2023-12-28 Work SessionKodiak Island Borough
Assembly Work Session
Assembly Chambers
Thursday, December 28, 2023, 6:30 p.m.
________________________________________________________________________________________
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular
meeting agenda packet and seek or receive information from staff. Although additional items not listed on the
work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken
at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda.
This work session is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting
packets are available online.
Page
1. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202
(Limited To Three Minutes Per Speaker)
2. AGENDA ITEMS
a.
Discuss Resolution No. FY2024-11 Adopting A State Legislative
Capital Improvement Project Priority List For The 2024
Legislative Session
Agenda Item Report - Pdf
3 - 48
b.
Discussion Of KFRC Saltwater Disinfection System Funding And
Authorization To Proceed With A Request For Proposal
Agenda Item Report - Pdf
49 - 341
3. PACKET REVIEW
a.
PUBLIC HEARING
Ordinance No. FY2024-04 An Ordinance Of The Assembly
Of The Kodiak Island Borough Amending Title 2
Administration And Personnel, Chapter 2.30 Rules Of The
Assembly, Section 2.30.080 Order Of Speaking
Ordinance No. FY2024-11 Amending Title 2 Administration
And Personnel, Chapter 100 Boards, Committees, And
Commissions Section 2.100.040 Qualifications To Allow
Residents To Serve On Various Boards, Committees, And
Commissions
CONTRACTS
Contract No. FY2024-08, Professional Services
Agreement With Water Technology, Inc. For Kodiak High
School Pool Statement Of Work and Proposal Package
Preparation Based On The Prepared Evaluation
Page 1 of 344
RESOLUTIONS
Resolution No. FY2024-11 Adopting A State Legislative
Capital Improvement Project Priority List For the 2024
Legislative Session
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2024-13 Amending Title 3 Revenue And
Finance, Chapter 3.30 Contract, Purchase, Sale, And
Transfer Procedures, And Section 3.30.020 Limitation On
Manager’s Authority To Increase The Spending Authority
From Twenty-Five Thousand To One Hundred Fifty
Thousand For The Enterprise Fund
OTHER ITEMS
Confirmation Of Mayoral And Assembly Appointments To
The Different Boards, Committees, And Commissions
4. MANAGER’S COMMENTS
a.
Borough Manager's Report
20231228 Borough Manager's Report
342 - 343
5. CLERK'S COMMENTS
a.
Borough Clerk's Report
20231228 Borough Clerk's Report
344
6. ASSEMBLY MEMBERS’ COMMENTS
7. MAYOR'S COMMENTS
8. OFFICIAL TRAVEL CALENDAR
February 18-24, AML Winter Legislative Conference, Juneau,
Alaska
April 2024, Cook Inlet Regional Citizens Advisory Council, Kenai,
Alaska
_________________________________________________________________________
This meeting is open to the public and will be broadcast 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 344
KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 28, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital
Improvement Project Priority List For The 2024 Legislative Session
ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support
RECOMMENDATION:
For discussion of the Assembly. This is a continuation of the discussion from the December
14 work session.
DISCUSSION:
The Assembly annually passes a resolution identifying capital projects deemed as priorities to
submit to the Alaska Governor and State Legislative delegation for consideration of funding
opportunities at the State level.
Staff produced a suggested list for consideration and have amended the list per the direction
of the Assembly during the November 9th work session.
It has been the practice of staff to use the information included in this annual resolution to
make entries in the State of Alaska Legislative Finance Capital Project Backup System,
known as CAPSIS, in January of each year. All state legislators have access to the CAPSIS
system where they can view the capital project descriptions and funding assistance being
requested by our organization. Entries in the CAPSIS system require the following
information: project title; agency designated to receive funding; the amount of funding being
requested; whether there will be additional future requests for funding of this project; a brief
project description; a funding plan that includes total project cost, amount and description of
funding secured, state funding request, and any balance of funding needed; a detailed project
description; a project timeline; and designation of the entity responsible for ongoing operation
and maintenance of the project.
Given the above practice, staff member Christiansen has included some notes in the version
requested by the Assembly.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.a.
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Resolution No. FY2024-11 Page 1 of 6
1 KODIAK ISLAND BOROUGH
2 RESOLUTION NO. FY2024-11
3
4 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A
5 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE
6 2024 LEGISLATIVE SESSION
7
8 WHEREAS,the Kodiak Island Borough represents approximately 13,000 residents of the
9 Kodiak Island Archipelago living in six incorporated cities and one community governed by a
10 tribal council government; and
11
12 WHEREAS,a Borough–wide capital improvement program has been adopted by the Kodiak
13 Island Borough Planning & Zoning Commission which identifies major needs of the island
14 community for the next five years; and
15
16 WHEREAS,the Kodiak Island Borough Assembly has reviewed the borough-wide capital
17 improvement program adopted by the Planning & Zoning Commission and identified major
18 projects to submit to the Alaska Governor and State Legislative Delegation for funding
19 consideration.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
22 BOROUGH that:
23
24 Section 1:The Kodiak Island Borough’s State Legislative capital improvement project
25 priorities (unranked) for the 2023 legislative session are as follows:
26
27 •St. Herman Harbor Infrastructure Replacement
28 Estimated Project Cost
29 Phase I & II $16,000,000
30 Phase III & IV $40,000,000
31 Funding Acquired $ ??
32 Needed Funds $ ??
33
34 The City of Kodiak is the owner of the two largest harbors in the Kodiak Island Borough, one of
35 those harbors, St. Herman Harbor (SHH), was built by the State of Alaska in 1982 and has been
36 a vital facility for Kodiak's large and diverse commercial fishing fleet for over 40 years. The State
37 of Alaska turned over all state-owned facilities in St. Herman Harbor to the City of Kodiak in
38 1999. The facility provides safe moorage for more than 400 vessels from all over Alaska and the
39 West Coast. Except for a few minor upgrades over the years, the original float system is beyond
40 its useful life and is in critical need of replacement.
41
42 The proposed project would result in the reconstruction of St. Herman Harbor with the
43 replacement of most of its float system in four phases. Currently, the harbor has been losing
Commented [MC1]: Do we know if the City is
contributing any funds toward this project?
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Resolution No. FY2024-11 Page 2 of 6
44 one dock per year due to aging and the saltwater elements. A dock loss results in 2 vessel
45 berths along with the revenue generated for the harbor. This rate of failure is likely to increase in
46 future years as the existing docks further deteriorate. The latest inspection report shows many
47 portions of the facility are in very poor condition. The forty-year-old float systems suffer from
48 failing concrete, rotting walers and bull rails, and an outdated electrical system. These floats
49 contain electrical pedestals, fire suppression water lines, safety ladders and supply water.
50
51 In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman Harbor
52 Planning and Scoping Report that includes concept harbor layouts, cost estimates and
53 construction phasing recommendations. The Kodiak Island Borough supports the City of Kodiak
54 request of $16 million to complete the first two phases. Phases III & IV estimated project
55 development cost is approximately $40,000,000.
56
57 Modernizing and expanding the port infrastructure is critical to remaining competitive in
58 maintaining our status as an important commercial fishing community. Waterfront facilities and
59 marine infrastructure are a critical element to the City of Kodiak and the State of Alaska,
60 supporting a large portion of the City's commerce, industry, transportation, and recreational
61 needs.
62
63 •Hospital Facility Sterilizer and Boiler Replacement
64 Estimated Project Cost $1,000,000
65 Funding Acquired $0
66 Needed Funds $1,000,000
67
68 The Kodiak Island Borough owned hospital facility boilers and associated system components
69 are aging along with the facility. The system components that have been identified for major
70 repair or replacement include the oil-fired boilers, chiller unit, reverse osmosis water system,
71 steam generation equipment and sterilization equipment are all in consideration. The oil-fired
72 boilers provide the major hydronic heating component for several associated systems at the
73 hospital facility. They include the production of facility heat, hot water and the hot water
74 component for conversion to steam via a steam generator that is distributed to the sterilizers
75 required for the hospital operations. The sterilizer equipment has been maintained at an
76 operational level. Due to the age of the existing equipment, increased frequent failures
77 associated with the steam generator and sterilization equipment has affected the operational
78 capacity of the hospital to the point where operating room availability is managed at times with
79 the functional capacity of the facility to ensure properly sterilized equipment. All of the system
80 components need to be evaluated for replacement timeframes as and of the individual
81 component failures may lead to services being suspended at the hospital facility.
82
83 • Kodiak Community Health Center Expansion
84 Estimated Total Project Cost $25,850,000
85 Funding acquired $8,317,901
86
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Resolution No. FY2024-11 Page 3 of 6
87 Estimated Design Cost $1,200,000
88 Needed Funds $1,200,000
89
90 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island
91 Borough owned hospital facility and co-located with Providence Kodiak Island Medical Center.
92 KCHC is in need of increasing the clinic space and is planning an expansion project. Due to
93 various changes in the community in the past five years, patient and provider counts have
94 increased and pushed this organization to the maximum of their space limitations. Additionally,
95 an increase in patient population is expected to coincide with a local US Coast Guard base
96 increase in employees and their families in the next few years.
97
98 With appropriate funding KCHC proposes to expand and improve the clinic space and continue
99 to provide needed services in the Kodiak community. KCHC has acquired funding in the
100 amount of $8.3 million toward this project, however design activities are not eligible within this
101 funding. KCHC is seeking design funds in order to move forward with the project and will
102 continue fund raising efforts for the balance needed.
103
104 •Kodiak Wastewater Treatment Plant Facility
105 Estimated Project Cost $1,900,000
106 Funding Acquired $ ??
107 Needed Funds $ ??
108
109 The City of Kodiak provides water and sewer services to Kodiak Island Borough residences
110 and business that are located adjacent to City of Kodiak boundaries. The City of Kodiak
111 Treatment Plant operates under an Alaska Department of Environmental Conservation
112 (ADEC) APDES permit. The first phase of a larger project to upgrade the City of Kodiak
113 Wastewater Treatment Plant was to evaluate the facility for immediate system needs. The
114 last major maintenance upgrade to the facility was in 1999. The condition and evaluation
115 assessment included all major components within the plant interior and exterior, the out-
116 buildings and three aeration basins; including all mechanical equipment needs. Alaska
117 Pollutant Discharge Elimination System (APDES) permitting requirements were included
118 during this assessment. Included in the facility rebuild assessment is the supervisory control
119 and data acquisition (SCADA) system to interface with the 34 sewer lift station pumps and
120 waste treatment at the facility. This facility with its labyrinth of connecting sewer lines,
121 directly serves 2667 City of Kodiak and Kodiak Borough households including commercial
122 businesses. The Treatment Plant also serves the U.S. Kodiak Coast Guard Base and the
123 Pacific Spaceport Complex indirectly with our certified laboratory testing and waste disposal;
124 not to mention NOAA vessels, the Alaska Marine Highway vessels and the expanding cruise
125 ship industry stopovers in our Kodiak Harbors.
126
127 The Kodiak Island Borough supports the City of Kodiak request for Federal funding in the
128 amount of $1.9M to begin design efforts leading to the construction of this critical
Commented [MC2]: This Borough resolution is
specific to STATE funding. City is asking for federal
funding.
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Resolution No. FY2024-11 Page 4 of 6
129 infrastructure Wastewater Treatment Plant project that will support the wastewater needs of
130 the community for the next twenty years.
131
132 • City of Larsen Bay Reservoir Spill Way
133 Estimated Project Cost $1,200,000
134 Funding Acquired $0
135 Needed Funds $1,200,000
136
137 The water reservoir spill way in the community of Larsen Bay is eroding and is nearing failure.
138 This reservoir provides drinking water and hydroelectric power to the residents in the second-
139 class city on Kodiak Island’s west side. The Kodiak Island Borough supports the second-class
140 City of Larsen Bay’s request for funding assistance.
141
142 •City of Port Lions Water Distribution System Replacement
143 Estimated Project Cost $8,000,000
144 Funding Acquired $0
145 Needed Funds $8,000,000
146
147 The original water and sewer distribution system for our community was built after the 1964
148 Good Friday earthquake and tsunami forced the displaced residents of Afognak to relocate in
149 what is now known as Port Lions. In 1994 a new system was installed. However, the contractor
150 did not complete the job correctly. Many homes were not connected to the new system and
151 many homes were connected incorrectly. The now connected system is considered aged out
152 because it is over twenty-five (25) years old. The City of Port Lions Public Works crew
153 consistently has a list of leaks and blockages to repair. In some places the system is beyond
154 repair. We are consistently over budget for our water and sewer utility due to the unexpected
155 expense of purchasing parts and paying our crew to repair and replace section of the
156 distribution system. The outdated system drastically hinders community expansion efforts. The
157 City of Port Lions are working closely with the Alaska Native Tribal Health Consortium (ANTHC)
158 for replacement project to be included in their funding pipeline as soon as possible.
159
160 • City of Old Harbor Septic Tank Replacement
161 Estimated Project Cost $100,000
162 Funding Acquired $0
163 Needed Funds $100,000
164
165 The Kodiak Island Borough supports the City of Old Harbor’s request for funding to Install a
166 sewer septic tank in downtown Old Harbor which is a second-class city within the Kodiak Island
167 Borough.
168
169 • City of Port Lions Fire Station Insulation
170 Estimated Project Cost $35,000
171 Funding Acquired $0
Commented [MC3]: The City of Port Lions is
working with ANTHC on this project, not the STATE
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Resolution No. FY2024-11 Page 5 of 6
172 Needed Funds $35,000
173
174 The fire station in the second-class City of Port Lions is not insulated which necessitates that
175 the fire truck be left empty of water during the winter months when temperatures drop below
176 freezing and limits the time and ability to respond to a fire related emergency. The City of Port
177 Lions requests funds for the purchase and installation of building insulation materials.
178
179 • Community of Karluk Water Tank Installation
180 Estimated Project Cost $250,000
181 Local Funds $0
182 Needed Funds $250,000
183
184 The water holding tank in the community of Karluk has been condemned by the DEC. The
185 Karluk IRA Tribal Council has a new water tank sitting in the Native Village of Karluk. The
186 Kodiak Island Borough supports this request for funds to install the water tank for the water
187 distribution to this community that lies within the Kodiak Island Borough.
188
189 • City of Port Lions Disaster and Emergency Preparedness
190 Estimated Project Cost $50,000
191 Local Funds $0
192 Needed Funds $50,000
193
194 The City of Port Lions has an active Volunteer Fire Department and Village Response Team,
195 both of which consist of fairly new members who are acquiring the necessary training to be
196 effective First Responders. There is also a strong Public Safety Department (Village Public
197 Safety Officer) and a community health clinic.
198
199 Available resources have been used to properly outfit Volunteer Firefighters, but there is still a
200 need for additional gear.
201
202 The Quonset that houses the fire truck lacks heat and insulation, requiring that the truck tank be
203 empty, and that hydrants and hoses are relied upon during the cold months. Foam insulation
204 and installation and a waste oil burning heater in the Quonset garage would allow the firetruck
205 to be used all year round.
206
207 The community has received tsunami warning sirens through SOA and NOAA funding.
208 However, one of the sirens is not connected to permanent electricity. A contract with the local
209 electric provider is required for it to be installed.
210
211 Basic disaster preparedness survival items such as emergency blankets, cots, dehydrated
212 meals and a portable water purification system are also needed for this second-class city within
213 the Kodiak Island Borough to be prepared for a local disaster or emergency.
214
Commented [MC4]: What are they really asking
for?
The request for insulation is its own item above.
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Resolution No. FY2024-11 Page 6 of 6
215 Section 2:The Kodiak Island Borough administration is hereby instructed to advise our
216 State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects
217 Priority List adopted by the Kodiak Island Borough Assembly.
218
219 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
220 THIS DAY OF , 2023
221
222 KODIAK ISLAND BOROUGH
223
224 ATTEST:
225 ___________________________
226 Scott Arndt, Borough Mayor ______________________________
227 Nova M. Javier, MMC, Borough Clerk
228
229 VOTES:
230 Ayes:
231 Noes:
232
233
234
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Sharrat List of CIP plus Auditorium Lighting project
Number Owner Reference Dollar Value Category Project Name/Description
1 KIB FY2024-11 1,000,000.00$ Healthcare Hospital Facility Sterilizer and Boiler Replacement
2 KIB FY2024-11 1,200,000.00$ Healthcare Kodiak Community Health Center Expansion
3 KIB/PZ FY2024-11 10,427,850.00$ Roads Bells Flats Commerical Truck Route Improvements
4 KIB/PZ FY2024-11 2,000,000.00$ Roads Pedestrian Pathways to Northstar Elementary School
5 KIB FY2024-11 525,000.00$ Schools Chiniak School Well and Water Treatment System
6 KIB FY2024-11 1,782,000.00$ Schools Northstar Elementary School Roof and Skylight Replacement
7 KIB FY2024-11 1,200,000.00$ Life/Health City of Larsen Bay Reservoir Spill Way
8 KIB/PZ FY2024-11 2,500,000.00$ Electrical City of Ouzinkie Electrical Distribution System Replacement
9 KIB/PZ FY2024-11 35,000.00$ Life/Health City of Port Lions Fire Station Insulation
10 Assembly 1,500,000.00$ Recreation Lighting for Gerald C Wilson Auditorium
11 KIB/PZ FY2024-11 500,000.00$ Recreation Mill Bay Beach Access and Recreation Upgrade
12 KIB/PZ FY2024-11 10,000,000.00$ Roads Anton Larsen Bay Road Extention to Ice Free Water
13 P&Z FY2024-27 1,800,951.75$ Roads Womens Bay SD South Russian Creek Road Repaving
14 P&Z FY2024-27 10,500,000.00$ Roads
Service Area 1, Women's Bay, Bayview, and Monashka Service Area
Paving Improvements
15 P&Z FY2024-27 20,000,000.00$ Roads Kodiak Island Borough Mission Road Safety Improvements
16 P&Z FY2024-27 8,000,000.00$ Life/Health City of Port Lions Water Distribution Replacements and Expansion
17 P&Z FY2024-27 10,500,000.00$ Electrical City of Old Harbor Hydroelectric Power Project
18 P&Z FY2024-27 100,000.00$ Life/Health City of Old Harbor Septic Tank Replacement
19 P&Z FY2024-27 5,000,000.00$ Roads Womens Bay West Rezanof Pedestrian Improvements
20 P&Z FY2024-27 42,000,000.00$ Roads Chiniak Highway Paving
21 P&Z FY2024-27 250,000.00$ Life/Health City of Karluk Community Water Tank Distro System
22 P&Z FY2024-27 4,807,500.00$ Faciliites City of Ouzinkie Municipal All-Purpose Complex
23 P&Z FY2024-27 2,500,000.00$ Electrical City of Ouzinkie Electrical Disro System
24 P&Z FY2024-27 10,250,000.00$ Electrical City of Ouzinkie Renewable Energy Projects
25 P&Z FY2024-27 60,000.00$ Facilities City of Ouzinkie Landfill Sotrage Facility
26 P&Z FY2024-27 1,100,000.00$ Equipment City of Ouzinkie Equipment Replacement
27 P&Z FY2024-27 3,320,000.00$ Facilities City of Ouzinkie Municipal Port Facility Upgrades
28 P&Z FY2024-27 3,275,000.00$ Roads City of Ouzinkie Community Road Upgrade-Construction
29 P&Z FY2024-27 650,000.00$ Facilities City of Ouzinkie Public Facilities Development
30 P&Z FY2024-27 50,000.00$ Life/Health City of Port Lions Disaster Emergency Prepardness
31 P&Z FY2024-27 750,000.00$ Facilities Demo and Replacement of Port Lions City Shop
32 P&Z FY2024-27 2,500,000.00$ Roads City of Port Lions roads resurfacing
33 P&Z FY2024-27 65,000.00$ Equipment City of Port Lions Equipment Fleet
34 P&Z FY2024-27 75,000.00$ Equipment City of Port Lions Harbor Crane
35 P&Z FY2024-27 20,000.00$ Program City of Port Lions Youth Activity Program
36 P&Z FY2024-27 250,000.00$ Faciliites City of Port Lions Harbor Building
37 P&Z FY2024-27 250,000.00$ Electrical City of Port Lions Energy Independence
38 P&Z FY2024-27 25,000,000.00$ Airport City of Port Lions Airport Expansion Project
39 COK 2023-07 16,000,000.00$ Ports St Herman Harbor Infrastructure Replacement Phase I & II
40 COK 2023-07 40,000,000.00$ Ports St Herman Harbor Infrastructure Replacement Phase III & IV
41 COK 2023-07 1,900,000.00$ Facilities Waste Water Treatment Plant
42 COK 2023-07 2,350,000.00$ Equipment New Fire Department Response Vehicle
43 COK 2023-07 2,000,000.00$ Roads Mill Bay Rod
44 COK 2023-07 1,750,000.00$ Roads Mission Road
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Resolution No. FY2024-11 Page 1 of 6
KODIAK ISLAND BOROUGH 1
RESOLUTION NO. FY2024-11 2
3
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 4
STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2024 5
LEGISLATIVE SESSION 6
7
WHEREAS, the Kodiak Island Borough represents approximately 13,000 residents of the 8
Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal 9
council government; and 10
11
WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 12
Island Borough Planning & Zoning Commission which identifies major needs of the island 13
community for the next five years; and 14
15
WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 16
improvement program adopted by the Planning & Zoning Commission and identified major 17
projects to submit to the Alaska Governor and State Legislative Delegation for funding 18
consideration. 19
20
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 21
BOROUGH that: 22
23
Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 24
priorities (unranked) for the 2023 legislative session are as follows: 25
26
• Hospital Facility Sterilizer and Boiler Replacement 27
Estimated Project Cost $1,000,000 28
Needed Funds $1,000,000 29
30
The Kodiak Island Borough owned hospital facility boilers and associated system components 31
are aging along with the facility. The system components that have been identified for major repair 32
or replacement include the oil-fired boilers, chiller unit, reverse osmosis water system, steam 33
generation equipment and sterilization equipment are all in consideration. The oil-fired boilers 34
provide the major hydronic heating component for several associated systems at the hospital 35
facility. They include the production of facility heat, hot water and the hot water component for 36
conversion to steam via a steam generator that is distributed to the sterilizers required for the 37
hospital operations. The sterilizer equipment has been maintained at an operational level. Due to 38
the age of the existing equipment, increased frequent failures associated with the steam generator 39
and sterilization equipment has affected the operational capacity of the hospital to the point where 40
operating room availability is managed at times with the functional capacity of the facility to ensure 41
properly sterilized equipment. All of the system components need to be evaluated for replacement 42
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Resolution No. FY2024-11 Page 2 of 6
timeframes as and of the individual component failures may lead to services being suspended at 43
the hospital facility. 44
45
• Kodiak Community Health Center Expansion 46
Estimated Total Project Cost $25,850,000 47
Funding acquired $8,317,901 48
49
Estimated Design Cost $1,200,000 50
Needed Funds $1,200,000 51
52
The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island 53
Borough owned hospital facility and co-located with Providence Kodiak Island Medical Center. 54
KCHC is in need of increasing their clinic space and is planning an expansion project. Due to 55
various changes in the community in the past five years, patient and provider counts have 56
increased and pushed this organization to the maximum of their space limitations. Additionally, 57
an increase in patient population is expected to coincide with a local US Coast Guard base 58
increase in employees and their families in the next few years. 59
60
With appropriate funding KCHC proposes to expand and improve the clinic space and continue 61
to provide needed services in the Kodiak community. KCHC has acquired funding in the amount 62
of $8.3 million toward this project, however design activities are not eligible within this funding. 63
KCHC is seeking design funds in order to move forward with the project and will continue to fund 64
raise for the balance needed. 65
66
• Bells Flats Commercial Truck Route Road Improvements 67
Estimated Project Cost $10,475,000 68
Funding Acquired 47,150 69
Needed Funds 10,427,850 70
71
This project will improve an existing circuit of roads in the Womens Bay area of the Kodiak Road 72
System. The roads included in this project are traveled by commercial trucks transporting product 73
from a gravel extraction site on Middle Bay Drive which produces the bulk of the gravel materials 74
for concrete and asphalt production in the Kodiak community. It is estimated that this site can 75
continue to produce a significant supply of gravel until at least the year 2040. These roads also 76
support approximately 350 residents and other small business operations. A traffic pattern utilizing 77
this loop of roads has been established to minimize collision potential. Empty gravel hauling 78
trucks enter the gravel extraction site at one location and exit at a separate location, allowing the 79
trucks to travel one-way along the circuitous path. 80
81
This project will preserve improve road surfaces by reconstructing approximately three (3) miles 82
of roadway including Sargent Creek Road, Salmonberry Drive, Middle Bay Drive, and Bells Flats 83
Road in the Bells Flats Subdivision approximately eight miles south of the City of Kodiak. These 84
routes all link together and are the main loop through the Women's Bay Area. Reconstruction of 85
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Resolution No. FY2024-11 Page 3 of 6
the Sargent Creek Road will begin at Rezanof Drive and extends to the intersection of Bells Flat 86
Rd. continuing from the intersection of Salmonberry Drive to the end of Middle Bay Drive 87
(approximately 2 miles of paved road surface). The intersection of Bells Flat Road and Sargent 88
Creed Rd, including all of Salmonberry Drive, back to the intersection Bells Flat Rd to Middle Bay 89
Dr will also be reconstructed (approximately 1 mile of gravel/RAP road surface). Existing 90
pavement will be milled and repaved, RAP surface areas will be paved, and subsurface 91
improvements to be completed on portions of the project as well as 8 culvert replacements. 92
Sargent Creek road, included in this project, is the single road for entry into and exit from the 93
subdivision, thus connecting all residents of the subdivision with goods and services such as 94
medical, educational, travel (airport and Alaska Marine Highway), grocery, home goods, repair, 95
etc. in the greater Kodiak city area. 96
97
• Pedestrian Pathways to North Star Elementary School 98
Estimated Project Cost $2,000,000 99
Needed Funds $2,000,000 100
101
This project will provide safe pedestrian access to an elementary school located atop a hill and 102
surrounded by residential neighborhoods without sidewalks along the narrow unpaved roads. It 103
also connects to a pedestrian/bike path along an arterial road that is popular among residents 104
and visitors for commuting and recreational use, and a recreational trail that follows a nearby 105
creek. 106
107
A separated five-foot-wide pedestrian gravel pathway will be constructed along two residential 108
roads leading to an elementary school. A separated pedestrian pathway addresses the risk for 109
vehicle-pedestrian interactions, particularly when roads are snow and/or ice laden, by 110
constructing a gravel pathway outside of the roadway. The dangerous walking conditions during 111
winter have necessitated a hazardous bus route for students living within one mile of the school, 112
provided by the Kodiak Island Borough School District. 113
114
• Chiniak School Well and Water Treatment System 115
Estimated Project Cost $600,000 116
Local Funds $75,000 117
Needed Funds $525,000 118
119
Water at the Chiniak school is supplied by a local well that produces a sufficient quantity but low 120
quality of water to the school. Because the water is non-potable it requires treatment prior to 121
consumption by students, staff, and visitors to the small community school. A previous chlorine 122
treatment system was removed many years ago due to age and difficulty of maintenance during 123
a several year school closure. Since the school re-opened different water sources have been 124
explored but found to be unusable. The best option is to re-establish a water treatment system 125
associated with the existing well for water supply. 126
127
128
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Resolution No. FY2024-11 Page 4 of 6
• North Star Elementary School Roof and Skylight Replacement 129
Estimated Project Cost $2,500,000 130
Local Funds $718,000 131
Needed Funds $1,782,000 132
133
The system of skylights within the North Star Elementary School roof provide daylight to the 134
school’s library, common area and cafeteria. The skylight system has been leaking and 135
permeating the roof membrane, requiring replacement of both. This project provides for 136
replacement of the skylight with a new skylight system, along with a comprehensive replacement 137
of the low slope roofing membrane and associated assembly. 138
139
• City of Larsen Bay Reservoir Spill Way 140
Estimated Project Cost $1,200,000 141
Needed Funds $1,200,000 142
143
The water reservoir spill way in the community of Larsen Bay is eroding and is nearing failure. 144
This reservoir provides drinking water and hydroelectric power to the residents in the second-145
class city on Kodiak Island’s west side. 146
147
• City of Ouzinkie Electrical Distribution System Replacement 148
Estimated Project Cost $2,500,000 149
Needed Funds $2,500,000 150
151
The electrical distribution system in the second-class city of Ouzinkie which is in the Kodiak Island 152
Borough is in need of replacement. The electrical transformers in this community’s electrical 153
distribution system have rusted due to exposure to the island’s saltwater atmosphere, allowing 154
water into transformers which causes extreme loads, short circuits and the potential for explosion. 155
Further, the distribution cable is now beyond it’s expected life and there are no alternatives for 156
providing power to many of the community residents should a failure occur. 157
158
• City of Port Lions Fire Station Insulation 159
Estimated Project Cost $35,000 160
Needed Funds $35,000 161
162
The fire station in the second-class City of Port Lions is not insulated which necessitates that the 163
fire truck be left empty of water during the winter months when temperatures drop below freezing 164
and limits the time and ability to respond to a fire related emergency. The City of Port Lions 165
requests funds for the purchase and installation of building insulation materials. 166
167
• Service Area Road Improvements and Paving 168
Estimated Project Cost $10,000,000 169
Local Funds $1,000,000 170
Needed Funds $9,000,000 171
AGENDA ITEM #2.a.
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Page 14 of 344
Resolution No. FY2024-11 Page 5 of 6
172
This project addresses the on-going need to improve portions of the roads in the Kodiak Island 173
Borough’s Road service areas: Service Area No. 1, Womens Bay Service Area, Bay View Road 174
Service Area, and Monashka Bay Road Service Area. These roads connect residential 175
neighborhoods with the greater Kodiak community. 176
177
Paving projects will address main thoroughfares or busy neighborhood roads. Improvements to 178
major drainage courses, installation of guard rails, and other identified road improvement needs 179
may also be addressed with this funding. 180
181
Priorities for expenditure of these funds are determined by the road service area boards. Local 182
contributions to road improvements may be funded through local improvement districts where 183
those in the district are taxed a proportion of the project cost. 184
185
• Mill Bay Beach Access and Recreation Upgrade 186
Estimated Project Cost $500,000 187
Needed Funds $500,000 188
189
Mill Bay Beach is a recreational area heavily used by residents, sport fishermen and community 190
groups who come to access this beach site located close to town. Time, tide, and use have eroded 191
safe access to the two stretches of beach at this site. This project includes new stairs, walkways 192
and trail enhancements between the two beaches, as well as a small raft/kayak launch. 193
194
• Anton Larsen Bay Road Extension to Ice Free Water 195
Estimated Project Cost $10,450,000 196
Funding Acquired $450,000 197
Needed Funds $10,000,000 198
199
An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 miles to ice 200
free waters just outside Anton Larsen Bay. The project will include a boat launching ramp. The 201
road will provide year around road access to Kodiak for residents of Port Lions, Ouzinkie and 202
much of the west side of Kodiak Island and all of Afognak Island without having to travel around 203
Spruce Cape. 204
205
Year-round travel by vessel to Kodiak around Spruce Cape is treacherous. Extending the Anton 206
Larsen Bay Road makes winter traveling safer and provides access to critical services located in 207
the City of Kodiak – including hospitals and businesses. The road extension will support existing 208
commercial operations in Marmot Bay such as Kodiak Electrical Association hydro-electric plant, 209
Koniag Inc. rock quarry, and Kodiak Regional Aquaculture Association’s Kitoi hatchery. Moreover, 210
an extended road will enhance summer and winter recreational opportunities and activities for all 211
Kodiak residents. 212
213
AGENDA ITEM #2.a.
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Page 15 of 344
Resolution No. FY2024-11 Page 6 of 6
The Anton Larsen Bay Road extension is envisioned as a project undertaken by the Native Village 214
of Ouzinkie or the Spruce Island Develop Corporation. It will be built on a road right-of-way 215
donated by the Ouzinkie Native Corporation and Koniag, Inc. The road extension is also in the 216
road inventory of the Sun’aq Tribe of Kodiak. Maintenance of the extension is expected to be by 217
one or both tribal entities. The route is identified in the Kodiak Transportation Plan as in important 218
upland facility. Routing is complete and most of the design work is finished. An environmental 219
assessment was completed in 2020. It is requested that this project be included in State of 220
Alaska’s State Transportation Improvement Program (STIP). Funding will be from State and/or 221
Federal funds with Ouzinkie Native Corporation and Tribe providing the right-of-way and in-kind 222
services. 223
224
Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State 225
of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List 226
adopted by the Kodiak Island Borough Assembly. 227
228
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 229
THIS DAY OF , 2023 230
231
KODIAK ISLAND BOROUGH 232
233
ATTEST: 234
___________________________ 235
Scott Arndt, Borough Mayor ______________________________ 236
Nova M. Javier, MMC, Borough Clerk 237
238
VOTES: 239
Ayes: 240
Noes: 241
242
243
244
AGENDA ITEM #2.a.
Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...
Page 16 of 344
73:
4.‘iv
i
1.Service Area One,Women’s Bay Servic
e
A
re
a,
BayviewServiceAreaand
Monashka Bay Service Area Road and Improv
ements$10,500,000
To be applied to priority projects identified by roa
d
servicedistrictsincludingService
Area One,Womens Bay Service Area,Bayvie
w
Se
rv
ic
e
Area,andMonashkaBayService
Area.Priorities will be based on recommendat
ions
madebytheelectedservicearea
boards and professional engineering study.cont
ribut
ions
toprojectengineeringand
design may be funded through local improvem
ent
distr
icts
wherethoseinthedistrictare
taxed a proportion of the project.
2.Kodiak Island Borough Mission Road (
I
n
c
l
u
d
i
n
g
SpruceCape)Safety
Improvements
$20,000,000
Mission Road is a major collector street for th
e
c
o
andoneoftheroadsthatlead
to downtown.The project will widen the existi
ng
tw
o
(2)lanesandprovideapedestrianand
bike path on the shoulder or on the sidewalks.reque
st
fundingwillprovideforthe
needed planning and design that will help dev
elo
p
ascopeofworkandtheoverallproject
cost
A RE
SO
LU
TI
O
N
OFTHEKODIAKISLANDBOROUGHPLANNINGANDZONING
COMM
ISSION
RECO
MMEN
DING
ACAPITALIMPROVEMENTPROJECTSPRIORITY
LISTFORFY2024-2027
WHEREAS
,
aBoro
ugh-
wide
capitalimprovementprogramisadoptedannuallybythe
Kodiak Isl
an
d
Boro
ugh
AssemblywithrecommendationsfromthePlanning&Zoning
Commissio
n.
Thi
s
listidentifiesthemajorneedsoftheislandcommunityforthenextfive
years;and
Section TheKodiakIslandBoroughPlanningandZoningCommissionrecommendsthe
followin
g
c
a
p
i
t
a
l
improve
ment
projects,inorderofpriority,foradoptionintotheKodiakIsland
Borough 202
2-
202
6
CIPlistofCapitalProjects:
WHERE
AS,
theKodiakIslandBoroughrepresentsapproximately15,000residentsofthe
Kodiak Archi
pelago
livinginsixincorporatedcitiesandonecommunitygovernedby
a tribal govern
ment;
and
WHER
EAS,
THEKodiakislandBoroughidentifiespriorityprojectstobesubmittedtothe
Alaska legisl
ative
delegationandtheFederallegislativedelegationwhenapplyingfor
grants;
NO
W,
T
H
E
R
E
F
O
R
E
,
BEITRESOLVEDBYTHEPLANNINGANDZONINGCOMMISSION
OF KO
DIA
K
ISLANDBOROUGHTHAT:
L.DOO\lO\U'|-l>UUl\)|—‘
Kodia
k
I
s
l
a
Boroug
h,
AlaskaResolutionNo.FY2024-27
Page1of15
KO
DIA
K
ISLA
ND
BOROUGH
RES
OL
UTI
ON
NO.FY2024-27
Introduced b
y
:
Requested
Drafted by:
Introduced o
n
:
Adopted on:
P&Z Commi
ssion
9/13
/
2023
9/20
/
2023 AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 17 of 344
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9.Anton Larsen Bay Road toIceFreeWater
$10,450,000
An extension of the Anton Lars
en
Ba
y
Roadtoice-freewaterswillprovideyear-roundaccess
to those communities located i t
h
e
Kupr
eano
f
StraitandKizhuiakBayareaaswellasthose
who use the ls|and’s West side co
m
me
rci
al
andrecreationalpurposes.Manytimesduring
the year travel by vessel to istreachero
us.
Extendingtheroadtoice-freewaters
makes traveling safer,providi
ng
acc
ess
tocriticalserviceslocatedintheCityofKodiak
including hospitals and busine
sses.
Thisisenvisionedtobeacooperativeeffortbetween
KIB,AKDOT,Ouzinkie Nativ
e
C
o
r
p
o
r
a
ti
o
n
(surfaceestateowner),KoniagInc.(surface
estate owner)and other tribal ThisroutewasidentifiedintheKodiakTransportation
Plan as an important upland f
a
c
i
l
i
t
y
.
Someoralloftheaforementionedparitiesmay
participate in funding this.
The residents of Chini
ak
arerequesti
ng
toseekfundingforpavingtheChiniak
Highway from mile ma
ke
r
30tomilemarker42.Theroad,ownedbytheState,
requires grading,drai
nage
work
,
pavingandconstructionpedestrianfacilities.
Currently the road is whichpossessincreasedicyconditionsinthewinterandis
dusty at all times of th
e
y
e
ar
whendry.Thegravelroadrequirescontinual
maintenance.The resi
den
ts
believethatmaintenancewillbereduced,andpublic
health and safety will withthepavingoftheroad.Costwasestimatedat
$3,500,000.00 per mil
e
p
er
stateandfederalcalculations.
The section of We
st
Re
za
no
f
DrivenearSargentCreekandtheRussianRiver
frequently has visi
tors
takin
g
advantageoffishingopportunitiesandotherwildlife
viewing activities.parkingandpedestrianactivityalongthiscorridorare
not compatible wit
h
th
e
high-
speed
vehiculartrafficontheroadway.Toenhance
and eliminate conf
licts
betw
een
usergroups,newconstructionitemsarebeing
proposed.This in
cl
ud
es,
butisnotlimitedto,additionaloff-streetparking,
boardwalks,pedest
rian
bridge
s,
andotherpedestrianimprovements.
12.The City K
a
rl
u
k
Communi
ty
WaterTankDistributionSystems
$250,000
The current wa
ter
tan
k
inKarlukhasbeencondemnedbytheDEC.TheKarlukIRATribal
Council has a wat
er
tanksittingintheNativeVillageofKarluk.Fundsarerequested
for installation thewaterdistributiontotheVillage.
and business d
e
v
e
l
o
p
inthecommunity.
8.The City OldHarborSepticTankReplacement
$100,000
Install a se
we
r
sept
ic
tankindowntownOldHarbor,Alaska.
10.BayServiceDistrictWestRezanofDrivePedestrianImprovements
$
5
,
0
0
0
,
0
0
0
1
3.
BayServiceDistrictSouthRussianCreekRoadRepavingKodia
k
I
s
l
a
Boroug
h,
AlaskaResolutionNo.FY2024-27
Page3of15
108
111112113114115116117118119120121122123124125126127128
11.Highwa
y
Paving
$
4
2
,
0
0
0
,
0
0
0
139
141142143144145146
129
131132133134135
149
152153154
136
138
147
AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 19 of 344
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There would be several areas along with offices and a conference/meeting room that
could house other much needed facilities for the community.A Teen and Youth Center,
one or two studio apartments,a Rural Training Center and an entrance or outdoor area
that would pay proper tribute to our men in uniform for their dedicated service to our
country is something that is valued by our community.A memorial would be a welcome
addition in recognition of their bravery,selflessness,and commitment to the defense of our
na?on.
A Teen and Youth Center where Ouzinkie’s youth would have a fun and safe place to
socialize,exercise and have appositive interaction with peers and adults affiliated with the
center.The Center could bring a strong character and realize our youth’s development,
healthy living,and social responsibility.The mission would be to provide a safe,enjoyable
environment where teenagers can engage in beneficial educational,and leisure-time
activities.
Part of the building could also be used as a Rural Training Center with the conference and
meeting room serving a dual purpose as training and meeting rooms.Having a designated
area for classes would broaden the opportunities available for both agency programs and
actual opportunities for residents that have employment skill needs that are currently
unmet.The intent would be to keep the scale of operation flexible and small in size so as to
be able to adapt to changing vocation skill needs as well as providing focused individual
instruction.
-Phase One-Design:$550,000
This would include design of the building which would include but not be limited to
the administration offices,meeting and conference area/training areas,library,
apartments,supply and maintenance/parts area.
0 Phase Two-Construction:$4,257,500
Moving of the office into temporary quarters.The City of Ouzinkie has a lot where a
temporary office trailer could go while this construction is unden/vay.It is believed
that if construction starts in the early spring,then by late fall the project would be
completed.This phase would also include site preparation and construction.
16.The City of Ouzinkie Electrical Distribution System
Age and exposure to salt-water atmosphere have revealed that all of the transformers onOuzinkie’s electric distribution system have rusted out.When the lids rust through,watergetsintothetransformerscausingextremeloads,short circuits,and the potential,(due tobuildupofgaspressure),of explosion with consequences to individuals and property in thevicinity.It is expected that this preventive renovation will reveal other situations such asindividualpolesthatneedreplacementandreroutingoftransmissionlines.A highly criticalandsignificantsectionofOuzinkie’s power is connected to the hydroelectric plant.Thisconnectionisbydirectburialconcentricneutral7,200-volt power lines.This quality of cableasitwasinstalledhasbeenestimatedbyJimDevelin,KEA’s Electrical Engineer to haveexceededitsnormalexpectedlifeandissubjecttofailureanyday.The western section oftownisservicedbythesametypeofcableandthereisnopossibilityofdeliveringpowertotheseresidents,temporary or othenivise when this failure occurs.It is desired that this groject be engineered,and groject managed through The AlaskaEnergyAuthority.
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AlaskaResolutionNo.FY2024-27
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CityofOuzinkieRenewableEnergyProjects
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2
AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 21 of 344
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20.The City of Ouzinkie Municipal Port Facility Up
gra
desoZincReplacementforHarborandDo
ck
$50,000
The Ouzinkie Boat Harbor was competed in 2001 and do
ck
wascompletedin2012and
the zinc anodes on the metal pilings and dock face are ne
ed
ofreplacemen
t
dueto
electrolysis.Cathodic protection is a technique used to thecorrosionofmetal
surface.The simplest method to apply cathodic protect
ion
isbyconnectin
g
themetaltobe
protected with another more easily corroded metal to a
c
t
astheanode.Zincisoneofthe
metals commonly used as anodes.Due to the zincs be
in
g
wel
ded
onmeansthatdrivers
will have to replace these zincs on both the harbor and
-Electrical Upgrade and Water to Boat $50,000
The Ouzinkie Boat Harbor,when it was built,was desig
ned
withverylimitedelectrical
outlets.One group of 4 plug-ins at the end of each floa
t.
O
u
r
harborisfullandtheneedfor
electricity by the vessels has outgrown what is availabl
e.
A
n
upgra
de
toexistingmeter
bases and additional bases to be put in at intervals alo
ng
thethreefingerstogetridofthe
multitude of electrical cords being used by individual u
s
er
s.
The Harbor also does not have access to any fresh wa
ter.
Theinstallati
on
ofwaterlinesto
the three floats would eliminate the need to haul water thecentralpartoftown.Fresh
water would allow for local access to boats and skiffs t
h
a
t
mo
or
attheHarborandfor
18.The City of Ouzinkie Lan
dfill
Stor
age
Facility
$60,000
Landfills are excavated or engi
neere
d
siteswherenon-liquidhazardouswasteisdeposited
for final disposal and covered.con
stru
ctio
n
ofaStorageFacilityhereisintendedto
protect human health and the e
n
v
i
r
o
n
fromtherisksposedbywaste.Thecontainment
building will be 60’x80’complet
ely
enc
los
ed,
self-
supporting
structure(i.e.,havefourwalls,
a roof,and a floor)used to stor
e
o
r
treatnon-
containeri
zed
hazardouswaste.Since
landfills are permanent disposal s
i
t
e
s
andareclosedwithwasteinplaceinstallingsucha
structure will enhance health a
n
d
sa
fe
ty
foroperatorsmaintainingtheislandsdumpstation.
The fabrication of covered stora
ge
wil
l
extendthelifeofthislandfillabenefitforlimited
island area.
19.The City of Equipme
nt
Replacement
$1,100,
000The city’s isagingoutandneedstobereplaced.Heavyequipmenthas
been com
prom
ised
duetobeingopentothesaltairandotherelements.Astorage
building fo
r
h
o
u
s
i
n
g
heavyequipmentforboththeNativeVillageofOuzinkieand
the City of hasbeenfundedandisinitsinitialstages.
Fork Life
Dump Tr
uc
kCaterpillarE
xc
av
at
or
320
Sewage Truck
BackhoeI
Loader
Kodia
k
I
s
l
Boroug
h,
AlaskaResolutionNo.FY2024-27
Page7of15
$250,000
$200,000
$300,000
305
308309310311312313314315316
293
296297298299300301302
318
321322323324325
326
329330331
332 291333
AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 23 of 344
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22.The City of Ouzinkie Public Facilities Development
a Boardwalk RepairlReplacement $100,000
Ouzinkie’s wooden boardwalk is an identifying feature of the community and provides for a
scenic stroll along our coastline.Unfortunately,City budget constraints have not allowed
for proper routine maintenance and our boardwalk is in desperate need of extensive
repairs or a complete replacement.Ouzinkie residents frequently travel the boardwalk to
get from one end of the community to the other and it is highlight of our village tour.
Ensuing its continued presence in our community is a priority for many Ouzinkie residents.
0 Community Development $200,000
The City of Ouzinkie has many trails and recreational spots that have been in existence for
time immemorial and should be taken care of especially that Ouzinkie is working on
drawing tourism to the village.Scenic outlook viewing shelters,fire pits,benches,outdoor
toilet facilities,trail maintenance,small bridges,and camping facilities would contribute to
the development of this tourism and economic development.In keeping with tourism,a
water-front area of shops downtown would be an attraction to tourists where they could buy
form local artists.
The community needs an outdoor recreation site.A place where activities such as a
baseball,volleyball,basketball,tennis,track,etc.can be conducted.The facility could also
include a camping and barbecue area for outdoor community events and tourist events.
-Upgrade to Freezer BuildinglFish Processing Facility $350,000
The existence of our community’s freezer building/fish processing facility represents a
great deal of opportunity and un-utilized potential.The primary reason for its non-
operational status is that the cost of operation is too high,and the village cannot afford its
associated costs.Some modifications are required to update the facility and maximize its
job-creating and income-earning potential,such as a ramp and an easy access point for
unloading fish and finished products.
However,the primary issue which must be addressed is lowering the costs of utilities.
Having the facility linked up with solar panels,wind turbines,etc.would lower the cost of
the round-the-clock power consumption required to keep the catch cold and allow the
village to realize a profit from its efforts.This would also catch cold and allow the village to
realize a profit from its efforts.This would also facilitate the community in its ability to
Page 9 of 15
Recent construction of a sewer project i t
h
e
villa
ge
hasrequireddiggingupthevillage
streets,causing damage that is not rest
orab
le
undertheconstraintsofthevillageand
water project budget.The net effect is e
x
c
e
s
s
wearanddamagetonotonlythevillage
utility vehicles such as the dump truck,utilityvehicles,fireandambulanceservices,
but to the vehicles utilized by residents it
h
e
norm
al
pursuitofpersonalorvocational
business.Excess wear and damage ha
ve
be
en
notedonthegraderusedforsnow
removal.Repair of this item requires sen
din
g
ehequipme
nt
outofthevillageonalanding
craft at a considerable expense for repai
r.
In
di
vi
du
al
residentscanonlyaffordtoabsorb
their own personal losses.
There was a planned airport constructio
n
p
r
o
je
ct
inOuzinkiein2008;theprojecthas
provided the opportunity for tremendous forsmalllocalprojectsthatwould
othen/vise not be practical from a constr
uction
mobili
zation
standpoint.ThroughoutAlaska,
agencies and communities look for thes
e
c
o
o
p
e
r
a
ti
n
g
projectopportunities.Ouzinkie
understands this is an opportunity to foc
us
the
ir
efforts.
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AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 25 of 344
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1 miles from the village),ferry dock (located 3 miles f
r
thevillage),evacuationtohigh
ground in the event of a tsunami.We have no store,ac
ce
ss
todailyplanes,theboat
harbor and ferry dock is critical for our residents to re
ce
iv
e
grocer
ies,
fuel,andother
necessities.We have approximately five (5)miles of ofAlaskaroadandtwo(2)miles
of residential roads in Port Lions,but the State Road neve
r
beenresurfaced(even
though unpaved roads are usually resurfaced every yearsonaverage).
Driving conditions have become hazardous in area d
u
e
tolackofguardrailings,bare
surface,washed out culverts,and damaged signage.CityofPortLionsdoesnothave
funding to support a project that would resurface the mil
es
ofStateRoadinourvillage.
We struggle to perform regular maintenance on the t (2)milesofresidentialroutesthat
we own.This project would ensure community memb
er’s
safetraveltoandfromwork,
school,or during an emergency mass evacuation.
The funds we receive from the SOA in “revenue shari
ng”
(
Co
mm
unit
y
AssistanceProgram)
have steadily decreased for many years whiles,at th
e
s
a
time,theAlaskaMunicipal
League Joint Insurance Association has continually r
a
i
s
e
ourpremiums.Theresultisthat
over half of our revenue sharing funds now go to pay
ing
forourannualinsurance.The
remainder is split between supporting our Library,ou
r
p
u
b
l
i
c
safetyprogram,andour
streets and roads department.
26.The City of Port Lions Equipment Fleet
$65,000.00
The City of Port Lions operates an aging fleet of thatincludesasmallmotor
grader,a small backhoe,and a small bulldozer.alsoowna2013frontendloader,
excavator,garbage truck,and shop truck.
All of the aging equipment is in very poor conditi
on.
Thepublicworkscrewspendsa
number of hours each year working to keep the
m
r
u
n
ni
n
g.
We own and operate a State of Alaska permittedl
a
n
d
fi
ll
.
Inordertostayincompliancewith
the permit,we must regularly move and cover r
e
f
u
s
e
.
Wealsomustregularlymoveash
from our landfill burn box.These activities requir
e
th
e
useofasmall,reliablebulldozer.Our
current bulldozer does not start without pouring inthestarter,thedoordoesnot
close,and the floor is rotting (we have attached pi
ec
e
ofplywoodovertheholeforsafety
purposes).
With funding,we would work to procure used or pricedheavyequipmenttofulfill
our community’s needs.
27.Heating and Insul
ation
Instal
lation
fortheCityofPortLionsFireStation
$35,000.00
The City of Port Lion
s
fi
r
e
statio
n
housesthefiretruckandvolunteerfiredepartment
equipment.The fire tr
u
c
k
baydoesnothaveadequateinsulationorheatingforwinter
weather conditions.P
ro
lo
n
g
e
d
coldtemperaturescreatefreezingconditionswithinthe
building which can cau
se
th
e
waterinsidethefiretrucktofreeze.Duringwintermonths,we
do not fill the firetruck wat
er,
rathertheVolunteerFireDepartmenthasbeentrainedto
use hydrants and hoses i
n
s
t
e
a
d
.
Kodia
k
I
s
l
a
n
d
Boroug
h,
AlaskaResolutionNo.FY2024-27
Pacle11of15
479
482483484485
503
506507508509
493
496497498
467
470471472
473
476477478
487
490
499 491 455
AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 27 of 344
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30.The City of Port Lio
ns
Y
ou
th
ActivityProgram
$20,000.00
Port Lions has identified a forsaferegularlyscheduledeventsandactivitiesforthe
youth of our community.co
m
mu
nit
y
hasshownandprovedthatsuccessshortly
follows graduates of all ag
es
ofourpreschool,kindergarten,elementary,middleschool,
and high school levels.W
e
a
r
e
seeki
ng
fundingtoinstillayouthactivityprogramin
partnership with popular l entit
ies
thatwillenableouryouthtoflourish.Indoorand
outdoor winter and summ
er
ac
ti
vi
ti
es
aswellasactivitiesreflectingtheschooldistricts
calendar will be our base
31.The City of Port Lio
ns
Ha
rb
or
Building
$250,000.00
The City of Port Lions ha
s
i
d
e
n
ti
fi
e
d
aneedtodemolishandreplacethePortLionsharbor
building.The building is repairandthecosttorepairitnearsthecosttoreplaceit.
The harbor building is im
po
rta
nt
toourcommunityasweareastrongandpopularfishing
community.We hope to b
e
n
e
f
i
t
andsupportourfishingcommunitybyprovidingaspacefor
our harbor master to she
lter
andcompletetheirworkwhilecaringforthefacility.Fishing
vessels would also be all
ow
ed
aspaciou
s
drystoragelockerfortheirequipmentandcareer
needs.
32.The City of Lion
s
EnergyIndependence
$250,000.
00TheCityof Port swoul
d
liketocreateenergyindependenceforourcommunity.Asa
part of the Kodi
ak
El
ec
tri
c
Associatio
n
Coop,wearealreadypartofanenergyefficient,
renewable energ
y
el
ec
tri
ci
ty
grid.However,weareconcernedabouttherisingcostof
heating oil for ou
r
respeciallyourelders.
33.The City o
f
P
o
rt
LionsAirportExpansionProject
$25,
000,
000.00
The DOT &PF FAAhaveidentifiedmultiplefunction,operationalandsafetyneedsat
the Port Lions throug
h
previousengineeringanalysisandscopingefforts.The
purpose of the istoprovidesafetyimprovementstothePortLionsAirportand
Buildin
g
o
n
com
muni
ty
energyplanningthatbeganin2014,andusingUSDepartmentof
Energy thatareavailabletofederallyrecognizedTribes,weproposeatotalbudget
of appr
oxim
ately
$250,000toaccomplishthisplanningeffort.
We wo
uld
begratef
ul
foranysupportfromourpartnerstoensurestateandfederalfunding
is alloca
ted
tokeepin
g
importantruralAlaskanwaterandsewerprojectssuchasours
moving asquicklyaspossible.
We wo
uld
liketopartnerwiththeNativeVillageofPortLionsandtheStateofAlaskato
leverag
e
re
s
o
ur
c
es
thatwillhelpuscompleteacomprehensivecommunityenergyplan(with
audit a
n
d
/
o
r
feasi
bility
study).
Kodia
k
I
s
l
Boroug
h,
AlaskaResolutionNo.FY2024-27
Page13of15
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598599600601602 604605606607 640641642609638AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 30 of 344
among residents and v
is
it
o
r
s
forcommutin
g
andrecreationaluse,andarecreationaltrail
that follows a nearby cr
e
e
k.
A separated five-foot-
wide
ped
estr
ian
gravelpathwaywillbeconstructedalongtwo
residential roads leadin
g
toanelement
ary
school.Aseparatedpedestrianpathway
addresses the risk for interactions,particularlywhenroadsaresnow
and/or ice laden,by co
nst
ruc
tin
g
agravelpathwayoutsideoftheroadway.Thedangerous
walking conditions duri
ng
wi
nt
er
havenecessitatedahazardousbusrouteforstudents
living within one mile ofscho
ol,
providedbytheKodiakIslandBoroughSchoolDistrict.
ADOPT
ED
BYTHEPLANNINGANDZONINGCOMMISSIONOFTHEKODIAKISLAND
BOROUGH
THISSeptember20,2023
Kodia
k
I
s
l
Boroug
h,
AlaskaResolutionNo.FY2024-27
Page15of15
652
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B
ro
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n
Currie,PermitTechnician
ISLAN
D
BOROUGH
645
648649650651
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Alan Sc
h
mi
tt,
Chair
643
AGENDA ITEM #2.a.Discuss Resolution No. FY2024-11 Adopting A State Legislative Capital Im...Page 31 of 344
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AGENDA ITEM #2.a.
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CITY OF KODIAK
RESOLUTION NUMBER 2023-07
A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AMENDING
RESOLUTION NO. 2023-05 ADOPTING THE FEDERAL FISCAL YEAR 2024 SUP-
PORTED FEDERAL ISSUES LIST AND FISCAL YEAR 2024 FEDERAL CAPITAL LIST
WHEREAS, the City of Kodiak uses a Capital Improvements Program planning process to
identify the capital needs of the community; and
WHEREAS, this identification and planning process plays a vital role in directing the
City's administration and is utilized as a long-range planning and policy setting tool for City in-
frastructure maintenance and enhancement; and
WHEREAS, the City of Kodiak is committed to paying its way, to the greatest extent pos-
sible, but the cost of some of the City's capital project needs are greater than resources available
locally; and
WHEREAS, Kodiak City Council has identified capital project needs for submission to the
Alaska Congressional Delegation for funding consideration due to their significance and/or mag-
nitude; and
WHEREAS, changes may be required as to how capital funding contributions for smaller
communities like Kodiak, Alaska can be made at the Federal level; and
WHEREAS, the City of Kodiak faces several issues generated by Federal legislation or
rulemaking that are of importance to the City of Kodiak, Alaska, and which may adversely impact
life in Kodiak by placing undue burdens on those who work and live in the community.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kod iak , Alaska,
that the following projects and issues are high priorities for the community and are hereby adopted
as the City of Kodiak Federal Fiscal Year 2024 supported federal issues list and Federal Fiscal
Year 2024 prioritized federal capital projects list:
FFY 2024 City of Kodiak Prioritized Federal Capital Proiects List
1. St. Herman Harbor Infrastructure Replacement. (Phase I & II)
(Phase III & IV)
$16,000,000
$40,000,000
St. Herman Harbor (SHH) was built by the State of Alaska in 1982 and has been a vital facility
for Kodiak's large and diverse commercial fishing fleet for over 40 years. The State of Alaska
turned over all state owned facilities in St. Herman Harbor to the City of Kodiak in 1999. The
facility provides safe moorage for more than 400 vessels from all over Alaska and the West
Coast. With the exception of a few minor upgrades over the years, the original float system is
beyond its useful life and is in need of replacement.
Resolution No. 2023-07
Page 1 of4
AGENDA ITEM #2.a.
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Page 36 of 344
The proposed project would result in the reconstruction of St. Herman Harbor with the replace-
ment of most of its float system in four phases. Currently, the harbor has been losing one dock
per year due to aging and the saltwater elements. A dock loss results in 2 vessel berths along
with the revenue generated for the harbor. This rate of failure is likely to increase in future
years as the existing docks further deteriorate. The latest inspection report shows many por-
tions of the facility are in very poor condition. The forty-year old float systems suffer from
failing concrete, rotting waters and bullrails, and an outdated electrical system. These floats
contain electrical pedestals, fire suppression water lines, safety ladders and supply potable wa-
ter.
In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman Harbor
Planning and Scoping Report that includes concept harbor layouts, cost estimates and con-
struction phasing recommendations. The City is requesting $16,000,000 to complete the first
two phases. Phases III & IV estimated project development cost is approximately $40,000,000.
Modernizing and expanding our port infrastructure is critical to remaining competitive in main-
taining our status as an important commercial fishing community. Waterfront facilities and
marine infrastructure are a critical element to the City of Kodiak and the State of Alaska, sup-
porting a large portion of the City's commerce, industry, transportation, and recreational needs.
2. Waste Water Treatment Plant Facility $1,900,000
The City of Kodiak Treatment Plant operates under an Alaska Department of Environmental
Conservation (ADEC) APDES permit.The first phase of a larger project to upgrade the City of
Kodiak Waste Water Treatment Plant was to evaluate the facility for immediate system needs.
The last major maintenance upgrade to the facility was in 1999. The condition and evaluation
assessment included all major components within the plant interior and exterior, the out-build-
ings and three aeration basins; including all mechanical equipment needs. Alaska Pollutant
Discharge Elimination System (APDES) permitting requirements were included during this
assessment. Included in the facility rebuild assessment is the supervisory control and data ac-
quisition (SCADA) system to interface with the 34 sewer lift station pumps and waste treat-
ment at the facility. This facility with its labyrinth of connecting sewer lines, directly serves
2667 City of Kodiak and Kodiak Borough households including commercial businesses. The
Treatment Plant also serves the U.S. Kodiak Coast Guard Base and the Pacific Spaceport Com-
plex indirectly with our certified laboratory testing and waste disposal; not to mention NOAA
vessels, the Alaska Marine Highway vessels and the expanding cruise ship industry stopovers
in our Kodiak Harbors.
The City of Kodiak is requesting Federal funding in the amount of $ l .9M to begin design
efforts leading to the construction of this critical infrastructure Waste Water Treatment Plant
project that will support the wastewater needs of the community for the next twenty years.
3. New Fire Department Emergency Response Vehicle
Resolution No. 2023-07
Pagel of 4
$2,350,000
AGENDA ITEM #2.a.
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Page 37 of 344
The City of Kodiak has an important request to replace a critical need fire suppression vehicle,
the city's lone ladder truck. The current vehicle is twenty-three years old and the industry
standard requirements subject this aging ladder truck to complete inspection each year to cer-
tify its continued use. This requires a U .L. certified inspection causing the city to prioritize
limited funding each year. The age of the apparatus also corresponds to in creased maintenance
needs. Some of the systems built-in to the apparatus are no longer supported causing increased
difficulty and cost to maintain the apparatus in a 'ready' state.
The primary purpose of this I 05 · foot ladder truck is used for fire suppression of the shoreside
seafood processor plants which have vehicle access from the upland side. The need to reach
out over the buildings or any other multi-level buildings provides critical suppression and res-
cue capabilities when many lives are at risk. This unique vehicle also serves as the high-angle
rope rescue platform for emergency calls over vertical terrain.
4. Transportation Infrastructure Projects
• Mill Bay Road Rehabilitation -
$3,750,000
$2,000,000
Bristol Engineering Services Company LLC has completed the City of Kodiak's Long
Range Transportation Plan. Mill Bay Road is the city's top priority. This project would
remove and replace existing 4-inch asphalt pavement from the intersection of Upper Mill
Bay Road to Benny Benson Drive (approximately 1.4 miles or 7400' in length). Paved
width is 34 feet wide. This primary arterial city road provides access to schools, medical
services, food and goods supplies, and many other support businesses. The average daily
traffic volume is 7,680 vehicles per day.
• Mission Road Rehabilitation -$1,750,000
Mission Road is identified as another high priority road in the city. Perhaps one of the
earliest built road in Kodiak's history and a clear public priority. The pavement and under-
ground utilities is among the worst of the roads in the city. Reconstruct with modification
to create a one-way road section (including complete replacement of the road bed to a depth
of at .least 3 feet) beginning at Erskine St and ending at intersection of Ismallov and
12th (approximately 0.5 miles or 2600' in length). Project would include new 6-foot wide
sidewalk located on the uphill side of the street, drainage (presently there is no storm drain-
age infrastructure the entire length) and lighting improvements to tie into existing facilities
at both termini. Bed rock should be anticipated on the uphill side of the road. Additional
utility work anticipated by the City is replacement of 1956-era water and sanitary sewer
mainlines ( and service reconnects) for the entire length. This work scope would be accom-
plished concurrent with the other work but the cost is not included in this estimate. This
urban major collector, experiences 1,610 to 2,330 vehicles per day.
FY 2024 City of Kodiak Supported Federal Issues:
Resolution No. 2023-07
Page3 of4
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• Authorization & appropriation for a General Investigation Study with the USACE for
future development of a deep-water turning basin and additional pier space in the Ko-
diak vicinity
• Defense Community Infrastructure Program for USCG communities
• Immigration Office in Kodiak
• Kodiak Fisheries Disaster -Local Government Fish Tax Reimbursement
ATTEST:
CITY
Resolution No. 2023-07
Page 4 of 4
CITY OF KODIAK
MAYOR
Adopted: March 23, 2023
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CITY OF OUZINKIE
CAPITAL IMPROVEMENT PROJECT LIST
FY 2024-2028
1. Ouzinkie Municipal All-Purpose Complex $4,807,50
The Ouzinkie City Offices have been housed, for decades, in an old BIA territorial school
that is home to hundreds of bats, old lead paint, and an electrical and plumbing system
that needs rigorous upgrading. The City Office Building consists of: offices, a conference
room and meeting area, maintenance equipment rooms, supply rooms and a small
apartment. We estimate that it would be less expensive to build from the ground up.
Each year the community faces various emergencies like: earthquakes generating
tsunami warnings and evacuations; winter storms that knock out power, downpours
resulting in water facility breakdown to winter ice and summer potholes wrecking
equipment. New situations such as the pandemic we are in bringing to the fore the lack
of a physical location for locals seeking care, isolation and resources. This building with
its own generator for power, would have storage of water, food and sleeping areas and
would serve as a command center for the whole community and the surrounding areas
on Spruce Island. Being placed at or above the 100-foot inundation zone would be for
the safety of the community, building, equipment, and employees. It would also ensure
that the community would have a post emergency safe haven.
The complex would enhance basic operations. Emergency management addresses
extreme events, across all hazards and through the phases of mitigation, preparedness,
response, and recovery. A place for our heavy equipment, fire engine, ambulance etc.
would also be housed up in this area above the 100’ mark to ensure that all this equipment
would be available for post emergencies.
There would be several areas along with offices and a conference/meeting room that
could house other much needed facilities for the community. A Teen and Youth Center,
one or two studio apartments, a Rural Training Center and an entrance or outdoor area
that would pay proper tribute to our men in uniform for their dedicated service to our
country is something that is valued by our community. A memorial would be a welcome
addition in recognition of their bravery, selflessness and commitment to the defense of
our nation.
A Teen and Youth Center where Ouzinkie’s youth would have a fun and safe place to
socialize, exercise and have positive interaction with peers and adults affiliated with the
center. The Center could build strong character and realize our youth’s development,
healthy living and social responsibility. The mission would be to provide a safe,
enjoyable environment where teenagers can engage in beneficial educational, and leisure-
time activities.
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Part of the building could also be used as a Rural Training Center with the conference
and meeting room serving a dual purpose as training and meeting rooms. Having a
designated area for classes would broaden the opportunities available for both agency
programs and actual opportunities for residents that have employment skill needs that
are currently unmet. The intent would be to keep the scale of operation flexible and small
in size so as to be able to adapt to changing vocation skill needs as well as providing
focused individual instruction.
♦ Phase One-Design: $550,000
This would include design of the building which would include but not be limited
to the administrative offices, meeting and conference area/training areas, library,
apartments, supply and maintenance/parts area.
♦ Phase Two-Construction: $4,257,500
Moving of the office into temporary quarters. The City of Ouzinkie has a lot where
a temporary office trailer could go while this construction is underway.
It is believed that if construction starts in the early spring, then by late fall the
project would be completed. This phase would also include site preparation and
construction.
2. Electrical Distribution System $2,500,000
Age and exposure to salt-water atmosphere have revealed that all of the transformers on
Ouzinkie’s electric distribution system have rusted out. When the lids rust thru, water
gets into the transformer causing extreme loads, short circuits and the potential, (due to
buildup of gas pressure), of explosion with consequences to individuals and property in
the vicinity. It is expected that this preventive renovation will reveal other situations
such as individual poles that need replacement and rerouting of transmission lines. A
highly critical and significant section of Ouzinkie’s power is connected to the
hydroelectric plant. This connection is by direct burial concentric neutral 7,200-volt
power lines. This quality of cable as it was installed has been estimated by Jim Develin,
KEA’s Electrical Engineer to have exceeded its normal expected life, and is subject to
failure any day. The western section of town is serviced by the same type cable and there
is no possibility of delivering power to these residents, temporary or otherwise when this
failure occurs.
It is desired that this project be engineered and project managed thru The Alaska Energy
Authority.
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3. Renewable Energy Projects
A. Alternative Energy Wind Generation $2,500,000
Ouzinkie has utilized alternative energy with the use of hydro power for 20 years. This
has worked well for the community, and has resulted in a large saving of fuel vs. diesel
generation. The community wishes to enhance this component of our generation facilities
with the addition of wind power. Spruce Island is located in an area with high potential
for wind generation. The project is expected to take four phases to be incorporated into
the present grid.
Construction Phases
Phase One: Analyze the two years of wind data collected in the process of site
investigation for the new airport. Expected expenses $10,000
Phase Two: Construct a site-specific data collection wind tower for sizing of wind
generation tower and generator. An engineering feasibility study to the applicable
aspects of connecting solar to the present system. Running in tandem with diesel and
hydro-electric. Expected expense $100,000
Phase Three: Construct and install generator and tower of estimated size of 200 KW.
Expected expense $2,090,000
Phase Four: Install power control equipment to integrate equipment into the present
grid utilizing the hydro/diesel combination of generation.
Expected expense $100,000
Phase Five: Design and engineering, installation of SCADA computer controls and
programmable logic controllers. Expected expense $200,000
The creation of green alternative energy is an increasingly promising solution to multiple
challenges. Sustainable business and energy independence are keys to our economic
revitalization. Solar could be part of the answer to affordable power for housing and
business that will help offset the cost of electricity by diesel powered generators.
B. Alternative Energy Solar Panels $1,750,000
Ouzinkie has an ideal area at the old Ouzinkie Airport for development of a solar farm
that would power much of the energy needs of the community. With the need to cut our
dependence on diesel fuel the community is looking at various alternative energy
projects. Having a hydroelectric system has helped with the consumption of diesel,
additional alternative energy working in tandem with the hydro would make Ouzinkie
completely independent of diesel.
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The tremendous growth in the U.S. solar industry is helping to pave the way to a cleaner,
more sustainable energy future. Over the past few years, the cost of a solar energy system
has dropped significantly -- helping to give more families and businesses access to
affordable, clean energy.
When converted to thermal energy, solar energy can be used to heat water for use in
homes and buildings; to heat spaces inside homes, greenhouses, and other buildings.
Solar energy can be converted to electricity by Photovoltaic (PV devices or solar cells).
Solar cells change sunlight directly into electricity. Individual PV cells are grouped into
panels and arrays of panels that can be used in a wide variety of systems that power
single homes, to power plants.
4. Landfill Storage Facility $60,000
Landfills are excavated or engineered sites where non-liquid hazardous waste is
deposited for final disposal and covered. The construction of a Storage Facility here is
intended to protect human health and the environment from the risks posed by waste.
The containment building will be 60’ x 80’ completely enclosed, self-supporting structure
(i.e., have four walls, a roof, and a floor) used to store or treat non-containerized
hazardous waste. Since landfills are permanent disposal sites and are closed with waste
in place installing such a structure will enhance health and safety for operators
maintaining the islands dump station. The fabrication of covered storage will extend the
life of this landfill a benefit for our limited island area.
5. Equipment Replacement $1,100,000
The city’s equipment is aging out and needs to be replaced. Heavy equipment has been
compromised due to being open to the salt air and other elements. A storage building
for housing heavy equipment for both the Native Village of Ouzinkie and the City of
Ouzinkie has been funded and is in its initial stages.
1. Fork Lift $250,000
2. Dump Truck $200,000
3. Caterpillar Excavator 320 $300,000
4. Sewage Pumping Truck $200,000
5. Backhoe/Loader $150,000
6. Municipal Port Facility Upgrades
A. Zinc Replacement for Harbor and Dock $50,000
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The Ouzinkie Boat Harbor was competed in 2001 and the dock was completed in 2012
and the zinc anodes on the metal pilings and dock face are in need of replacement due to
electrolysis. Cathodic protection is a technique used to control the corrosion of metal
surface. The simplest method to apply cathodic protection is by connecting the metal to
be protected with another more easily corroded metal to act as the anode. Zinc is one of
the metals commonly used as anodes. Due to the zincs being welded on means that
divers will have to replace these zincs on both the harbor and dock.
B. Electrical Upgrade and Water to Boat Harbor $50,000
The Ouzinkie Boat Harbor, when it was built, was designed with very limited electrical
outlets. One group of 4 plug-ins at the end of each float. Our harbor is full and the need
for electricity by the vessels has outgrown what is available. An upgrade to existing
meter bases and additional bases to be put in at intervals along the three fingers to get rid
of the multitude of electrical cords being used by individual users.
The Harbor also does not have access to any fresh water. The installation of water lines
to the three floats would eliminate the need to haul water from the central part of town.
Fresh water would allow for local access for the boats and skiffs that moor at the Harbor
and for transients that are overnighting and traveling through to other destinations and
fishing grounds.
C. Access Ramp at Harbor
Engineering $1,500,000
Engineering will provide background and engineering design guidance for the Boat
Harbor Vehicle Access Ramp. The study will address the needs of the project,
identification and evaluation of available data that can be used to describe environmental
(earth, water and weather) conditions affect the land above the harbor, and develop a
detailed design and construction cost estimate based on the environmental concerns.
Construction $1,500,000
Ouzinkie has a boat harbor breakwater for the protection of marine vessels and skiffs in
the harbor area. Use of this facility has restrictions for commercial fishermen, skiff
owners, and tourism vessels. Currently, access is restricted to a narrow gravel road from
Spruce Street that goes down a hill to a narrow 10’ x 3’ wooden ramp that accesses the
harbor grated walkway ramp. It does not allow for skiff to car/4-wheeler loading access.
You have to unload your freight from your boat by hand, into carts, hand cart the freight
up the grated ramp, up the wooden ramp, up a one lane S shaped gravel route to your
vehicle. A vehicle accessible ramp would allow for skiff to car unloading.
Handicap/Elder accessibility is almost non-existent.
D. Fish Cleaning Station $50,000
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Stainless steel will not rust or corrode, making them ideal for coastal use: the cleaning
station design is for unsupervised operation in publicly accessible areas. It could
accommodate multiple users at a time and can be integrated with water. Water access can
be done with one-inch HTP pipe running across access ramp with hose bib on end. The
disposal of fish waste will benefit Spruce Island Farms our food project which composts
for rich soil. The fish cleaning station will have signs that list the rules and regulations for
use.
E. Public Restrooms $170,000
For comfort and convenience of community members and visitors to the village we
would like to install a concrete slab enclosed restroom facility at the Ouzinkie Boat
Harbor and at the new Municipal Dock. Currently the closest public facilities for the boat
harbor are half a mile away; at the Tribal Cultural Center. There is a septic station at the
start of the harbor road, it would not take much effort to construct and install such a
facility.
With Ouzinkie now being on the Alaska Marine Highway System people are waiting at
the dock area where there are no restroom facilities available. This could be incorporated
with a shelter for protection against inclement weather while waiting for the ferry. As
part of the economic development of the municipal dock this public restroom facility
would enhance the other projects that are planned for future development.
7. Community Road’s Upgrade - Construction $3,275,000
The City of Ouzinkie has not had available, since original construction in the 1970’s,
material for maintenance and repair of the village roads. Road improvements would
include road shaping and crowning, drainage and culvert improvements, chip seal
surfacing and dust control. The road improvements would improve vehicle and
pedestrian safety and eliminate destructive potholes.
Recent construction of a sewer project in the village has required digging up the village
streets, causing damage that is not restorable under the constraints of the village sewer
and water project budget. The net effect is excess wear and damage to not only the village
utility vehicles such as the dump truck, electric utility vehicles, fire and ambulance
services, but to the vehicles utilized by residents in the normal pursuit of personal or
vocational business. Excess wear and damage have been noted on the grader used for
snow removal. Repair of this item requires sending the equipment out of the village on a
landing craft at considerable expense for repair. Individual residents can only afford to
absorb their own personal losses.
There was a planned airport construction project in Ouzinkie in 2008; the project has
provided the opportunity for tremendous cost-savings for small local projects that would
otherwise not be practical from a construction mobilization standpoint. Throughout
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Alaska, agencies and communities look for these cooperating project opportunities.
Ouzinkie understands this is an opportunity to focus their efforts.
8. Alaska Marine Highway - Tustumena Replacement
Replacing the troubled Tustumena ferry, which was out of commission for nearly a year,
is the top priority of both the Marine Transportation Advisory Board, and the coastal
communities that the M/V Tustumena serves.
The M/V Tustumena provides year-round service to Kodiak area, and journeys to the
Aleutian chain ten times each year, providing a critical transportation and tourism link
that affects the economies of each community served by this vessel. The ferry is also a
critical piece of infrastructure necessary for the viability of economic development in
rural coastal communities in the Gulf of Alaska. Recent vessel aging problems and repair
delays are well documented and have created significant, recurring service disruptions
and outages in the region. The M/V Tustumena is at the top of the queue in the AMHS
Vessel Replacement Fund, and the legislature appropriated $10 million from this fund in
2013 for the design of a new ocean-going vessel to replace the M/V Tustumena.
The Alaska Department of Transportation and Public Facilities has begun the design
process and estimates that it will take 18 months to complete with construction of the
new vessel costing as much as $210 million; since it will take another two to three years
to construct the new vessel and ready it for service, it is imperative to develop and
implement a strategy to ensure construction funding is in place by 2015 to allow an
immediate start of vessel construction.
9. Anton Larsen Bay Road Extension $8,000,000
Year around boat access to the Anton Larsen Bay Road has public safety and emergency
preparedness components as well as recreational and economic efficiency/development
elements. The prevailing Kodiak weather pattern, especially in the winter, is from the
North East. This pattern often brings fog, rain, wind and large seas. During N.E. “blows”
vessels often cannot travel to Kodiak via Spruce Cape and frequently smaller bush
airplanes, and sometimes the U.S. Coast Guard, cannot fly to small communities like
Ouzinkie, Port Lions, Afognak Island Russian Village, Danger Bay Logging settlement,
and numerous, hunting, sport fishing, and commercial fishing camps and recreation and
cultural development sites. However, access to Kodiak is possible by boat via Anton
Larsen Bay as the route lies in the lea of the N.E. winds. Nevertheless, access to Anton
Larsen Bay is stopped during most of January, February, March and sometimes April due
to Anton Larsen Bay freezing over. Year-around Anton Larsen Bay Road salt water
access would give residents of Ouzinkie, Port Lions as well as the whole west side of
Kodiak Island access to Kodiak for emergencies during bad N.E. weather and give
Kodiak residents access to the west side of Kodiak Island. In addition, the route is closer
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to these communities and Kodiak residents would use the extended “year around” road
access to increase economic and recreational opportunities during the winter.
10. Public Facilities Development
A. Boardwalk Repair/Replacement $100,000
Ouzinkie’s wooden boardwalk is an identifying feature of the community and provides
for a scenic stroll along our coastline. Unfortunately, City budget constraints have not
allowed for proper routine maintenance and our boardwalk is in desperate need of
extensive repairs or a complete replacement. Ouzinkie residents frequently travel the
boardwalk to get from one end of the community to the other and it is a highlight of our
village tour. Ensuring its continued presence in our community is a priority for many
Ouzinkie residents.
B. Community Development $200,000
The City of Ouzinkie has many trails and recreational spots that have been in existence
for time immemorial and should be taken care of especially that Ouzinkie is working on
drawing tourism to the village. Scenic outlook viewing shelters, fire pits, benches,
outdoor toilet facilities, trail maintenance, small bridges, and camping facilities would
contribute to the development of this tourism and economic development. In keeping
with tourism, a water-front area of shops downtown would be an attraction to tourists
where they could buy from local artists.
The community needs an outdoor recreation site. A place where activities such as
baseball, volleyball, basketball, tennis, track, etc. can be conducted. The facility could
also include a camping and barbecue area for outdoor community events and tourist
events.
C. Upgrade to Freezer Building/Fish Processing Facility $350,000
The existence of our community’s freezer building/fish processing facility represents a
great deal of opportunity and un-utilized potential. The primary reason for its non-
operational status is that the cost of operation is too high and the village cannot afford its
associated costs. Some modifications are required to update the facility and maximize its
job-creating and income-earning potential, such as a ramp and an easy access point for
unloading fish and finished products.
However, the primary issue which must be addressed is lowering the costs of utilities.
Having the facility linked up with solar panels, wind turbines, etc. would lower the cost
of the round-the-clock power consumption required to keep the catch cold and allow the
village to realize a profit from its efforts. This would also facilitate the community in its
ability to “brand” itself, selling an array of top-quality, locally caught fish to a wide range
of consumers.
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KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 28, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Discussion Of KFRC Saltwater Disinfection System Funding And Authorization
To Proceed With A Request For Proposal
ORIGINATOR: Dave Conrad, E&F Director/Admin Official
RECOMMENDATION:
Direct the Manager to proceed with completing the Request for Proposal for the APDES
Discharge Permit AK0062282. Discuss the cost associated with the permit and operational
cost of the facility.
DISCUSSION:
The Kodiak Island Borough has recently received from the Alaska Department of
Environmental Conservation (ADEC) an Alaska Pollutant Discharge Elimination System
(APDES) individual permit. The permit is required for the discharge of seawater that is
circulated through the facility to support the basic function of this facility to research various
marine species, primarily crab research. There is no record of an Environmental Protection
Agency (EPA) issued permit on record. The attached information has been provided for the
assembly to evaluate and provided direction to the staff regarding funding the project.
ALTERNATIVES:
Do not fund the installation of the upgraded disinfection system.
FISCAL IMPACT:
OTHER INFORMATION:
See distributed memo regarding progression of project research.
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Department of Environmental
Conservation
DIVISION OF WATER Anchorage
555 Cordova Street
Anchorage, AK 99501
Main: 907.269.6285
Fax: 907.334.2415
www.dec.alaska.gov
November 30, 2023
Kodiak Island Borough
Kodiak Fisheries Research Center
710 Mill Bay Road
Kodiak, AK 99615
Attn: Mr. Dave Conrad
Re: Alaska Pollutant Discharge Elimination System (APDES) Permit Number AK0062282,
Kodiak Island Borough, Kodiak Fisheries Research Center, Final Permit
Dear Mr. Conrad,
This letter serves to notify the Kodiak Island Borough that the Alaska Department of
Environmental Conservation issued the above referenced permit for the Kodiak Fisheries
Research Center on November 30, 2023, to reflect a five-year permit period. The permit will be
effective January 1, 2024, and will expire at midnight, December 31, 2028. You can begin
operations under the new permit on January 1, 2024.
State regulations at 18 AAC 83.020(a) require that an APDES permit be effective for a fixed
term not to exceed five years. The requirement to reapply for permit reissuance is on or before
July 5, 2028, 180 days before the expiration of the above referenced permit.
Please retain this letter for your records. Should you have questions regarding this letter, please
do not hesitate to contact me. I can be reached by phone at (907) 269 -7580 or email at
gene.mccabe@alaska.gov. If you have technical questions regarding your permit, please contact
Amber Bennett at (907) 451-2190 or email at amber.bennett@alaska.gov.
Sincerely,
Gene McCabe
Program Manager
Enclosure: Permit No. AK0062282
Fact Sheet
Response to Comments
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ALASKA POLLUTANT DISCHARGE ELIMINATION SYSTEM
INDIVIDUAL PERMIT – FINAL
Permit Number: AK0062282
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Wastewater Discharge Authorization Program
555 Cordova Street
Anchorage, AK 99501
In compliance with the provisions of the Clean Water Act (CWA), 33 U.S.C. §1251 et seq., as amended by the
Water Quality Act of 1987, P.L. 100-4, this permit is issued under provisions of Alaska Statutes (AS) 46.03; the
Alaska Administrative Code (AAC) as amended; and other applicable State laws and regulations. The
KODIAK ISLAND BOROUGH
is authorized to discharge from the Kodiak Fisheries Research Center at 301 Research Ct., Kodiak, Alaska at the
following location:
Outfall Receiving Water or Body Latitude Longitude
001A Trident Basin 57.782219 North 152.392981 West
In accordance with the discharge points effluent limitations, monitoring requirements, and other conditions set
forth herein:
This permit and authorization shall become effective January 1, 2024
This permit and the authorization to discharge shall expire at midnight, December 31, 2028
The permittee shall reapply for a permit reissuance on or before July 5, 2028, 180 days before the expiration of
this permit if the permittee intends to continue operations and discharges at the facility beyond the term of this
permit.
The permittee shall post or maintain a copy of this permit to discharge at the facility and make it available to the
public, employees, and subcontractors at the facility.
November 30, 2023
Signature Date
Gene McCabe Program Manager
Printed Name Title
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Permit No. AK0062282
Page 2 of 11
TABLE OF CONTENTS
SCHEDULE OF SUBMISSIONS ........................................................................................................3
1.0 LIMITATIONS AND MONITORING REQUIREMENTS ......................................................4
1.1 Discharge Authorization ........................................................................................................4
1.2 Effluent Limits and Monitoring .............................................................................................4
1.3 Mixing Zone..........................................................................................................................6
1.4 Additional Monitoring ...........................................................................................................6
2.0 SPECIAL CONDITIONS ............................................................................................................6
2.1 Quality Assurance Project Plan..............................................................................................6
2.2 Best Management Practices Plan ...........................................................................................7
2.3 Schedule of Compliance ........................................................................................................9
2.4 Electronic Reporting (E-Reporting) Rule ............................................................................. 11
LIST OF TABLES
Table 1: Schedule of Submissions ...................................................................................................................... 3
Table 2: Outfall 001A Effluent Limits and Monitoring Requirements ................................................................ 5
Table 3: Interim Total Residual Chlorine Effluent Limits ................................................................................ 10
Table 4: Tasks Required Under the Schedule of Compliance ........................................................................... 10
LIST OF APPENDICES
Appendix A – Standard Conditions ................................................................................................... A-1
Appendix B – Acronyms .................................................................................................................. B-1
Appendix C – Definitions ................................................................................................................. C-1
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Permit No. AK0062282
Page 3 of 11
SCHEDULE OF SUBMISSIONS
The Schedule of Submissions summarizes some of the required submissions and activities the permittee must
complete and/or submit to the Alaska Department of Environmental Conservation (DEC or the Department)
during the term of this permit. The permittee is responsible for all submissions and activities even if they are not
summarized below.
Table 1: Schedule of Submissions
Permit Part Submittal or
Completion Frequency Due Date Submit toa
2.4,
Appendix A, 3.2
Discharge Monitoring
Report (DMR) Monthly
Must be submitted electronically
through the eDMR system, on or
before the 15th day of the following
month
NetDMR
1.4
Effluent sample
analysis: Priority
Pollutant Scan
1/permit cycle
Submitted 180 days prior to the
expiration of the final permit with
the permit reissuance application
Permitting
2.3 Schedule of
Compliance
Annually for 2
Years After
Permit Issuance
Within 1 year of the permit effective
date permittee must submit a project
update. Within 2 years permittee
must submit a certification of project
completing and a certification of
compliance schedule completion
Compliance
Appendix A, 1.3 Application for Permit
Reissuance 1/permit cycle 180 days before expiration of the
final permit Permitting
Appendix A, 3.4 Oral notification of
noncompliance As Necessary
Within 24 hours from the time the
permittee becomes aware of the
circumstances of noncompliance
Compliance
Appendix A, 3.4 Written notification of
noncompliance As Necessary Within 5 days after the permittee
becomes aware of the circumstances Compliance
Appendix A, 3.5 Other Noncompliance
Reporting As Necessary
At the time the permittee submits
discharge monitoring reports under
Appendix A, Part 3.2
Compliance
a) See Appendix A 1.1 for addresses
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Permit No. AK0062282
Page 4 of 11
1.0 LIMITATIONS AND MONITORING REQUIREMENTS
1.1 Discharge Authorization
1.1.1 During the effective period of this permit, the permittee is authorized to discharge pollutants
from Outfall 001A specified herein to Trident Basin within the limits and subject to conditions
set forth herein. This permit authorizes discharge of only those pollutants resulting from facility
processes, waste streams, and operations clearly identified in the permit application process.
1.2 Effluent Limits and Monitoring
1.2.1 The permittee must limit and monitor discharges from Outfall 001A as specified in Table 2. All
values represent maximum effluent limits, unless otherwise indicated. The permittee must
comply with effluent limitations in the table at all times unless otherwise indicated, regardless
of monitoring frequency or reporting required by other provisions of this permit.
1.2.2 Discharge shall not cause contamination of surface or ground waters and shall not cause or
contribute to a violation of the Alaska Water Quality Standards (18 Alaska Administrative Code
(AAC) 70), except if excursions are authorized in accordance with applicable provisions in
18 AAC 70.200 – 70.240 (e.g., variance, mixing zone).
1.2.3 The permittee must not discharge any floating solids, debris, sludge, deposits, foam, scum or
other residues that cause a film, sheen, or discoloration on the surface of the receiving water or
adjoining shorelines; cause leaching of toxic or deleterious substances; or cause a sludge, solid,
or emulsion to be deposited beneath or upon the surface of the water, within the water column,
on the bottom, or upon adjoining shorelines.
1.2.4 The permittee must collect effluent samples from the effluent stream after the last treatment unit
before discharging into receiving waters.
1.2.5 For all effluent monitoring, the permittee must use a sufficiently sensitive Environmental
Protection Agency (EPA) approved test method that quantifies the pollutants to a level lower
than applicable limits or water quality standards or use the most sensit ive test method available,
per Title 40 Code of Federal Regulations (CFR) § 136 (Guidelines Establishing Test Procedures
for the Analysis of Pollutants), adopted by reference at 18 AAC 83.010(f).
1.2.6 For purposes of reporting on the discharge monitoring report (DMR) for a single sample, if a
value is less than the method detection limit (MDL), the permittee must report “less than (<)
{numeric value of MDL}” and if a value is less than the minimum level (ML) [also called a
reporting limit (RL), practical quantification limit (PQL), or limit of quantitation (LOQ)] the
permittee must report “less than (<) {numeric value of ML}.”
1.2.7 For purposes of calculating monthly averages, zero may be assigned for values less than the
MDL and the numeric value of the MDL may be assigned for values between the MDL and the
ML. If the average value is less than the MDL, the permittee must report “less than (<)
{numeric value of MDL}” and if the average value is less than the ML, the permittee must
report “less than (<) {numeric value of ML}.” If a value is equal to or greater than the ML, the
permittee must report and use the actual value.
1.2.8 Permittees have the option of taking more frequent samples than are required in the permit.
These samples must be used for averaging if they are conducted using the Department-approved
test methods (generally found in 18 AAC 70 and 40 CFR §136 [adopted by reference in
18 AAC 83.010]) and if the method detection limits are less than the effluent limits .
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Table 1: Outfall 001A Effluent Limits and Monitoring Requirements
Parameter
Effluent Limits Monitoring Requirements
Units a Daily
Minimum
Monthly
Average
Weekly
Average
Daily
Maximum
Sample
Location
Sample
Frequency
Sample
Type
Total Discharge Flow gpd N/A Report Report 110,880 Effluent 1/Week Recorded
Biochemical Oxygen
Demand (BOD5) mg/L N/A Report Report Report Effluent 1/Quarter b
24-hour
Composite c
or Grab
Total Suspended
Solids (TSS) mg/L N/A N/A N/A Report Effluent 1/Quarter
24-hour
Composite
or Grab
Total Settleable
Solids
Volume
% N/A N/A N/A Report d Effluent 1/Quarter
24-hour
Composite
or Grab
Temperature o C N/A N/A N/A Report Effluent 1/Week Grab
pH S.U. 6.5 N/A N/A 8.5 Effluent 1/Month Grab
Dissolved Oxygen
(DO) mg/L 6.0 N/A N/A 17.0 Effluent 1/Month Grab
Total Residual
Chlorine (TRC)e mg/L N/A 0.0075 N/A 0.013 Effluent 3/Week Grab
Fecal Coliform
Bacteria (FC)
FC/
100 mL N/A 14 f N/A 43 g Effluent 1/Quarter Grab
Enterococci Bacteria cfu/
100 mL N/A 35 f N/A 130 g Effluent 1/Quarter h Grab
Footnotes:
a. Units: gpd = gallons per day, mg/L = milligrams per liter, Volume % = per cent of volume, S.U. = standard units, o C = degrees
Centigrade, FC/100 mL = Fecal Coliform per 100 milliliters, and cfu/100 mL = colony forming units per 100 milliliters.
b. Once per quarter means once every three months based on the calendar year beginning with January: Jan–March, April–June, July–
Sept, and Oct–Dec.
c. See Appendix C for definition.
d. No measurable increase in concentration of settleable solids above natural conditions, as measured by the volumetric Imhoff c one
method.
e. The TRC effluent limits are not quantifiable using EPA-approved analytical methods. DEC will use the minimum level (ML) of 0.1
mg/L as the compliance evaluation level for this parameter.
f. If more than one FC or enterococci bacteria sample is collected within the reporting period, the average results must be repo rted as
the geometric mean. When calculating the geometric mean, replace all results of zero, 0, with a one, 1. The geometric mean of “n”
quantities is the “nth” root of the quantities. For example, the geometric mean of 100, 200, and 300 is (100 x 200 x 300)1/3= 181.7.
g. If fewer than ten samples are collected within a 30-day period, the effluent limit cannot be exceeded. If ten or more samples are
collected within a 30-day period, not more than 10% of the samples may exceed the effluent limit.
h. One sample shall be collected for each of two quarters defined as May-June and July-September, on the same day as a fecal
coliform bacteria sample is collected.
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1.3 Mixing Zone
1.3.1 Until such a time as the permittee achieves compliance with final total residual chlorine effluent
limits listed in Table 2 by completing the dechlorination compliance schedule in Section 2.3, and
in accordance with state regulations at 18 AAC 70.240, a mixing zone for chlorine is authorized
in Trident Basin for the discharge.
1.3.2 Size.
1.3.2.1 The following mixing zone sizes and dilution factor are authorized for the par ameters listed
in Section 1.3.1.
1.3.2.1.1 The chronic mixing zone for the Outfall 001A discharge has a dilution factor of 131.9
and is defined as centered on Outfall 001A with a length of 254.4 meters and a
maximum width of 7.0 meters. The shape of the chronic mixing zone is roughly
rectangular and follows the prevailing tidal currents of Trident Basin at the location of
Outfall 001A.
1.3.2.1.2 The acute mixing zone for the Outfall 001A discharge for chlorine has a dilution factor
of 76.1 and is defined as centered on Outfall 001A with a length of 52.4 meters and a
maximum width of 5.7 meters.
1.3.3 Upon completion of the Schedule of Compliance, Permit Part 2.3, in accordance with state
regulations at 18 AAC 70.240, no mixing zone is authorized for the discharge from the Kodiak
Fisheries Research Center. The total discharge at Outfall 001A must meet all State of Alaska
Water Quality Standards (WQS) prior to discharge into Trident Basin.
1.4 Additional Monitoring
1.4.1 The permittee shall conduct a one-time Priority Pollutant Scan of the discharge at Outfall 001A.
The sample shall be collected during representative facility operations when laboratory
operations are active and contributing to discharge flows. The required sample analysis must
include the 126 pollutants in Appendix A to 40 CFR Part 423 [adopted by reference at 18 AAC
83.010(g)(3)].
2.0 SPECIAL CONDITIONS
2.1 Quality Assurance Project Plan
2.1.1 The permittee must develop, implement and maintain a quality assurance project plan (QAPP)
for all monitoring required by this permit. The QAPP must be developed and implemented
within 120 days of the effective date of this permit. Any existing QAPP for the facility may be
reviewed and modified under this section.
2.1.2 The QAPP must be designed to assist in planning for the collection and analysis of all samples
in support of the permit and to help explain data anomalies whenever they occur.
2.1.3 The permittee may use either the generic DEC Wastewater Treatment Facility Quality
Assurance Project Plan (DEC QAPP) or a facility-specific QAPP. Some facility specific
information is required to complete the QAPP when using the generic DEC QAPP.
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2.1.4 Throughout all sample collection and analysis activities, the permittee must use DEC-approved
Quality Assurance/Quality Control and chain-of-custody procedures, as described in the
Requirements for Quality Assurance Project Plans (EPA/QA/R-5, March 2001) at
https://www.epa.gov/sites/production/files/2016-06/documents/r5-final_0.pdf and Guidance for
Quality Assurance Project Plans (EPA/QA/G-5, December 2002) at
https://www.epa.gov/sites/production/files/2015-06/documents/g5-final.pdf. The QAPP must be
prepared in the format specified in these documents.
2.1.5 At a minimum, a QAPP must include:
2.1.5.1 Details on number of samples, type of sample containers, preservation of samples, holding
times, analytical methods, analytical detection and quantitation limits for each target
compound, type and number of quality assurance field samples, precision and accuracy
requirements, sample preparation requirements, sample shipping methods, and laboratory
data delivery requirements; and
2.1.5.2 Maps indicating the location of each sampling point; and
2.1.5.3 Qualification and training of personnel; and
2.1.5.4 Name, address, and telephone number of all laboratories used by or proposed to be used by
the permittee.
2.1.6 The permittee must amend the QAPP whenever sample collection, sample analysis, or other
procedure addressed by the QAPP is modified.
2.1.7 An electronic or physical copy of the QAPP must be kept on site and made available to DEC
upon request.
2.2 Best Management Practices Plan
2.2.1 Purpose. Through implementation of the best management practices (BMP) Plan the permittee
must prevent or minimize the generation and the potential for release of pollutants from the
facility to the lands and waters of the U.S. through normal and ancillary activities.
2.2.2 Update and Implementation Schedule. The permittee must update and implement a BMP Plan
which achieves the objectives and the specific requirements listed below. The permittee must
submit written notice to DEC that the plan has been revised or updated within 180 days of the
effective date of the revision. Any existing BMP Plans may be modified for compliance with
this Part.
2.2.3 Objectives. The permittee must develop and amend the BMP Plan consistent with the following
objectives for the control of pollutants.
2.2.3.1 The number and quantity of pollutants and the toxicity of effluent generated, discharged, or
potentially discharged at the facility must be minimized by the permittee to the extent
feasible by managing each waste stream in the most appropriate manner.
2.2.3.2 Under the BMP Plan and especially within any standard operating procedures in the BMP
Plan, the permittee must ensure proper operation and maintenance of water management and
wastewater treatment systems. BMP Plan elements must be developed in accordance with
good engineering practices.
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2.2.3.3 Each facility component or system must be examined for its waste minimization
opportunities and its potential for causing a release of significant amounts of pollutants to
lands and waters of the U.S. due to equipment failure, improper operation, natural
phenomena such as rain or snowfall, etc. The examination must include all normal
operations and ancillary activities including material storage areas, storm water, in -plant
transfer, material handling and process handling areas, loading or unloading operati ons,
spillage or leaks, sludge and waste disposal, or drainage from raw material storage.
2.2.4 Elements of the BMP Plan. The BMP Plan must be consistent with the objectives above and the
general guidance contained in Guidance Manual for Developing Best Management Practices
(EPA 833-B-93-004, October 1993) and Storm Water Management for Industrial Activities,
Developing Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-006)
or any subsequent revision to these guidance documents.
2.2.4.1 Plan Components. The BMP Plan must include, at a minimum, the following items:
2.2.4.1.1 Statement of BMP Policy. The BMP Plan must include a statement of management
commitment to provide the necessary financial, staff, equipment, and training resources
to develop and implement the BMP Plan on a continuing basis.
2.2.4.1.2 The BMP Plan must establish a BMP Committee responsible for developing,
implementing, and maintaining the BMP Plan. Specify the structure, functions, and
procedures of the BMP Committee.
2.2.4.1.3 Description of potential pollutant sources.
2.2.4.1.4 Risk identification and assessment.
2.2.4.1.5 Standard operating procedures to achieve the above objectives and specific best
management practices (Section 2.2.4.2).
2.2.4.1.6 Reporting of BMP incidents. The reports must include a description of the
circumstances leading to the incident, corrective actions taken and recommended
changes to operating and maintenance practices to prevent recurrence.
2.2.4.1.7 Materials compatibility.
2.2.4.1.8 Good housekeeping.
2.2.4.1.9 Inspections.
2.2.4.1.10 Preventative maintenance and repair.
2.2.4.1.11 Security.
2.2.4.1.12 Employee training.
2.2.4.1.13 Record keeping and reporting.
2.2.4.1.14 Prior evaluation of any planned modifications to the facility to ensure that the
requirements of the BMP Plan are considered as part of the modifications.
2.2.4.1.15 Final constructed site plans, drawings, and maps (including detailed storm water
outfall/culvert configurations).
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2.2.4.2 Specific Best Management Practices. The BMP Plan must establish specific BMPs or other
measures to achieve the objectives which ensure that the following specific requirements are
met:
2.2.4.2.1 Solids, sludge, or other pollutants removed in the course of treatment or control of water
and wastewaters must be disposed of in a manner to prevent any pollutant from such
materials from entering waters of the U.S.
2.2.4.2.2 Ensure proper management of solid and hazardous waste in accordance with regulations
promulgated under the Resource Conservation and Recovery Act (RCRA). Management
practices required under RCRA regulations must be referenced in the BMP Plan.
2.2.4.2.3 An annual review of the preventative maintenance procedures and system testing checks
put in place to test the UV and ozone disinfection system and to make changes, if
needed, to address concerns raised as part of the release potential identification and
assessment.
2.2.5 Review and Certification. The BMP Plan must be reviewed and certified annually as follows:
2.2.5.1 Annual review by the facilities director and BMP Committee.
2.2.5.2 Certified statement that the above reviews were completed and the BMP Plan fulfills the
requirements set forth in this permit. The statement must be certified by the dated signatures
of each BMP Committee member and kept on file with the BMP Plan and made available on
request to DEC.
2.2.6 Copies of the BMP Plan must be kept on site and made available to DEC upon request.
2.2.7 BMP Plan Modification
2.2.7.1 The permittee must amend the BMP Plan whenever a change in the facility or in the
operation of the facility materially increases the generation of pollutants or their release or
potential release to receiving waters.
2.2.7.2 The permittee must amend the BMP Plan whenever the plan is found to be ineffective in
achieving the general objective of preventing and minimizing the generation and the
potential for the release of pollutants from the facility to waters of the U.S.
2.2.7.3 Any changes to the BMP Plan must be consistent with the objectives and specific
requirements listed above. All changes in the BMP Plan must be reported in the annual
certification required under Section 2.2.5.
2.3 Schedule of Compliance
2.3.1 The permittee must achieve compliance with the chlorine limits of Part 1.2, Table 2, within two
years of the permit issuance date.
2.3.2 Until compliance with effluent limits at the compliance level of 0.1 mg/L as specified is footnote
(e) of Table 2, at a minimum, the permittee must comply with interim limits for total residual
chlorine in Table 3 and complete the tasks and reports listed in Table 4.
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Table 3: Interim Total Residual Chlorine Effluent Limits
Parameter Units
Effluent Limits Monitoring Frequency
Monthly
Average
Daily
Maximum
Sample
Location
Sample
Frequency
Sample
Type
Total
Residual
Chlorine
mg/L 0.384 0.989 Effluent 3/Week Grab
Table 4: Tasks Required Under the Schedule of Compliance
Task
No.
Due at
End of
Year
Task Activity
1a 1a A report submitted to DEC due one year after the date of permit issuance documenting the
design details and construction status of the dechlorination system as well as any delays or
issues that have resulted in a delayed construction timeline.
2 2 Notification of construction completion and operating of dechlorination system has
commenced.
3 2 Letter submitted acknowledging compliance schedule completion date. The letter must
include three consecutive months sampling data after starting operations of the
dechlorination system documenting monthly average total residual chlorine and at least
four most recent consecutive daily maximum total residual chlorine sampling data meeting
the compliance level of 0.1 mg/L as specified is footnote (e) of Table 2.
Note:
a) This task is not required if tasks 2 and 3 are completed prior to one year after the permit effective date.
2.3.3 The permittee must submit a Report of Progress that outlines progress made towards reaching the
compliance date for the chlorine effluent limits. The Annual Report of Progress must be
submitted prior to one year after effective date of the permit. A notification of construction
completion and a letter acknowledging completion of the compliance schedule are due within
two years of the permit effective date. See also Appendix A Part 2.4., “Compliance Schedules”.
At a minimum, the annual report must include:
2.3.3.1 An assessment of the previous year of total residual chlorine data and comparison to effluent
limits;
2.3.3.2 A report on progress made towards design, installation, and operation of the dechlorination
system;
2.3.3.3 A discussion of any issues or setbacks to implementation of the dechlorination system;
2.3.3.4 Further actions and milestones targeted for the upcoming year.
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2.4 Electronic Reporting (E-Reporting) Rule
2.4.1 E-Reporting Rule for DMRs (Phase I).
The permittee must submit DMR data electronically through NetDMR per Phase I of the E -
Reporting Rule (40 CFR 127) upon the effective date of the Permit. Authorized persons may
access permit information by logging into the NetDMR Portal
(https://cdxnodengn.epa.gov/oeca-netdmr-web/action/login). DMRs submitted in compliance with
the E-Reporting Rule are not required to be submitted as described in Appendix A – Standard
Conditions unless requested or approved by the Department. Any DMR data required by the
Permit that cannot be reported in a NetDMR field (e.g., mixing zone receiving water data, etc.),
shall be included as an attachment to the NetDMR submittal. DEC has established an e-Reporting
Information website at http://dec.alaska.gov/water/compliance/electronic-reporting-rule that
contains general information about this new reporting format. Training materials and webinars for
NetDMR can be found at https://netdmr.zendesk.com/home
2.4.2 E-Reporting Rule for Other Reports (Phase II).
Phase II of the E-Reporting rule will integrate electronic reporting for all other reports
required by the Permit (e.g., Annual Reports and Certifications). Permittees should monitor DEC’s
E-Reporting Information website http://dec.alaska.gov/water/compliance/electronic-reporting-rule
for updates on Phase II of the E-Reporting Rule and will be notified when they must begin
submitting all other reports electronically. Until such time, other reports required by the Permit
may be submitted in accordance with Appendix A – Standard Conditions.
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APPENDIX A
STANDARD CONDITIONS
APDES PERMIT
NONDOMESTIC DISCHARGES
September 2011
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TABLE OF CONTENTS
1.0 Standard Conditions Applicable to All Permits ..................................................................... A-1
1.1 Contact Information and Addresses .................................................................................................. A-1
1.2 Duty to Comply ................................................................................................................................. A-1
1.3 Duty to Reapply ................................................................................................................................ A-2
1.4 Need to Halt or Reduce Activity Not a Defense ............................................................................... A-2
1.5 Duty to Mitigate ................................................................................................................................ A-2
1.6 Proper Operation and Maintenance ................................................................................................... A-2
1.7 Permit Actions ................................................................................................................................... A-2
1.8 Property Rights .................................................................................................................................. A-2
1.9 Duty to Provide Information ............................................................................................................. A-2
1.10 Inspection and Entry ......................................................................................................................... A-3
1.11 Monitoring and Records .................................................................................................................... A-3
1.12 Signature Requirement and Penalties ................................................................................................ A-4
1.13 Proprietary or Confidential Information............................................................................................ A-5
1.14 Oil and Hazardous Substance Liability ............................................................................................. A-5
1.15 Cultural and Paleontological Resources ............................................................................................ A-6
1.16 Fee ..................................................................................................................................................... A-6
1.17 Other Legal Obligations .................................................................................................................... A-6
2.0 Special Reporting Obligations .................................................................................................. A-6
2.1 Planned Changes ............................................................................................................................... A-6
2.2 Anticipated Noncompliance .............................................................................................................. A-6
2.3 Transfers ............................................................................................................................................ A-7
2.4 Compliance Schedules ...................................................................................................................... A-7
2.5 Corrective Information ...................................................................................................................... A-7
2.6 Bypass of Treatment Facilities .......................................................................................................... A-7
2.7 Upset Conditions ............................................................................................................................... A-8
2.8 Existing Manufacturing, Commercial, Mining, and Silvicultural Discharges .................................. A-8
3.0 Monitoring, Recording, and Reporting Requirements .......................................................... A-9
3.1 Representative Sampling ................................................................................................................... A-9
3.2 Reporting of Monitoring Results ....................................................................................................... A-9
3.3 Additional Monitoring by Permittee ................................................................................................. A-9
3.4 Twenty-four Hour Reporting ............................................................................................................ A-9
3.5 Other Noncompliance Reporting .................................................................................................... A-10
4.0 Penalties for Violations of Permit Conditions ....................................................................... A-11
4.1 Civil Action ..................................................................................................................................... A-11
4.2 Injunctive Relief .............................................................................................................................. A-11
4.3 Criminal Action ............................................................................................................................... A-11
4.4 Other Fines ...................................................................................................................................... A-12
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Appendix A of the permit contains standard regulatory language that must be included in all APDES permits.
These requirements are based on the regulations and cannot be challenged in the context of an individual
APDES permit action. The standard regulatory language covers requirements such as monitoring, recording,
reporting requirements, compliance responsibilities, and other general requirements. Appendix A, Standard
Conditions is an integral and enforceable part of the permit. Failure to comply with a Standard Condition in this
Appendix constitutes a violation of the permit and is subject to enforcement.
1.0 Standard Conditions Applicable to All Permits
1.1 Contact Information and Addresses
1.1.1 Permitting Program
Documents, reports, and plans required under the permit and Appendix A are to be sent to the
following address:
State of Alaska
Department of Environmental Conservation
Division of Water
Wastewater Discharge Authorization Program
555 Cordova Street
Anchorage, Alaska 99501
Telephone (907) 269-6285
Fax (907) 269-3487
Email: DEC.Water.WQPermit@alaska.gov
1.1.2 Compliance and Enforcement Program
Documents and reports required under the permit and Appendix A relating to compliance are to be
sent to the following address:
State of Alaska
Department of Environmental Conservation
Division of Water
Compliance and Enforcement Program
555 Cordova Street
Anchorage, Alaska 99501
Telephone Nationwide (877) 569-4114
Anchorage Area / International (907) 269-4114
Fax (907) 269-4604
Email: dec-wqreporting@alaska.gov
1.2 Duty to Comply
A permittee shall comply with all conditions of the permittee’s APDES permit. Any permit
noncompliance constitutes a violation of 33 U.S.C 1251-1387 (Clean Water Act) and state law and is
grounds for enforcement action including termination, revocation and reissuance, or modification of a
permit, or denial of a permit renewal application. A permittee shall comply with effluent standards or
prohibitions established under 33 U.S.C. 1317(a) for toxic pollutants within the time provided in the
regulations that establish those effluent standards or prohibitions even if the permit has not yet been
modified to incorporate the requirement.
A-1
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1.3 Duty to Reapply
If a permittee wishes to continue an activity regulated by this permit after its expiration date, the
permittee must apply for and obtain a new permit. In accordance with 18 AAC 83.105(b), a permittee
with a currently effective permit shall reapply by submitting a new application at least 180 days before
the existing permit expires, unless the Department has granted the permittee permission to submit an
application on a later date. However, the Department will not grant permission for an application to be
submitted after the expiration date of the existing permit.
1.4 Need to Halt or Reduce Activity Not a Defense
In an enforcement action, a permittee may not assert as a defense that compliance with the conditions
of the permit would have made it necessary for the permittee to halt or reduce the permitted activity.
1.5 Duty to Mitigate
A permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
1.6 Proper Operation and Maintenance
1.6.1 A permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control and related appurtenances that the permittee installs or uses to achieve
compliance with the conditions of the permit. The permittee’s duty to operate and maintain
properly includes using adequate laboratory controls and appropriate quality assurance
procedures. However, a permittee is not required to operate back-up or auxiliary facilities or
similar systems that a permittee installs unless operation of those facilities is necessary to
achieve compliance with the conditions of the permit.
1.6.2 Operation and maintenance records shall be retained and made available at the site.
1.7 Permit Actions
A permit may be modified, revoked and reissued, or terminated for cause as provided in
18 AAC 83.130. If a permittee files a request to modify, revoke and reissue, or terminate a permit, or
gives notice of planned changes or anticipated noncompliance, the filing or notice does not stay any
permit condition.
1.8 Property Rights
A permit does not convey any property rights or exclusive privilege.
1.9 Duty to Provide Information
A permittee shall, within a reasonable time, provide to the Department any information that the
Department requests to determine whether a permittee is in compliance with the permit, or whether
cause exists to modify, revoke and reissue, or terminate the permit. A permittee shall also provide to the
Department, upon request, copies of any records the permittee is required to keep under the permit.
A-2
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1.10 Inspection and Entry
A permittee shall allow the Department, or an authorized representative, including a contractor acting
as a representative of the Department, at reasonable times and on presentation of credentials
establishing authority and any other documents required by law, to:
1.10.1 Enter the premises where a permittee’s regulated facility or activity is located or conducted,
or where permit conditions require records to be kept;
1.10.2 Have access to and copy any records that permit conditions require the permittee to keep;
1.10.3 Inspect any facilities, equipment, including monitoring and control equipment, practices, or
operations regulated or required under a permit; and
1.10.4 Sample or monitor any substances or parameters at any location for the purpose of assuring
permit compliance or as otherwise authorized by 33 U.S.C. 1251-1387 (Clean Water Act).
1.11 Monitoring and Records
A permittee must comply with the following monitoring and recordkeeping conditions:
1.11.1 Samples and measurements taken for the purpose of monitoring must be representative of
the monitored activity.
1.11.2 The permittee shall retain records in Alaska of all monitoring information for at least three
years, or longer at the Department’s request at any time, from the date of the sample,
measurement, report, or application. Monitoring records required to be kept include:
1.11.2.1 All calibration and maintenance records,
1.11.2.2 All original strip chart recordings or other forms of data approved by the
Department for continuous monitoring instrumentation,
1.11.2.3 All reports required by a permit,
1.11.2.4 Records of all data used to complete the application for a permit,
1.11.2.5 Field logbooks or visual monitoring logbooks,
1.11.2.6 Quality assurance chain of custody forms,
1.11.2.7 Copies of discharge monitoring reports, and
1.11.2.8 A copy of this APDES permit.
1.11.3 Records of monitoring information must include:
1.11.3.1 The date, exact place, and time of any sampling or measurement;
1.11.3.2 The name(s) of any individual(s) who performed the sampling or
measurement(s);
1.11.3.3 The date(s) and time any analysis was performed;
1.11.3.4 The name(s) of any individual(s) who performed any analysis;
1.11.3.5 Any analytical technique or method used; and
1.11.3.6 The results of the analysis.
1.11.4 Monitoring Procedures
Analyses of pollutants must be conducted using test procedures approved under
40 CFR Part 136, adopted by reference at 18 AAC 83.010, for pollutants with approved test
procedures, and using test procedures specified in the permit for pollutants without
approved methods.
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1.12 Signature Requirement and Penalties
1.12.1 Any application, report, or information submitted to the Department in compliance with a
permit requirement must be signed and certified in accordance with 18 AAC 83.385. Any
person who knowingly makes any false material statement, representation, or certification in
any application, record, report, or other document filed or required to be maintained under a
permit, or who knowingly falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under this permit shall, upon conviction, be
subject to penalties under 33 U.S.C. 1319(c)(4), AS 12.55.035(c)(1)(B), (c)(2) and (c)(3),
and AS 46.03.790(g).
1.12.2 In accordance with 18 AAC 83.385, an APDES permit application must be signed as
follows:
1.12.2.1 For a corporation, a responsible corporate officer shall sign the application; in
this subsection, a responsible corporate officer means:
1.12.2.1.1 A president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who
performs similar policy- or decision-making functions for the
corporation; or
1.12.2.1.2 The manager of one of more manufacturing, production, or operating
facilities, if
1.12.2.1.2.1 The manager is authorized to make management decisions that
govern the operation of the regulated facility, including having the
explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other
comprehensive measures to assure long term environmental
compliance with environmental statutes and regulations;
1.12.2.1.2.2 The manager can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for
permit application requirements; and
1.12.2.1.2.3 Authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
1.12.2.2 For a partnership or sole proprietorship, by the general partner or the proprietor,
respectively, shall sign the application
1.12.2.3 For a municipality, state, federal, or other public agency, either a principal
executive officer or ranking elected official shall sign the application; in this
subsection, a principal executive officer of an agency means:
1.12.2.3.1 The chief executive officer of the agency; or
1.12.2.3.2 A senior executive officer having responsibility for the overall
operations of a principal geographic unit or division of the agency.
1.12.3 Any report required by an APDES permit, and a submittal with any other information
requested by the Department, must be signed by a person described in Appendix A,
Part 1.12.2, or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
1.12.3.1 The authorization is made in writing by a person described in Appendix A,
Part 1.12.2;
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1.12.3.2 The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
including the position of plant manager, operator of a well or a well field,
superintendent, or position of equivalent responsibility; or an individual or
position having overall responsibility for environmental matters for the
company; and
1.12.3.3 The written authorization is submitted to the Department to the Permitting
Program address in Appendix A, Part 1.1.1.
1.12.4 If an authorization under Appendix A, Part 1.12.3 is no longer effective because a different
individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of Appendix A, Part 1.12.3 must be submitted to
the Department before or together with any report, information, or application to be signed
by an authorized representative.
1.12.5 Any person signing a document under Appendix A, Part 1.12.2 or Part 1.12.3 shall certify as
follows:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations."
1.13 Proprietary or Confidential Information
1.13.1 A permit applicant or permittee may assert a claim of confidentiality for proprietary or
confidential business information by stamping the words “confidential business
information” on each page of a submission containing proprietary or confidential business
information. The Department will treat the stamped submissions as confidential if the
information satisfies the test in 40 CFR §2.208, adopted by reference at 18 AAC 83.010, and
is not otherwise required to be made public by state law.
1.13.2 A claim of confidentiality under Appendix A, Part 1.13.1 may not be asserted for the name
and address of any permit applicant or permittee, a permit application, a permit, effluent
data, sewage sludge data, and information required by APDES or NPDES application forms
provided by the Department, whether submitted on the forms themselves or in any
attachments used to supply information required by the forms.
1.13.3 A permittee’s claim of confidentiality authorized under Appendix A, Part 1.13.1 is not
waived if the Department provides the proprietary or confidential business information to
the EPA or to other agencies participating in the permitting process. The Department will
supply any information obtained or used in the administration of the state APDES program
to the EPA upon request under 40 CFR §123.41, as revised as of July 1, 2005. When
providing information submitted to the Department with a claim of confidentiality to the
EPA, the Department will notify the EPA of the confidentiality claim. If the Department
provides the EPA information that is not claimed to be confidential, the EPA may make the
information available to the public without further notice.
1.14 Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any action or relieve a permittee
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from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under
state laws addressing oil and hazardous substances.
1.15 Cultural and Paleontological Resources
If cultural or paleontological resources are discovered because of this disposal activity, work that
would disturb such resources is to be stopped, and the Office of History and Archaeology, a Division
of Parks and Outdoor Recreation of the Alaska Department of Natural Resources
(http://www.dnr.state.ak.us/parks/oha/), is to be notified immediately at (907) 269-8721.
1.16 Fee
A permittee must pay the appropriate permit fee described in 18 AAC 72.
1.17 Other Legal Obligations
This permit does not relieve the permittee from the duty to obtain any other necessary permits from the
Department or from other local, state, or federal agencies and to comply with the requirements
contained in any such permits. All activities conducted and all plan approvals implemented by the
permittee pursuant to the terms of this permit shall comply with all applicable local, state, and federal
laws and regulations.
2.0 Special Reporting Obligations
2.1 Planned Changes
2.1.1 The permittee shall give notice to the Department as soon as possible of any planned
physical alteration or addition to the permitted facility if:
2.1.1.1 The alteration or addition may make the facility a “new source” under one or
more of the criteria in 18 AAC 83.990(44); or
2.1.1.2 The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged if those pollutants are not subject to effluent
limitations in the permit or to notification requirements under 18 AAC 83.610.
2.1.2 If the proposed changes are subject to plan review, then the plans must be submitted at least
30 days before implementation of changes (see 18 AAC 15.020 and 18 AAC 72 for plan
review requirements). Written approval is not required for an emergency repair or routine
maintenance.
2.1.3 Written notice must be sent to the Permitting Program address in Appendix A, Part 1.1.1.
2.2 Anticipated Noncompliance
2.2.1 A permittee shall give seven days’ notice to the Department before commencing any
planned change in the permitted facility or activity that may result in noncompliance with
permit requirements.
2.2.2 Written notice must be sent to the Compliance and Enforcement Program address in
Appendix A, Part 1.1.2.
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2.3 Transfers
2.3.1 A permittee may not transfer a permit for a facility or activity to any person except after
notice to the Department in accordance with 18 AAC 83.150. The Department may modify
or revoke and reissue the permit to change the name of the permittee and incorporate such
other requirements under 33 U.S.C. 1251-1387 (Clean Water Act) or state law.
2.3.2 Written notice must be sent to the Permitting Program address in Appendix A, Part 1.1.1.
2.4 Compliance Schedules
2.4.1 A permittee must submit progress or compliance reports on interim and final requirements in
any compliance schedule of a permit no later than 14 days following the scheduled date of
each requirement.
2.4.2 Written notice must be sent to the Compliance and Enforcement Program address in
Appendix A, Part 1.1.2.
2.5 Corrective Information
2.5.1 If a permittee becomes aware that it failed to submit a relevant fact in a permit application or
submitted incorrect information in a permit application or in any report to the Department,
the permittee shall promptly submit the relevant fact or the correct information.
2.5.2 Information must be sent to the Permitting Program address in Appendix A, Part 1.1.1.
2.6 Bypass of Treatment Facilities
2.6.1 Prohibition of Bypass
Bypass is prohibited. The Department may take enforcement action against a permittee for any
bypass, unless:
2.6.1.1 The bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
2.6.1.2 There were no feasible alternatives to the bypass, including use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. However, this condition is not satisfied if the
permittee, in the exercise of reasonable engineering judgment, should have
installed adequate back-up equipment to prevent a bypass that occurred during
normal periods of equipment downtime or preventive maintenance; and
2.6.1.3 The permittee provides notice to the Department of a bypass event in the
manner, as appropriate, under Appendix A, Part 2.6.2.
2.6.2 Notice of bypass
2.6.2.1 For an anticipated bypass, the permittee submits notice at least 10 days before
the date of the bypass. The Department may approve an anticipated bypass, after
considering its adverse effects, if the Department determines that it will meet the
conditions of Appendix A, Parts 2.6.1.1 and 2.6.1.2.
2.6.2.2 For an unanticipated bypass, the permittee submits 24-hour notice, as required in
18 AAC 83.410(f) and Appendix A, Part 3.4, Twenty-four Hour Reporting.
2.6.2.3 Written notice must be sent to the Compliance and Enforcement Program
address in Appendix A, Part 1.1.2.
2.6.3 Notwithstanding Appendix A, Part 2.6.1, a permittee may allow a bypass that:
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2.6.3.1 Does not cause an effluent limitation to be exceeded, and
2.6.3.2 Is for essential maintenance to assure efficient operation.
2.7 Upset Conditions
2.7.1 In any enforcement action for noncompliance with technology-based permit effluent
limitations, a permittee may claim upset as an affirmative defense. A permittee seeking to
establish the occurrence of an upset has the burden of proof to show that the requirements of
Appendix A, Part 2.7.2 are met.
2.7.2 To establish the affirmative defense of upset, the permittee must demonstrate, through
properly signed, contemporaneous operating logs or other relevant evidence that:
2.7.2.1 An upset occurred and the permittee can identify the cause or causes of the
upset;
2.7.2.2 The permitted facility was at the time being properly operated;
2.7.2.3 The permittee submitted 24-hour notice of the upset, as required in
18 AAC 83.410(f) and Appendix A, Part 3.4, Twenty-four Hour Reporting; and
2.7.2.4 The permittee complied with any mitigation measures required under
18 AAC 83.405(e) and Appendix A, Part 1.5, Duty to Mitigate.
2.7.3 Any determination made in administrative review of a claim that noncompliance was caused
by upset, before an action for noncompliance is commenced, is not final administrative
action subject to judicial review.
2.8 Existing Manufacturing, Commercial, Mining, and Silvicultural Discharges
2.8.1 In addition to the reporting requirements under 18 AAC 83.410, an existing manufacturing,
commercial, mining, and silvicultural discharger shall notify the Department as soon as that
discharger knows or has reason to believe that any activity has occurred or will occur that
would result in:
2.8.1.1 The discharge, on a routine or frequent basis, of any toxic pollutant that is not
limited in the permit, if that discharge will exceed the highest of the following
notification levels:
2.8.1.1.1 One hundred micrograms per liter (100 µg/L);
2.8.1.1.2 Two hundred micrograms per liter (200 µg/L) for acrolein and
acrylonitrile, 500 micrograms per liter (500 µg/L) for 2,4-dinitrophenol
and for 2-methyl-4,6-dinitrophenol, and one milligram per liter (1 mg/L)
for antimony;
2.8.1.1.3 Five times the maximum concentration value reported for that pollutant in
the permit application in accordance with 18 AAC 83.310(c)-(g); or
2.8.1.1.4 The level established by the Department in accordance with
18 AAC 83.445.
2.8.1.2 Any discharge, on a non-routine or infrequent basis, of a toxic pollutant that is
not limited in the permit, if that discharge will exceed the highest of the
following notification levels:
2.8.1.2.1 Five hundred micrograms per liter (500 µg/L);
2.8.1.2.2 One milligram per liter (1 mg/L) for antimony;
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2.8.1.2.3 Ten times the maximum concentration value reported for that pollutant in
the permit application in accordance with 18 AAC 83.310(c)-(g); or
2.8.1.2.4 The level established by the Department in accordance with
18 AAC 83.445.
3.0 Monitoring, Recording, and Reporting Requirements
3.1 Representative Sampling
A permittee must collect effluent samples from the effluent stream after the last treatment unit before
discharge into the receiving waters. Samples and measurements must be representative of the volume
and nature of the monitored activity or discharge.
3.2 Reporting of Monitoring Results
At intervals specified in the permit, monitoring results must be reported on the EPA discharge monitoring
report (DMR) form, as revised as of March 1999, adopted by reference.
3.2.1 Monitoring results shall be summarized each month on the DMR or an approved equivalent
report. The permittee must submit reports monthly postmarked by the 15th day of the
following month.
3.2.2 The permittee must sign and certify all DMRs and all other reports in accordance with the
requirements of Appendix A, Part 1.12, Signatory Requirements and Penalties. All signed
and certified legible original DMRs and all other documents and reports must be submitted
to the Department at the Compliance and Enforcement Program address in Appendix A,
Part 1.1.2.
3.2.3 If, during the period when this permit is effective, the Department makes available
electronic reporting, the permittee may, as an alternative to the requirements of Appendix A,
Part 3.2.2, submit monthly DMRs electronically by the 15th day of the following month in
accordance with guidance provided by the Department. The permittee must certify all DMRs
and other reports, in accordance with the requirements of Appendix A, Part 1.12, Signatory
Requirements and Penalties. The permittee must retain the legible originals of these
documents and make them available to the Department upon request.
3.3 Additional Monitoring by Permittee
If the permittee monitors any pollutant more frequently than the permit requires using test procedures
approved in 40 CFR Part 136, adopted by reference at 18 AAC 83.010, or as specified in this permit, the
results of that additional monitoring must be included in the calculation and reporting of the data
submitted in the DMR required by Appendix A, Part 3.2. All limitations that require averaging of
measurements must be calculated using an arithmetic means unless the Department specifies another
method in the permit. Upon request by the Department, the permittee must submit the results of any
other sampling and monitoring regardless of the test method used.
3.4 Twenty-four Hour Reporting
A permittee shall report any noncompliance event that may endanger health or the environment as
follows:
3.4.1 A report must be made:
3.4.1.1 Orally within 24 hours after the permittee becomes aware of the circumstances,
and
3.4.1.2 In writing within five days after the permittee becomes aware of the
circumstances.
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3.4.2 A report must include the following information:
3.4.2.1 A description of the noncompliance and its causes, including the estimated
volume or weight and specific details of the noncompliance;
3.4.2.2 The period of noncompliance, including exact dates and times;
3.4.2.3 If the noncompliance has not been corrected, a statement regarding the
anticipated time the noncompliance is expected to continue; and
3.4.2.4 Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
3.4.3 An event that must be reported within 24 hours includes:
3.4.3.1 An unanticipated bypass that exceeds any effluent limitation in the permit (see
Appendix A, Part 2.6, Bypass of Treatment Facilities).
3.4.3.2 An upset that exceeds any effluent limitation in the permit (see Appendix A,
Part 2.7, Upset Conditions).
3.4.3.3 A violation of a maximum daily discharge limitation for any of the pollutants
listed in the permit as requiring 24-hour reporting.
3.4.4 The Department may waive the written report on a case-by-case basis for reports under
Appendix A, Part 3.4 if the oral report has been received within 24 hours of the permittee
becoming aware of the noncompliance event.
3.4.5 The permittee may satisfy the written reporting submission requirements of Appendix A,
Part 3.4 by submitting the written report via e-mail, if the following conditions are met:
3.4.5.1 The Noncompliance Notification Form or equivalent form is used to report the
noncompliance;
3.4.5.2 The written report includes all the information required under Appendix A,
Part 3.4.2;
3.4.5.3 The written report is properly certified and signed in accordance with Appendix
A, Parts 1.12.3 and 1.12.5.;
3.4.5.4 The written report is scanned as a PDF (portable document format) document
and transmitted to the Department as an attachment to the e-mail; and
3.4.5.5 The permittee retains in the facility file the original signed and certified written
report and a printed copy of the conveying email.
3.4.6 The e-mail and PDF written report will satisfy the written report submission requirements of
this permit provided the e-mail is received by the Department within five days after the time
the permittee becomes aware of the noncompliance event and the e-mail and written report
satisfy the criteria of Part 3.4.5. The e-mail address to report noncompliance is:
dec-wqreporting@alaska.gov
3.5 Other Noncompliance Reporting
A permittee shall report all instances of noncompliance not required to be reported under Appendix A,
Parts 2.4 (Compliance Schedules), 3.3 (Additional Monitoring by Permittee), and 3.4 (Twenty-four
Hour Reporting) at the time the permittee submits monitoring reports under Appendix A, Part 3.2
(Reporting of Monitoring Results). A report of noncompliance under this part must contain the
information listed in Appendix A, Part 3.4.2 and be sent to the Compliance and Enforcement Program
address in Appendix A, Part 1.1.2.
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4.0 Penalties for Violations of Permit Conditions
Alaska laws allow the State to pursue both civil and criminal actions concurrently. The following is a
summary of Alaska law. Permittees should read the applicable statutes for further substantive and
procedural details.
4.1 Civil Action
Under AS 46.03.760(e), a person who violates or causes or permits to be violated a regulation, a lawful
order of the Department, or a permit, approval, or acceptance, or term or condition of a permit,
approval or acceptance issued under the program authorized by AS 46.03.020 (12) is liable, in a civil
action, to the State for a sum to be assessed by the court of not less than $500 nor more than $100,000
for the initial violation, nor more than $10,000 for each day after that on which the violation continues,
and that shall reflect, when applicable:
4.1.1 Reasonable compensation in the nature of liquated damages for any adverse environmental
effects caused by the violation, that shall be determined by the court according to the
toxicity, degradability, and dispersal characteristics of the substance discharged, the
sensitivity of the receiving environment, and the degree to which the discharge degrades
existing environmental quality;
4.1.2 Reasonable costs incurred by the State in detection, investigation, and attempted correction
of the violation;
4.1.3 The economic savings realized by the person in not complying with the requirements for
which a violation is charged; and
4.1.4 The need for an enhanced civil penalty to deter future noncompliance.
4.2 Injunctive Relief
4.2.1 Under AS 46.03.820, the Department can order an activity presenting an imminent or
present danger to public health or that would be likely to result in irreversible damage to the
environment be discontinued. Upon receipt of such an order, the activity must be
immediately discontinued.
4.2.2 Under AS 46.03.765, the Department can bring an action in Alaska Superior Court seeking
to enjoin ongoing or threatened violations for Department-issued permits and Department
statutes and regulations.
4.3 Criminal Action
Under AS 46.03.790(h), a person is guilty of a Class A misdemeanor if the person negligently:
4.3.1 Violates a regulation adopted by the Department under AS 46.03.020(12);
4.3.2 Violates a permit issued under the program authorized by AS 46.03.020(12);
4.3.3 Fails to provide information or provides false information required by a regulation adopted
under AS 46.03.020(12);
4.3.4 Makes a false statement, representation, or certification in an application, notice, record,
report, permit, or other document filed, maintained, or used for purposes of compliance with
a permit issued under or a regulation adopted under AS 46.03.020(12); or
4.3.5 Renders inaccurate a monitoring device or method required to be maintained by a permit
issued or under a regulation adopted under AS 46.03.020(12).
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4.4 Other Fines
Upon conviction of a violation of a regulation adopted under AS 46.03.020(12), a defendant who is not
an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation
(AS 46.03.790(g)). A defendant that is an organization may be sentenced to pay a fine not exceeding
the greater of: (1) $200,00; (2) three times the pecuniary gain realized by the defendant as a result of
the offense; or (3) three times the pecuniary damage or loss caused by the defendant to another, or the
property of another, as a result of the offense (AS 12.55.035(c)(B), (c)(2), and (c)(3)).
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a) See 18 AAC 83
b) See 18 AAC 70.990
c) See 18 AAC 72.990
d) See 40 CFR Part 136
e) See EPA Technical Support Document
f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
g) See EPA Permit Writers Manual
h) See 40 CFR 403.3(v)) B-2
Appendix B Acronyms
The following acronyms are common terms that may be found in an Alaska Pollutant Discharge Elimination System
(APDES) permit.
18 AAC 15 Alaska Administrative Code. Title 18 Environmental Conservation, Chapter 15:
Administrative Procedures
18 AAC 70 Alaska Administrative Code. Title 18 Environmental Conservation, Chapter 70:
Water Quality Standards
18 AAC 72 Alaska Administrative Code. Title 18 Environmental Conservation, Chapter 72:
Wastewater Disposal
18 AAC 83 Alaska Administrative Code. Title 18 Environmental Conservation, Chapter 83:
Alaska Pollutant Discharge Elimination System
All chapters of Alaska Administrative Code, Title 18 are available at the Alaska Administrative Code database
http://dec.alaska.gov/commish/regulations/
40 CFR Code of Federal Regulations Title 40: Protection of Environment
AAC Alaska Administrative Code
ADEC Alaska Department of Environmental Conservation
APDES Alaska Pollutant Discharge Elimination System
AS Alaska Statutes
AS 46.03 Alaska Statues Title 46, Chapter 03: Environmental Conservation. Available at
http://www.legis.state.ak.us/default.htm
BOD5 Biochemical Oxygen Demand, 5-day
BMP Best Management Practice
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
Cu Copper
CWA Clean Water Act
DMR Discharge Monitoring Report
DO Dissolved Oxygen
EPA U.S. Environmental Protection Agency
FC Fecal coliform Bacteria
GPD or gpd Gallons per day
GPY or gpy Gallons per year
Hg Mercury
IC25 Inhibition Concentration 25%
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a) See 18 AAC 83
b) See 18 AAC 70.990
c) See 18 AAC 72.990
d) See 40 CFR Part 136
e) See EPA Technical Support Document
f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
g) See EPA Permit Writers Manual
h) See 40 CFR 403.3(v)) B-3
I/I Infiltration and Inflow
LC50 Lethal Concentration 50%
MDL Method Detection Limit
mg/L Milligrams per Liter
MGD or mgd
MIU
Million gallons per day
Minor Industrial User
ML Minimum Level
MLLW Mean Lower Low Water
MZ Mixing Zone
N/A Not Applicable
Ni Nickel
NOEC No Observed Effect Concentration
Pb Lead
POTW Publicly Owned Treatment Works
PQL Practical Quantification Limit
QA Quality Assurance
QA/QC Quality Assurance/Quality Control
QAPP Quality Assurance Project Plan
QC Quality Control
RL Reporting Limit
RWC Receiving Water Concentration
Se Selenium
SIU Significant Industrial User
SU Standard Units
TIE
TRC
Toxicity Identification Evaluation
Total Residual Chlorine
TRE Toxicity Reduction Evaluation
TSS Total Suspended Solids
TUc Toxic Unit, Chronic
µg/L Micrograms per Liter
U.S.C. United States Code
WQS Water Quality Standards
WWTP Wastewater Treatment Plant
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -1
Appendix C Definitions
The following are common definitions of terms associated with APDES permits. Not all the terms listed may appear in a
permit. Consult the footnote references for a complete list of terms and definitions.
Acuteb Means of, relating to, or resulting from a level of toxicity of a substance, a
substance combination, or an effluent sufficient to produce observable lethal
or sublethal effects in aquatic organisms exposed for short periods of time,
typically 96 hours or less
Administrator a Means the Administrator of the EPA or an authorized representative.
Alaska Pollutant Discharge
Elimination System
(APDES) a
Means the state’s program, approved by EPA under 33 U.S.C. 1342(b), for
issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits and imposing and enforcing pretreatment requirements under
33 U.S.C. 1317, 1328, 1342, and 1345.
Annual Means once per calendar year
Average Means the arithmetic mean obtained by adding quantities and dividing the sum
by the number of quantities
Average Monthly Discharge
Limitation a
Means the highest allowable average of “daily discharges” over a calendar
month calculated as the sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured for that month
Average Weekly Discharge
Limitationg
The highest allowable average of daily discharges over a calendar week,
calculated as the sum of all daily discharges measured during a calendar
week divided by the number
Best Management Practices
(BMPs) a
Means schedules of activities, prohibitions of practices, maintenance procedures,
and other management practices to prevent or reduce the pollution of waters of
the United States. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw material storage areas.
Biochemical Oxygen
Demand (BOD) c
Means the amount, in milligrams per liter, of oxygen used in the biochemical
oxidation of organic matter in five days at 20º C
Black Water Means water that contains animal, human, or food waste
Boundary b Means line or landmark that serves to clarify, outline, or mark a limit, border, or
interface
Bypass a Means the intentional diversion of waste streams from any portion of a treatment
facility
Chronic b Means of, relating to, or resulting from a level of toxicity of a substance, a
substance combination, or an effluent sufficient to produce observable lethal
or sublethal effects, including effects on growth, development, behavior,
reproduction, or survival, in aquatic organisms exposed for a period of time
that generally is one-tenth or more of their life span
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -2
Chemical Oxygen Demand
(COD) f
Is used as a measure of the oxygen equivalent of the organic matter content of a
sample that is susceptible to oxidation by a strong chemical oxidant
Clean Water Act (CWA) Means the federal law codified at 33 U.S.C. 1251-1387, also referred to as the
Federal Water Pollution Control Act or Federal Water Pollution Control Act
Amendments of 1972
Color b Means the condition that results in the visual sensations of hue and intensity as
measured after turbidity is removed
Commissioner a Means the commissioner of the Alaska Department of Environmental
Conservation or the commissioner’s designee
Composite Samples Composite samples must consist of at least eight equal volume grab samples. 24
hour composite sample means a combination of at least eight discrete samples of
equal volume collected at equal time intervals over a 24-hour period at the same
location. A "flow proportional composite" sample means a combination of at least eight discrete samples collected at equal time intervals over a 24-hour
period with each sample volume proportioned according to the flow volume. The
sample aliquots must be collected and stored in accordance with procedures
prescribed in the most recent edition of Standard Methods for the Examination
of Water and Wastewater.
Contact Recreation b
Means activities in which there is direct and intimate contact with water. Contact
recreation includes swimming, diving, and water skiing. Contact recreation does
not include wading.
Continuous Monitoring
Means monitoring that occurs without interruption throughout the operating
hours of the facility, except for infrequent shutdowns for maintenance, process
changes, or other similar activities.
Criterion b Means a set concentration or limit of a water quality parameter that, when not
exceeded, will protect an organism, a population of organisms, a community of organisms, or a prescribed water use with a reasonable degree of safety. A
criterion might be a narrative statement instead of a numerical concentration or
limit.
Daily Discharge a Means the discharge of a pollutant measured during a calendar day or any 24-
hour period that reasonably represents the calendar day for the purposes of
sampling. For pollutants measured in units of mass, the “daily discharge” is
calculated as the total mass of the pollutant discharged over the day. For
pollutants with a limitation expressed in other units of measurement, the “daily
discharge” is calculated as the average measurement of the pollutant over the
day.
Datum A datum defines the position of the spheroid, a mathematical representation of the earth, relative to the center of the earth. It provides a frame of reference for
measuring locations on the surface of the earth by defining the origin and
orientation of latitude and longitude lines.
Department a Means the Alaska Department of Environmental Conservation
Design Flow a Means the wastewater flow rate that the plant was designed to handle
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -3
Director a Means the commissioner or the commissioner’s designee assigned to administer
the APDES program or a portion of it, unless the context identifies an EPA
director
Discharge a When used without qualification, discharge means the discharge of a pollutant
Discharge of a Pollutant a Means any addition of any pollutant or combination of pollutants to waters of the
United States from any point source or to waters of the contiguous zone or the
ocean from any point source other than a vessel or other floating craft that is being used as a means of transportation. Discharge includes any addition of
pollutants into waters of the United States from surface runoff that is collected or
channeled by humans; discharges through pipes, sewers, or other conveyances
owned by a state, municipality, or other person that do not lead to a treatment
works; discharges through pipes, sewers, or other conveyances leading into
privately owned treatment works; and does not include an addition of pollutants
by any indirect discharger.
Disinfect c Means to treat by means of a chemical, physical, or other process, such as
chlorination, ozonation, application of ultraviolet light, or sterilization,
designed to eliminate pathogenic organisms, and producing an effluent with
the following characteristics:
(A) an arithmetic mean of the values for a minimum of five effluent samples
collected in 30 consecutive days that does not exceed 200 fecal coliform
per100 milliliters; and
(B) an arithmetic mean of the values for effluent samples collected in seven
consecutive days that does not exceed 400 fecal coliform per 100 milliliters.
Dissolved Oxygen (DO) b Means the concentration of oxygen in water as determined either by the Winkler
(iodometric) method and its modifications or by the membrane electrode
method.
The oxygen dissolved in water or wastewater and usually expressed in
milligrams per liter or percent saturation
Domestic Equivalent Businesses that only discharge pollutants similar in nature to domestic
wastewater that is discharged from residential dwellings, and that do not otherwise qualify as an SIU or an MIU as defined in this glossary.
Domestic Wastewater c Means waterborne human wastes or graywater derived from dwellings,
commercial buildings, institutions, or similar structures. "Domestic wastewater"
includes the contents of individual removable containers used to collect and
temporarily store human wastes.
Ecosystem b Means a system made up of a community of animals, plants, and bacteria and the
system’s interrelated physical and chemical environment
Effluent Limit Guideline a Means a regulation published by the administrator under 33 U.S.C. 1314(b) to
adopt or revise effluent limitations, and adopted by reference in
18 AAC 83.010;
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
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Effluent b Means the segment of a wastewater stream that follows the final step in a
treatment process and precedes discharge of the wastewater stream to the
receiving environment
Estimated Means a way to estimate the discharge volume. Approvable estimations include,
but are not limited to, the number of persons per day at the facility, volume of
potable water produced per day, lift station run time, etc.
Excluded area Means an area not authorized as a receiving water under a permit
Fecal coliform Bacteria (FC)
b
Bacteria that can ferment lactose at 44.5° + 0.2°C to produce gas in a multiple tube
procedure. Fecal coliform bacteria also means all bacteria that produce blue
colonies in a membrane filtration procedure within 24 ± 2 hours of incubation at
44.5° + 0.2°C in an M-FC broth.
Final Approval to Operate Means the approval that the Department issues after it has reviewed and approved
the construction and operation of the engineered wastewater treatment works plans
submitted to the Department in accordance with 18 AAC 72.215 through
18 AAC 72.280 or as amended.
Geometric Mean The geometric mean is the Nth root of the product of N. All sample results of zero
will use a value of 1 for calculation of the geometric mean. Example geometric
mean calculation: √12 × 23 × 34 × 9904 =55
Grab Sample Means a single instantaneous sample collected at a particular place and time that
represents the composition of wastewater only at that time and place
Gray Water b Means wastewater from a laundry, kitchen, sink, shower, bath, or other domestic
source that does not contain excrement, urine, or combined stormwater
Influent Means untreated wastewater before it enters the first treatment process of a
wastewater treatment works
Inhibition Concentration
25% (IC25) e
Means the point estimate of the toxicant concentration that would cause 25% reduction in a nonlethal biological measurement of the test organisms, such as
reproduction or growth
Lethal Concentration 50%
(LC50) e
Mean the point estimate of the toxicant that would be lethal to 50% of the test
organisms during a specific period
Maximum Daily Discharge
Limitation a
Means the highest allowable “daily discharge”
Mean b Means the average of values obtained over a specified period and, for fecal
coliform analysis, is computed as a geometric mean
Measured Means the actual volume of wastewater discharged using appropriate mechanical
or electronic equipment to provide a totalized reading. Measure does not provide a
recorded measurement of instantaneous rates.
Method Detection Limit
(MDL) d
Means the minimum concentration of a substance (analyte) that can be measured
and reported with 99 percent confidence that the analyte concentration is greater
than zero and is determined from analysis of a sample in a given matrix containing
the analyte
Micrograms per Liter (µg/L)
b
Means the concentration at which one millionth of a gram (10-6 g) is found in a
volume of one liter
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -5
Milligrams per Liter (mg/L)
b
Means the concentration at which one thousandth of a gram (10-3 g) is found in a
volume of one liter. It is approximately equal to the unit “parts per million (ppm),”
formerly of common use.
Minor Industrial User (MIU)
*
These are businesses that do not qualify as SIUs according to the SIU
definition, but who still either:
• Have some discharges of wastewater containing pollutants not typical
of domestic wastewater, and potentially of concern to the POTW; or
• Have a potential to discharge or spill chemicals to the POTW which
could impair the normal operation of the POTW, adversely affect
worker health or safety, or violate Alaska Water Quality Standards (18 AAC 70).
*This definition is intended for use when categorizing industries and
businesses, and not intended to be used as a general APDES definition.
Minimum Level (ML) e Means the concentration at which the entire analytical system must give a
recognizable signal and an acceptable calibration point. The ML is the
concentration in a sample that is equivalent to the concentration of the lowest
calibration standard analyzed by a specific analytical procedure, assuming that
all the method-specified sample weights, volumes, and processing steps have been followed. This level is used as the compliance level if the effluent limit is
below it.
Mixing Zone (MZ) b Means a volume of water adjacent to a discharge in which wastes discharged
mix with the receiving water
Month Means the time period from the 1st of a calendar month to the last day in the
month
Monthly Average Means the average of daily discharges over a monitoring month calculated as
the sum of all daily discharges measured during a monitoring month divided by
the number of daily discharges measured during that month
N/A Means Not Applicable
No Observed Effect
Concentration (NOEC) e
Means the highest concentration of an effluent or a toxicant at which no adverse
ef fects are observed on the aquatic test organisms at a specific time of
observation. NOEC is determined using hypothesis testing.
Pass Throughh Means a discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any requirement
of the POTW’s NPDES permit (including an increase in the magnitude or
duration of a violation
Permittee Means a company, organization, association, entity, or person who is issued a
wastewater permit and is responsible for ensuring compliance, monitoring, and
reporting as required by the permit
pH g Means a measure of the hydrogen ion concentration of water or wastewater;
expressed as the negative log of the hydrogen ion concentration in mg/L. A pH
of 7 is neutral. A pH less than 7 is acidic, and a pH greater than 7 is basic.
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -6
Pollutant a Means dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under 42 U.S.C. 2011), heat,
wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
municipal, or agricultural waste discharged into water
Practical Quantification
Limit (PQL) g
Means the lowest level that can be reliably achieved within specified limits of
precision and accuracy during routine laboratory operating conditions.
Primary Contact Recreation See Contact Recreation
Principal Executive Officer a Means the chief executive officer of the agency or a senior executive officer
having responsibility for the overall operations of a principal geographic unit of
division of the agency
Publicly Owned
Treatment Worksa
Means a treatment works as defined by 33 U.S.C. 1292 that is owned by a
municipality or state; in this subparagraph “municipality” includes a
municipality that has jurisdiction over the indirect discharges to and the
discharges from such a treatment works
Quality Assurance Project
Plan (QAPP)
Means a system of procedures, checks, audits, and corrective actions to ensure
that all research design and performance, environmental monitoring and sampling, and other technical and reporting activities are of the highest
achievable quality
Quarter Means the time period of three months based on the calendar year beginning
with January
Receiving Water Body Means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea, and Arctic Ocean, in the territorial limits of
the state, and all other bodies of surface water, natural or artificial, public or
private, inland or coastal, fresh or salt, which are wholly or partially in or
bordering the state or under the jurisdiction of the state. (See “Waters of the
U.S.” at 18 AAC 83.990(77))
Recorded Means a permanent record using mechanical or electronic equipment to provide
a totalized reading, as well as a record of instantaneous readings
Report Report results of analysis
Residual Chlorine Means chlorine remaining in water or wastewater at the end of a specified
contact period as combined or free chlorine
Responsible Corporate
Officer a
Means a president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function or any other person who performs
similar policy or decision making functions for the corporation
The Responsible Corporate Officer can also be the manager of one or more
manufacturing, production, or operating facilities if the requirements of
18 AAC 83.385(a)(1)(B)(i)-(iii) are met.
Secondary Recreation b Means activities in which incidental water use can occur. Secondary recreation
includes boating, camping, hunting, hiking, wading, and recreational fishing.
Secondary contact recreation does not include fish consumption.
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -7
Settleable Solids b Means solid material of organic or mineral origin that is transported by and
deposited from water, as measured by the volumetric Imhoff cone method and at the method detection limits specified in method 2540(F), Standard Methods
for the Examination of Water and Wastewater, 18th edition (1992), adopted
by reference in 18 AAC 70.020(c)(1)
Severe Property Damage a Means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
Sheen b Means an iridescent appearance on the water surface
Significant Industrial User
(SIU) h
(i) Means All Industrial Users subject to Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N; and
(ii) Any other Industrial User that: discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a
process wastestream which makes up 5 percent or more of the average dry
weather hydraulic or organic capacity of the POTW Treatment plant; or is
designated as such by the Control Authority on the basis that the Industrial
User has a reasonable potential for adversely affecting the POTW’s
operation or for violating any Pretreatment Standard or requirement (in accordance with §40 CFR 403.8(f)(6)).
Suspended Solids Means insoluble solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids. The quantity of material removed from
wastewater in a laboratory test, as prescribed in Standard Methods for the
Examination of Water and Wastewater and referred to as nonfilterable.
Technology Based
Effluent Limitg
An effluent limit for a pollutant that is based on the capability of a treatment
method to reduce the pollutant to a certain concentration or mass loading
level. TBELs for POTWs are derived from the secondar y treatment
regulations in Part 133 or state treatment standards. TBELs for non-POTWs
are derived from effluent guidelines, state treatment standards, or by the
permit writer on a case-by-case basis using best professional judgment.
Total Suspended Solids
(TSS) g
Means a measure of the filterable solids present in a sample, as determined by
the method specified in 40 CFR Part 136
Toxic Unit, Chronic (TUc) e Means the reciprocal of the effluent concentration that causes no observable
effect on the test organisms by the end of the chronic exposure period (i.e.,
100/NOEC)
Twice per year Means two time periods during the calendar year: October through April and
May through September
Upset a Means an exceptional incident in which there is unintentional and temporary
noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
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a) See 18 AAC 83 e) See EPA Technical Support Document
b) See 18 AAC 70.990 f) See Standard Methods for the Examination of Water and Wastewater 18th Edition
c) See 18 AAC 72.990 g) See EPA Permit Writers Manual
d) See 40 CFR Part 136 h) See 40 CFR Part 403
C -8
Wastewater Treatment Means any process to which wastewater is subjected in order to remove or alter
its objectionable constituents and make it suitable for subsequent use or
acceptable for discharge to the environment
Waters of the United States
or Waters of the U.S.
(WOTUS)
Has the meaning given in 18 AAC 83.990(77)
Water Quality Based
Effluent Limit g
An effluent limitation determined by selecting the most stringent of the
effluent limits calculated using all applicable water quality criteria (e.g.,
aquatic life, human health, wildlife, translation of narrative criteria) for a
specific point source to a specific receiving water.
Water Quality Criteria e Are comprised of numeric and narrative criteria. Numeric criteria are
scientifically derived ambient concentrations developed by EPA or States
for various pollutants of concern to protect human health and aquatic life.
Narrative criteria are statements that describe the desired water quality
goal.
Water Quality Standard e Means a law or regulation that consists of the beneficial designated use or
uses of a waterbody, the numeric and narrative water quality criteria that
are necessary to protect the use or uses of that particular waterbody, and an
antidegradation statement.
Water Recreation b See contact recreation or secondary recreation
Water Supply b Means any of the waters of the United States that are designated in 18 AAC 70
to be protected for fresh water or marine water uses. Water supply includes waters used for drinking, culinary, food processing, agricultural, aquacultural,
seafood processing, and industrial purposes. Water supply does not necessarily
mean that water in a water body that is protected as a supply for the uses listed
in this paragraph is safe to drink in its natural state.
Week Means the time period of Sunday through Saturday
Whole Effluent Toxicitya Means the aggregate toxic effect of an effluent measured directly by a toxicity test.
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Department of Environmental Conservation
Response to Comments
For
Kodiak Fisheries Research Center
APDES Permit No. AK0062282
Public Noticed October 3, 2023 – November 3, 2023
November 30, 2023
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Alaska Department of Environmental Conservation
Wastewater Discharge Authorization Program
555 Cordova Street
Anchorage, AK 99501
1 Introduction
1.1 Summary of Facility / Permit
The Kodiak Fisheries Research Center discharge consists of treated seawater system effluent
from research operations, marine habitat tanks via Outfall 001A located at 57.782° North
latitude and 152.782° West longitude. Discharge will occur at a maximum design flow rate of
110,880 gallons per day to Trident Basin. Pollutants of concern are 5-day biological oxygen
demand, total suspended solids, total settleable solids, fecal coliform bacteria, enterococci
bacteria, temperature, dissolved oxygen, pH, and total residual chlorine. A mixing zone for total
residual chlorine is authorized by this permit for two years under a compliance schedule for
installing a dechlorination system. After completion of the compliance schedule chlorine
effluent limits will be regulated at the point of discharge and the mixing zone will no longer be
authorized.
1.2 Opportunities for Public Participation
The Department of Environmental Conservation proposed to issue an Alaska Pollutant
Discharge Elimination System (APDES) wastewater discharge permit Kodiak Fisheries
Research Center. To ensure public, agency, and tribal notification and opportunities for
participation the Department:
• identified the permit on the annual Permit Issuance Plan posted online at:
http://www.dec.state.ak.us/water/wwdp/index.htm
• notified local governments and potentially affected tribes that the Department would be
working on this permit via letter, fax and/or email on April 7, 2023.
• posted a preliminary draft of the permit on-line for a 10-day applicant review September 1,
2023, and notified tribes and other agencies.
• posted the draft of the permit online for a 30-day public comment period on October 3, 2023
• posted the proposed final permit on-line for a five-day applicant review on November 9,
2023
• sent email notifications via the APDES Program List Serve when the preliminary draft,
draft, and proposed final permits were available for review
The Department did not receive any comments on the draft permit.
1.3 Final Permit
The final permit was adopted by the Department on November 30, 2023. There were no significant
changes made to the publicly noticed permit or fact sheet.
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AK0062282 - Kodiak Fisheries Research Center Page 1 of 41
Public Comment Period Start Date: October 3, 2023
Public Comment Period Expiration Date: November 3, 2023, at 11:59 AST
Alaska Online Public Notice System
Technical Contact: Amber Bennett
Alaska Department of Environmental Conservation
Division of Water
Wastewater Discharge Authorization Program
610 University Ave
Fairbanks, AK 99709
907-451-2190
Fax: (907) 451-2187
amber.bennett@alaska.gov
Issuance of an Alaska Pollutant Discharge Elimination System (APDES) permit to
KODIAK ISLAND BOROUGH
For wastewater discharges from:
Kodiak Fisheries Research Center
301 Research Ct
Kodiak, Alaska 99615
The Alaska Department of Environmental Conservation (the Department or DEC) has issued an APDES individual
permit (permit) to the Kodiak Island Borough. The permit authorizes and sets conditions on the discharge of pollutants
from this facility to waters of the United States. In order to ensure protection of water quality and human health, the
permit places limits on the types and amounts of pollutants that can be discharged from the Kodiak Fisheries Research
Center (KFRC) and outlines best management practices to which the facility must adhere.
This fact sheet explains the nature of potential discharges from the Kodiak Fisheries Research Center and the
development of the permit including:
information on public comment, public hearing, and appeal procedures
a listing of proposed effluent limitations and other conditions
ALASKA POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT FACT SHEET – FINAL
Permit Number: AK0062282
Kodiak Fisheries Research Center
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Wastewater Discharge Authorization Program
555 Cordova Street
Anchorage, AK 99501
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technical material supporting the conditions in the permit
proposed monitoring requirements in the permit
Appeals Process
The Department has both an informal review process and a formal administrative appeal process for final APDES permit
decisions. An informal review request must be delivered within 20 days after receiving the Department’s decision to the
Director of the Division of Water at the following address:
Director, Division of Water
Alaska Department of Environmental Conservation
555 Cordova Street
Anchorage, AK 99501
Interested persons can review 18 AAC 15.185 for the procedures and substantive requirements regarding a request for an
informal Department review.
See http://dec.alaska.gov/commish/review-guidance/informal-reviews for information regarding informal reviews of
Department decisions.
An adjudicatory hearing request must be delivered to the Commissioner of the Department within 30 days of the permit
decision or a decision issued under the informal review process. An adjudicatory hearing will be conducted by an
administrative law judge in the Office of Administrative Hearings within the Department of Administration. A written
request for an adjudicatory hearing shall be delivered to the Commissioner at the following address:
Commissioner
Alaska Department of Environmental Conservation
Mail: P.O. Box 11180
Juneau, AK 99811
In Person: 555 Cordova Street
Anchorage, AK 99501
Interested persons can review 18 AAC 15.200 for the procedures and substantive requirements regarding a request for an
adjudicatory hearing. See http://dec.alaska.gov/commish/review-guidance/adjudicatory-hearing-guidance for information
regarding appeals of Department decisions.
Documents are Available
The permit, fact sheet, application, and related documents can be obtained by visiting or contacting DEC between 8:00
a.m. and 4:30 p.m. Monday through Friday at the addresses below. The permit, fact sheet, application, and other
information are located on the Department’s Wastewater Discharge Authorization Program website:
http://dec.alaska.gov/water/wastewater.
Alaska Department of Environmental Conservation
Division of Water
Wastewater Discharge Authorization Program
555 Cordova Street
Anchorage, AK 99501
(907) 269-6285
Alaska Department of Environmental Conservation
Division of Water
Wastewater Discharge Authorization Program
Mail: P.O. Box 111800
In Person: 410 Willoughby Avenue, Suite 303
Juneau, AK 99811-1800
(907) 465-5180
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TABLE OF CONTENTS
1.0 INTRODUCTION ............................................................................................................................ 5
1.1 Applicant ................................................................................................................................... 5
1.2 Authority ................................................................................................................................... 5
1.3 Permit History ........................................................................................................................... 5
2.0 BACKGROUND .............................................................................................................................. 5
2.1 Facility Information .................................................................................................................. 5
2.2 Wastewater Treatment .............................................................................................................. 8
2.3 Pollutants of Concern ................................................................................................................ 8
2.4 Compliance History .................................................................................................................. 9
3.0 EFFLUENT LIMITS AND MONITORING REQUIREMENTS ............................................... 9
3.1 Basis for Permit Effluent Limits ............................................................................................... 9
3.2 Basis for Effluent and Receiving Water Monitoring ................................................................ 9
3.3 Effluent Limits and Monitoring Requirements ......................................................................... 9
3.4 Priority Pollutant Scan ............................................................................................................ 11
3.5 Receiving Waterbody Limits and Monitoring ........................................................................ 12
4.0 RECEIVING WATER BODY ...................................................................................................... 12
4.1 Description of Receiving Waterbody ...................................................................................... 12
4.2 Outfall Description .................................................................................................................. 12
4.3 Water Quality Standards ......................................................................................................... 12
4.4 Water Quality Status of Receiving Water ............................................................................... 13
4.5 Mixing Zone Analysis ............................................................................................................. 13
5.0 ANTIBACKSLIDING ................................................................................................................... 20
6.0 ANTIDEGRADATION ................................................................................................................. 20
7.0 OTHER PERMIT CONDITIONS................................................................................................ 24
7.1 Quality Assurance Project Plan ............................................................................................... 24
7.2 Best Management Practices Plan ............................................................................................ 24
7.3 Electronic Discharge Monitoring Report ................................................................................ 25
7.4 Compliance Schedule .............................................................................................................. 25
7.5 Standard Conditions ................................................................................................................ 26
8.0 OTHER LEGAL REQUIREMENTS .......................................................................................... 26
8.1 Ocean Discharge Criteria ........................................................................................................ 26
8.2 Endangered Species Act .......................................................................................................... 27
8.3 Essential Fish Habitat .............................................................................................................. 27
8.4 Permit Expiration .................................................................................................................... 28
9.0 REFERENCES ............................................................................................................................... 29
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TABLES
Table 1: Design Criteria for the KFRC ..................................................................................................................................8
Table 2: Outfall 001A - Effluent Limits and Monitoring Requirements .............................................................................11
Table 3. Summary of DEC CORMIX Inputs .......................................................................................................................16
Table 4. Interim Total Residual Chlorine Effluent Limits ...................................................................................................26
Table B- 1: Reasonable Potential Analysis Results .............................................................................................................34
FIGURES
Figure 1: Kodiak Fisheries Research Center Facility Vicinity Map ......................................................................................6
Figure 2: Kodiak Fisheries Research Center Process Flow Diagram ....................................................................................6
Figure 3: Kodiak Fisheries Research Center Process Flow Diagram After 2024 Upgrades .................................................7
Figure 4: Kodiak Fisheries Research Center Chronic and Acute Mixing Zone ..................................................................16
LIST OF APPENDICES
APPENDIX A: BASIS FOR EFFLUENT LIMITS .........................................................................................................30
REASONABLE POTENTIAL DETERMINATION .............................................................................32
EFFLUENT LIMIT CALCULATION ...................................................................................................35
MIXING ZONE ANALYSIS CHECKLIST ..........................................................................................39
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1.0 INTRODUCTION
1.1 Applicant
This fact sheet provides information on the Alaska Pollutant Discharge Elimination System (APDES) permit for the
following entity:
Permittee:
Facility:
Kodiak Island Borough
Kodiak Fisheries Research Center
APDES Permit Number: AK0062282
Facility Location: 301 Research Ct.
Kodiak, AK 99615
Mailing Address: 710 Mill Bay Road, Kodiak, AK 99615
Facility Contact: Mr. Dave Conrad
The map in Fact Sheet Part 2.1 shows the approximate locations of the Kodiak Fisheries Research Center (KFRC) and
the location of the outfall.
1.2 Authority
Section 301(a) of the Clean Water Act (CWA) and Alaska Administrative Code (AAC) 18 AAC 83.015 provide that the
discharge of pollutants to water of the U.S. is unlawful except in accordance with an APDES permit. The individual
permit issuance is being developed per 18 AAC 83. A violation of a condition contained in the Permit constitutes a
violation of the CWA and subjects the permittee of the facility with the permitted discharge to the penalties specified in
Alaska Statutes (AS) 46.03.760 and AS 46.03.761.
1.3 Permit History
The Kodiak Island Borough submitted an application for a National Pollutant Discharge Elimination System (NPDES)
permit on November 30, 2022. After initial review, The Department determined that a mixing zone application form 2M
would be required. Follow up application materials were received through August 4, 2023. DEC determined the
application administratively complete on August 10, 2023.
2.0 BACKGROUND
2.1 Facility Information
KFRC is an existing multi-agency laboratory and office building, housing fisheries research teams from the National
Marine Fisheries Service, Alaska Department of Fish and Game, and the Kodiak Regional Aquaculture Association. The
facility was originally developed in response to the 1989 Exxon-Valdez Oil Spill and construction was partially funded
by settlements received from the spill from Exxon. KFRC was completed in 1998 and includes a display aquarium, touch
tanks, and research aquariums, all of which use filtered and raw seawater from two intake structures located in Trident
Basin, on the east side of Near Island in Kodiak. Effluent from these sources is routed to a wastewater sump and treated
onsite before being discharged at a marine outfall to Trident Basin in Chiniak Bay. The effluent prior to treatment
consists mainly of filtered seawater and potential fecal matter from the crab and fish in the touch tanks and aquaculture
laboratories. The laboratories are regularly cleaned with a chlorinated solution, resulting in a low chlorine residual in the
effluent. Domestic wastewater from KFRC is not included in this discharge permit, instead being routed to the sanitary
sewer system. Figure 1 shows a map of KFRC and Figure 2 shows a diagram of the wastewater system flows and
sources. Figure 3 shows a diagram of the treatment system with upgrades that are scheduled to be completed in 2024
identified.
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Figure 1: Kodiak Fisheries Research Center Facility Vicinity Map
Figure 2: Kodiak Fisheries Research Center Process Flow Diagram
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Figure 3: Kodiak Fisheries Research Center Process Flow Diagram After 2024 Upgrades
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Untreated influent seawater enters the KFRC via two ten-inch diameter intake pipes identified as intake line A
and intake line B. Intake line A extends approximately 500 feet offshore into Trident Basin to a depth of 70 feet
below Mean Lower Low Water (MLLW). Intake line B extends approximately 700 feet offshore into Trident
Basin to a depth of approximately 35 feet below MLLW. The intake lines discharge influent seawater into an
onshore pumphouse. Duplex vertical turbine pumps located in the sea water pumphouse above the wet well
draw seawater from the well and discharge it through three sand filters to an 8,000-gallon filtered seawater
reservoir. The building domestic water supply system enters the main facility on the north side of the building
and in the mechanical room from where it is distributed throughout the building.
Spent seawater from tanks and lab trench drains is gravity feed to the contaminated spent seawater collection
sump. Spent seawater from the sump is pumped through three high-rate sand filters that are periodically
backwashed utilizing a potable water supply. Filter backwash is routed to the sanitary sewer. After filtration the
current treatment system has a chorine injection system that is only used when chlorine residuals are not already
present in the waste stream from cleaning operations. Upgrades scheduled to be completed in 2024 will replace
the chlorine disinfection with 2 parallel ultraviolet (UV) treatment units each capable of treating 250 gpm with
one unit functioning as a backup. Each UV treatment unit will be followed by a contact chamber. After
disinfection, treated spent seawater flows past the final effluent sample port and through a 12-inch discharge
line to Trident Basin.
2.2 Wastewater Treatment
The permit is limited to non-domestic wastewater discharges. Wastewater discharged from the KFRC is limited
to spent seawater, filtered and treated from animal habitats and tanks. The seawater discharge treatment system
consists of sand filters and a chlorine disinfection system, only used when the chlorine residual in the effluent is
not present. Ozone disinfection was part of the original treatment design but does not function. Upgrades to the
facility currently underway will replace the non-functional ozone equipment with a UV disinfection system and
replace the existing media in the pressure sand filter vessels. Flow, temperature, UVT and pH will be monitored
via online instruments. Construction is planned to be complete in the summer of 2024. The facility is also in the
process of designing and installing a dechlorination system under a compliance schedule that must be
completed within 2 years of the permit effective date. The installation of the dechlorination system must occur
after the disinfection step and prior to final effluent sampling.
All domestic wastewater from the laboratories and the facility’s public services discharges separately to the
permitted Kodiak Wastewater Treatment Facility.
Wastewater discharges from operations at the KFRC to a catch basin located outside the building, the Seawater
Vault, at a maximum rate of approximately 250 gpm. From the Seawater Vault, effluent flows through a
diffuser at the end that consists of a 12-ft long section of 12-in diameter HDPE with 4 rows of 2-inch diameter
holes, 6-inches on center, with a blind flange at the end of the pipe to force the water out of the holes extending
approximately 160 feet into Trident Basin and terminating at a depth of 13 feet below MLLW at Outfall 001A,
located between Near Island where the KFRC facility is located and Holiday Island around 2000 feet away to
the East. Outfall 001A is a single port discharge unit without a diffuser. Design criteria for the KFRC is
provided in Table 1.
Table 1: Design Criteria for the KFRC
Design Flow Rate 110,880 gallons per day (gpd)
2.3 Pollutants of Concern
The KFRC discharges spent seawater, filtered and treated from tanks containing live sea creatures, but no
mammals or birds. Pollutants of concern in the effluent of the KFRC Facility are 5-day biological oxygen
demand (BOD5), total suspended solids (TSS), total settleable solids (settleable solids), fecal coliform (FC)
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bacteria, temperature, enterococci bacteria (enterococci), total residual chlorine (TRC), dissolved oxygen (DO),
and pH.
2.4 Compliance History
No compliance history exists because KFRC is a newly permitted facility.
3.0 EFFLUENT LIMITS AND MONITORING REQUIREMENTS
3.1 Basis for Permit Effluent Limits
Per 18 AAC 83.015, the Department prohibits the discharge of pollutants to waters of the U.S. unless the
permittee has first obtained a permit issued by the APDES Program that meet the purposes of AS 46.03 and is
in accordance with the CWA Section 402. Per these statutory and regulatory provisions, the Permit includes
effluent limits that require the discharger to (1) meet standards reflecting levels of technological capability, (2)
comply with 18 AAC 70 –WQS, and (3) comply with other state requirements that may be more stringent.
The CWA requires that the limits for a particular pollutant be the more stringent of either technology-based
effluent limits (TBELs) or WQBELs. TBELs are set according to the level of treatment that is achievable using
available technology. A WQBEL is designed to ensure that the Alaska Water Quality Standards (WQS) of a
water body are met. WQBELs may be more stringent than TBELs. There are no applicable Effluent Limitation
Guidelines (ELGs) mandating TBELs promulgated to control the facility’s discharge, and the Department has
not proposed to implement any case-by-case TBELs derived using Best Professional Judgment. The permit
contains WQBELS for DO, pH, FC bacteria, chlorine, and enterococci.
The following section summarizes the proposed effluent limits. A more expansive technical and legal basis for
the proposed effluent limits is provided in the Fact Sheet Appendix A.
3.2 Basis for Effluent and Receiving Water Monitoring
In accordance with AS 46.03.110(d), the Department may specify in a permit the terms and conditions under
which waste material may be disposed. Monitoring in a permit is required to determine compliance with
effluent limits. Monitoring may also be required to gather effluent and receiving water data to determine if
additional effluent limits are required and/or to monitor effluent impact on the receiving water body quality.
3.3 Effluent Limits and Monitoring Requirements
The following summarizes the proposed effluent limits. More expansive technical and legal basis for the
proposed effluent limits is provided in Appendix A – Basis for Effluent Limitations.
The permit requires monitoring of the effluent for DO, pH, FC bacteria, total residual chlorine, and enterococci
bacteria to determine compliance with the permit WQBELs. In addition, the permit includes requirements to
monitor the effluent for temperature, BOD5, total suspended solids, settleable solids, and total residual chlorine.
Data will be used to conduct future reasonable potential analysis to determine if discharges of these parameters
might cause an exceedance of the WQS in the receiving waterbody.
Monitoring frequencies are based on the nature and effect of the pollutant, as well as a determination of the
minimum sampling necessary to adequately monitor the facility’s performance. The permittee has the option of
taking more frequent samples than required under the permit. These additional samples must be used for
averaging (for pollutants results reported on a monthly or weekly average) if they are conducted using the
Department – approved test methods (generally found in 18 AAC 70 and 40 CFR Part 136 [adopted by
reference in 18 AAC 83.010]).
For all effluent monitoring, the permittee must use a sufficiently sensitive EPA approved test method that
quantifies the pollutants to a level lower than applicable limits or water quality standards or use the most
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sensitive test method available, per Title 40 Code of Federal Regulations (CFR) §136 (Guidelines Establishing
Test Procedures for the Analysis of Pollutants), adopted by reference at 18 AAC 83.010(f).
The permit establishes WQBELs at Outfall 001A with effluent limits for pH, DO, FC bacteria, total residual
chlorine, and enterococci bacteria.
The WQS-WQBEL pH limits are 6.5 Standard Units (S.U.) as the minimum daily limit and 8.5 S.U. as the
maximum Daily limit. The monitoring frequency is established at once per week. More information about pH
can be found in the Fact Sheet Appendix A.
The WQS-WQBEL for DO is 6.0 mg/L and the maximum daily limit for is 17.0 mg/L. The monitoring
frequency of DO monitoring is established at once per week. More information about DO can be found in the
Fact Sheet Appendix A.
The WQS-WQBEL for FC bacteria is 43 fecal coliform colonies per 100 milliliters (FC/100 mL) daily
maximum limit and a 30-day geomean of 14 FC/100 mL as the Average Monthly Limit (AML). A monitoring
frequency of once per month is established. More information about FC can be found in the Fact Sheet
Appendix A.
The WQS-WQBEL for enterococci is included in the permit. Enterococci are indicator organisms of harmful
pathogens in marine water and are a better indicator of acute gastrointestinal illness than FC. The Department
has determined the maximum daily limit of 130 colony-forming units per 100 milliliters (cfu/100 mL) and a 30-
day geomean of 35 cfu/100 mL AML are appropriate and consistent with WQS for enterococci. The permit
requires monthly monitoring for enterococci during the summer season only. The summer season is defined as
the period of May 1 to September 30, to be consistent with the recommended contact recreation Water Quality
Criteria (WQC) for marine waters during the summer season when contact recreation is more likely to occur.
Enterococci monitoring is required to be performed in conjunction with FC monitoring. More information about
enterococci can be found in the Fact Sheet Appendix A.
Total residual chlorine is the driver of the chronic and acute mixing zones. A reasonable potential analysis
(RPA) on 140 sample results determined that effluent cannot meet applicable WQS for chlorine in marine
receiving water. Temporary limits have been established based on the mixing zone analysis. More information
about the total residual chlorine RPA can be found in Fact Sheet Appendix B. A compliance schedule for
installing a dechlorination system will result end of pipe WQS-WQBELs after completion. More information
about the compliance schedule for disinfection can be found in Fact Sheet Section 7.4.
A monitoring requirement for temperature is included in the permit. Seawater discharged to receiving water
after it has been circulated through a heated building has the potential to influence the ambient temperature of
the receiving water. The Department has determined that temperature monitoring on a weekly frequency will
provide information for a reasonable potential analysis during the next permit reissuance. More information
about temperature can be found in the Fact Sheet Appendix A.
A monitoring requirement for total settleable solids is included in the permit. There is reasonable potential for
increasing solids in the effluent above natural conditions through standard operations. The routing of filter
backwashing to the sanitary sewer should mitigate potential for excess solids in the effluent. The permit
requires the daily maximum to be reported for total settleable solids monitoring once per quarter to provide data
to determine if continued monitoring or new effluent limits will be required in the next permit reissuance.
A monitoring requirement for TSS is included in the permit. TSS is a conventional pollutant found in
wastewater. The permit requires the daily maximum for TSS to be reported to provide data to determine if
continued monitoring or new effluent limits will be required in the next permit cycle. The permit requires TSS
monitoring frequency to be once per quarter.
A monitoring requirement for BOD5 is included in this permit. BOD5 is a conventional pollutant found in
wastewater. The permitted discharge has the potential to introduce components contributing to BOD5 by
housing various organisms in its flow-through research tanks. The permit requires the daily maximum to be
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reported for BOD5 once per quarter to provide data to determine if continued monitoring or new effluent limits
will be required in the next permit reissuance.
Table 2 presents the effluent monitoring requirements for Outfall 001A.
Table 2: Outfall 001A - Effluent Limits and Monitoring Requirements
Parameter
Effluent Limits Monitoring Requirements
Units a Daily
Minimum
Monthly
Average
Weekly
Average
Daily
Maximum
Sample
Location
Sample
Frequency
Sample
Type
Total Discharge Flow gpd N/A Report Report 110,880 Effluent 1/Week Recorded
Biochemical Oxygen
Demand (BOD5) mg/L N/A Report Report Report Effluent 1/Quarter b
24-hour
Composite c
or Grab
Total Suspended
Solids (TSS) mg/L N/A N/A N/A Report Effluent 1/Quarter
24-hour
Composite
or Grab
Total Settleable
Solids
Volume
% N/A N/A N/A Report d Effluent 1/Quarter
24-hour
Composite
or Grab
Temperature o C N/A N/A N/A Report Effluent 1/Week Grab
pH S.U. 6.5 N/A N/A 8.5 Effluent 1/Month Grab
Dissolved Oxygen
(DO) mg/L 6.0 N/A N/A 17.0 Effluent 1/Month Grab
Total Residual
Chlorine (TRC)e mg/L N/A 0.0075 N/A 0.013 Effluent 3/Week Grab
Fecal Coliform
Bacteria (FC)
FC/
100 mL N/A 14 f N/A 43 g Effluent 1/Quarter Grab
Enterococci Bacteria cfu/
100 mL N/A 35 f N/A 130 g Effluent 1/Quarter h Grab
Footnotes:
a. Units: gpd = gallons per day, mg/L = milligrams per liter, Volume % = per cent of volume, S.U. = standard units, o C = degrees
Centigrade, FC/100 mL = Fecal Coliform per 100 milliliters, and cfu/100 mL = colony forming units per 100 milliliters.
b. Once per quarter means once every three months based on the calendar year beginning with January: Jan–March, April–June, July–
Sept, and Oct–Dec.
c. See Appendix C for definition.
d. No measurable increase in concentration of settleable solids above natural conditions, as measured by the volumetric Imhoff cone
method.
e. The TRC effluent limits are not quantifiable using EPA-approved analytical methods. DEC will use the minimum level (ML) of 0.1
mg/L as the compliance evaluation level for this parameter.
f. If more than one FC or enterococci bacteria sample is collected within the reporting period, the average results must be reported as
the geometric mean. When calculating the geometric mean, replace all results of zero, 0, with a one, 1. The geometric mean of “n”
quantities is the “nth” root of the quantities. For example, the geometric mean of 100, 200, and 300 is (100 x 200 x 300)1/3= 181.7.
g. If fewer than ten samples are collected within a 30-day period, the effluent limit cannot be exceeded. If ten or more samples are
collected within a 30-day period, not more than 10% of the samples may exceed the effluent limit.
h. One sample shall be collected for each of two quarters defined as May-June and July-September, on the same day as a fecal
coliform bacteria sample is collected.
3.4 Priority Pollutant Scan
The permit establishes a requirement for a one-time Outfall 001A effluent Priority Pollutant Scan (for the 126
pollutants identified in Appendix A of 40 CFR Part 423 [adopted by reference at 18 AAC 83.010(g)(3)]). The
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Priority Pollutant Scan requirement is included because of lab operations at KFRC and the potential for
unknown contaminants. The Priority Pollutant Scan will allow for further evaluation of the discharge for
pollutants of concern at the first permit reissuance. The Priority Pollutant Scan must be completed once during
the permit period. The effluent sample for must be representative. The sample should be taken during normal
operations at the facility when lab activities are occurring and resulting in contributions to the KFRC effluent.
The results of the analysis must be submitted with the reapplication package due 180 days before permit
expiration.
3.5 Receiving Waterbody Limits and Monitoring
Trident Basin in Chiniak Bay is protected for the following uses per 18 AAC 70.020(a)(2)(A) – (D): water
supply for aquaculture, seafood processing, and industrial uses; water recreation, both contact and secondary
recreation; growth and propagation of fish, shellfish, other aquatic life, and wildlife and harvesting for
consumption of raw mollusks or other raw aquatic life. no receiving water monitoring is required in the permit.
4.0 RECEIVING WATER BODY
4.1 Description of Receiving Waterbody
Trident Basin in Chiniak Bay is a on the eastern side of Kodiak Island in Southeast Alaska, located South of the
city of Kodiak. It is classified in Category 2 (as a water with water quality information that is insufficient to
determine an appropriate decision recommendation) in Alaska’s Final 2022 Integrated Water Quality
Monitoring and Assessment Report (Alaska’s 2022 Integrated Report), September 15, 2022. The bay has a
maximum length of approximately 11 miles and a maximum width of approximately 8.5 miles. The seafloor of
the bay is composed of glacial sediments overlying metamorphic bedrock of primarily Triassic age. Trident
Basin is located between Near Island and Holiday and Crooked Islands within Chiniak Bay.
4.2 Outfall Description
The KFRC Facility intermittently discharges treated effluent from Outfall 001A into Trident Basin at a depth of
approximately 13 feet below the surface of the water. The discharge pipe is a submerged 12 inch diameter pipe
that has a diffuser at the end that consists of a 12-ft long section of 12-in diameter HDPE with 4 rows of 2-inch
diameter holes, 6-inches on center, with a blind flange at the end of the pipe to force the water out of the holes
extending approximate 160 feet from shore at the KFRC Facility to the outfall terminus at a maximum design
flow rate of approximately 110,880 gpd. The outfall terminus is located between Near Island and Holiday Island
at geographic coordinates 57.782219o North latitude and 152.392981○ West longitude.
4.3 Water Quality Standards
Section 301(b)(1)(C) of the CWA required the development of limits in permits necessary to meet water quality
standards by July 1, 1977. Per 18 AAC 83.435, APDES permits must include conditions to ensure compliance
with WQS. The state’s WQS are composed of waterbody use classifications, numeric and/or narrative water
quality criteria, and an Antidegradation policy. The use classification system identifies the designated uses that
each waterbody is expected to achieve. The numeric and/or narrative water quality criteria are the criteria
deemed necessary by the state to support the designated use classification of each waterbody. The
Antidegradation policy ensures that the existing uses and the level of water quality necessary to protect the uses
are maintained and protected.
Water bodies in Alaska are designated for all uses unless the water has been reclassified under 18 AAC 70.230
as listed under 18 AAC 70.230(e). Some waterbodies in Alaska can also have site–specific water quality
criterion per 18 AAC 70.235, such as those listed under 18 AAC 70.236(b). The receiving water for this
discharge, Chiniak Bay, has not been reclassified, nor have site-specific water quality criteria been established.
Therefore, existing uses and designated uses are the same and Chiniak Bay must be protected for all marine
water use classes listed in 18 AAC 70.020(a)(2)(A-D): water supply for aquaculture, seafood processing, and
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industrial uses; water recreation, both contact and secondary recreation; growth and propagation of fish,
shellfish, other aquatic life, and wildlife and harvesting for consumption of raw mollusks or other raw aquatic
life.
4.4 Water Quality Status of Receiving Water
Any part of a waterbody for which the water quality does not or is not expected to meet applicable WQS is
defined as a “water quality limited segment” and placed on the State’s impaired water body list. For an impaired
waterbody, Section 303(d) of the CWA requires states to develop a Total Maximum Daily Load (TMDL)
management plan. The TMDL documents the amount of a pollutant a waterbody can assimilate without
violating a state’s WQS and allocates that load to known point sources and nonpoint sources.
Chiniak Bay is not included on the State of Alaska 2022 Final Integrated Water Quality Monitoring and
Assessment Report. The report is no longer published, findings are accessed through the EPA How’s My
Waterbody website at: https://mywaterway.epa.gov/state/AK/water-quality-overview. No TMDL has been
prepared for Chiniak Bay.
4.5 Mixing Zone Analysis
In accordance with 18 AAC 70.240, the Department may authorize a mixing zone in a permit. Determination of
the mixing zone requires an evaluation of critical conditions of the flow regimes of the receiving waterbody,
effluent characterization and concentration projections, and discharge rates. These critical conditions are
addressed in the permit application. A chronic mixing zone is sized to protect the ecology of the waterbody as a
whole and an acute mixing zone is sized to prevent lethality to passing organisms.
The acute and chronic mixing zones and calculated dilution factors were calculated based on facility effluent
data, the APDES Permits Reasonable Potential Analysis and Effluent Limits Development Guide, and modeled
using CORMIX modeling software. Inputs included the maximum expected effluent concentrations and the
acute and chronic WQ criteria of parameters that demonstrated RP (see Appendix A for details on the RPA), as
well as any site-specific discharge and ambient data. Chlorine was the parameter that required the most dilution
and the determined the acute and chronic mixing zone sizes necessary to achieve chlorine WQS at the boundary
of the mixing zone. The most stringent criterion for chlorine is the chronic criteria for the protection of aquatic
life for marine water. The WQC for chlorine in the Toxics Manual are given as 7.5 µg/L for the 4-day average
for chronic criterion and 13 µg/L for the 1-hour average acute criterion. No other parameters needed a chronic
mixing zone to meet their respective water quality criterion.
For the critical upstream concentrations of chlorine present in the receiving water, it was assumed for the RPA
there was no chlorine present in receiving water. Chlorine is unstable in the environment readily breaks down
with exposure to organics and sunlight.
DEC received the Kodiak Island Boroughs mixing zone application on August 4, 2023. As part of the
application, AWR Engineering on behalf of the Kodiak Island Borough prepared a data summary of the effluent
data collected as well as the results of the expanded effluent monitoring. AWR Engineering used the Cornell
Mixing Zone Expert System (CORMIX) modeling program, a widely used and broadly accepted modeling tool.
To simulate reasonable worst-case conditions, the following were used in the mixing zone modeling: the
facility’s maximum effluent flow rate of 250 gallons per minute (gpm) based on pump size and calculated
Maximum Projected Effluent Concentrations (MECs) for chlorine. AWR Engineering compiled an effluent data
summary and subsequently performed a Reasonable Potential Analysis (RPA) following the DEC’s
recommended RPA procedures (DEC 2009 and Tetra Tech 2013). In the analysis, AWR Engineering
determined that chlorine was the driving parameter for the chronic mixing zone dimensions. AWR Engineering
modeled the discharge as a non-toxic discharge in CORMIX with a water quality standard of 0.0075 mg/L. This
resulted in a single proposed chronic mixing zone which did not provide a mixing zone model for the marine
water quality acute criterion. The Kodiak Island Borough requested the temporary authorization of a mixing
zone for chlorine while the facility implements dechlorination.
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In accordance with 18 AAC 70.240, DEC modeled the acute and chronic mixing zones and calculated dilution
factors using the CORMIX version 12.0 modeling program. DEC’s models yielded a different chronic mixing
zone size than what was proposed by the Kodiak Island Borough, as well as an acute mixing zone also driven
by total residual chlorine. DEC’s analysis was based on inputs to CORMIX that included the MECs and the
acute and chronic WQS numeric criteria of chlorine, the only parameter that demonstrated reasonable potential
(RP) to exceed water quality criteria at the end of pipe prior to discharge, as well as site-specific discharge and
ambient data, effluent total residual chlorine data gathered by KFRC and the peak flow rate of 250 gpm to
represent peak flow to Trident Basin (See Appendix A for details on the RPA).
Differences between the Kodiak Island Borough and DEC’s CORMIX models were due to DEC using a
maximum expected concentration (MEC) of chlorine calculated using the RPA tool guidelines which
incorporates a reasonable potential multiplier that increased the MEC above what was modeled by AWR
Engineering. DEC also incorporated receiving water current data that in the place of presumed wind driven
current data at slack tide used by AWR Engineering. DEC used a current study that was performed by the
National Ocean and Atmospheric Association (NOAA) in 2009. Station “KOD0904” was placed at 57° 48.347'
North latitude and at 152° 20.060' West longitude, placing it approximately 2.7 miles northeast of the outfall
terminus. This study occurred May 29, 2009, through July 11, 2009 and currents were measured at six minutes
intervals at multiple depths. The Department elected to use only data from the 6.1-10.1-meter (20-33 foot)
depths as it was most representative of the depths that occur at the diffuser. Using the NOAA data the
Department determined the 90th percentile current measured was 48.6 cm/s, the 50th percentile current
measured was 22.1 cm/s and the 10th percentile current measured was 5.5 cm/s. The maximum current
observed was 116.3 cm/s. These speeds were all used in the Department’s CORMIX modelling effort. The final
model selected the 10th percentile current as described in this fact sheet section.
In DEC’s analysis, total residual chlorine required the most dilution as the only parameter that demonstrated RP
to exceed water quality criteria, and therefore determined the final chronic mixing zone size. The chronic
chlorine mixing zone has a dilution factor of 131.9. The chronic mixing zone has a length of 254.4 meters,
parallel to the prevailing currents centered at Outfall 001A to account for tidal reversal, and a width of 7.0
meters. The WQC may be exceeded within the authorized chronic mixing zones. All WQC will be met and
apply at the boundary of the chronic mixing zone.
There is a smaller, initial, acute mixing zone surrounding the outfall and contained within the larger chronic
mixing zone with total residual chlorine as the driving parameter. The acute mixing zone has a dilution factor of
76.1, with a length of 52.4 meters and a width of 5.7 meters. Acute aquatic life criteria will be met and apply at
and beyond the boundary of this smaller initial mixing zone surrounding the outfall.
According to EPA (1991) and 18 AAC 70.240, lethality to passing organisms would not be expected if an
organism passing through the plume along the path of maximum exposure is not exposed to concentrations
exceeding the acute criteria when averaged over a one-hour time period. Furthermore, the travel time of an
organism drifting through the acute mixing zone must be less than approximately 15 minutes if a one-hour
exposure is not to exceed the acute criterion. DEC determined that the travel time of an organism drifting
through the acute mixing zone to be approximately 6.4 minutes; therefore, there will be no lethality to
organisms passing through the acute mixing zone.
Other data required for the mixing zone modeling included: the input of receiving water characteristics at the
outfall, such as the depth of the receiving water at the outfall, the ambient velocity, wind velocity, bank
configuration and distance of the outfall from the bank, and other features. Based on the inputs, CORMIX
predicted the distance at which the parameters would meet WQC as well as the corresponding dilution at the
point. Table 9 provides a list of inputs used in the CORMIX modeling program. Figure 4 shows a map view of
the chronic and acute mixing zones.
Fact Sheet Appendix D outlines criteria that must be met in order for the Department to authorize a mixing
zone. These criteria include the size of the mixing zone, treatment technology, existing uses of the waterbody,
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human consumption, spawning areas, human health, aquatic life, and endangered species. The following
summarizes the Department’s mixing zone analysis.
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Figure 3: Kodiak Fisheries Research Center Chronic and Acute Mixing Zone
Table 3. Summary of DEC CORMIX Inputs
Parameter Modeled Maximum Expected
Concentration
Ambient
Concentration
Chronic Water
Quality Criterion
Acute Water
Quality Criterion
Total Residual Chlorine 0.989 mg/L 0.0 mg/L 0.0075 mg/L 0.013 mg/L
Outfall Characteristics
Outfall Type & Length Single 12-inch pipe extending approximately 45 meters from shore, pipe opening orientated
perpendicularly to prevalent tidal currents.
Port Height above Streambed 0.16 meters (m)
Effluent Characteristics
Flow Rate 0.250 mgd peak flow
Effluent Velocity 0.22 meters per second (m/s)
Density 1023.26 kilograms per cubic meter (kg/m3)
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Ambient Receiving Water Conditions
Discharge Depth 6.4 m
Wind Speed 2.0 m/s
Receiving water current velocity 0.0557 m/s
Manning’s n 0.02
Density (Uniform) 1023.62 kg/m3
4.5.1 Size
In accordance with 18 AAC 70.240(k), the mixing zone must be as small as practicable. In order to ensure that
the mixing zone is as small as practicable, DEC used CORMIX to model the chronic and acute mixing zones for
seasonal flow rates, effluent temperatures, effluent flow rates and ambient density profiles. 18 AAC
70.240(b)(2) requires the Department to consider the characteristics of the effluent after treatment of the
wastewater. DEC reviewed effluent data from total residual chlorine monitoring from 2/17/2022 through
11/22/2022 and Kodiak Island Borough’s wastewater discharge application, Form 2C, to determine which
parameters had RP to exceed WQ criteria at the end of pipe, and then which of the parameters required the most
dilution to meet WQ criteria for the chronic and acute mixing zones. Total residual chlorine the only pollutant
that requires dilution in the chronic mixing zone and therefore is the driving parameter. Chlorine required the
most dilution in the chronic mixing zone to meet WQ criteria for aquatic life for marine water. Total residual
chlorine was modeled in CORMIX to determine the smallest practicable chronic mixing zone size.
The maximum expected concentrations for Total residual chlorine, corresponding chlorine aquatic life for
marine water WQ criteria were entered into CORMIX. The Department assumed the ambient concentration of
total residual chlorine was zero because of the reactive nature of chlorine in the environment.
In accordance with 18 AAC 70.240, the Department determined that the size of the mixing zone for the KFRC
discharge is appropriate. This is the first permit issued to KRFC and the compliance schedule for implementing
dechlorination will eliminate the mixing zone for chlorine during the permit effective period. The relationship
between dilution, discharge factors, and mixing zone sizes is predicted by CORMIX modeling.
Per 18 AAC 83.135 (b)(2), the Department has cause to modify a permit when the Department receives new
information that was not available at the time of permit issuance, and the new information would have justified
the imposition of different permit conditions at the time of issuance.
The acute mixing zone, driven by chlorine, is sized according to the dilution required by chlorine to meet acute
marine aquatic life WQ criteria. The acute mixing zone is based data from three times per week effluent
sampling of total residual chlorine submitted by the permittee from February 2022 to November 2022. The
CORMIX model indicates that the water quality criteria would be met relatively rapidly, approximately parallel
to the direction of the ambient currents. The mixing zone is sized to ensure: 1) the water quality criteria found in
18 AAC 70 are met at the boundary of the mixing zones, 2) the mixing zone is as small as practicable, and 3)
compliance with all other applicable mixing zone regulations.
4.5.2 Technology
In accordance with 18 AAC 70.240(c)(1), the Department finds that available evidence reasonably demonstrates
that the wastewater at KFRC will be treated to remove, reduce, and disperse pollutants using methods found by
the Department to be the most effective and technological and economical feasible, consistent with the highest
statutory and regulatory treatment requirements.
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The KFRC treatment system includes filtration, disinfection, and monitoring systems that are comparable to
similar permitted seawater systems. After facility upgrades and the permit compliance schedule for
dechlorination are completed the facility will no longer need a mixing zone for chlorine.
4.5.3 Existing Use
In accordance with 18 AAC 70.240(c)(2) and (3) and 18 AAC 70.240(c)(4)(B) and (C), the mixing zone has
been appropriately sized to fully protect the existing uses of Trident Basin. Water quality criteria are developed
to specifically protect the uses of the waterbody as a whole. Therefore, if the water quality criteria are met in the
waterbody, then the existing uses are protected. Given that water quality criteria will be met at, and beyond, the
boundary of the chronic mixing zone, the designated and existing uses beyond the boundary of the chronic
mixing zone will be maintained and fully protected under the terms of the permit as required in 18 AAC
70.240(c).
Monitoring submitted with the permit application indicate that the discharge neither partially nor completely
eliminates an existing use of the water body outside of the mixing zone boundary. Exposure to acute
concentrations of chlorine from the effluent in the acute mixing zone would be no more than 6.4 minutes at
critical conditions. Mixing zone modeling suggests that mixing is adequate to ensure full protection of uses of
the water body outside of the mixing zone. Additionally, the permittee is required to implement dechlorination
that will eliminate the mixing zone for chlorine under a compliance schedule during the first two years of
permit. Therefore, the Department considers a mixing zone appropriate.
DEC has determined that the existing uses and biological integrity of the waterbody will be maintained and
fully protected under the terms of the permit as required at 18 AAC 70.240(c)(2) and (3) .and 18 AAC
70.240(c)(4)(B) and (C).
4.5.4 Human Consumption
In accordance with the conditions of the permit, and in accordance with 18 AAC 70.240(d)(6) the pollutants
discharged cannot produce objectionable color, taste, or odor in aquatic resources harvested for human
consumption.
There is no indication that the pollutants discharged have produced objectionable color, taste, or odor in aquatic
resources harvested for human consumption. Additionally, the discharge has not precluded or limited
established processing activities or commercial, sport, personal use, or subsistence fish and shellfish harvesting.
DEC has determined that application data and available mixing zone modeling suggests that pollutants
discharged will neither produce objectionable color, taste, or odor in harvested aquatic resources for human
consumption, per 18 AAC 70.240(d)(6)
4.5.5 Spawning Areas
In accordance with 18 AAC 70.240(f), in lakes, streams, rivers, or other flowing fresh waters, a mixing zone
will not be authorized in a spawning area for Arctic grayling northern pike lake trout, brook trout, sheefish,
burbot, landlocked coho salmon, chinook salmon, sockeye salmon, or anadromous or resident rainbow trout,
Arctic char, Dolly Varden, whitefish, or cutthroat trout. Discharges to fresh waters are not authorized under the
permit, therefore this condition is met.
4.5.6 Human Health
In accordance with 18 AAC 70.240(d)(1), the mixing zone will not result in pollutants discharged at levels that
will bioaccumulate, bioconcentrate, or persist above natural levels in sediments, water, or biota to significantly
adverse levels, based on consideration of bioaccumulation and bioconcentration factors, toxicity, and exposure.
18 AAC 70.240(d)(2) states that the mixing zone may not present an unacceptable risk to human health from
carcinogenic, mutagenic, teratogenic, or other effects as determined using risk assessment methods approved by
DEC and consistent with 18 AAC 70.025. An analysis of the effluent data that was included with the Kodiak
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Island Borough application for a permit and the results of the RPA conducted on pollutants of concern indicated
that the level of treatment is protective of human health. The effluent data was then used in conjunction with
applicable WQC, which serve the purpose of protecting human and aquatic life, to size the mixing zone to
ensure all WQC are met in the waterbody at the boundary of the mixing zone.
The only parameter included in the mixing zone is total residual chlorine (TRC). TRC is not known to
bioaccumulate and does not have human health criteria under the Alaska Water Quality Criteria Manual for
Toxic and Other Deleterious Organic and Inorganic Substances as amended through September 8, 2022.
Therefore, the mixing zone sized to be protective of the most stringent WQ criteria for marine aquatic life is
also protective of human health.
DEC has determined that the permit satisfied 18 AAC 70.240(d)(1) and 18 AAC 70.240(d)(2), and that the level
of treatment at the KFRC is protective of human health.
4.5.7 Aquatic Life and Wildlife
In accordance with 18 AAC 70.240, pollutants for which the mixing zone will be authorized will not result in
concentrations that result in undesirable or nuisance to aquatic life, cause permanent or irreparable displacement
of indigenous organisms, or a reduction in fish or shellfish population levels. Nor will the discharge form a
barrier to migration or prevent zone of passage in the receiving water. CORMIX modeling conducted for this
discharge to Trident Basin incorporated the most stringent WQ criteria in the model for protection of the growth
and propagation of fish, shellfish, other aquatic life, and wildlife, and all WQ criteria will be met at the
boundary of the authorized mixing zone. CORMIX models of the outfall indicate that high dilution occurs
relatively rapidly, and pollutants discharged will have a relatively short residence time in the mixing zones prior
to mixing to WQ criteria levels occurs.
DEC determined that the mixing zones will not create a significant adverse effect to fish spawning or rearing,
form a barrier to migratory species, fail to provide a zone of passage, result in undesirable or nuisance aquatic
life, result in permanent or irreparable displacement of indigenous organism, or result in reduction in fish
population levels and that 18 AAC 70.240 are met.
4.5.8 Endangered Species
In accordance with 18 AAC 70.240(c)(4)(F), the mixing zone will not cause an adverse effect on threatened or
endangered species. DEC consulted the United States Fish and Wildlife Service (USFWS) and National Marine
Fisheries Service (NMFS) websites to identify any threatened or endangered species under their jurisdiction in
the vicinity of the KFRC Outfall. See Fact Sheet Section 8.2 for summary information regarding critical habitat
and endangered species.
No detrimental effects to fauna in the area have been documented for the facility, nor does the mixing zone
appear to pose an undesirable nuisance to aquatic life. The RPA and CORMIX modeling resulted in a mixing
zone that meets WQ criteria for chlorine relatively rapidly, reducing the possibility for any threatened or
endangered species potentially in the area to come into contact with the treated wastewater. Additionally,
implementation of dechlorination under the permits compliance schedule will result in the elimination of the
mixing zone during the permit period.
Due to the short residence time of pollutants in the mixing zone, DEC has concluded that the mixing zones are
sized to not cause an adverse effect on threatened or endangered species in the vicinity of the discharge. DEC
will provide a copy of the permit and fact sheet to NMFS and USF&WS when it is publicly noticed. Any
comments received from the agencies regarding endangered species will be considered prior to issuance of the
permit.
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5.0 ANTIBACKSLIDING
18 AAC 83.480 requires that “interim effluent limitations, standards, or conditions must be at least as stringent
as the final effluent limitations, standards, or conditions in the previous permit, unless the circumstances on
which the previous permit was based have materially and substantially changed since the permit was issued, and
the change in circumstances would cause for permit modification or revocation and reissuance under 18 AAC
83.135.” 18 AAC 83.480(c) also states that a permit may not be reissued “to contain an effluent limitation that
is less stringent than required by effluent guidelines in effect at the time the permit is renewed or reissued.”
Effluent limitations may be relaxed as allowed under 18 AAC 83.480, CWA §402(o) and CWA §303(d)(4). 18
AAC 83.480(b) allows relaxed limitations in renewed, reissued, or modified permits when there have been
material and substantial alterations or additions to the permitted facility that justify the relaxation, or, if the
Department determines that technical mistakes were made.
This is the first permit issued for the KFRC. Accordingly, no further backsliding analysis is required for this
permit issuance.
6.0 ANTIDEGRADATION
Section 303(d)(4) of the CWA states that, for water bodies where the water quality meets or exceeds the level
necessary to support the water body's designated uses, WQBELs may be revised as long as the revision is
consistent with the State's Antidegradation policy. The State’s Antidegradation policy is found in the
18 AAC 70 Water Quality Standards (WQS) regulations at 18 AAC 70.015. The Department’s approach to
implementing the Antidegradation policy is found in 18 AAC 70.016 Antidegradation implementation methods
for discharges authorized under the federal Clean Water Act. Both the Antidegradation policy and the
implementation methods are consistent with 40 CFR 131.12 and approved by EPA. This section analyzes and
provides rationale for the Department’s decisions in the permit issuance with respect to the Antidegradation
policy and implementation methods.
Using the policy and corresponding implementation methods, the Department determines a Tier 1 or Tier 2
classification and protection level on a parameter-by-parameter basis. A Tier 3 protection level applies to a
designated water. At this time, no Tier 3 waters have been designated in Alaska.
18 AAC 70.015(a)(1) states that the existing water uses and the level of water quality necessary to protect
existing uses must be maintained and protected (Tier 1 protection level).
There are no marine waters (and specifically Trident Basin or Chiniak Bay) on DEC’s most recent Integrated
Report (Alaska’s 2022 Integrated Report); therefore, no parameters have been identified where only the Tier 1
protection level applies. Accordingly, this antidegradation analysis conservatively assumes that the Tier 2
protection level applies to all parameters, consistent with 18 AAC 70.016(c)(1).
18 AAC 70.015(a)(2) states that if the quality of water exceeds levels necessary to support propagation of fish,
shellfish, and wildlife and recreation in and on the water, that quality must be maintained and protected, unless
the Department authorizes a reduction in water quality (Tier 2 protection level).
The Department may allow a reduction of water quality only after the specific analysis and requirements under
18 AAC 70.016(b)(5)(A-C), 18 AAC 70.016(c)(7)(A-F), and 18 AAC 70.016(d) are met. The Department’s
findings are as follows:
18 AAC 70.016(b)(5)
(A) existing uses and the water quality necessary for protection of existing uses have been identified based on
available evidence, including water quality and use related data, information submitted by the applicant, and
water quality and use related data and information received during public comment; and
(B) existing uses will be maintained and protected; and
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(C) the discharge will not cause water quality to be lowered further where the department finds that the
parameter already exceeds applicable criteria in 18 AAC 70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b).
Per 18 AAC 70.020 and 18 AAC 70.050 all marine waters are protected for all uses; therefore, the most
stringent water quality criteria found in 18 AAC 70.020 and in the Alaska Water Quality Criteria Manual for
Toxic and Other Deleterious Organic and Inorganic Substances (Toxics manual) apply and were evaluated.
This will ensure existing uses and the water quality necessary for protection of existing uses of the receiving
waterbody are fully maintained and protected.
The permit places limits and conditions on the discharge of pollutants. The limits and conditions are established
after comparing TBELs and WQBELs and applying the more restrictive of these limits. The WQ criteria, upon
which the permit effluent limits are based, serve the specific purpose of protecting the existing and designated
uses of the receiving water. WQBELs are set equal to the most stringent water quality criteria available for any
of the protected water use classes.
The conventional pollutants of concern in wastewater in a seawater system are BOD5, TSS, and pH. Additional
wastewater pollutants of concern at the KFRC Facility are chlorine, FC bacterial, enterococci, settleable solids,
temperature, and DO. The permit includes numeric effluent limits or continued monitoring addressing each of
these pollutants of concern. The permit requires facilities to implement BMPs to minimize the production of
waste and the discharge of pollutants to waters of the U.S., to ensure that non-process wastewater facilities
provide for the protection or attainment of existing and designated uses.
Section 1.2.2 of the permit requires that the discharge shall not cause or contribute to a violation of the Alaska
WQS at 18 AAC 70. As previously stated, there are no marine waters that are listed as impaired; therefore, no
parameters were identified as already exceeding the applicable criteria in 18 AAC 70.020(b) or 18 AAC 70.030.
Marine waters covered under the permit are not listed under 18 AAC 70.236(b) as subject to site-specific
criteria and therefore does not apply.
The Department concludes the terms and conditions of the permit will be adequate to fully protect and maintain
the existing uses of the water and that the findings under 18 AAC 70.016(b)(5) are met.
18 AAC 70.016(c)(7)(A –F) if, after review of available evidence, the department finds that the proposed
discharge will lower water quality in the receiving water, the department will not authorize a discharge unless
the department finds that
18 AAC 70.016(c)(7)(A) the reduction of water quality meets the applicable criteria of 18 AAC
70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b), unless allowed under 18 AAC 70.200, 18 AAC 70.210,
or 18 AAC 70.240;
As previously stated, Section 1.2.2 of the permit requires that the discharge shall not cause or contribute to a
violation of the WQS at 18 AAC 70. WQBELs are set equal to the most stringent water quality criteria available
under 18 AAC 70.020(b) for any of the protected water use classes. Because of the nature of the permitted
discharges, other pollutants are not expected to be present in the discharges at levels that would cause, have the
reasonable potential to cause, or contribute to an exceedance of any Alaska WQS.
Fact Sheet Part 4.5: Mixing Zone Analysis of the permit requires that the discharge shall not cause a violation of
the WQS except if excursions are authorized in accordance with provisions in 18 AAC 70.200 – 70.240 (i.e.,
mixing zone, variance, etc.).
As a result of the KFRC’s reasonable potential to exceed water quality criteria chlorine, and available
assimilative capacity in the receiving water, a mixing zone is authorized in the wastewater discharge permit in
accordance with 18 AAC 70.240. More information about the KFRC mixing zone can be found in Fact Sheet
Part 4.5. The permit implements a compliance schedule to install a dechlorination system as detailed in Permit
Section 2.2 that will result in achieving end of pipe WQS for chlorine in marine water within two years. The
resulting interim effluent end-of-pipe limits prior to completion of the compliance schedule and monitoring
requirements in the permit protect water quality criteria, and therefore, will not violate the water quality criteria
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found at 18 AAC 70.020 beyond the boundary of the authorized mixing zone. A smaller acute mixing zone for
has been authorized in the permit, consistent with 18 AAC 70.240(d)(7), to ensure no lethality to passing
organisms occurs.
Site-specific criteria as allowed by 18 AAC 70.235 have not been established for Chiniak Bay, as listed in
18 AAC 70.236(b), and are therefore not applicable. The permit does not authorize short term variance or zones
of deposit under 18 AAC 70.200 or 18 AAC 70.210; therefore, does not apply.
The Department has determined the reduction of water quality meets the applicable criteria of
18 AAC 70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b), and that the finding is met.
18 AAC 70.016(c)(7)(B) each requirement under (b)(5) of this section for a discharge to a Tier 1 water is met;
See 18 AAC 70.016(b)(5) analysis and findings above.
18 AAC 70.016(c)(7)(C) point source and state-regulated nonpoint source discharges to the receiving water
will meet requirements under 18 AAC 70.015(a)(2)(D); to make this finding the department will (i) identify
point sources and state-regulated nonpoint sources that discharge to, or otherwise impact, the receiving water;
and (ii) consider whether there are outstanding noncompliance issues with point source permits or required
state-regulated nonpoint source best management practices, consider whether receiving water quality has
improved or degraded over time, and, if necessary and appropriate, take actions that will achieve the
requirements of 18 AAC 70.015(a)(2)(D); and (iii) coordinate with other state or federal agencies as necessary
to comply with (i) and (ii) of this subparagraph;
The requirements under 18 AAC 70.015(a)(2)(D) state:
(D) all wastes and other substances discharged will be treated and controlled to achieve
(i) for new and existing point sources, the highest statutory and regulatory requirements; and
(ii) for nonpoint sources, all cost-effective and reasonable best management practices; and
The highest statutory and regulatory requirements are defined at 18 AAC 70.015(d):
(d) For purposes of (a) of this section, the highest statutory and regulatory requirements are
(1) any federal technology-based effluent limitation identified in 40 C.F.R. 122.29 and 125.3, revised as
of July 1, 2017 and adopted by reference; and
(2) any minimum treatment standards identified in 18 AAC 72.050; and
(3) any treatment requirements imposed under another state law that is more stringent than a requirement
of this chapter; and
(4) any water quality-based effluent limitations established in accordance with 33 U.S.C. 1311(b)(1)(C)
(Clean Water Act, sec. 301(b)(1)(C)).
The first part of the definition includes all federal technology based ELGs. Upon Department review, no federal
technology based ELGs directly apply to these types of discharges. The ELGs set standards of performance for
existing and new sources and are incorporated in the permit.
The second part of the definition references the minimum treatment standards found at 18 AAC 72.050, which
refers to domestic wastewater discharges only. The permit does not authorize the discharge of domestic
wastewater (Permit Section 1.1.1). Therefore, a finding under this section is not applicable.
The third part of the definition refers to treatment requirements imposed under another state law that are more
stringent than 18 AAC 70. Other regulations beyond 18 AAC 70 that apply to this permitting action include
18 AAC 15 and 18 AAC 72. Neither the regulations in 18 AAC 15 and 18 AAC 72, nor another state law that
the Department is aware of impose more stringent requirements than those found in 18 AAC 70.
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The fourth part of the definition refers to water quality-based effluent limitations (WQBELS). A WQBEL is
designed to ensure that the Water Quality Standards (WQS) of a waterbody are met and may be more stringent
than TBELs. Section 301(b)(1)(C) of the CWA requires the development of limits in permits necessary to meet
WQS by July 1, 1977. WQBELs included in APDES permits are derived from EPA-approved 18 AAC 70
WQS. APDES regulation 18 AAC 83.435(a)(1) requires that permits include WQBELs that can “achieve water
quality standard established under CWA §303, including state narrative criteria for water quality.” The permit
requires compliance with the 18 AAC 70 WQS, includes effluent limits for DO, pH, total residual chlorine,
temperature, enterococci and FC.
The Department reviewed available information on known point source discharges to receiving waters covered
under the permit and found no outstanding noncompliance issues. The KFRC Facility will be able to meet
marine WQS for FC bacteria, enterococci, temperature, DO, and pH in the facility effluent at the point of
discharge, therefore these pollutants of concern will not exceed WQBELs. Chlorine WQBELs will be met at the
edge of the regulatory mixing zone until the compliance schedule is complete for dechlorination. After
completion of the compliance schedule the WQBELs for chlorine will be implemented at the end of pipe. There
are no state regulated nonpoint sources that discharge to, or otherwise impact, the receiving waters covered
under the permit.
After review of the methods of treatment and control and the applicable statutory and regulatory requirements,
including 18 AAC 70, 18 AAC 72, and 18 AAC 83, the Department finds that the discharge authorized under
this general permit meets the highest applicable statutory and regulatory requirements; therefore,
18 AAC 70.016(c)(7)(C) finding is met.
18 AAC 70.016(c)(7)(D)(i-ii) the alternatives analysis provided under (4)(C-F) of this subsection demonstrates
that
(i) a lowering of water quality under 18 AAC 70.015(a)(2)(A) is necessary; when one or more practicable
alternatives that would prevent or lessen the degradation associated with the proposed discharge are
identified, the department will select one of the alternatives for implementation; and
(ii) the methods of pollution prevention, control, and treatment applied to all waste and other substances to
be discharged are found by the department to be the most effective and practicable.
New discharges are required to meet all permit requirements prior to discharge.
(i) KFRC’s alternatives analysis found that the discharge requires a Tier 2 analysis as defined under 18
AAC 70.016(c)(2)(A) – (E). As part of the analysis, chlorine was determined to be the only pollutant of
concern that the current treatment system is not able to meet water quality criteria at the point of
discharge. The analysis of a range of practicable alternatives that have the potential to prevent or lessen
the degradation associated with the proposed chlorine discharge, per 18 AAC 70.015(c)(4) is provided
below:
a. Utilizing a mixing zone as allowed by 18 AAC 70.240 would result in no additional costs to the
facility while allowing only limited water quality degradation within a mixing zone sized for
chlorine. Permit limitations that restrict the effluent discharge will ensure that water quality
criteria will not be exceeded at the boundary of, or beyond, the mixing zone. In addition, Trident
Basin in Chiniak Bay has assimilative capacity and there has been no observed evidence of
toxicity in the receiving water in the vicinity of the outfall. Also, there are no known beneficial
uses of the waterbody that would be impacted by the discharge and the area downstream of the
outfall is not part of a DEC Drinking Water Protection Area.
b. Installation of a dechorination system, consisting of a liquid sodium bisulfite tank, metering
pumps, and a chlorine analyzer. The system would be designed and constructed during the first
permit and would allow for the removal of free chlorine and meeting water quality criteria for
chlorine at the point of discharge without a mixing zone. The estimated capital cost would be
$78,000 dollars with an annual operations and maintenance cost of $1,500.
c. KFRC selected alternative (b) as the most practicable alternative.
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The Department concurs that alternative (b) is the preferred alternative as it is the option that lessens water
quality degradation and eliminates the need for a regulatory mixing zone. The Department is implementing a
compliance schedule to allow for design and completion of a dechlorination system during the first two years of
the permit The alternative selected prevents degradation from the discharge; therefore 18 AAC
70.016(c)(7)(D)(i) finding is met.
(ii) Permit requirements include implementing BMPs, estimation of flow, and effluent monitoring to ensure
compliance and for evaluation of future permit limits. Appropriate wastewater effluent treatment has
been applied. The methods of pollution prevention, control, and treatment applied to all waste and other
substances to be discharged are found by the Department to be the most effective and practicable;
therefore 18 AAC 70.016(c)(7)(D)(ii) finding is met.
18 AAC 70.016(c)(7)(E) except if not required under (4)(F) of this subsection, the social or economic
importance analysis provided under (4)(G) and (5) of this subsection demonstrates that a lowering of water
quality accommodates important social or economic development under 18 AAC 70.015(a)(2)(A);
The KFRC Facility has been discharging spent seawater as wastewater to Trident Basin since the 1998. The
KFRC Facility is an important part of the research and educational programs at UAS. To support the research
conducted by the facility, a large volume of seawater is constantly required, which requires the facility to be
located within close proximity to the ocean. Wastewater discharged from the KFRC Facility meets WQS at the
end of the pipe for DO, pH, temperature, enterococci and FC. The facility will be implementing dechlorination
to meet chlorine WQBELs during the permit. This is the non-degrading alternative and will result in the facility
not requiring a mixing zone and producing effluent that meets the most stringent marine water quality standards
at the point of discharge. KFRC generates and shares scientific knowledge that promotes understanding and
stewardship of Alaska’s marine ecosystems. KFRCs continued operation is important to the regional economy,
as well as the overall economic and social development of the State of Alaska.
The Department has determined that the operation of the KFRC Facility and the discharges authorized by the
permit demonstrates that a lowering of water quality accommodates important social or economic development;
therefore, 18 AAC 70.016(c)(7)(E) finding is met.
18 AAC 70.016(c)(7)(F) 18 AAC 70.015 and this section have been applied consistent with 33 U.S.C. 1326
(Clean Water Act, sec. 316) with regard to potential thermal discharge impairments.
Discharges authorized under the permit are not associated with a potential thermal discharge impairment;
therefore, the finding is not applicable.
7.0 OTHER PERMIT CONDITIONS
7.1 Quality Assurance Project Plan
The permittee is required to develop procedures to ensure that the monitoring data submitted are accurate and to
explain data anomalies if they occur. The permittee is required to update, implement and/or maintain the
Quality Assurance Project Plan (QAPP). The QAPP shall consist of standard operating procedures the permittee
must follow for collecting, handling, storing and shipping samples; laboratory analysis; precision and accuracy
requirements; data reporting, including method detection/reporting limits; and quality assurance/quality control
criteria. The permittee is required to amend the QAPP whenever any procedure addressed by the QAPP is
modified. The plan shall be retained on site and made available to the Department upon request.
7.2 Best Management Practices Plan
In accordance with AS 46.03.110 (d), the Department may specify in a permit the terms and conditions under
which waste material may be disposed of. The permit requires the permittee to develop and implement a BMP
plan in order to prevent or minimize the potential for the release of pollutants to waters and lands of the State of
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Alaska through plant site runoff, spillage or leaks, or erosion. The permittee must review the BMP plan
annually and certify the review was completed. These annual statements will be kept on file with the BMP and
made available to the Department upon request.
7.3 Electronic Discharge Monitoring Report
The permittee must submit DMR data electronically through NetDMR per Phase I of the E-Reporting Rule (40
CFR 127) upon the effective date of the permit. Authorized persons may access permit information by logging
into the NetDMR Portal (https://cdxnodengn.epa.gov/oeca-netdmr-web/action/login). DMRs submitted in
compliance with the E-Reporting Rule are not required to be submitted as described in permit APPENDIX A –
Standard Conditions unless requested or approved by the Department. Any DMR data required by the Permit
that cannot be reported in a NetDMR field (e.g., mixing zone receiving water data, etc.), shall be included as an
attachment to the NetDMR submittal. DEC has established an e-Reporting Information website at
https://dec.alaska.gov/water/compliance/electronic-reporting-rule/ that contains general information about this
new reporting format.
Phase II of the E-Reporting rule will integrate electronic reporting for all other reports required by the Permit
(e.g., Annual Reports and Certifications) and implementation is expected to occur during the term of the permit.
Permittees should monitor DEC’s E-Reporting Information website for updates on Phase II of the E-Reporting
Rule and will be notified when they must begin submitting all other reports electronically. Until such time,
other reports required by the Permit may be submitted in accordance with permit APPENDIX A – Standard
Conditions.
7.4 Compliance Schedule
In accordance with 18 AAC 70.910 and 18 AAC 83.560, when appropriate, APDES permits may include a
series of required steps and deadlines (i.e., a compliance schedule), which upon completion, enables the
permittee to meet the permit’s WQBEL. A compliance schedule establishes remedial measures in a permit,
including an enforceable sequence of interim requirements such as actions, operations, or milestone events
leading to compliance. Compliance schedules authorized under 18 AAC 83.560 require that if a permit
establishes a schedule of compliance that exceeds one year, the schedule must set out interim requirements and
dates for their achievement. If the time necessary to complete any interim requirement is more than one year,
the schedule shall require reports on progress towards completion of the interim requirements.
The Kodiak Fisheries Research Center (KFRC) performed effluent sampling for the facility’s application for an
APDES permit. A reasonable potential analysis of the monitoring results found the facility is unable to meet
water quality criteria for chlorine in marine water. As a result of discussions with the Department and the
alternatives analysis as required by the antidegradation analysis, the facility agreed to install and operate a
dechlorination system as part of the treatment program. The Department will implement a compliance schedule
for installing dechlorination during the first two years of the permit period that will allow for a temporary
mixing zone with associated interim limits for chlorine that the current treatment system can achieve with
proper operation and maintenance.
KRFC submitted a mixing zone application in August 2023 requesting a mixing zone for chlorine based on 140
effluent samples and CORMIX mixing zone modeling. After review and modifications, the Department
determined the mixing zone was appropriate and an interim mixing zone could be implemented for chlorine.
The interim chlorine limits are based critical conditions and the smallest possible mixing zone based on
CORMIX modeling and the reasonable potential analysis of the dataset.
The Department is implementing a compliance schedule to allow the time necessary for the facility to come into
full compliance with WQS for chlorine, as allowed in 18 AAC 70.910 and 18 AAC 83.560. Federal regulations
at 40 CFR 122.47(1) and state regulations at 18 AAC 83.560(a) mandate that schedules of compliance require
compliance with final effluent limits as soon as possible. This is reiterated in the 2003 state WQS regulations at
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18 AAC 70.910(b)(3) which state that compliance schedules must require compliance in “as brief a time as is
feasible.”
When evaluating whether a compliance schedule is requiring compliance “as soon as possible,” EPA
recommends consulting a May 2007 memo (Hanlon Memo) written by James Hanlon, then Director of EPA’s
Office of Wastewater Management. The Hanlon Memo provides a framework for the review of permits
consistent with the Clean Water Act (CWA) and its implementing regulations. The Hanlon Memo suggests that
in order to determine if a compliance schedule requires compliance “as soon as possible” that the permitting
authority take into consideration the steps needed to modify or install treatment facilities, operations, or other
measures and the time those steps would take. The Hanlon Memo states that the permitting authority should not
simply presume that a compliance schedule be based on the maximum time period allowed.
When considering the compliance schedule timeline for KFRC the Department reviewed the steps needed to
implement disinfection. The facility will require engineering and design to be completed for the project with
plan review and approval from the DEC Engineering Support and Plan Review Section. After plan review
materials estimated to cost $78,000 will need to be purchased and shipped to the site for installation. Based on
delays seen in other projects around the state from supply chain issues and labor shortages the Department
determined two-years after permit issuance as the deadline for compliance. This will allow the facility two
summer seasons that are traditionally when construction occurs to achieve compliance.
Permit Section 2.2 further describes how the permittee will achieve compliance with the final chlorine effluent
limits prior to the conclusion of the two-year compliance schedule. The Department defined “achieve
compliance” to mean installation and operation of a dechlorination system. Additionally, not exceeding the
monthly average total residual chlorine effluent limit (7.5 µL) for three consecutive months and not exceeding
the daily maximum total residual chlorine effluent limit (13 µL) for four consecutive samples. The Department
has a compliance level of 0.1 mg/L for total residual chlorine based on most sensitive test methods. Regardless
of compliance status, the final chlorine effluent limits go into effect at the conclusion of the two- year period.
While the dechlorination schedule of compliance is in effect, the interim chlorine effluent limits derived from
the authorized mixing zone for total residual chlorine are depicted in Table 4.
Table 4. Interim Total Residual Chlorine Effluent Limits
Parameter Units
Effluent Limits Monitoring Frequency
Monthly
Average
Daily
Maximum
Sample
Location
Sample
Frequency
Sample
Type
Total
Residual
Chlorine
mg/L 0.384 0.989 Effluent 3/Week Grab
7.5 Standard Conditions
Appendix A of the permit contains standard regulatory language that must be included in all APDES permits.
These requirements are based on regulations and cannot be challenged in the context of an individual APDES
permit action. The standard regulatory language covers requirements such as monitoring, recording, reporting
requirements, compliance responsibilities, and other general requirements.
8.0 OTHER LEGAL REQUIREMENTS
8.1 Ocean Discharge Criteria
Section 403(a) of the CWA, Ocean Discharge Criteria, prohibits the issuance of a permit under Section 402 of
the CWA for a discharge into the territorial sea, the water of the contiguous zone, or the oceans except in
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compliance with Section 403. Permits for discharges seaward of the baseline of the territorial seas must comply
with the requirements of Section 403, which include development of an Ocean Discharge Criteria Evaluation
(ODCE).
Interactive nautical charts depicting Alaska’s baseline plus additional boundary lines are available at
https://nauticalcharts.noaa.gov/data/us-maritime-limits-and-boundaries.html and interactive maps at
https://alaskafisheries.noaa.gov/mapping/arcgis/rest/services/NOAA_Baseline/MapServer. The maps and charts
are provided for information purposes only. The U.S. Baseline committee makes the official determinations on
baseline. Ocean Discharge Criteria are not applicable for marine discharges to areas located landward of the
baseline of the territorial sea.
A review of the baseline line maps revealed that the KFRC Outfall 001A terminus is positioned landward of the
baseline of the territorial sea; therefore, Section 403 of the CWA does not apply to the permit, and an ODCE
analysis is not required to be completed for this permit reissuance. Further, the permit requires compliance with
WQS such that 40 CFR 125.122(b) is met and therefore the discharge is presumed not to cause unreasonable
degradation of the marine environment.
8.2 Endangered Species Act
The National Marine Fisheries Service (NMFS) is responsible for administration of the Endangered Species Act
(ESA) for listed cetaceans, seals, sea lions, sea turtles, anadromous fish, marine fish, marine plants, and corals.
All other species (including polar bears, walrus, and sea otters) are administered by the United States Fish &
Wildlife Service (USFWS).
The Endangered Species Act (ESA) requires federal agencies to consult with NMFS and the USFWS if their
actions could beneficially or adversely affect any threatened or endangered species. As a state agency, DEC is
not required to consult with these federal agencies regarding permitting actions; however, DEC voluntarily
contacted the agencies to notify them of the proposed permit issuance and to obtain listings of threatened and
endangered species near the discharge.
DEC provided notice and request for any ESA related concerns to the USFWS and the NMFS on August 4,
2023, about the intent to issue the KFRC permit and the location of Outfall 001A. The Department did not
receive any concerns from the USFWS or the NMFS.
The Department also accessed the USFWS online Information for Planning Consultation (IPaC) tool at
https://ecos.fws.gov/ipac/location/index on August 4, 2023. The IPaC tool identified the endangered Short-
tailed Albatross (Phoebastria albatrus) and Steller’s Eider (Polysticta stelleri) as possibly occurring at the
location. The IPaC tool also identified habitat for the Northern Sea Otter (Enhydra lutis kenyoni) in the location
of the City of Kodiak WWTF Outfall 001A which is protected under the Marine Mammal Protection Act.
The Department accessed the NMFS Endangered Species Act Critical Habitat Mapper on August 4, 2023. The
mapping application identified critical habitat at Outfall 001A for the endangered Stellar Sea Lion (Eumetopias
jubatus), the Mexico Distinct Population Segment of Humpback Whale (Megaptera novaeangliae), the Fin
Whale (Balaenoptera physalus), the North Pacific Right Whale (Eubalaena japonica), and the Sperm Whale
(Physeter macrocephalus).
DEC will provide a copy of the permit and fact sheet to NMFS and USFWS when it is publicly noticed. Any
comments received from the agencies regarding endangered species will be considered prior to issuance of the
permit.
8.3 Essential Fish Habitat
Essential fish habitat (EFH) includes the waters and substrate (sediments, etc.) necessary for fish from
commercially fished species to spawn, breed, feed, or grow to maturity. The Magnuson-Stevens Fishery
Conservation and Management Act (January 21, 1999) requires federal agencies to consult with NOAA when a
proposed discharge has the potential to adversely affect (reduce quality and/or quantity of) EFH.
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As a state agency, DEC is not required to consult with NOAA on EFH; however, DEC voluntarily contacts
agencies to notify them of the proposed permit issuance and to obtain listings of EFH in the area.
DEC contacted NOAA on August 4, 2023 to provide them with early notification of DEC’s intent to issue
AK0062282 and to provide them the opportunity to share concerns with DEC regarding EFH. Additionally, on
August 4, 2023, DEC accessed the NMFS Endangered Species Act Critical Habitat Mapper on the NMFS
website at https://www.fisheries.noaa.gov/alaska/habitat-conservation/essential-fish-habitat-efh-alaska. The
EFH mapper and found that Outfall 001A KFRC is in the area identified as EFH for Sockeye, Chinook, Chum,
Coho, and Pink Salmon. Also, EFH for fish species found in the Gulf of Alaska including skate species, pollock
species, sole species, rockfish species, pacific cod, octopus, and rockfish species among others.
This fact sheet and the permit will be submitted to the agencies for review during the public notice period and
any comments received from these agencies will be considered prior to issuance of the permit.
8.4 Permit Expiration
The permit will expire five years from the effective date of the permit.
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9.0 REFERENCES
Alaska Department of Environmental Conservation (ADEC) 2020, 18 AAC 70 Water Quality Standards, as
amended through March 5, 2020.
ADEC 2008, Alaska Water Quality Criteria Manual for Toxic and Other Deleterious Organic and Inorganic
Substances, as amended through September 8, 2022.
ADEC 2014. Alaska Pollutant Discharge Elimination System (ADPES) Permits Reasonable Potential Analysis
and Effluent Limits Development Guide, as amended June 30, 2014.
ADEC 2022, Alaska’s Final 2022 Integrated Water Quality Monitoring and Assessment Report,
https://dec.alaska.gov/water/water-quality/integrated-report/. Approved September 15, 2022.
National Ocean and Atmospheric Administration, Kodiak, AK Station ID KOD0904. Data retrieved from
https://tidesandcurrents.noaa.gov/cdata/StationInfo?id=KOD0904 on February 22, 2017.
Robert Doneker and Gerhard Jirka, 2007. CORMIX User Manual, U.S. Environmental Protection Agency,
EPA-823-K-07-001, December 2007, Updated July 2021.
USEPA, Technical Support Document for Water Quality-based Toxics Control, EPA/505/2-90-001, USEPA
Office of Water, Washington, DC, March 1991.
USEPA, Water Quality Standards Handbook: Second Edition, EPA-823-B-94-005a, USEPA, Washington, DC,
August 1994.
USEPA, Alaska DEC NPDES Permit Writer’s Course, Reference Manual. May 2019.
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APPENDIX A: BASIS FOR EFFLUENT LIMITS
The Clean Water Act (CWA) requires that the effluent limit for a particular pollutant be the more stringent of
either technology-based effluent limits (TBELs) or water quality-based effluent limits (WQBELs). TBELs are
established by the Environmental Protection Agency (EPA) for many industries in the form of Effluent
Limitation Guidelines (ELGs), are based on available pollution control technology and are adopted by reference
in 18 AAC 83. The Department adopts the subject ELGs by reference in 18 AAC 83.010. There are no TBELs
or Effluent Limit Guidelines (ELGs) that apply to this permit. The permit contains WQBELS designed to
ensure that the WQS of the receiving water body are met.
In accordance with Alaska Pollutant Discharge Elimination System regulations at 18 AAC 83.475, best
management practices (BMPs) can be used to control or abate the discharge of pollutants in several
circumstances, including, when numeric effluent limits are infeasible. BMPs are defined at 18 AAC 83.990(9)
as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to
prevent or reduce the pollution of waters of the United States (U.S.). CWA Section 304 (e) authorizes the
inclusion of BMPs as requirements in discharge permits.
A.1 Water Quality Based Effluent Limits for Outfall 001A
A.1.1 Statutory and Regulatory Basis
18 AAC 70.010 prohibits conduct that causes or contributes to a violation of the WQS. 18 AAC 15.090 requires
that permits include terms and conditions to ensure criteria are met, including operating, monitoring, and
reporting requirements.
The regulations require the permitting authority to make this evaluation using procedures that account for
existing controls on point and nonpoint sources of pollution, the variability of the pollutant in the effluent,
species sensitivity (for toxicity), and where appropriate, dilution in the receiving water body. The limits must be
stringent enough to ensure that WQS are met and must be consistent with any available wasteload allocation
(WLA).
A.1.2 Specific Water Quality-Based Effluent Limits
A.1.2.1 Floating, Suspended or Submerged Matter, including Oil and Grease
The WQS for floating, suspended or submerged matter, including oil and grease, are narrative. The most
stringent standard, found at 18 AAC 70.020(b)(8)(A)(i), requires that fresh waters, “may not, alone or in
combination with other substances or wastes, make the water unfit or unsafe for the use; cause a film, sheen, or
discoloration on the receiving of the water or adjoining shorelines; cause leaching of toxic or deleterious
substances; or cause a sludge, solid, or emulsion to be deposited beneath or upon the receiving of the water,
within the water column, on the bottom, or upon adjoining shorelines.”
A.1.2.2 pH
Alaska WQS at 18 AAC 70.020(b)(18)(A)(i), (Water Supply – aquaculture) and 18 AAC 70.020(b)(18)(C)
(Growth and Propagation of Fish, Shellfish, Other Aquatic Life, and Wildlife) states that the pH water quality
criteria may not be less than 6.5 or greater than 8.5. Standard Units (S.U.). This WQS-WQBEL requirement is
established with a monthly monitoring frequency.
A.1.2.3 Fecal Coliform Bacteria
Alaska WQS at 18 AAC 70.020(b)(14)(D) states that the fecal coliform bacteria criteria for the harvesting for
consumption of raw mollusks or other raw aquatic life the geometric mean of samples may not exceed 14
FC/100 mL, and not more than 10% of the samples may exceed a FC most probable number (MPN) of 43
FC/100 mL.
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DEC establishes monitoring only requirements for this parameter to provide data to be analyzed at the next
permit issuance. Effluent monitoring for FC bacteria is required on a monthly basis, year-round.
A.1.2.4 Enterococci Bacteria
The criteria at 18 AAC 70.020(b)(14)(B)(i), Water Recreation – contact recreation criteria require that within a
30-day period, the geometric mean of samples may not exceed 35 enterococci colony-forming units per 100 mL
(cfu/100 mL), and not more than 10% of the samples may exceed a statistical threshold value (STV) of 130
enterococci cfu/100 mL. Enterococci monitoring only limits are established to provide data for the next permit
issuance. Effluent monitoring for enterococci is required on a quarterly basis from May through September,
when primary contact recreation in which full immersion and ingestion of water is more likely to occur. The
enterococci monitoring will be performed in conjunction with FC bacteria monitoring.
A.1.2.5 Dissolved Oxygen
The criteria for water supply/aquaculture are the most stringent standards for dissolved oxygen (DO). The
standards at 18 AAC 70.020(b)(15)(A)(i) require that “Surface DO concentration in coastal water may not be
less than 6.0 mg/l for a depth of one meter except when natural conditions cause this value to be depressed. In
no case may DO levels exceed 17 mg/L. The concentration of total dissolved gas may not exceed 110% of
saturation at any point of sample collection. Monitoring only limits are established for DO. Data collected will
be used for analysis under the next permit issuance. The monitoring frequency will be monthly.
A.1.2.6 Temperature
The WQS at 18 AAC 70.020(b)(22)(A)(i) Water Supply: aquaculture and (ii) seafood processing and
18 AAC 70.020(b)(22)(C) Growth and Propagation of Fish, Shellfish, Other Aquatic Life, and Wildlife and (D)
Harvesting for Consumption of Raw Mollusks or Other Raw Aquatic Life state that temperature may not exceed
15 degrees Celsius (o C). The permit requires the applicant to monitor effluent temperature one time per month.
Temperature data will be used to perform a reasonable potential analysis under the next permit term to
determine whether continued monitoring or WQBELs are appropriate.
A.1.2.7 Total Residual Chlorine
The most stringent state water quality standards for total residual chlorine (TRC) to protect aquatic life for
marine water requires that concentrations may not exceed 13 micrograms per liter (μg/L) for acute marine
aquatic life and 7.5 μg/L for chronic marine aquatic life [18 AAC 70.020(b)(23)(c)].
KFRC application data monitoring results indicated exceedances for both acute and chronic water quality
criteria for chlorine. Therefore, chlorine was selected for a RPA which demonstrated that there is reasonable
potential for chlorine to exceed water quality criteria at the end of pipe. Since there is reasonable potential for
chlorine to exceed water quality criteria at the end of the pipe, WQBELs were developed for total residual
chlorine (daily maximum 0.989 mg/L, average monthly 0.384 mg/L) that are protective of water quality criteria
at the boundary of the mixing zone. See Fact Sheet APPENDIX B details on reasonable potential determination
and APPENDIX C for details on permit limit derivation.
A compliance schedule to install and operate a dichlorination system is required to be completed within 2 years
of the permit effective date. Once the compliance schedule is completed, chlorine limits will become most
stringent state water quality standards of 0.0075 mg/L for chronic marine aquatic life and 0.013 mg/L for acute
marine aquatic life. The compliance level of 0.1 mg/L is based on detection limits of EPA approved monitoring
under 40 CFR 136. The mixing zone for chlorine will cease to be authorized upon completion of the permit
compliance schedule.
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REASONABLE POTENTIAL DETERMINATION
The following describes the process the Alaska Department of Environmental Conservation (the Department or
DEC) used to determine if the discharge authorized in the draft permit has the reasonable potential (RP) to
cause or contribute to a violation of Alaska Water Quality Standards (WQS). The Department used the process
described in the Technical Support Document (TSD) for Water Quality-Based Toxics Control (Environmental
Protection Agency, 1991) and DEC’s guidance, Alaska Pollutant Discharge Elimination System (APDES)
Permits Reasonable Potential Analysis (RPA) and Effluent Limits Development Guide (June 30, 2014) to
determine the RP for any pollutant to exceed a numeric water quality criterion (WQC).
To determine if there is RP for the discharge to cause or contribute to an exceedance of WQ numeric criteria for
a given pollutant, the Department compares the maximum projected receiving waterbody concentration to the
criteria for that pollutant. RP to exceed exists if the projected receiving waterbody concentration exceeds WQS
numeric criteria, and a water quality-based effluent limit (WQBEL) must be included in the permit
(18 AAC 83.435).
Total residual chlorine (TRC) is used as an example to demonstrate the RP determination process. The most
stringent WQS numeric criterion for TRC is the chronic aquatic life criterion at 7.5 µg/L. The Department’s
APDES Permits Reasonable Potential Analysis and Effluent Limits Development Guide directs permit writers to
use an assumed 15% of the most stringent WQ numeric criterion in cases where a site-specific ambient
concentration of a pollutant if data is not otherwise available. However, in the case of TRC in this permit the
Department determined the guidance is not appropriate. TRC readily reacts in waterbodies and can be assumed
to be zero in background seawater.
This section discusses how the maximum projected receiving waterbody concentration is determined and
presents the RP analysis done for all pollutants examined in Table B-1.
B.1 Mass Balance
For a discharge to a flowing waterbody, the maximum projected receiving waterbody concentration is
determined using a steady state model represented by the following mass balance equation: 𝐶𝐶𝑑𝑑𝑄𝑄𝑑𝑑=𝐶𝐶𝑒𝑒𝑄𝑄𝑒𝑒+ 𝐶𝐶𝑢𝑢𝑄𝑄𝑢𝑢 (Equation B-1)
Where,
Cd = Receiving water body concentration downstream of the effluent discharge
Ce = Maximum projected effluent concentration
Cu = Assumed receiving waterbody ambient concentration
Qd = Receiving water body flow rate = Qe + Qu
Qe = Effluent flow rate (set equal to the design flow of the wastewater treatment facility (WWTF))
Qu = Receiving waterbody flow rate
When the mass balance equation is solved for Cd, it becomes: 𝐶𝐶𝑑𝑑 = 𝐶𝐶𝑒𝑒𝑄𝑄𝑒𝑒 + 𝐶𝐶𝑢𝑢𝑄𝑄𝑢𝑢𝑄𝑄𝑒𝑒 + 𝑄𝑄𝑢𝑢 (Equation B-2)
The above form of the equation is based on the assumption that the discharge is rapidly and completely mixed
with the receiving waterbody. If a mixing zone based on a percentage of the critical flow in the receiving
waterbody is authorized based on the assumption of incomplete mixing with the receiving waterbody, the
equation becomes:
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𝐶𝐶𝑑𝑑 = 𝐶𝐶𝑒𝑒𝑄𝑄𝑒𝑒 + 𝐶𝐶𝑢𝑢(𝑄𝑄𝑈𝑈 × 𝑀𝑀𝑀𝑀)𝑄𝑄𝑒𝑒 + (𝑄𝑄𝑢𝑢 × 𝑀𝑀𝑀𝑀) (Equation B-3)
Where, MZ = the fraction of the receiving waterbody flow available for dilution.
Where mixing is rapid and complete, MZ is equal to 1 and equation C-2 is equal to equation C-3 (i.e., all of the
critical low flow volume is available for mixing). If a mixing zone is not authorized, dilution is not considered
when projecting the receiving waterbody concentration, and 𝐶𝐶𝑑𝑑 = 𝐶𝐶𝑒𝑒 (Equation B-4)
In other words, if a mixing zone is not authorized, the Department considers only the concentration of the
pollutant in the effluent regardless of the upstream flow and concentration. If the concentration of the pollutant
in the effluent is less than the WQS numeric criteria, the discharge cannot cause or contribute to a WQ violation
for that pollutant. In this case, the mixing or dilution factor (% MZ) is equal to zero and the mass balance
equation is simplified to Cd = Ce.
Equation C-2 can be simplified by introducing a dilution factor (D): 𝐷𝐷 = 𝑄𝑄𝑒𝑒 + 𝑄𝑄𝑢𝑢𝑄𝑄𝑒𝑒 (Equation B-5)
After the D simplification, this becomes: 𝐶𝐶𝑑𝑑 = (𝐶𝐶𝑒𝑒 − 𝐶𝐶𝑢𝑢) 𝐷𝐷 + cu (Equation B-6)
B.2 Maximum Projected Effluent Concentration
To calculate the maximum projected effluent concentration, the Department used the procedure described in
Section 3.3 of the TSD, “Determining the Need for Permit Limits with Effluent Monitoring Data” and the
process described in section 2.4 of DEC’s guidance, APDES Permits Reasonable Potential Analysis and
Effluent Limits Development Guide In this procedure, the 99th percentile of the effluent data is the maximum
projected effluent concentration which is used in the calculation of the maximum projected receiving waterbody
concentration.
Since there are a limited number of data points available, the 99th percentile is calculated by multiplying the
maximum observed effluent concentration (MOC) by a reasonable potential multiplier (RPM). The RPM is the
ratio of the 99th percentile concentration to the MOC and accounts for the statistical uncertainty in the effluent
data. The RPM is calculated from the coefficient of variation (CV) of the data and the number of data points.
The CV is defined as the ratio of the standard deviation of the data set to the mean. When fewer than 10 data
points are available, the TSD and DEC’s APDES Permits RPA and Effluent Limits Development Guide
recommends making the assumption that the CV is equal to 0.6. A CV value of 0.6 is a conservative estimate
that assumes a relatively high variability.
In the example of TRC below, the Department used ProUCL, a statistical software program, to calculate a CV
specific to the dataset of 0.5452 using a non-parametric statistical distribution. Therefore, the RPM equation in
Section 2.4.2.1 of the APDES Permits RPA and Effluent Limits Development Guide is used to determine the
RPM for ammonia. 𝑅𝑅𝑅𝑅𝑀𝑀=µ𝑛𝑛 +𝑧𝑧99 σ µ𝑛𝑛 + 𝑝𝑝𝑛𝑛 σ (Equation B-7)
Where, 𝑧𝑧99 = the z −statistic at the 99th percentile = 2.326 µ𝑛𝑛 = mean calculated by ProUCL = 4.551
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σ =the standard deviation calculated by ProUCL =83.79 𝑝𝑝𝑛𝑛 = the z −statistic at the 95th percent confidence level of (1 −0.95)1𝑛𝑛= 0.95 𝑛𝑛= number of valid data samples =140 RPM = 1.1 (rounded)
The maximum expected concentration (MEC) is determined by multiplying the MOC by the RPM: MEC = (RPM)(MOC) (Equation C-8)
MOC = 900 micrograms per liter (µg/L)
In the case of chlorine,
MEC = (1.1)(900) = 990 µg/L*
* The above MEC calculation is simplified for illustrative purposes. The MEC is calculated in the RPA tool with
an RPM prior to rounding. The actual MEC as calculated in the Department’s RPA tool is 989.41 µg/L.
Comparison with WQS numeric criteria for chlorine
In order to determine if RP exists for this discharge to violate WQC, numeric criteria, the highest projected
concentrations at the boundary of the mixing zone is compared with acute and chronic marine water WQC.
Acute: 13.03 µg/L > 13 µg/L (acute criterion) YES, there is RP to violate acute criterion
Chronic: 7.5 µg/L = 7.5 µg/L (chronic criterion) YES, there is RP to violate chronic criterion
Table B-1 summarizes the data, multipliers, and criteria used to determine RP to exceed WQC at the end of the
pipe and at the boundary of the mixing zone. Since there is a reasonable potential for the effluent to cause an
exceedance of acute and chronic WQC numeric criteria for chlorine, water quality based effluent limits
(WQBELs) for ammonia are required. See APPENDIX C for the calculations.
Table B- 1: Reasonable Potential Analysis Results
Parameter MOC Na Csb CV RPM MEC
(Ce)
Water
Quality
Criteria
End of
Pipe
RP?
Dc Cdd
Boundary
of Mixing
Zone RP?
Total
Residual
Chlorine
(chronic) 900
µg/L 140 0.0
µg/L 1.05 1.1 989.41
µg/L
7.5 µg/L Yes 131.9 7.5
µg/L Yes
Total
Residual
Chlorine
(acute)
13 µg/L Yes 76.1 13 µg/L Yes
Footnotes:
a. N = Number of valid samples
b. Cs = Assumed waterbody ambient concentration
c. D = Dilution factor
d. Cd = Calculated receiving water concentration (RWC) at mixing zone boundary
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EFFLUENT LIMIT CALCULATION
If the Alaska Department of Environmental Conservation (the Department or DEC) does not authorize a mixing
zone, Alaska water quality standards (AWQS) are applied at the end of the pipe, and technology-based effluent
limits (TBELs) are selected for those parameters that are solely technology based.
When DEC authorizes a mixing zone, parameters are identified in the mixing zone that will require dilution to
meet water quality standards (WQS) numeric criteria. If there are TBELs for an identified parameter in the
mixing zone, TBELs apply at the end of the pipe, and WQS numeric criteria for that parameter, apply at the
boundary of the mixing zone. If the reasonable potential analysis (RPA) requires the development of water-
quality based effluent limits (WQBELs) for specific parameters in order to protect aquatic life at the boundary
of the mixing zone, WQBELs are applied as end-of-pipe effluent limits. Those parameters that are not identified
in the authorized mixing zone, must meet applicable water quality criteria at the end of pipe.
In the case of the Kodiak Fisheries Research Center (KFRC), chlorine demonstrated reasonable potential (RP)
to exceed at the end of pipe. Chlorine as the only parameter with RP requires the most dilution to meet water
quality numeric criteria at the boundary of the authorized chronic and acute mixing zones. Therefore, the
Department developed WQBELs for total residual chlorine. An example of the total residual chlorine limit
calculations is depicted below.
C.1 Effluent Limit Calculation
Once the Department determines that the effluent has a reasonable potential to exceed an Alaska Water Quality
Criteria (AWQC), a WQBEL for the pollutant is developed. The Department used the process described in the
Technical Support Document (TSD) for Water Quality-Based Toxics Control (Environmental Protection
Agency, 1991) and DEC’s guidance, Alaska Pollutant Discharge Elimination System (APDES) Permits
Reasonable Potential Analysis (RPA) and Effluent Limits Development Guide (June 30, 2014) to calculate
WQBELs for NO3/NO2 and copper. The first step in calculating WQBELs is the development of wasteload
allocations (WLAs) for the pollutant.
C.2 Mixing Zone-based WLA
When the Department authorizes a mixing zone for the discharge, the WLA is calculated using the available
dilution, background concentrations of the pollutant, and the WQS. Acute and chronic aquatic life standards
apply over different time frames and may have different mixing zones; therefore, it is not possible to compare
the WLAs directly to determine which standard results in the most stringent limits. The acute criteria are
applied as a one-hour average and may have a smaller mixing zone, while the chronic criteria are applied as a
four-day average and may have a larger mixing zone. To allow for comparison, long-term average (LTA) loads
are calculated from both the acute and chronic WLAs. The most stringent LTA is used to calculate the permit
limits.
C.3 “End-of-Pipe” WLAs
In many cases, there is no dilution available, either because the receiving water body exceeds the criteria or
because the Department does not authorize a mixing zone for a particular pollutant. When there is no dilution
available, the criterion becomes the WLA. Establishing the criterion as the WLA ensures that the permittee’s
discharge does not contribute to an exceedance of the criterion. As with the mixing-zone based WLA, the acute
and chronic criteria must be converted to LTAs and compared to determine which one is more stringent. The
more stringent LTA is then used to develop permit limits.
C.4 Permit Limit Derivation
Once the appropriate LTA has been calculated, the Department applies the statistical approach described in
Chapter 5 of the TSD to calculate the maximum daily limit (MDL) and average monthly limit (AML). This
approach takes into account effluent variability (using the coefficient of variation (CV)), sampling frequency,
and the difference in time frames between the Monthly Average and Daily Maximum effluent limits.
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The Daily Maximum effluent limit (Daily Maximum) is based on the CV of the data and the probability basis,
while the Monthly Average is dependent on these two variables and the monitoring frequency. As
recommended in the TSD, the Department used a probability basis of 95% for the Monthly Average effluent
limit (Monthly average) calculation and 99% for the Daily Maximum calculation.
The following is a summary of the steps to derive WQBELs from WQS numeric criteria for pollutants that have
RP to exceed AWQC. These steps are found in the Department’s Reasonable Potential Analysis (RPA) and
Effluent Limitation Guidance and the guidance’s accompanying Microsoft Excel RPA Tool. The guidance and
tool were used to calculate the Daily Maximum and Monthly Average for total residual chlorine in the KFRC
permit.
Step 1- Determine the WLA
The acute and chronic aquatic life criteria are converted to acute and chronic waste load allocations using the
following equations: 𝑊𝑊𝑊𝑊𝑊𝑊𝑎𝑎,𝑐𝑐,ℎℎ=�𝑊𝑊𝑄𝑄𝐶𝐶𝑎𝑎,𝑐𝑐,ℎℎ��𝐷𝐷𝑎𝑎,𝑐𝑐,ℎℎ�+𝐶𝐶𝑠𝑠�1 − 𝐷𝐷𝑎𝑎,𝑐𝑐,ℎℎ�
𝑊𝑊𝑊𝑊𝑊𝑊𝑎𝑎,𝑐𝑐,ℎℎ= 𝑊𝑊𝑄𝑄𝐶𝐶𝑎𝑎,𝑐𝑐,ℎℎ�𝑄𝑄𝑑𝑑+ 𝑄𝑄𝑠𝑠𝑄𝑄𝑑𝑑�+𝐶𝐶𝑠𝑠�1 − �
𝑄𝑄𝑑𝑑 + 𝑄𝑄𝑠𝑠𝑄𝑄𝑑𝑑 ��
Where: 𝐷𝐷𝑎𝑎,𝑐𝑐=𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛=(𝑄𝑄𝑑𝑑+ 𝑄𝑄𝑠𝑠)𝑄𝑄𝑑𝑑 𝐷𝐷ℎℎ(𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛 [𝐻𝐻𝐷𝐷𝐻𝐻𝐻𝐻𝑛𝑛 𝐻𝐻𝐻𝐻𝐻𝐻𝐷𝐷𝐷𝐷ℎ])= 𝐷𝐷𝑐𝑐 (𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛[𝐶𝐶ℎ𝑟𝑟𝐷𝐷𝑛𝑛𝐷𝐷𝑟𝑟 𝑊𝑊𝐴𝐴𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝑟𝑟 𝑊𝑊𝐷𝐷𝐿𝐿𝐻𝐻]) 𝑄𝑄𝑠𝑠=𝐶𝐶𝑟𝑟𝐷𝐷𝐷𝐷𝐷𝐷𝑟𝑟𝐻𝐻𝐷𝐷 𝑈𝑈𝑝𝑝𝑈𝑈𝐷𝐷𝑟𝑟𝐻𝐻𝐻𝐻𝐻𝐻 𝐹𝐹𝐷𝐷𝐷𝐷𝐹𝐹 𝑄𝑄𝑑𝑑=𝐶𝐶𝑟𝑟𝐷𝐷𝐷𝐷𝐷𝐷𝑟𝑟𝐻𝐻𝐷𝐷 𝐷𝐷𝐷𝐷𝑈𝑈𝑟𝑟ℎ𝐻𝐻𝑟𝑟𝑎𝑎𝐻𝐻 𝐹𝐹𝐷𝐷𝐷𝐷𝐹𝐹 𝐶𝐶𝑠𝑠=𝐶𝐶𝑟𝑟𝐷𝐷𝐷𝐷𝐷𝐷𝑟𝑟𝐻𝐻𝐷𝐷 𝑈𝑈𝑝𝑝𝑈𝑈𝐷𝐷𝑟𝑟𝐻𝐻𝐻𝐻𝐻𝐻 𝐶𝐶𝐷𝐷𝑛𝑛𝑟𝑟𝐻𝐻𝑛𝑛𝐷𝐷𝑟𝑟𝐻𝐻𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛 𝑊𝑊𝑊𝑊𝑊𝑊𝑎𝑎,𝑐𝑐=𝑊𝑊𝐻𝐻𝑈𝑈𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝐻𝐻𝑊𝑊 𝑊𝑊𝐷𝐷𝐷𝐷𝐷𝐷𝑟𝑟𝐻𝐻𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛 (𝐻𝐻𝑟𝑟𝐷𝐷𝐷𝐷𝐻𝐻,𝑟𝑟ℎ𝑟𝑟𝐷𝐷𝑛𝑛𝐷𝐷𝑟𝑟,𝐷𝐷𝑟𝑟 ℎ𝐷𝐷𝐻𝐻𝐻𝐻𝑛𝑛 ℎ𝐻𝐻𝐻𝐻𝐷𝐷𝐷𝐷ℎ) 𝑊𝑊𝑄𝑄𝐶𝐶𝑎𝑎,𝑐𝑐= 𝐶𝐶𝑟𝑟 =𝑊𝑊𝐻𝐻𝐷𝐷𝐻𝐻𝑟𝑟 𝑄𝑄𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝐷𝐷𝑄𝑄 𝐶𝐶𝑟𝑟𝐷𝐷𝐷𝐷𝐻𝐻𝑟𝑟𝐷𝐷𝐷𝐷𝑛𝑛(𝐻𝐻𝑟𝑟𝐷𝐷𝐷𝐷𝐻𝐻,𝑟𝑟ℎ𝑟𝑟𝐷𝐷𝑛𝑛𝐷𝐷𝑟𝑟,𝐷𝐷𝑟𝑟 ℎ𝐷𝐷𝐻𝐻𝐻𝐻𝑛𝑛 ℎ𝐻𝐻𝐻𝐻𝐷𝐷𝐷𝐷ℎ)
For total residual chlorine, 𝐷𝐷𝑎𝑎=76.1 𝐷𝐷𝑐𝑐 =131.9 𝐶𝐶𝑠𝑠= 0.0 𝐻𝐻𝐷𝐷𝑟𝑟𝑟𝑟𝐷𝐷𝑎𝑎𝑟𝑟𝐻𝐻𝐻𝐻𝑈𝑈 𝑝𝑝𝐻𝐻𝑟𝑟 𝐷𝐷𝐷𝐷𝐷𝐷𝐻𝐻𝑟𝑟 (µg/L) 𝑊𝑊𝑊𝑊𝑊𝑊𝑎𝑎 = 989.30 µ𝑎𝑎/𝑊𝑊 𝑊𝑊𝑊𝑊𝑊𝑊𝑐𝑐 = 989.25 µ𝑎𝑎/𝑊𝑊 𝑊𝑊𝑄𝑄𝐶𝐶𝑎𝑎=13 µ𝑎𝑎/𝑊𝑊 𝑊𝑊𝑄𝑄𝐶𝐶𝑐𝑐= 7.5 µ𝑎𝑎/𝑊𝑊
Step 2 - Determine the Long-Term Average (LTA)
The WLAs are converted to LTAs using multipliers that are derived from equations in section 5.4 of the TSD: 𝑊𝑊𝐿𝐿𝑊𝑊𝑎𝑎= 𝑊𝑊𝑊𝑊𝑊𝑊𝑎𝑎∗𝐻𝐻𝑒𝑒𝑝𝑝(0.5σ2 − 𝑧𝑧99 σ) 𝑊𝑊𝐿𝐿𝑊𝑊𝑐𝑐= 𝑊𝑊𝑊𝑊𝑊𝑊𝑐𝑐∗𝐻𝐻𝑒𝑒𝑝𝑝(0.5σ42 − 𝑧𝑧99 σ4 )
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Where: 𝑧𝑧99 =𝐷𝐷ℎ𝐻𝐻 𝑧𝑧 −𝑈𝑈𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝑈𝑈𝐷𝐷𝐷𝐷𝑟𝑟 𝐻𝐻𝐷𝐷 𝐷𝐷ℎ𝐻𝐻 99𝑡𝑡ℎ𝑝𝑝𝐻𝐻𝑟𝑟𝑟𝑟𝐻𝐻𝑛𝑛𝐷𝐷𝐷𝐷𝐷𝐷𝐻𝐻= 2.326 𝑊𝑊𝐿𝐿𝑊𝑊𝑎𝑎 𝐷𝐷𝑛𝑛𝐷𝐷𝑄𝑄: σ =𝐷𝐷𝑛𝑛[𝐶𝐶𝐶𝐶2 + 1
]1 2� 𝑊𝑊𝐿𝐿𝑊𝑊𝑎𝑎 𝐷𝐷𝑛𝑛𝐷𝐷𝑄𝑄:σ2 =𝐷𝐷𝑛𝑛[𝐶𝐶𝐶𝐶2 + 1
] 𝑊𝑊𝐿𝐿𝑊𝑊𝑐𝑐 𝐷𝐷𝑛𝑛𝐷𝐷𝑄𝑄: σ4 = 𝐷𝐷𝑛𝑛��𝐶𝐶𝐶𝐶24 �+ 1�1 2�
𝑊𝑊𝐿𝐿𝑊𝑊𝑐𝑐 𝐷𝐷𝑛𝑛𝐷𝐷𝑄𝑄: σ42 =𝐷𝐷𝑛𝑛��𝐶𝐶𝐶𝐶24 �+ 1� 𝐶𝐶𝐶𝐶=𝑟𝑟𝐷𝐷𝐻𝐻𝐿𝐿𝐿𝐿𝐷𝐷𝑟𝑟𝐷𝐷𝐻𝐻𝑛𝑛𝐷𝐷 𝐷𝐷𝐿𝐿𝑜𝑜𝐻𝐻𝑟𝑟𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛
For total residual chlorine: 𝑊𝑊𝐿𝐿𝑊𝑊𝑎𝑎= 192.35 µ𝑎𝑎/𝑊𝑊 𝑊𝑊𝐿𝐿𝑊𝑊𝑐𝑐= 353.29 µ𝑎𝑎/𝑊𝑊
Step 3 - Most Limiting LTA
To protect a waterbody from both acute and chronic effects, the more limiting of the two LTAs is used to derive
the effluent limits. The TSD recommends using the 95th percentile for the Average Monthly Limit (AML) and
the 99th percentile for the Maximum Daily Limit (MDL).
In the case of total residual chlorine, the LTAa is more limiting.
Step 4 - Calculate the Permit Limits
The Daily Maximum and Monthly Average are calculated using the following equations that are found in table
5-2 of the TSD: 𝑀𝑀𝐷𝐷𝑊𝑊𝑎𝑎𝑎𝑎𝑢𝑢𝑎𝑎𝑡𝑡𝑎𝑎𝑐𝑐 𝑙𝑙𝑎𝑎𝑙𝑙𝑒𝑒=𝑊𝑊𝐿𝐿𝑊𝑊∗𝐻𝐻𝑒𝑒𝑝𝑝(𝑧𝑧99 σ −0.5σ2 )
Where: 𝑧𝑧99 =𝐷𝐷ℎ𝐻𝐻 𝑧𝑧 −𝑈𝑈𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝑈𝑈𝐷𝐷𝐷𝐷𝑟𝑟 𝐻𝐻𝐷𝐷 𝐷𝐷ℎ𝐻𝐻 99𝑡𝑡ℎ𝑝𝑝𝐻𝐻𝑟𝑟𝑟𝑟𝐻𝐻𝑛𝑛𝐷𝐷𝐷𝐷𝐷𝐷𝐻𝐻= 2.326
σ𝑛𝑛=𝐷𝐷𝑛𝑛[𝐶𝐶𝐶𝐶2 + 1
]1 2�
σ𝑛𝑛2 =𝐷𝐷𝑛𝑛[𝐶𝐶𝐶𝐶2 + 1
] 𝐶𝐶𝐶𝐶=𝑟𝑟𝐷𝐷𝐻𝐻𝐿𝐿𝐿𝐿𝐷𝐷𝑟𝑟𝐷𝐷𝐻𝐻𝑛𝑛𝐷𝐷 𝐷𝐷𝐿𝐿𝑜𝑜𝐻𝐻𝑟𝑟𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛
𝑊𝑊𝑀𝑀𝑊𝑊𝑎𝑎𝑎𝑎𝑢𝑢𝑎𝑎𝑡𝑡𝑎𝑎𝑐𝑐 𝑙𝑙𝑎𝑎𝑙𝑙𝑒𝑒=𝑊𝑊𝐿𝐿𝑊𝑊∗𝐻𝐻𝑒𝑒𝑝𝑝(𝑧𝑧95σ𝑛𝑛 −0.5σ𝑛𝑛2 )
Where: 𝑧𝑧95 =𝐷𝐷ℎ𝐻𝐻 𝑧𝑧 −𝑈𝑈𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝑈𝑈𝐷𝐷𝐷𝐷𝑟𝑟 𝐻𝐻𝐷𝐷 𝐷𝐷ℎ𝐻𝐻 95𝑡𝑡ℎ𝑝𝑝𝐻𝐻𝑟𝑟𝑟𝑟𝐻𝐻𝑛𝑛𝐷𝐷𝐷𝐷𝐷𝐷𝐻𝐻= 1.645
σ𝑛𝑛= 𝐷𝐷𝑛𝑛��𝐶𝐶𝐶𝐶2𝑛𝑛�+ 1�1 2�
σ𝑛𝑛2 =𝐷𝐷𝑛𝑛��𝐶𝐶𝐶𝐶2𝑛𝑛�+ 1�
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𝐶𝐶𝐶𝐶=𝑟𝑟𝐷𝐷𝐻𝐻𝐿𝐿𝐿𝐿𝐷𝐷𝑟𝑟𝐷𝐷𝐻𝐻𝑛𝑛𝐷𝐷 𝐷𝐷𝐿𝐿𝑜𝑜𝐻𝐻𝑟𝑟𝐷𝐷𝐻𝐻𝐷𝐷𝐷𝐷𝐷𝐷𝑛𝑛 𝑛𝑛=𝑛𝑛𝐷𝐷𝐻𝐻𝑛𝑛𝐻𝐻𝑟𝑟 𝐷𝐷𝐿𝐿 𝑈𝑈𝐻𝐻𝐻𝐻𝑝𝑝𝐷𝐷𝐻𝐻𝑈𝑈 𝑝𝑝𝐻𝐻𝑟𝑟 𝐻𝐻𝐷𝐷𝑛𝑛𝐷𝐷ℎ
For total residual chlorine: 𝑴𝑴𝑴𝑴𝑴𝑴=𝟗𝟗𝟗𝟗𝟗𝟗 µ𝒈𝒈/𝑴𝑴 𝑨𝑨𝑴𝑴𝑴𝑴=𝟑𝟑𝟗𝟗𝟑𝟑 µ𝒈𝒈/𝑴𝑴
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AK0062282 Kodiak Fisheries Research Center Page 39 of 41
MIXING ZONE ANALYSIS CHECKLIST
The purpose of the Mixing Zone Checklist is to guide the permit writer through the mixing zone regulatory requirements to determine if all the
mixing zone criteria at 18 AAC 70.240 are satisfied, as well as provide justification to authorize a mixing zone in an Alaska Pollutant Discharge
Elimination System permit. See Fact Sheet Section 4.7 for the XXXXX Wastewater Treatment Facility mixing zone analysis.
Criteria Description Resources Regulation
Size Is the mixing zone as small as practicable?
If yes, mixing zone may be approved as proposed or authorized with conditions.
Technical Support
Document for Water
Quality-Based Toxics
Control
DEC's Reasonable Potential
Analysis Guidance
Environmental Protection
Agency’s Permit Writers'
Manual
CORMIX
18 AAC 70.240 (k)
Technology Were the most effective technological and economical methods used to disperse,
treat, remove, and reduce pollutants?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240 (c)(1)
Low Flow Design For river, streams, and other flowing fresh waters.
- Determine low flow calculations or documentation for the applicable parameters. 18 AAC 70.240(l)
Existing Use Does the mixing zone…
(1) maintain and protect designated and existing uses of the waterbody as a whole?
If yes, mixing zone may be approved as proposed or authorized with conditions. 18 AAC 70.240(c)(2)
(2) impair overall biological integrity of the waterbody?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240(c)(3)
(3) create a public health hazard that would preclude or limit existing uses of the
waterbody for water supply or contact recreation?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240(c)(4)(B)
(4) preclude or limit established processing activities or established commercial,
sport, personal use, or subsistence fish and shellfish harvesting?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240(c)(4)(C) AGENDA ITEM #2.b.Discussion Of KFRC Saltwater Disinfection System Funding And Authorizati...Page 126 of 344
AK0062282 Kodiak Fisheries Research Center Page 40 of 41
Criteria Description Resources Regulation
Human
consumption Does the mixing zone…
(1) produce objectionable color, taste, or odor in aquatic resources harvested for
human consumption?
If yes, mixing zone may not be approved.
18 AAC 70.240(d)(6)
Spawning Areas Does the mixing zone…
(1) discharge in a spawning area for anadromous fish or Arctic grayling, northern
pike, rainbow trout, lake trout, brook trout, cutthroat trout, whitefish, sheefish, Arctic
char (Dolly Varden), burbot, and landlocked coho, king, and sockeye salmon?
If yes, mixing zone may not be approved. 18 AAC 70.240(f) Human Health Does the mixing zone…
(1) contain bioaccumulating, bioconcentrating, or persistent chemicals above natural
levels to significantly adverse levels?
If yes, mixing zone may not be approved. 18 AAC 70.240(d)(1)
(2) contain chemicals expected to present a unacceptable risk to human health from
carcinogenic, mutagenic, teratogenic, or other effects as determined using risk
assessment methods approved by the Department?
If yes, mixing zone may not be approved.
18 AAC 70.240(d)(2)
(3) occur in a location where the department determines that a public health hazard
reasonably could be expected?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240(k)(4)
Aquatic Life
Does the mixing zone…
(1) cause a toxic effect in the water column, sediments, or biota outside the
boundaries of the mixing zone?
If yes, mixing zone may be approved as proposed or authorized with conditions.
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AK0062282 Kodiak Fisheries Research Center Page 41 of 41
Criteria Description Resources Regulation
(2) result in a reduction in fish or shellfish population levels?
If yes, mixing zone may be approved as proposed or authorized with conditions. 18 AAC 70.240(c)(4)(D)
(3) result in permanent or irreparable displacement of indigenous organisms?
If yes, mixing zone may be approved as proposed or authorized with conditions. 18 AAC 70.240(c)(4)(E)
(4) form a barrier to migratory species or fish passage?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240(c)(4)(G)
(5) result in undesirable or nuisance aquatic life?
If yes, mixing zone may not be approved.
18 AAC 70.240(d)(5)
(6) prevent lethality to passing organisms; or exceed acute aquatic life criteria at and
beyond the boundaries of a smaller initial mixing zone surrounding the outfall, the
size of which shall be determined using methods approved by the Department?
If no, mixing zone may not be approved.
18 AAC 70.240(d)(7)
18 AAC 70.240(d)(8)
Endangered
Species Are there threatened or endangered species (T/E spp) at the location of the mixing
zone? If yes, are there likely to be adverse effects to T/E spp based on comments
received from the United States Fish and Wildlife Service or National Oceanic and
Atmospheric Association. If yes, will conservation measures be included in the
permit to avoid adverse effects?
If yes, mixing zone may be approved as proposed or authorized with conditions.
18 AAC 70.240(c)(4)(F)
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KODIAK ISLAND BOROUGH
KODIAK FISHERIES
RESEARCH CENTER
CONTAMINATED SEAWATER
DISINFECTION SYSTEM
UPGRADE
ISSUED FOR CONSTRUCTION
MAY 2023
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KODIAK FISHERIES RESEARCH CENTER BIDDER REGISTRATION FORM
CONTAMINATED SEWATER
DISINFECTION SYSTEM UPGRADE
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:
Dave Conrad
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6398
Phone: (907) 486-9343
Fax: (907) 486-9347
Email: dconrad@kodiakak.us
END OF BIDDER REGISTRATION FORM
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KODIAK FISHERIES RESEARCH CENTER TABLE OF CONTENTS
CONTAMINATED SEAWATER
DISINFECTION SYSTEM UPGRADE
TABLE OF CONTENTS
DIVISION 0 – BIDDING REQUIREMENTS AND CONTRACT FORMS
00001 PROJECT TITLE PAGE
00100 INVITATION TO BID
00200 INSTRUCTIONS TO BIDDERS
00200a BID MODIFICATION
00200b SUBCONTRACTOR REPORT
00400 INFORMATION REQUIRED AT TIME OF BID
00410 BID FORM
00415 BID BOND
00420 NON-COLLUSION AFFIDAVIT
00500 CONSTRUCTION CONTRACT COVER
00510 CONSTRUCTION CONTRACT
00600 PERFORMANCE AND PAYMENT BONDS COVER
00610 PERFORMANCE AND PAYMENT BONDS
00700 GENERAL CONDITIONS COVER
00710 GENERAL CONDITIONS
00800 SUPPLEMENTARY CONDITIONS
00900 CLOSEOUT DOCUMENTS
DIVISION 1 – GENERAL REQUIREMENTS
01100 SUMMARY
01230 ALTERNATES
01250 CONTRACT MODIFICATION
01290 PAYMENT PROCEDURES
01310 PROJECT MANAGEMENT & COORDINATION
01330 SUBMITTAL PROCEDURES
01600 PRODUCT REQUIREMENTS
01770 CLOSEOUT PROCEDURES
DIVISION 2 – EXISTING CONDITIONS
024119 SELECTIVE DEMOLITION
DIVISION 46 – WATER AND WASTEWATER EQUIPMENT
44 44 14 CHEMICAL FEED SYSTEMS
46 66 13 ULTRAVIOLET DISINFECTION SYSTEM
END TABLE OF CONTENTS
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KODIAK FISHERIES RESEARCH CENTER PROJECT TITLE PAGE
CONTAMINATED SEAWATER 00001 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00001
PROJECT TITLE PAGE
KODIAK FISHERIES RESEARCH CENTER CONTAMINATED SEAWATER
DISINFECTION SYSTEM UPGRADE
KODIAK, ALASKA
BID DOCUMENTS
MAY 2023
ACKNOWLEDGEMENTS
OWNER
KODIAK ISLAND BOROUGH
ENGINEER
CRW ENGINEERING GROUP
END OF SECTION 00001
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KODIAK FISHERIES RESEARCH CENTER INVITATION TO BID
CONTAMINATED SEAWATER 00100 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00100
INVITATION TO BID
The KODIAK ISLAND BOROUGH will receive sealed bids until 2:00PM (LOCAL TIME), XXXX
XX, 2023, for the KODIAK FISHERIES RESEARCH CENTER CONTAMINATED SEWATER
DISINFECTION SYSTEM UPGRADE, Kodiak, Alaska.
A. All work to be done under one Contractor as described in the Scope of Work:
Demolition of existing ozone contactors and replacement with ultraviolet disinfection equipment
including ancillary plumbing, power, and controls. Replacement of existing sand filter media with
new media.
B. Anticipated Notice to Proceed is DATE. All work must be substantially complete not later than
DATE and final completion achieved not later than DATE.
C. Equal employment opportunity requirements prevail.
D. The Kodiak Island Borough reserves the right to reject or accept any or all bids, to waive
irregularities or informalities in the bid or in the bidding, and to give particular attention to the
qualifications of the Bidder.
E. All work must comply with applicable Federal, State, and Local permitting, codes, and standard
including requirements and conditions of employment to be observed and minimum wage rates to
be paid under the Contract.
F. All bids shall be accompanied by a bid bond, certified check, cashier check or money order in the
amount of not less than five percent (5%) of the total amount bid. Bid bonds shall be in a form
satisfactory to the Kodiak Island Borough.
G. There will be a non-mandatory pre-bid conference on DATE at 10:00 am local time at Kodiak
Fisheries Research Center at 301 Research Court, Kodiak, AK 99615. All interested bidders are
encouraged to attend this pre-bid conference.
H. Complete bidding documents for this project are available the Kodiak Island Borough website at
www.kodiakak.us.
I. Bidders are responsible for their own printing. Bid documents are not available from the
Architect or the Owner. Printed copies may be obtained by downloading the documents and
ordered from reprographic companies by contacting a reprographer directly. Downloaded files
may also be printed on the plan holder’s equipment. Plan holders are responsible for their own
reproduction costs. No hard copies will be sent. The Contractor that is awarded the project will be
responsible for printing all documents necessary for performing the work.
J. Addenda will be posted only on the KIB website. Registered bidders will receive email
notification of an Addendum when it has been posted on the website. Planholders lists will not be
provided directly to bidders. Planholders lists will be posted on the KIB website and updated
periodically. It is the bidders responsibility to obtain the planholders list by downloading it from
the KIB website, www.kodiakak.us
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KODIAK FISHERIES RESEARCH CENTER INVITATION TO BID
CONTAMINATED SEAWATER 00100 - 2
DISINFECTION SYSTEM UPGRADE
CONTACT PERSON:
DAVE CONRAD
ENGINEERING/FACILITIES DEPARTMENT
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
PHONE: (907) 486-9340
FAX: (907) 486-9347
EMAIL: dconrad@kodiakak.us
BID PACKAGE AVAILABLE July 1, 2022
SUBMIT BIDS AND REQUIRED DOCUMENTS TO:
OFFICE OF BOROUGH MANAGER
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, AK 99615
BID ENVELOPES MUST BE CLEARLY MARKED KODIAK FISHERIES RESEARCH
CENTER CONTAMINATED SEWATER DISINFECTION UPGRADE.
BIDS WILL BE RECEIVED ONLY UNTIL THE TIME STATED ABOVE, AT WHICH TIME
THEY WILL BE PUBLICLY OPENED AND READ ALOUD IN THE KIB ASSEMBLY
CHAMBERS, 710 MIL BAY ROAD, KODIAK, ALASKA. BIDS RECEIVED AFTER THE TIME
STATED ABOVE WILL BE RETURNED UNOPENED.
BIDDING CLOSES 2:00 PM (LOCAL TIME), DATE.
DAVID CONRAD
ACTING BOROUGH MANAGER
END OF SECTION 00100
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KODIAK FISHERIES RESEARCH CENTER INSTRUCTIONS TO BIDDERS
CONTAMINATED SEAWATER 00200 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00200
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids,
which are defined in the General Conditions, have the meanings assigned to them in the General
Conditions. The term "Bidder" means one who submits a Bid directly to the OWNER, as distinct from a
sub-bidder, who submits a Bid to a Bidder.
2.0 INTERPRETATIONS AND ADDENDA.
a. INTERPRETATIONS. Clarification or interpretation of the Bidding Documents shall be
made through a written request to the Project Manager at least five days prior to the date
for receipt of bids. Questions received less than seven Days prior to the Deadline for Bids
may not be answered. Only questions answered by formal written Addendum will be
binding. Oral and other interpretations or clarifications will be without legal effect.
b. ADDENDA. Interpretations, corrections, and changes of the Bidding Documents will be
made by Addendum. Addenda will be made available through the Kodiak Island Borough
website. Registered Bidders will receive notification that an addendum is available.
Bidders are responsible for downloading the addendum from the Kodiak Island Borough
website.
3.0 FAIR COMPETITION. More than one Bid from an individual, firm, partnership, corporation,
or association under the same or different names will not be considered. If the OWNER believes that any
Bidder is interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is
interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will
be rejected.
4.0 RESPONSIBILITY OF BIDDERS. Only responsive Bids from responsible Bidders will be
considered. A Bid submitted by a Bidder determined to be not responsible may be rejected. The OWNER
may find a bidder to be not responsible for any one of the following reasons, but is not limited in its
responsibility analysis to the following factors:
a. Evidence of bid rigging or collusion;
b. Fraud or dishonesty in the performance of previous contracts;
c. Record of integrity;
d. More than one bid for the same work from an individual, firm, or corporation under the
same or different name;
e. Unsatisfactory performance on previous or current contracts;
f. Failure to pay, or satisfactorily settle, all bills due for labor and material on previous
contracts;
g. Uncompleted work that, in the judgment of the OWNER, might hinder or prevent the
bidder’s prompt completion of additional work, if awarded;
h. Failure to reimburse the OWNER for monies owed on any previous contracts;
i. Default under previous contracts;
j. Failure to comply with any qualification requirements of the OWNER; special standards
for responsibility, if applicable, will be specified. These special standards establish
minimum standards or experience required for a responsible Bidder on a specific
contract;
k. Lack of skill, ability, financial resources, or equipment required to perform the contract;
or
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KODIAK FISHERIES RESEARCH CENTER INSTRUCTIONS TO BIDDERS
CONTAMINATED SEAWATER 00200 - 2
DISINFECTION SYSTEM UPGRADE
l. Lack of legal capacity to contract.
m. Bidders must be registered as required by law and in good standing for all amounts owed
to the OWNER per Paragraph 21.0 of this Section.
Nothing contained in this section deprives the OWNER of its discretion in determining the lowest
responsible bidder. Before a Bid is considered for award, a Bidder may be requested to submit
information documenting its ability and competency to perform the WORK, according to general
standards of responsibility and any special standards which may apply. It is Bidder’s responsibility to
submit sufficient, relevant, and adequate information. OWNER will make its determination of
responsibility and has no obligation to request clarification or supplementary information.
5.0 NON-RESPONSIVE BIDS. Only responsive Bids will be considered. Bids may be considered
non-responsive and may be rejected. Some of the reasons a Bid may be rejected for being non- responsive
are:
a. If a Bid is received by the OWNER after the Deadline for Bids.
b. If the Bid is on a form other than that furnished by the OWNER, or legible copies
thereof; or if the form is altered or any part thereof is detached; or if the Bid is improperly
signed.
c. If there are unauthorized additions, conditional or alternate Bids, or irregularities of any
kind which may tend to make the bid incomplete, indefinite, ambiguous as to its
meaning, or in conflict with the OWNER’s Bid document.
d. If the Bidder adds any unauthorized conditions, limitations, or provisions reserving the
right to accept or reject any award, or to enter into a contract pursuant to an award. This
does not exclude a Bid limiting the maximum gross amount of awards acceptable to any
one Bidder at any one Bid opening, provided that any selection of awards will be made
by the OWNER.
e. If the Bid does not contain a Unit Price for each pay item listed, except in the case of
authorized alternate pay items.
f. If the Bidder has not acknowledged receipt of each Addendum.
g. If the Bidder fails to furnish an acceptable Bid guaranty with the Bid.
h. If any of the Unit Prices Bid are excessively unbalanced (either above or below the
amount of a reasonable Bid) to the potential detriment of the OWNER.
i. If a Bid modification does not conform to Article 10.0 of this Section.
6.0 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS.
It is the responsibility of each Bidder before submitting a Bid:
a. To examine thoroughly the Contract Documents, and other related data identified in the
Bidding documents (including "technical data" referred to below):
1. To consider federal, state and local laws and regulations that may affect cost,
progress, or performance of the WORK,
2. To study and carefully correlate the Bidder's observations with the Contract
Documents, and other related data; and
b. To notify the OWNER of all conflicts, errors, or discrepancies in or between the Contract
Documents and such other related data.
c. The submission of a Bid will constitute an incontrovertible representation by the Bidder
that the Bidder has complied with every requirement of Article 6.0, "Bidder's
Examination of Contract Documents " herein, that without exception the Bid is premised
upon performing the WORK required by the Contract Documents and such means,
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KODIAK FISHERIES RESEARCH CENTER INSTRUCTIONS TO BIDDERS
CONTAMINATED SEAWATER 00200 - 3
DISINFECTION SYSTEM UPGRADE
methods, techniques, sequences, or procedures of construction as may be indicated in or
required by the Contract Documents, and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and conditions for
performance of the WORK.
7.0 BID FORM.
a. Bids and bidding information shall be submitted on the Bid Form and other documents
provided and as stipulated in the Invitation to Bid.
b. All blanks on the Bid Form shall be filled out.
c. All requested Alternates shall be bid. If no change in the Base Bid is required, enter “0.”
d. The Bidder shall make no stipulations on the bid form nor qualify the Bid in any other
manner.
e. All documents requiring a signature shall be signed by the person or persons legally
authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the
state of incorporation and have the corporate seal affixed. A Bid submitted by an agent
shall have the current power of attorney attached certifying the agent’s authority to bind
the Bidder.
8.0 SUBMISSION OF BIDS. All information required for bidding shall be submitted in accordance
with the Invitation to Bid. The Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids. Oral, telephonic, telegraphic, facsimile or other transmitted bids will not be
considered.
9.0 DISCREPANCIES IN BIDS. In the event there is more than one Pay Item in a Bid Schedule,
the Bidder shall furnish a price for all Pay Items in the schedule, and failure to do so may render the Bid
non-responsive and cause its rejection. In the event there are Unit Price Pay Items in a Bid Schedule and
the “amount” indicated for a Unit Price Bid Item does not equal the product of the Unit Price and
quantity, the Unit Price shall govern and the amount will be corrected accordingly, and the Bidder shall
be bound by said correction. In the event there is more than one Pay Item in a Bid Schedule and the total
indicated for the schedule does not agree with the sum of the prices Bid on the individual items, the prices
Bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and
the Bidder shall be bound by said correction.
10.0 BID MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS.
a. A Bid may not be modified, withdrawn, or canceled by the Bidder for 90 days following
the time and date designated for the receipt of Bids, and each Bidder so agrees in
submitting a Bid.
b. Prior to the date and time designated for receipt of Bids, a Bid submitted may be
modified or withdrawn by the Bidder.
c. See the Bid Modification form which must be used to modify a bid after it has been
submitted. The bid modification form may be delivered in person, by mail or by fax to
the Contact Person listed in the Invitation to Bid. The Bid Modification form must be
received by the Contact Person no later than the deadline for bids. Modifications will be
time and date stamped which will establish the official time of receipt of the
Modification. The Modification must not reveal the bid price but should be in the form of
an addition or subtraction or other modification so that final prices will not be known
until the sealed bid is opened. Submittal by the bidder of any form other than the Bid
Modification form included in this section may deem the modification unacceptable and
be cause for the bid to be rejected.
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KODIAK FISHERIES RESEARCH CENTER INSTRUCTIONS TO BIDDERS
CONTAMINATED SEAWATER 00200 - 4
DISINFECTION SYSTEM UPGRADE
d. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to Bidders.
11.0 BID PROTESTS
A formal written protest shall be filed by an aggrieved bidder within 10 business days after announcement
of the Notice of Intent to Award. Late protests shall not be considered. The written protest shall, at a
minimum, include the following:
Name, address, and phone number of protesting contractor;
Authorized signature of the protesting contractor, or the contractor’s representative;
Identification of the proposed award;
Copies of all relevant documents;
Reason for the bid protest.
Protests will be evaluated by the BOROUGH MANAGER. The decision of the BOROUGH MANAGER
shall be final.
12.0 AWARD OF CONTRACT.
Award of a contract, if it is awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Technical Specifications and will be made to the lowest responsive,
responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified,
any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to
remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an
individual Bid Schedule.
If the OWNER has elected to advertise this Project with a Base Bid and Alternates, the OWNER may
elect to award the contract for the Base Bid, or the Base Bid in combination with one or more Alternates
selected by the OWNER. In either case, award shall be made to the responsive, responsible bidder
offering the lowest total Bid for the WORK to be awarded.
END OF SECTION 00200
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KODIAK FISHERIES RESEARCH CENTER BID MODIFICATION
CONTAMINATED SEAWATER 00200a - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00200a
BID MODIFICATION
Kodiak Fisheries Research Center Contaminated Seawater Disinfection System Upgrade
Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to the
party receiving Bids at the place designated for receipt of Bids. All modifications shall be made to the
original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid. If
more than one Modification form is submitted by any one bidder, changes from all Modification forms
submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be
calculated by the Owner. Bidder may use multiple modification pages if required.
Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be
expressed in both words and figures. In case of discrepancy, the amount written in words shall govern.
Bid Item
(Base Bid, Alternate,
etc)
Addition /
Deduction
(circle one)
Amount in
Figures Amount in Words
Addition /
Deduction $
Addition /
Deduction $
Addition /
Deduction $
Addition /
Deduction $
Addition /
Deduction $
Addition /
Deduction $
___________________________________________________
Name of Bidding Firm
__________________________________________________
Responsible Party Signature Date
___________________________________________________
Printed Name (must be authorized signatory for Bidding Firm)
END OF SECTION 00200a
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KODIAK FISHERIES RESEARCH CENTER SUBCONTRACTOR REPORT
CONTAMINATED SEAWATER 00200b - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00200b
SUBCONTRACTOR REPORT
LIST OF SUBCONTRACTORS (AS 36.30.115)
The apparent low Bidder must submit a list of Subcontractors that the Bidder proposes to use in the
performance of this contract on the fifth business day following the Posting Notice of Bids. If the fifth day
falls on a weekend or holiday, the report is due by close of business on the next business Day following the
weekend or holiday. The Subcontractor Report list must include each Subcontractor's name, address,
location, evidence of valid Alaska Business License, and valid Alaska Contractor's Registration under AS
08.18. If no Subcontractors are to be utilized in the performance of the WORK, write in ink or type
"NONE" on line (1) below
SUBCONTRACTOR
NAME AND ADDRESS
1 AK Contractor
License No.
2 AK Business
License No.
1 Contact Name
2 Phone No.
Type of Work Contract Amount if
DBE
1 1 1 $
2 2
2 1 1 $
2 2
3 1 1 $
2 2
4 1 1 $
2 2
I certify that the above listed Alaska Business License(s) and Contractor registrations, if applicable, were
valid at the time Bids were opened for this project.
____________________________________________________
Contractor, Authorized Signature
____________________________________________________
Contractor, Printed Name
____________________________________________________
Company
END OF SECTION 00200b
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KODIAK FISHERIES RESEARCH CENTER INFORMATION REQUIRED AT TIME OF BID
CONTAMINATED SEAWATER 00400 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00400
INFORMATION REQUIRED AT TIME OF BID
1.1. The Kodiak Island Borough (KIB) requires the following at the time of bid in order for a bid to
be deemed responsive:
1. Completed Bid Form
2. Fully executed Non-Collusion Affidavit form
3. Fully executed Bid Bond in an amount of 5% of the bid
4. Name of UV Disinfection Equipment Supplier with proposed installation layout
END OF SECTION 00400
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KODIAK FISHERIES RESEARCH CENTER BID FORM
CONTAMINATED SEAWATER 00410 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00410
BID FORM
KODIAK FISHERIES RESEARCH CENTER CONTAMINATED SEWATER DISINFECTION
SYSTEM UPGRADE
The undersigned Bidder agrees to perform the work required at the amount specified in strict
conformance with the terms of this solicitation and the Contract Documents. This offer is valid for sixty
(60) calendar days after the date offers are due. If differences between the written and printed form, the
written form shall prevail.
1. BASE BID
Having become completely familiar with the local conditions affecting the cost of the work at the
place where work is to be executed, and having carefully examined the site and building conditions as
they currently exist, and having carefully examined the proposed contract documents, together with
any addenda to such contract documents as listed hereinafter, the undersigned hereby proposes and
agrees to provide all labor, materials, equipment, transportation, supervision and other facilities as
necessary and/or required to execute all of the work described by the aforesaid contract documents for
the lump sum consideration of:
_________________________________________________________________________________
(in words)
$_________________________
(in numbers)
Said amount being hereinafter referred to as the base bid, base bid proposed, or lump sum.
2. ALTERNATES
The undersigned proposes to perform alternates for the stated resulting additions or deductions from
the base bid. Additions and deductions shall include any modifications of work or additional work
that the undersigned may deem to be required to perform by reason of the acceptance or rejection of
any alternate, including allowances for overhead and profit, and in accordance with the Project
Schedule Milestone Dates. The Owner reserves the right to award the alternates in any order or
number and include them in the contract award price.
A. NONE
_________________________________________________________________________________
(in words)
$_________________________
(in numbers)
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KODIAK FISHERIES RESEARCH CENTER BID FORM
CONTAMINATED SEAWATER 00410 - 2
DISINFECTION SYSTEM UPGRADE
3. ACKNOWLEDGEMENT OF ADDENDA
The offeror acknowledges receipt of addenda to the solicitation. Provide the number and date of each.
Addendum Number Date
___________________________ _____________________
___________________________ _____________________
___________________________ _____________________
___________________________ _____________________
4. CONTRACTOR QUALIFICATIONS
Kodiak Island Borough will only accept bids from qualified bidders. To be qualified to bid on this
project, the bidder must have successfully completed two (2) projects of similar cost, size, and type,
and with similar bonding requirements, in the last ten (10) years. The “type” or project is defined as a
industrial water, wastewater, fish processing, or other plumbing project. By signing this form, the
bidder certifies their compliance with this requirement. Failure to provide the required signatures and
other information may disqualify the bid.
Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly
engaged in construction, alteration or repair of building, structures, communication facilities, or other
engineering projects.
Bidder must have the necessary experience, organization, technical qualifications, financial resources
and facilities available to perform the contemplated work.
Bidder must have current Alaska Business license, Alaska General Contractor license, and in all
respects meet Federal, State, and local requirements to qualify as a responsible bidder. By signing this
form (and providing seal if a corporation) Bidder warrants that it meets these requirements.
5. TIME OF COMPLETION
The undersigned agrees to complete all work under this contract in accordance with the project
completion dates set forth under Section 00100.
6. The undersigned agrees that upon receipt of the notice of acceptance of his bid, he will execute the
formal contract, and will deliver all proper bonds and proof of insurance coverage as may be required
by the contract documents.
7. The undersigned agrees to accept the Assignment of the Bid Allowance as set forth in Section 01031,
Bid Allowances.
8. The undersigned further agrees to execute the formal contract within ten (10) days from the date of
the notice of acceptance of this bid, and in case the undersigned fails or neglects to appear within the
specified time to execute the contract, the undersigned will be considered as having abandoned the
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KODIAK FISHERIES RESEARCH CENTER BID FORM
CONTAMINATED SEAWATER 00410 - 3
DISINFECTION SYSTEM UPGRADE
contract, and the bid bond accompanying this bid will be forfeited to the Owner by reason of such
failure on the part of the undersigned.
9. The undersigned further agrees to commence with the work under the contract in accordance with the
date of commencement of the Work established in the Notice to Proceed.
10. The undersigned further agrees that the bid security may be retained by the Owner and that said bid
guarantee shall remain with the Owner until the contract has been executed by the Owner.
11. The undersigned has checked all of the above figures, and understands that the Owner will not be
responsible for any errors or omissions on the part of the undersigned in preparing this bid.
12. In submitting this bid, it is understood that the right is reserved by the Owner to reject any or all bids
and waive any informalities and irregularities in connection therewith. It is agreed that this bid may
not be withdrawn for a period of sixty (60) days from the date and time of opening.
13. The undersigned declares that the person or persons signing this Bid Form is/are fully authorized to
sign on behalf of the firm listed and to fully bind the firm listed to all the conditions and provisions
thereof.
14. It is agreed that no person or persons or company other than the firm listed below or as otherwise
indicated has any interest whatsoever in this bid or the contract that may be entered into as a result of
the bid and that in all respects the proposal is legal and firm, submitted in good faith without collusion
for fraud.
15. It is agreed that the undersigned has complied or will comply with all requirements of local, state and
national laws, and that no legal requirement has been or will be violated in making or accepting this
bid in awarding the contract to him and/or in the prosecution of the work required.
Respectfully submitted:
Date:________________________________________________________________________________
Firm Name:___________________________________________________________________________
Address: _____________________________________________________________________________
____________________________________________________________________________________
Signature: ____________________________________________________________________________
Name (Typed or Printed): _______________________________________________________________
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KODIAK FISHERIES RESEARCH CENTER BID FORM
CONTAMINATED SEAWATER 00410 - 4
DISINFECTION SYSTEM UPGRADE
Title:________________________________________________________________________________
CORPORATE SEAL
END OF SECTION 00410
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KODIAK FISHERIES RESEARCH CENTER BID BOND
CONTAMINATED SEAWATER 00415 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00415
BID BOND
Date Bond Executed
Principal
Surety
Penal Sum of Bond (Express in words and figures) Date of Bid
KNOW ALL MEN BY THESE PRESENT, that we, the PRINCIPAL and SURETY above named, are
held and firmly bound to the Kodiak Island Borough, hereinafter called the Borough, in the penal sum of
the amount stated above, for the payment of which sum well and truly made, we bind ourselves and our
legal representatives and successors, jointly and severally, firmly by this instrument. THE CONDITION
OF THE FOREGOING OBLIGATION is that the Principal has submitted the accompanying bid or
proposal in writing, date as shown above, for KODIAK FISHERIES RESEARCH CENTER
CONTAMINATED SEAWATER DISINFECTION SYSTEM UPGRADE in accordance with plans
and specifications filed in the offices of the Borough and under the invitation for bids therefore, and is
required to furnish bond in the amount stated above.
If Principal, within the period specified in the Proposal, after receiving written notice of
Intent to Award the contract for the project, or any part thereof, enters into a written
contract for the performance of the project and executes and delivers to the Borough good
and sufficient performance, labor and material bonds, then the foregoing obligation shall
be null and void, otherwise it shall remain in full force and effect.
The obligation on this bond shall in no event exceed the difference between the amount of the contract, if
finally awarded to another bidder, and the amount bid by Principal on the project.
In Presence of: WITNESS INDIVIDUAL PRINCIPAL
1.__________________________as to_________________________(Seal)
2.__________________________as to_________________________(Seal)
3.__________________________as to_________________________(Seal)
4.__________________________as to_________________________(Seal)
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KODIAK FISHERIES RESEARCH CENTER BID BOND
CONTAMINATED SEAWATER 00415 - 2
DISINFECTION SYSTEM UPGRADE
CORPORATE SURETY CORPORATE PRINCIPAL
Business Address Business Address
Attest by:_____________________Attest by:_____________________
Title:_________________________Title:_________________________
Affix Corporate Seal Affix Corporate Seal
The offered Bid Bond has been checked for adequacy under applicable statutes and regulations.
_____________________
Date Contracting Officer Kodiak Island Borough
The rate of premium on this bond is ______________per thousand. Total amount of premium charged,
$_________________________
(The above must be filled in by Corporate Surety)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ____________________________, certify that I am the ______________________ secretary of the
corporation named as principal in the within bond; that________________________ ,who signed the said
bond on behalf of the principal, was then ________________________________of said corporation; that
I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and
attested for in behalf of said corporation by authority of its governing body.
____________________CORPORATE SEAL
END OF SECTION 00415
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KODIAK FISHERIES RESEARCH CENTER NON-COLLUSION AFFIDAVIT
CONTAMINATED SEAWATER 00420 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00420
NON-COLLUSION AFFIDAVIT
NON-COLLUSION AFFIDAVIT
The Undersigned declares, under penalty of perjury under the laws of the United
States, that neither he/she nor the firm, association or corporation of which he is a
member, a bidder on this project has, either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of
free competitive bidding in connection with this bid.
The Undersigned has read the foregoing proposal and hereby agrees to the conditions
stated therein by affixing his/her signature below:
________________________
Signature
____________________________________________________________________
Name and Title of Person Signing
__________________________
Telephone Number
END OF SECTION 00420
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KODIAK FISHERIES RESEARCH CENTER CONSTRUCTION CONTRACT COVER
CONTAMINATED SEAWATER 00500 - 1
DISINFECTION SYSTEM UPGRADE`
SECTION 00500
CONSTRUCTION CONTRACT COVER
FORM OF AGREEMENT
1. The attached document forms the Contract between the Owner and Contractor.
END OF SECTION 00500
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KODIAK FISHERIES RESEARCH CENTER CONSTRUCTION CONTRACT
CONTAMINATED SEAWATER 00510 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00510
CONSTRUCTION CONTRACT
KODIAK ISLAND BOROUGH, ALASKA
CONSTRUCTION CONTRACT
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
Company Name
Company Address (Street or PO Box, City, State, Zip)
a/an Individual Partnership Joint Venture Sole Proprietorship Corporation
incorporated under the laws of the State of _____________, its successors and assigns, herein called the
Contractor, is effective the date of the signature of the Borough Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the
Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all
the work and labor required in the construction of the above-referenced project as bid by the Contractor,
which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a
part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for
additional work or materials, done or furnished by the Contractor and not specifically herein provided for,
will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered
by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the
Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials,
work, or labor are required by the Contract or on written order furnished by the Borough. Any such work
or materials which may be done or furnished by the Contractor without written order first being given
shall be at the Contractor’s own risk, cost, and expense and the Contractor hereby covenants and agrees to
make no claim for compensation for work or materials done or furnished without such written order.
Payment under this Contract shall not exceed ____________________________________ dollars
($_________) .
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: or within ____ calendar days following the date of notice to proceed. [The
Borough's signature below shall constitute notice to proceed.] It is expressly understood and agreed that
in case of the failure on the part of the Contractor, for any reason, except with the written consent of the
Borough, to complete the furnishing and delivery of materials and the doing and performance of the work
before the aforesaid date, the Borough shall have the right to deduct from any money due or which may
become due the Contractor, or if no money shall be due, the Borough shall have the right to recover
Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the
time stipulated for achieving substantial completion of an individual phase and the actual date of
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KODIAK FISHERIES RESEARCH CENTER CONSTRUCTION CONTRACT
CONTAMINATED SEAWATER 00510 - 2
DISINFECTION SYSTEM UPGRADE
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 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 $ Payment Bond, and $____________
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 _______________________ 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) ______________________________________; (2) _________________________________.
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions.
CONTRACTOR
Company Name
Signature of Authorized Company Representative
Typed Name and Title
Date
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KODIAK FISHERIES RESEARCH CENTER CONSTRUCTION CONTRACT
CONTAMINATED SEAWATER 00510 - 3
DISINFECTION SYSTEM UPGRADE
KODIAK ISLAND BOROUGH
Signature of Borough Manager
Typed Name
Date
Borough Clerk
(ATTEST)
END OF SECTION 00510
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KODIAK FISHERIES RESEARCH CENTER PERFORMANCE AND PAYMENT BONDS COVER
CONTAMINATED SEAWATER 00600 - 1
DISINFECTION SYSTEM UPGRADE`
SECTION 00600
PERFORMANCE AND PAYMENT BONDS COVER
BOND FORMS
1. The attached document forms the performance and payment bonds.
END OF SECTION 00600
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KODIAK FISHERIES RESEARCH CENTER PERFORMANCE AND PAYMENT BONDS
CONTAMINATED SEAWATER 00610 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00610
PERFORMANCE AND PAYMENT BONDS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That
Of as Principal, and
Of, as Surety, firmly bound
And held unto the Kodiak Island Borough in the penal sum of
dollars ($ ), good and lawful money of the United States of America
for the payment whereof, well and truly to be paid to the Kodiak Island Borough, we bind ourselves, our
heirs, successors, executors, administrators and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has entered into a written contract with the Kodiak Island Borough, on the
day of , A.D., 2022 for performance of the KODIAK FISHERIES RESEARCH
CENTER CONTAMINATED SEAWATER DISINFECTION SYSTEM UPGRADE. Said work to
be done according to the terms of said Contract.
Now, THEREFORE, the conditions of the foregoing obligations are such that if the said Principals
shall well and truly perform and complete all obligations and work under said Contract and the Proposal,
and Contract Documents of the Kodiak Island Borough, to which reference is hereby made and which are
by reference made a part thereof, according to the terms as the same are now constituted or as they may
thereafter be modified in accordance with the provisions of said Contract and Specifications and during
the life of any guarantee required under the Contract shall comply with all requirements of law, and shall
indemnify and hold harmless the Kodiak Island Borough, the Borough Manager and employees thereof
against any damages or loss which they or any of them may suffer or for which they or any of them
become liable by the default of said principals, their agents, servants, employees, or by any act of
omission of said principals, their agents, servants, employees, in the performance of said Contract, and if
the principals shall reimburse upon demand of the Kodiak Island Borough any sums paid to it which
exceeds the final payment determined to be due upon completion of the Project, and then these presents
shall become null and void; otherwise they shall remain in full force and effect.
IN WITNESS THEREOF, we have hereunto set our hands and seals at Kodiak, Alaska, this _day of
, A.D., 2023.
Principal:
By:
By:
Surety:
By:
By:
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KODIAK FISHERIES RESEARCH CENTER PERFORMANCE AND PAYMENT BONDS
CONTAMINATED SEAWATER 00610 - 2
DISINFECTION SYSTEM UPGRADE
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That
Of as Principal, and
Of, as Surety, firmly bound
And held unto the Kodiak Island Borough in the penal sum of
dollars ($ ), good and lawful money of the United States of America
for the payment whereof, well and truly to be paid to the Kodiak Island Borough, we bind ourselves, our
heirs, successors, executors, administrators and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has entered into a written contract with the Kodiak Island Borough, on the
day of , A.D., 2022 for performance of the KODIAK FISHERIES RESEARCH
CENTER CONTAMINATED SEAWATER DISINFECTION SYSTEM UPGRADE Said work to be
done according to the terms of said Contract.
NOW, THEREFORE, the conditions of the foregoing obligations are such that if the said
principals shall comply with all requirements of law and pay, as they become due, all just claims for labor
performed and materials and supplies furnished upon or for the work under said contract, whether said
labor be performed and said materials and supplies be furnished under the original contract, any
subcontract, or any and all duly authorized modifications thereto, and shall indemnify and save harmless
the Kodiak Island Borough, Borough Manager and employees thereof against any damage or loss which
they or any of them may suffer or for which they or any of them become liable; by the default of said
principals, or by any neglect or carelessness on the part of said principals, their agents, servants or
employees, then these presents shall become void, otherwise they shall remain in full force and effect.
IN WITNESS THEREOF, we have hereunto set our hands and seals at Kodiak, Alaska, this _day of
, A.D., 2022.
Principal:
By:
By:
Surety:
By:
By:
END OF SECTION 00610
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KODIAK FISHERIES RESEARCH CENTER GENERAL CONDITIONS COVER
CONTAMINATED SEAWATER 00700 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00700
GENERAL CONDITIONS COVER
FORM OF GENERAL CONDITIONS
1.1 General Conditions of the Contract, 00710 attached, is the General Conditions between the
Owner and Contractor.
SUPPLEMENTARY CONDITIONS
2.1 Refer to Document 00800 for amendments to these General Conditions.
END OF SECTION 00700
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KODIAK FISHERIES RESEARCH CENTER GENERAL CONDITIONS
CONTAMINATED SEAWATER 00710 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 00710
GENERAL CONDITIONS
KODIAK ISLAND BOROUGH, ALASKA
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS .......................................................................................................................5
ARTICLE 2 - AUTHORITIES & LIMITATIONS ...................................................................................9
2.1 Authorities and Limitations................................................................................................................9
2.2 Evaluations by Contracting Officer....................................................................................................9
2.3 Means & Methods.............................................................................................................................10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................................10
3.1 Incomplete Contract Documents ......................................................................................................10
3.2 Copies of Contract Documents.........................................................................................................10
3.3 Scope of Work..................................................................................................................................10
3.4 Intent of Contract Documents...........................................................................................................10
3.5 Discrepancy in Contract Documents ................................................................................................11
3.6 Clarifications and Interpretations (RFIs)..........................................................................................11
3.7 Ownership and Reuse of Documents................................................................................................13
ARTICLE 4 – LANDS AND PHYSICAL CONDITIONS .......................................................................13
4.1 Availability of Lands........................................................................................................................13
4.2 Visit to Site.......................................................................................................................................13
4.3 Explorations and Reports..................................................................................................................13
4.4 Utilities..............................................................................................................................................13
4.5 Damaged Utilities.............................................................................................................................14
4.6 Utilities Not Shown or Indicated......................................................................................................14
4.7 Survey Control..................................................................................................................................15
ARTICLE 5 – BONDS, INSURANCE, AND INDEMNIFICATION .....................................................15
5.1 Delivery of Bonds.............................................................................................................................15
5.2 Bonds................................................................................................................................................15
5.3 Replacement of Bond and Surety .....................................................................................................16
5.4 Insurance Requirements....................................................................................................................16
5.5 Indemnification.................................................................................................................................18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.........................................................................18
6.1 Supervision of Work.........................................................................................................................18
6.2 Superintendence by Contractor.........................................................................................................18
6.3 Character of Workers........................................................................................................................18
6.4 Contractor to Furnish........................................................................................................................19
6.5 Materials and Equipment..................................................................................................................19
6.6 Anticipated Schedules.......................................................................................................................19
6.7 Finalizing Schedules.........................................................................................................................20
6.8 Adjusting Schedules .........................................................................................................................21
6.9 Substitutes or "Or Equal" Items........................................................................................................21
6.10 Reserved............................................................................................................................................23
6.11 Reserved............................................................................................................................................23
6.12 Dividing the Work............................................................................................................................23
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KODIAK FISHERIES RESEARCH CENTER GENERAL CONDITIONS
CONTAMINATED SEAWATER 00710 - 2
DISINFECTION SYSTEM UPGRADE
6.13 Subcontractors ..................................................................................................................................23
6.14 Use of Premises ................................................................................................................................24
6.15 Structural Loading............................................................................................................................24
6.16 Record Documents............................................................................................................................24
6.17 Safety and Protection........................................................................................................................24
6.18 Safety Representative .......................................................................................................................25
6.19 Emergencies......................................................................................................................................25
6.20 Shop Drawings and Samples............................................................................................................25
6.21 Shop Drawing and Sample Review..................................................................................................26
6.22 Maintenance During Construction....................................................................................................27
6.23 Continuing the Work ........................................................................................................................27
6.24 Consent to Assignment.....................................................................................................................27
6.25 Use of Explosives.............................................................................................................................27
6.26 Contractor's Records.........................................................................................................................27
ARTICLE 7 - LAWS AND REGULATIONS ...........................................................................................28
7.1 Laws to be Observed.........................................................................................................................28
7.2 Permits, Licenses, and Taxes............................................................................................................28
7.3 Patented Devices, Materials and Processes ......................................................................................28
7.4 Compliance of Specifications and Drawings....................................................................................29
7.5 Accident Prevention..........................................................................................................................29
7.6 Sanitary Provisions...........................................................................................................................29
7.7 Business Registration........................................................................................................................29
7.8 Professional Registration and Certification......................................................................................29
7.9 Local Building Codes.......................................................................................................................29
7.10 Environmental Quality Control ........................................................................................................30
7.11 Archaeological or Paleontological Discoveries................................................................................30
7.12 Alaska Agricultural Products............................................................................................................30
7.13 Preferential Employment..................................................................................................................30
7.14 Wages and Hours of Labor...............................................................................................................30
7.15 Overtime Work Hours and Compensation........................................................................................31
7.16 Covenant Against Contingent Fees...................................................................................................31
7.17 Officials Not To Benefit...................................................................................................................31
7.18 Personal Liability of Public Officials ...............................................................................................31
ARTICLE 8 - OTHER WORK ...................................................................................................................31
8.1 Related Work At Site........................................................................................................................32
8.2 Access, Cutting, and Patching..........................................................................................................32
8.3 Defective Work By Others ...............................................................................................................33
8.4 Coordination.....................................................................................................................................33
ARTICLE 9 - CHANGES............................................................................................................................33
9.1 Borough's Right to Change...............................................................................................................33
9.2 Authorization of Changes within the General Scope........................................................................33
9.3 Directive............................................................................................................................................33
9.4 Change Order....................................................................................................................................34
9.5 Shop Drawing Variations..................................................................................................................34
9.6 Changes Outside the General Scope; Supplemental Agreement......................................................34
9.7 Unauthorized Work...........................................................................................................................34
9.8 Notification of Surety.......................................................................................................................35
9.9 Differing Site Conditions..................................................................................................................35
ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE............................................35
10.1 Contract Price ...................................................................................................................................35
10.2 Claim For Price Change....................................................................................................................35
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10.3 Change Order Price Determination...................................................................................................35
10.4 Cost of the Work...............................................................................................................................36
10.5 Excluded Costs .................................................................................................................................37
10.6 Contractor's Fee................................................................................................................................38
10.7 Cost Breakdown................................................................................................................................38
10.8 Cash Allowances...............................................................................................................................38
10.9 Unit Price Work................................................................................................................................39
10.10 Determinations for Unit Prices.........................................................................................................39
ARTICLE 11 - CONTRACT TIME: COMPUTATION AND CHANGE .............................................39
11.1 Commencement of Contract Time....................................................................................................39
11.2 Starting the Work..............................................................................................................................39
11.3 Computation of Contract Time.........................................................................................................40
11.4 Time Change.....................................................................................................................................40
11.5 Extension Due to Delays...................................................................................................................40
11.6 Essence of Contract ..........................................................................................................................40
11.7 Reasonable Completion Time...........................................................................................................40
11.8 Delay Damages.................................................................................................................................40
ARTICLE 12 - QUALITY ASSURANCE .................................................................................................41
12.1 Warranty and Guaranty.....................................................................................................................41
12.2 Access to Work.................................................................................................................................41
12.3 Tests and Inspections........................................................................................................................41
12.4 Uncovering Work .............................................................................................................................42
12.5 Borough May Stop the Work............................................................................................................43
12.6 Correction or Removal of Defective Work.......................................................................................43
12.7 One Year Correction Period .............................................................................................................43
12.8 Acceptance of Defective Work.........................................................................................................43
12.9 Borough May Correct Defective Work ............................................................................................44
ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION ............................................44
13.1 Schedule of Values...........................................................................................................................44
13.2 Preliminary Payments.......................................................................................................................44
13.3 Application For Progress Payment...................................................................................................45
13.4 Review of Application for Progress Payment...................................................................................45
13.5 Stored Materials and Equipment.......................................................................................................45
13.6 Contractor's Warranty of Title..........................................................................................................45
13.7 Withholding of Payments.................................................................................................................45
13.8 Retainage ..........................................................................................................................................46
13.9 Request for Release of Funds ...........................................................................................................46
13.10 Substantial Completion.....................................................................................................................46
13.11 Access Following Substantial Completion.......................................................................................47
13.12 Final Inspection.................................................................................................................................47
13.13 Final Completion and Application for Payment...............................................................................47
13.14 Final Payment...................................................................................................................................47
13.15 Final Acceptance...............................................................................................................................48
13.16 Contractor's Continuing Obligation..................................................................................................48
13.17 Waiver of Claims by Contractor.......................................................................................................48
13.18 No Waiver of Legal Rights...............................................................................................................48
ARTICLE 14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION ..................................48
14.1 Borough May Suspend Work ...........................................................................................................48
14.2 Default of Contract...........................................................................................................................49
14.3 Rights or Remedies...........................................................................................................................50
14.4 Convenience Termination.................................................................................................................50
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ARTICLE 15 - CLAIMS AND DISPUTES ...............................................................................................52
15.1 Notification.......................................................................................................................................52
15.2 Presenting Claim...............................................................................................................................52
15.3 Claim Validity, Additional Information, and Contracting Officer's Actions ...................................53
15.4 Notice of Appeal...............................................................................................................................53
15.5 Borough Manager's Decision............................................................................................................53
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ARTICLE 1 - DEFINITIONS
Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used, the
intent or meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth
below.
The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of
reference and shall not be considered as having bearing on their interpretation.
Whenever used in the Specifications or other Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural thereof. Working titles which have a masculine
gender are intended to refer to person of either sex.
Terms not defined below shall have their ordinary accepted meanings within the context which they are used.
"Webster’s Third New International Dictionary of the English Language, Unabridged, Copyright 1961," or
subsequent revision thereof, shall provide ordinarily accepted meanings. Words which have a well-known
technical or trade meaning when used to describe work, materials or equipment shall be interpreted in
accordance with such meaning. Words defined in Article 1 are capitalized throughout these General
Conditions.
Addenda - All clarifications, corrections, or changes issued graphically or in writing by the Borough after the
advertisement but prior to the opening of proposals.
Advertisement - The public announcement, as required by law, inviting bids for work to be performed or
materials to be furnished.
Application for Payment - The form provided by the Borough which is to be used by the Contractor in
requesting progress or final payments and which is to include such supporting documentation as is required by
the Contract Documents.
Approved or Approval - Written approval by the Contracting Officer or his authorized representative as
defined in Article 2.1.
Architect - The person or firm retained by the Borough to provide architectural and related services.
A.S. - Initials which stand for Alaska Statute.
Award - The acceptance, by the Borough, of the successful bid.
Bid Bond - A type of Proposal Guaranty.
Bidder - Any individual, firm, corporation or any acceptable combination thereof, or joint venture submitting
a bid or proposal for the advertised Work.
Calendar Day - Every day shown on the calendar, beginning and ending at midnight.
Change Order - A written order by the Borough directing changes to the Contract Documents, within their
general scope.
Borough - The Kodiak Island Borough. References to "Owner" and "Contracting Agency" mean the
Borough.
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Conditions of the Contract - Those portions of the Contract Documents which define the rights and
responsibilities of the contracting parties and of others involved in the Work. The Conditions of the Contract
include General Conditions, Supplementary Conditions and other conditions.
Consultant - The person, firm, or corporation retained directly by the Borough or its Project Manager to
prepare Contract Documents, perform construction administration services, or other Project related services.
Contract - The written agreement between the Borough and the Contractor setting forth the obligations of the
parties and covering the Work to be performed, all as required by the Contract Documents.
Contract Documents - The Construction Contract form, Addenda, the bidding requirements and Contractor's
bid (including all appropriate bid tender forms), the bonds, the Conditions of the Contract and all other
Contract requirements, the Specifications, and the Drawings furnished by the Borough to the Contractor,
together with all Change Orders and documents approved by the Contracting Officer for inclusion,
modifications and supplements issued on or after the Effective Date of the Contract.
Contracting Officer - The person authorized by the Borough to administer the Contract on behalf of the
Borough. The Contracting Officer has authority to make findings, determinations and decisions with respect
to the Contract and, when necessary, to modify or terminate the Contract. The Contracting Officer is
identified on the Construction Contract form.
Contractor - The individual, firm, corporation or any acceptable combination thereof, contracting with the
Borough or performance of the Work.
Contract Price - The total moneys payable by the Borough to the Contractor under the terms of the Contract
Documents.
Contract Time - The number of Calendar Days or the day specified in the construction Contract and
authorized time extensions which identify how much time the Contractor is allowed to achieve Final
Completion.
Cutting - Removal of in-place construction necessary to permit installation or performance of other work.
Defective - An adjective which refers to Work that is unsatisfactory, faulty or deficient, or does not conform
to the Contract Documents, or does not meet the requirements of any inspection, reference standard, tests or
approval referred to in the Contract Documents, or has been damaged prior to the Borough’s approval of final
payment.
Directive - A written communication to the Contractor from the Contracting Officer interpreting or enforcing
a Contract requirement or ordering commencement of an item of Work.
Drawings - The drawings which show the character and scope of the Work to be performed and which have
furnished by the Borough or the Borough's Consultant and are by reference made a part of the Contract
Documents.
Effective Date of the Contract - The date on which the Contract is fully executed by both Contractor and the
Borough.
Final Acceptance - The Borough’s written acceptance of the Work following Final Completion and the
performance of all Contract requirements by the Contractor.
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Final Completion - The Work (or specified part thereof) has progressed to the point that all work is complete
as determined by the Contracting Officer.
Holidays - In the Borough, Holidays occur on:
1. New Year's Day – January 1 2. Presidents Day – Third Monday in February
3. Seward's Day – Last Monday in March 4. Memorial Day – Last Monday in May
5. Independence Day – July 4 6. Labor Day – First Monday in September
7. Veteran's Day – November 11 8. Thanksgiving Day – Fourth Thursday in November
9. Friday Following Thanksgiving Day – Fourth
Friday in November
10. Christmas Day – December 25
11. Every day designated by public proclamation
by the Borough Assembly.
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If
the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays.
Install - Means to build into the Work, ready to be used in complete and operable condition and in
compliance with Contract Documents.
Invitation for Bids - A portion of the bidding documents soliciting bids for the Work to be performed.
Notice of Intent to Award - The written notice by the Borough to all Bidders identifying the apparent
successful Bidder and establishing the Borough's intent to execute the Contract when all conditions required
for execution of the Contract are met.
Notice to Proceed - A written notice to the Contractor to begin the Work and establishing the date on which
the Contract Time begins.
Patching - Fitting and repair work required to restore surfaces to original conditions after installation of other
work.
Payment Bond - The security furnished by the Contractor and its Surety to guarantee payment of the debts
covered by the bond.
Performance Bond - The security furnished by the Contractor and its Surety to guarantee performance and
completion of the Work in accordance with the Contract.
Project - The total construction, of which the Work performed under the Contract Documents is the whole or
a part, where such total construction may be performed by more than one Contractor.
Project Manager - The authorized representative of the Contracting Officer who is responsible for
administration of the Contract.
Proposal - The offer of a Bidder, on the prescribed form to perform the Work at the prices quoted. The
Proposal may also be referred to as the Bid.
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Proposal Guaranty - The security furnished with a Proposal to guarantee that the bidder will enter into a
Contract if his Proposal is accepted by the Borough.
Regulatory Requirements - Laws, rules, regulations, ordinances, codes and/or orders.
RFI - Request from the Contractor seeking interpretation or clarification of the Contract Documents.
Schedule of Values - The Borough’s document, submitted by the Contractor and reviewed by the Contracting
Officer allocating portions of the Contract Price to various portions of the work, which shall serve as the basis
for computing payment and for establishing the value of separate items of Work of which comprise the
Contract Price.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specially prepared
by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by the Contractor to illustrate material, equipment, fabrication, or erection for some portion of the
Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems standards and workmanship as applied to the Work and certain
administrative and procedural details applicable thereto. Specifications may also be referred to as Project
Manuals.
Subcontractor - An individual, firm, or corporation to whom the Contractor or any other Subcontractor
sublets part of the Contract.
Substantial Completion - Although not fully completed, the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Borough as evidenced by the Borough’s written notice, it is
sufficiently complete, in accordance with the Contract Documents so that the Work (or specified part) can be
utilized for the purposes for which it is intended. The terms "Substantially Complete" and "Substantially
Completed" as applied to any work refer to Substantial Completion thereof.
Supplemental Agreement - A written agreement between the Contractor and the Borough covering work that
is not within the general scope of the Contract.
Supplementary Conditions - The part of the Contract Documents which amends or supplements these
General Conditions.
Supplier - A manufacturer, fabricator, distributor, materialman or vendor of materials or equipment.
Surety - The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by
the Contractor for the benefit of the Borough.
Unit Price Work - Work to be paid for on the basis of unit prices.
Using Agency - The entity who will occupy or use the completed Work.
Work - Work is the act of, and the result of, performing services, furnishing labor, furnishing and
incorporating materials and equipment into the Project and performing other duties and obligations, all as
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required by the Contract Documents. Such Work, however incremental, will culminate in the entire
completed Project, or the various separately identifiable parts thereof.
ARTICLE 2 - AUTHORITIES AND LIMITATIONS
2.1 Authorities and Limitations:
2.1.1 The Contracting Officer alone shall have the power to bind the Borough and to exercise the rights,
responsibilities, authorities and functions vested in the Contracting Officer by the Contract Documents, except
that the Contracting Officer shall have the right to designate in writing authorized representatives to act for
him. Wherever any provision of the Contract Documents specifies an individual or organization, whether
governmental or private, to perform any act on behalf of or in the interests of the Borough, that individual or
organization shall be deemed to be the Contracting Officer's authorized representative under this Contract but
only to the extent so specified. The Contracting Officer may, at any time during the performance of this
Contract, vest in any such authorized representatives additional power and authority to act for the Contracting
Officer or designate additional representatives, specifying the extent of their authority to act for the
Contracting Officer; a copy of each document vesting additional authority in or removing that authority from
an authorized representative or designating an additional authorized representative shall be furnished to the
Contractor. The Borough Manager reserves the right to appoint a new Contracting Officer without affecting
any of the Contractor's obligations to the Borough under this Contract.
2.1.2 The Contractor shall perform the Work in accordance with any written order (including but not
limited to instruction, direction, interpretation or determination) issued by an authorized representative in
accordance with the authorized representative’s authority to act for the Contracting Officer. The Contractor
assumes all the risk and consequences of performing the Work in accordance with any order (including but
not limited to instruction, direction, interpretation or determination) of anyone not authorized to issue such
order, and of any order not in writing.
2.1.3 Should the Contracting Officer or his authorized representative designate Consultant(s) to act for the
Borough as provided for in Paragraph 2.1.1, the performance or nonperformance of the Consultant under such
authority to act, shall not give rise to any contractual obligation or duty of the Consultant to the Contractor,
any Subcontractor, any Supplier; or any other organization performing any of the Work or any Surety
representing them.
2.2 Evaluations by Contracting Officer:
2.2.1 The Contracting Officer will decide all questions which may arise as to:
a. Quality and acceptability of materials furnished;
b. Quality and acceptability of Work performed;
c. Compliance with schedule of progress;
d. Interpretation of the schedule of progress;
e. Acceptable fulfillment of the Contract on the part of the Contractor.
2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract
Documents the terms "as required," "as approved" or terms of like effect or import are used, or the adjectives
"reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used
it shall be understood as if the expression were followed by the words "the Contracting Officer."
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When such terms are used to describe a requirement, direction, review or judgment of the Contracting Officer
as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate
the Work for compliance with the Contract Documents (unless there is a specific statement indicating
otherwise).
2.2.3 The use of any such term or adjective shall not be effective to assign to the Borough any duty or
authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4.
2.3 Means and Methods: The means, methods, techniques, sequences or procedures of construction, or
safety precautions and the program incident thereto, and the failure to perform or furnish the Work in
accordance with the Contract Documents are the sole responsibility of the Contractor.
2.4 The Contracting Officer may make visits to the site and approved remote storage sites at intervals
appropriate to the various stages of construction to observe the progress and quality of the executed Work and
to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Such
observations or the lack of such observations shall in no way relieve the Contractor from his duty to perform
the Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 Incomplete Contract Documents:
The submission of a bid by the Bidder is considered a representation that the Bidder examined the Contract
Documents to make certain that all sheets and pages were provided and that the Bidder is satisfied as to the
conditions to be encountered in performing the Work. The Borough expressly denies any responsibility or
liability for a bid submitted on the basis of an incomplete set of Contract Documents.
3.2 Copies of Contract Documents:
The Borough will provide electronic copies of Contract Documents. Contractor is responsible for furnishing
all needed hard copies of Contract Documents at its own expense.
3.3 Scope of Work:
The Contract Documents comprise the entire Contract between the Borough and the Contractor concerning the
Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by
all. The Contract Documents will be construed in accordance with the Regulatory Requirements of the place
of the Project.
It is specifically agreed between the parties executing this Contract that it is not intended by any of the
provisions of the Contract to create in the public or any member thereof a third party benefit, or to authorize
anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of the Contract.
3.4 Intent of Contract Documents:
3.4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be
constructed in accordance with the Contract Documents. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended result will
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be supplied, without any adjustment in Contract Price or Contract Time, whether or not specifically called for.
3.4.2 Reference to standard Specifications, manuals or codes of any technical society, organization or
association, or to the Regulatory Requirements of any governmental authority, whether such reference be
specific or by implication, shall mean the edition stated in the Contract Documents or if not stated the latest
standard specification, manual, code or Regulatory Requirements in effect at the time of Advertisement for the
Project (or, on the Effective Date of the Contract if there was no Advertisement). However, no provision of
any referenced standard specification, manual or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the duties and responsibilities of the Borough and the
Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents,
nor shall it be effective to assign to the Borough or any of the Borough’s Consultants, agents or employees,
any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority
to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4.
3.5 Discrepancy in Contract Documents:
3.5.1 Before undertaking the Work, the Contractor shall carefully study and compare the Contract
Documents and check and verify pertinent figures, and dimensions shown thereon and all applicable field
measurements. Work in the area by the Contractor shall imply verification of figures, dimensions and field
measurements. If, during the above study or during the performance of the Work, the Contractor finds a
conflict, error, discrepancy or omission in the Contract Documents and any standard specification, manual,
code, or Regulatory Requirement which affects the Work, the Contractor shall promptly report such
discrepancy in writing to the Contracting Officer. The Contractor shall obtain a written interpretation or
clarification from the Contracting Officer before proceeding with any Work affected thereby. Any adjustment
made by the Contractor without this determination shall be at its own risk and expense. However, the
Contractor shall not be liable to the Borough for failure to report any conflict, error or discrepancy in the
Contract Documents unless the Contractor had actual knowledge thereof or should reasonably have known
thereof.
3.5.2 Discrepancy - Order of Precedence:
When conflicts, errors, or discrepancies within the Contract Documents exist, the order precedence from most
governing to least governing will be as follows:
Supplementary Conditions
General Conditions
Technical Specifications
Drawings (recorded dimensions will govern over scaled dimensions, large scale details over small scale,
schedules over plans, structural drawings and mechanical and electrical drawings over architectural drawings)
3.6 Clarifications and Interpretations (RFIs):
The Contracting Officer will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents as the Contracting Officer may determine necessary, which shall
be consistent with or reasonably inferable from the overall intent of the Contract Documents.
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A. RFIs shall originate with Contractor and be submitted simultaneously to the Contracting Officer and
the Architect. RFIs submitted by entities other than Contractor will be returned with no response.
Contractor shall coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's
work or work of subcontractors.
B. Each RFI is to include a detailed, legible description of item needing interpretation and the following:
1. Project name.
2. Date.
3. Name of Contractor.
4. RFI number, numbered sequentially.
5. Specification Section number and title and related paragraphs, as appropriate.
6. Drawing number and detail references, as appropriate.
7. Requested response date if other than allowed by this Section.
8. Field dimensions and conditions, as appropriate.
9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time or
the Contract Price, Contractor shall state impact in the RFI.
10. Name of person preparing RFI for Contractor.
11. Space for Architect's response.
12. Space for name of person preparing response for subconsultation.
13. Space for person reviewing response for Architect.
14. Date of Architect's response.
15. Space for listing Architect's response attachments, if any.
16. Contractor Attachments: Include drawings, descriptions, measurements, photos, Product
Data, Shop Drawings, and other information necessary to fully describe items needing
interpretation.
17. Architect's Attachments: Architect may attach drawings, descriptions, measurements, photos,
Product data, Shop Drawings, and other information necessary to fully describe items
needing interpretation.
C. Architect's Action: Architect will review each RFI, determine action required, and return it to the
Contracting Officer. Allow seven working days for Architect's response for each RFI. RFIs received
after 1:00 p.m. will be considered as received the following working day. Architect may request
additional information, in which case Architect's time for response will start again.
D. On receipt of Contracting Officer's action, update the RFI log and immediately distribute the RFI
response to affected parties. Review response and notify Contracting Officer within 72 hours if
Contractor disagrees with response.
1. The following RFIs will be returned without action:
a. Requests for approval of submittals.
b. Requests for approval of substitutions.
c. Requests for adjustments in the Contract Time or the Contract Price.
d. Requests for interpretation of Architect's actions on submittals.
e. Incomplete RFIs or RFIs with numerous errors.
2. Contracting Officer's action on RFIs that may result in a change to the Contract Time or the
Contract Price may be eligible for Contractor to submit a Change Order request.
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If Contractor believes the RFI response warrants change in the Contract Time or the Contract
Price, notify Contracting Officer in writing within 10 days of receipt of the RFI response.
E. RFI Log: Prepare, maintain on-site, a hard copy tabular log of RFIs organized by the RFI number.
Log shall include identification of related Contract change document and Proposal Request as
appropriate.
3.7 Ownership and Reuse of Documents:
Neither the Contractor nor any Subcontractor, or Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect contract with the Borough shall have or acquire any title
to or ownership rights in any of the Contract Documents on extensions of the Project or any other project
without written consent of the Contracting Officer.
Contract Documents prepared by the Contractor in connection with the Work shall become the property of the
Borough.
ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS
4.1 Availability of Lands:
The Borough shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be
performed, rights-of-way and easements for access thereto, and such other lands which are designated for use
of the Contractor in connection with the Work. Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by the Borough, unless otherwise provided in the Contract
Documents. The Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
4.2 Visit to Site:
The submission of a bid by the Contractor is considered a representation that the Contractor has visited and
carefully examined the site and is satisfied as to the conditions to be encountered in performing the Work and
as to the requirements of the Contract Documents.
4.3 Explorations and Reports:
Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests
of subsurface conditions at the site that have been utilized by the Borough in preparation of the Contract
Documents. The Contractor may for its purposes rely upon the accuracy of the factual data contained in such
reports, but not upon interpretations or opinions drawn from such factual data contained therein or for the
completeness or sufficiency thereof. Except as indicated in the immediately preceding sentence and in
paragraphs 4.4 and 9.9, Contractor shall have full responsibility with respect to surface and subsurface
conditions at the site.
4.4 Utilities:
4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by the
Contract Documents are approximate and are based on information and data furnished to the Borough by the
owners of such underground utilities.
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4.4.2 The Contractor shall have full responsibility for:
a. Reviewing and checking all information and data concerning utilities.
b. Locating all underground utilities shown or indicated in the Contract Documents which are
affected by the Work.
c. Coordination of the Work with the owners of all utilities during construction.
d. Safety and protection of all utilities as provided in paragraph 6.17.
e. Repair of any damage to utilities resulting from the Work in accordance with 4.4.4 and 4.5.
4.4.3 If Work is to be performed by any utility owner, the Contractor shall cooperate with such owners to
facilitate the Work.
4.4.4 In the event of interruption to any utility service as a result of accidental breakage or as result of being
exposed or unsupported, the Contractor shall promptly notify the utility owner and the Contracting Officer. If
service is interrupted, repair work shall be continuous until the service is restored. No Work shall be
undertaken around fire hydrants until provisions for continued service has been approved by the local fire
authority.
4.5 Damaged Utilities:
When utilities are damaged by the Contractor, the utility owner shall have the choice of repairing the utility or
having the Contractor repair the utility. In the following circumstances, the Contractor shall reimburse the
utility owner for repair costs or provide at no cost to the utility owner or the Borough, all materials, equipment
and labor necessary to complete repair of the damage:
a. When the utility is shown or indicated in the Contract Documents.
b. When the utility has been located by the utility owner.
c. When no locate was requested by the Contractor for utilities shown or indicated in the
Contract Documents.
d. All visible utilities.
e. When the Contractor could have, otherwise, reasonably been expected to be aware of such
utility.
4.6 Utilities Not Shown or Indicated:
If, while directly performing the Work, an underground utility is uncovered or revealed at the site which was
not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been
expected to be aware of, the Contractor shall, promptly after becoming aware thereof and before performing
any Work affected thereby (except in an emergency as permitted by paragraph 6.19) identify the owner of
such underground utility and give written notice thereof to that owner and to the Contracting Officer. The
Contracting Officer will promptly review the underground utility to determine the extent to which the
Contract Documents and the Work should be modified to reflect the impacts of the discovered utility. The
Contract Documents will be amended or supplemented in accordance with paragraph 9.2 and to the extent
necessary through the issuance of a change document by the Contracting Officer. During such time, the
Contractor shall be responsible for the safety and protection of such underground utility as provided in
paragraph 6.17. The Contractor may be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, to the extent that they are directly attributable to the existence of any underground
utility that was not shown or indicated in the Contract Documents and which they Contractor could not
reasonably have been expected to be aware of.
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4.7 Survey Control:
The Borough will identify sufficient horizontal and vertical control data to enable the Contractor to survey and
layout the Work. All survey work shall be performed under the direct supervision of a registered land
surveyor who is experienced in providing land-surveying services in Alaska of the kind indicated when
required by paragraph 7.8. Copies of all survey notes will be provided the Borough on a weekly basis with
variations between the Contract Documents and actual field conditions identified. Survey notes are to be in a
format acceptable to the Borough. One Mylar copy of the final survey signed by the surveyor and one
electronic CAD copy will be submitted.
4.8 Responsibility for Damages and Repair by Contractor:
The Contractor shall be responsible for all damages to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or that may result from any act, omission, or neglect of the
Contractor, its Subcontractors, or its employees in the performance of the Work.
It is specifically understood between the parties executing the Contract that the Contract Documents do not
make anyone a third-party beneficiary, nor does the Contract authorize anyone not a party to maintain a
lawsuit for personal injuries or property damage.
All damage and injury to property that is caused by that results from the carrying out/of the Work, or from any
act, omission, or neglect of the Contractor, its Subcontractors, or its employees, shall promptly be remedied by
the Contractor either by the repairing, rebuilding, or replacing of the property damaged or in some other
manner satisfactory to the owner of such property. In case of failure on the part of the Contractor to promptly
and satisfactorily remedy such damage or injury, within a period of time as stated in written notice by the
Borough, the Borough may proceed to repair, rebuild, or replace such property as required and the cost thereof
will be deducted from any monies due or which may become due to the Contractor.
In applying the above provisions, the repairing, rebuilding, or replacing of damaged property shall be
understood to include the providing of any temporary facilities that may be needed to maintain normal service
until the required repairing, rebuilding or replacing is accomplished.
ARTICLE 5 - BONDS, INSURANCE, AND INDEMNIFICATION
5.1 Delivery of Bonds:
When the Contractor delivers the executed Contract to the Contracting Officer, the Contractor shall also
deliver to the Contracting Officer such bonds as the Contractor may be required to furnish in accordance with
paragraph 5.2.
5.2 Bonds:
The Contractor shall furnish Performance and Payment Bonds, each in an amount as shown on the Contract as
security for the faithful performance and payment of all Contractor's obligations under the Contract
Documents. These bonds shall remain in effect for one year after the date of Final Acceptance and until all
obligations under this Contract, except special guarantees as per 12.7, have been met. All bonds shall be
furnished on forms provided by the Borough (or copies thereof) and shall be executed by such Sureties as are
authorized to do business in the State of Alaska and whose financial rating is
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acceptable to KIB. The Contracting Officer may at his option copy the Surety with notice of any potential
default or liability.
At the option of the Contractor, bonds may be provided by individual Surety the adequacy of which shall be
determined by the Contracting Officer. Any costs incurred by the Contractor or individual Surety shall be
borne by the Contractor. Where individual Sureties are used, two individual Sureties must each provide the
Borough with security equal to the amount of each bond by an Escrow account in the name of the Borough for
the duration of the Contract. Acceptable securities would include, but not necessarily be limited to: cash;
treasury notes; bearer instruments having a specific value, or money market certificates.
5.3 Replacement of Bond and Surety:
If the Surety on any bond furnished in connection with this Contract is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.2, or otherwise becomes unacceptable to the Borough, or if
any such Surety fails to furnish reports as to its financial condition as requested by the Borough, the
Contractor shall within five days thereafter substitute another bond and Surety, both of which must be
acceptable to Borough.
An individual Surety may be replaced by a corporate Surety during the course of the Contract period. If the
Surety desires to dispose of the collateral posted, the Borough may, at its option, accept substitute collateral.
5.4 Insurance Requirements:
5.4.1 The Contractor shall provide evidence of insurance with an insurance carrier or carriers satisfactory to
the Borough covering injury to persons and property suffered by the Borough or by a third party as a result of
operations under this Contract by the Contractor or by any subcontractor. The Contractor's insurance shall
provide protection against injuries to all employees of the Contractor and the employees of any subcontractor
engaged in work under this Contract. All insurance policies shall be issued by insurers that (i) are permitted
to transact the business of insurance in the Borough under AS 21 and (ii) have a financial rating acceptable to
the Borough. The Contractor shall notify the Borough, in writing, at least 60 days before cancellation of any
coverage or reduction in any limits of liability. Additional insurance requirements specific to this contract are
contained in the Special Provisions, when applicable.
5.4.2 The Contractor shall maintain the following policies of insurance with the specified minimum
coverages and limits in force at all times during the performance of the Contract:
1. Workers' Compensation: As required by AS 23.30.045, for all employees of the Contractor
engaged in work under this Contract. The Contractor shall be responsible for Workers'
Compensation Insurance for any subcontractor who performs work under this Contract. The
coverage shall include:
a. Waiver of subrogation against the Borough;
b. Employer's Liability Protection at $500,000 each accident/each employee and
$500,000 policy limit;
c. United States Longshore and Harbor Workers' Act Endorsement, whenever the work
involves activity over or about navigable water; and
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d. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of
$1,000,000, whenever the work involves activity from or on a vessel on navigable
water.
2. Commercial General Liability: on an occurrence policy form covering all operations with
combined single limits not less than:
a. $1,000,000 Each Occurrence;
b. $1,000,000 Personal Injury;
c. $2,000,000 General Aggregate; and
d. $2,000,000 Products-Completed Operations Aggregate.
3. Automobile Liability: covering all vehicles used in Contract work, with combined single
limits not less than $1,000,000 each occurrence.
4. Umbrella Coverage: for Contract amounts over $5,000,000 not less than $5,000,000 umbrella
or excess liability. Umbrella or excess policy shall include products liability completed
operations coverage and may be subject to $5,000,000 aggregate limits. Further, the
umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the
event the primary limits are impaired or exhausted.
The Borough shall be named as an additional insured on policies required by paragraphs 2 thru 4 above. All
of the above insurance coverages shall be considered to be primary and noncontributory to any other insurance
carried by the Borough, whether through self-insurance or otherwise.
In any contract or agreement with subcontractors performing work, the Contractor shall require that all
indemnities and waivers of subrogation it obtains, and any stipulation to be named as an additional insured it
obtains, shall also be extended to waive rights of subrogation against the Borough and to add the Borough as
an additional named indemnitee and as an additional insured.
The apparent low bidder shall furnish evidence of insurance to the Borough before award of the Contract. The
evidence shall be issued to the Borough and shall be a certificate of insurance the policy declaration page with
all required endorsements attached and must:
1. Denote the type, amount, and class of operations covered;
2. Show the effective (and retroactive) dates of the policy;
3. Show the expiration date of the policy;
4. Include all required endorsements;
5. Be executed by the carrier's representative; and
6. If a certificate of insurance, include the following statement:
"This is to certify that the policies described herein comply with all aspects of the insurance
requirements of (project Name and Number). The insurance carrier agrees that it shall
notify the Borough, in writing, at least 60 days before cancellation of any coverage or
reduction in any limits of liability."
The Borough's acceptance of deficient evidence of insurance does not constitute a waiver of Contract
requirements.
Failure to maintain the specified insurance or to provide substitute insurance if an insurance carrier becomes
insolvent, is placed in receivership, declares bankruptcy, or cancels a policy may be grounds for
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withholding Contract payments until substitute insurance is obtained, and may, in the Borough's discretion, be
sufficient grounds for declaring the Contractor in default.
5.4.3 Evidence, consisting of a certificate of insurance or the policy declaration page with required
endorsements attached thereto -- all of which have been executed by the insurer's representative and issued to
the Borough, shall denote the type, amount, class of operations covered, effective (and retroactive) dates, and
dates of expiration of policies.
Evidence pertaining to Worker's Compensation, General Liability, or Automobile Liability is required for
Awards. All other coverages shall be evidenced prior to commencement of Work. Acceptance by the
Borough of deficient evidence does not constitute a waiver of Contract requirements as provided for by the
Conditions of the Contract.
If a certificate is submitted as evidence it shall contain the following statement:
"This is to certify that the policies described hereto comply with all aspects of the insurance requirements of
(Contract Name and Number and Project Number)."
5.5 Indemnification:
The Contractor shall indemnify, save harmless, and defend the Borough and its agents and its employees from
any and all claims or actions for injuries or damages sustained by any person or property arising directly or
indirectly from the construction or the Contractor's performance of this Contract; however, this provision has
no effect if, but only if, the sole proximate cause of the injury or damage is the Borough's gross negligence.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision of Work:
The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and apply such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. All Work under this Contract shall be performed in a skillful and workmanlike manner.
The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction.
6.2 Superintendence by Contractor:
The Contractor shall keep on the Work at all times during its progress a competent resident superintendent.
The Contracting Officer shall be advised in writing of the superintendent's name, local address, and telephone
number. This written advice is to be kept current until Final Acceptance by the Borough. The superintendent
will be the Contractor's representative at the site and shall have full authority to act and sign documents on
behalf of the Contractor.
All communications given to the superintendent shall be as binding as if given to the Contractor. The
Contractor shall cooperate with the Contracting Officer in every way possible.
6.3 Character of Workers:
The Contractor shall provide a sufficient number of competent, suitably qualified personnel to survey and lay
out the Work and perform construction as required by the Contract Documents. The Contractor shall
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at all times maintain good discipline and order at the site. The Contracting Officer may, in writing, require the
Contractor to remove from the Work any employee the Contracting Officer deems incompetent, careless, or
otherwise detrimental to the progress of the Work, but the Contracting Officer shall have no duty to exercise
this right.
6.4 Contractor to Furnish:
Unless otherwise specified in the General Requirements, the Contractor shall furnish and assume full
responsibility for all materials, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the
furnishing, performance, testing, start-up and completion of the Work.
6.5 Materials and Equipment:
All materials and equipment shall be of specified quality and new, except as otherwise provided in the
Contract Documents. If required by the Contracting Officer, the Contractor shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents. But no
provision of any such instructions will be effective to assign to the Borough or any of the Borough's
Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or
2.4.
6.6 Anticipated Schedules:
6.6.1 Within 10 working days following the Notice to Proceed the Contractor shall submit to the
Contracting Officer for review an anticipated progress schedule indicating the starting and completion dates of
the various stages of the Work.
6.6.2 Within 10 working days after the date of the Notice to Proceed, the Contractor shall submit to the
Contracting Officer for review anticipated schedule of Shop Drawing submissions and a Schedule of Values.
6.6.3 The Schedule of Values for all of the Work will include quantities and prices of items aggregating the
Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for
progress payments during construction. Such prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be confirmed in writing by the Contractor at the time of
submission.
Contractor will use the Technical Specifications table of contents as a guide to establish line items for the
Schedule of Values. Provide at least one line item for each Specification Section.
1. Identification: Include the following Project identification on the Schedule of Values:
a. Project name and location.
b. Name of Contracting Officer.
c. Project number.
d. Contractor's name and address.
e. Date of submittal.
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2. Submit draft of AIA Document G703 Continuation Sheets or document containing such
information.
3. Arrange the Schedule of Values in tabular form with separate columns to indicate the
following for each item listed:
a. Related Specification Section or Division.
b. Description of the Work.
c. Change Orders (numbers) that affect value.
d. Dollar value.
1) Percentage of the Contract Price to nearest one-hundredth percent, adjusted
to total 100 percent.
4. Provide a breakdown of the Contract Price in enough detail to facilitate continued evaluation
of Applications for Payment and progress reports. Provide several line items for principal
subcontract amounts, where appropriate. Include separate line items under required principal
subcontracts for operation and maintenance manuals, punch list activities, Project record
documents, and demonstration and training in the amount of 10 percent of the Contract Price.
5. Round amounts to nearest whole dollar; total shall equal the Contract Price.
6. Provide a separate line item in the Schedule of Values for each part of the Work where
Applications for Payment may include materials or equipment purchased or fabricated and
stored, but not yet installed. Differentiate between items stored on-site and items stored off-
site. If specified, include evidence of insurance or bonded warehousing.
7. Provide separate line items in the Schedule of Values for initial cost of materials, for each
subsequent stage of completion, and for total installed value of that part of the Work.
8. Allowances: Provide a separate line item in the Schedule of Values for each allowance.
Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by
measured quantity. Use information indicated in the Contract Documents to determine
quantities.
9. Each item in the Schedule of Values and Applications for Payment shall be complete.
Include total cost and proportionate share of general overhead and profit for each item.
Temporary facilities and other major cost items that are not direct cost of actual work-in-
place may be shown either as separate line items in the Schedule of Values or distributed as
general overhead expense, at Contractor's option.
10. Schedule Updating: Update and resubmit the Schedule of Values before the next
Applications for Payment when Change Orders result in a change in the Contract Price.
6.7 Finalizing Schedules:
Prior to processing the first Application for Payment, the Contracting Officer and the Contractor will finalize
schedules required by paragraph 6.6.
The finalized progress schedule will be acceptable to the Borough as providing information related to the
orderly progression of the Work to completion within the Contract Time; but such acceptance will neither
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impose on the Borough nor relieve the Contractor from full responsibility for the progress or scheduling of the
Work. If accepted, the finalized schedule of Shop Drawings and other required submissions will be
acceptable to the Borough as providing a workable arrangement for processing the submissions. If accepted,
the finalized Schedule of Values will be acceptable to the Borough as an approximation of anticipated value of
Work accomplished over the anticipated Contract Time. Receipt and acceptance of a schedule submitted by
the Contractor shall not be construed to assign responsibility for performance or contingencies to the Borough
or relieve the Contractor of his responsibility to adjust his forces, equipment, and work schedules as may be
necessary to insure completion of the Work within prescribed Contract Time. Should the prosecution of the
Work be discontinued for any reason, the Contractor shall notify the Contracting Officer at least 24 hours in
advance of resuming operations.
6.8 Adjusting Schedules:
Upon substantial change to the schedule or upon request, the Contractor shall submit to the Contracting
Officer for acceptance (to the extent indicated in paragraph 6.7 and the General Requirements) adjustments in
the schedules to reflect the actual present and anticipated progress of the Work.
6.9 Substitutes or "Or Equal" Items:
6.9.1 Whenever materials or equipment are specified or described in the Contract Documents by using the
name of a propriety item or the name of a particular Supplier, the naming of the item is intended to establish
the type, function and quality required. Unless the name is followed by words indicating that no substitution
is permitted, materials or equipment of other Suppliers may be accepted by the Contracting Officer only if
sufficient information is submitted by the Contractor which clearly demonstrates to the Contracting Officer
that the material or equipment proposed is equivalent or equal in all aspects to that named. The procedure for
review by the Contracting Officer will include the following:
6.9.2 Requests for review of substitute items of material and equipment will not be accepted by the
Contracting Officer from anyone other than the Contractor. If the Contractor wishes to furnish or use a
substitute item of material or equipment, the Contractor shall make written application to the Contracting
Officer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions
and achieve the results called for by the general design, be similar and of equal substance to that specified and
be suited to the same use as the specified. The application will state that the evaluation and acceptance of the
proposed substitute will not delay the Contractor's achievement of Substantial Completion on time, whether or
not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents
(or in the provisions of any other direct contract with the Borough or Work on the Project) to adapt the design
to the proposed substitute and whether or not incorporation or use of the substitute in connection with the
Work is subject to payment of any license fee or royalty. In addition the Contracting Officer will consider
whether:
1. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting additional responsibilities Owner must
assume. Owner's additional responsibilities may include compensation to Consultants for
redesign and evaluation services, increased cost of other construction by Owner, and similar
considerations.
2. Requested substitution does not require extensive revisions to the Contract Documents.
3. Requested substitution is consistent with the Contract Documents and will produce indicated
results.
4. Substitution request is fully documented and properly submitted.
5. Requested substitution will not adversely affect Contractor's Construction Schedule.
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6. Requested substitution has received necessary approvals of authorities having jurisdiction.
7. Requested substitution is compatible with other portions of the Work.
8. Requested substitution has been coordinated with other portions of the Work.
9. Requested substitution provides specified warranty.
6.9.3 The Contractor shall submit three copies of each substitution request for consideration, identifying
each product or fabrication or installation method to be replaced and including Specification Section number
and title and Contract Drawing numbers and titles. Show compliance with requirements for substitutions and
the following as applicable:
a. Statement indicating why specified material or product cannot or should not be provided.
b. Coordination information, including a list of changes or modifications needed to other parts
of the Work and to construction performed by Owner and separate contractors, that will be
necessary to accommodate proposed substitution.
c. Detailed comparison of significant qualities of proposed substitution with those of the Work
specified. Significant qualities may include attributes such as performance, weight, size,
durability, visual effect, and specific features and requirements indicated.
d. Product data, including drawings and descriptions of products and fabrication and installation
procedures.
e. Samples, where applicable or requested.
f. List of similar installations for completed projects with project names and addresses and
names and addresses of architects and owners.
g. Material test reports from a qualified testing agency indicating and interpreting test results
for compliance with requirements indicated.
h. Research/evaluation reports evidencing compliance with building code in effect for Project,
from a model code organization acceptable to authorities having jurisdiction.
i. Detailed comparison of Contractor's Construction Schedule using proposed substitution with
products specified for the Work, including effect on the overall Contract Time. If specified
product or method of construction cannot be provided within the Contract Time, include
letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in
delivery.
j. Cost information, including a proposal of change, if any, in the Contract Price.
k. Contractor's certification that proposed substitution complies with requirements in the
Contract Documents and is appropriate for applications indicated.
l. Contractor's waiver of rights to additional payment or time that may subsequently become
necessary because of failure of proposed substitution to produce indicated results.
6.9.4 All variations of the proposed substitute from that specified will be identified in the application and
available maintenance, repair and replacement service will be indicated. The application will also contain an
itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute,
including costs of redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Borough in evaluating the proposed substitute. The Borough may require the Contractor
to furnish at the Contractor's expense additional data about the proposed substitute. The Contracting Officer
may reject any substitution which the Contracting Officer determines is not in the best interest of the Borough.
6.9.5 Substitute Technique and Sequence:
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If a specific technique, sequence or procedure of construction is indicated in or required by the Contract
Documents, the Contractor may furnish or utilize a substitute sequence, technique or procedure of
construction acceptable to the Contracting Officer, if the Contractor submits sufficient information to allow
the Contracting Officer to determine that the substitute proposed is equivalent to that indicated or required by
the Contract Documents. The procedure for review by the Contracting Officer will be similar to that provided
in paragraph 6.9 as applied by the Contracting Officer and as may be supplemented in the General
Requirements.
6.9.6 Evaluation of Substitution:
Contracting Officer may request additional information or documentation for evaluation within seven days of
receipt of a request for substitution. Contracting Officer will notify Contractor of acceptance or rejection of
proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or
documentation, whichever is later. Use product specified if Contracting Officer cannot make a decision on
use of a proposed substitution within time allocated.
The Contracting Officer will be the sole judge of acceptability, and no substitute will be ordered, installed or
utilized without the Contracting Officer's prior written acceptance which will be evidenced by either a Change
Order or a Shop Drawing approved in accordance with paragraphs 6.20 and 6.21. The Contracting Officer
may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other
Surety with respect to any substitute.
6.10 Reserved.
6.11 Reserved.
6.12 Dividing the Work:
The divisions and section of the Specifications and the identifications of any Drawings shall not control the
Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed
by any specific trade.
6.13 Subcontractors:
The Contractor may utilize the service of licensed specialty Subcontractors on those parts of the Work which,
under normal contracting practices, are performed by licensed specialty Subcontractors, in accordance with
the following conditions:
6.13.1 The Contractor shall not award any Work to any Subcontractor without prior written approval of the
Contracting Officer. This approval will not be given until the Contractor submits to the Contracting Officer a
written statement concerning the proposed award to the Subcontractor which shall contain required Equal
Employment Opportunity documents, evidence of insurance whose limits are acceptable to the Contractor,
and an executed copy of the subcontract. All subcontracts submitted for approval must contain provisions for
payment for Work done by the Subcontractor within seven days of receipt of payment by the Contractor. No
acceptance by the Contracting Officer of any such Subcontractor shall constitute a waiver of any right of the
Borough to reject Defective Work.
6.13.2 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate written
agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of the Borough and contains waiver
provisions as required by paragraph 13.17 and termination provisions as required by Article 14.
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6.13.4 Nothing in the Contract Documents shall create any contractual relationship between the Borough and
any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part
of the Borough to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required by Regulatory Requirements. The Borough will
not undertake to settle any differences between or among the Contractor, Subcontractors, or Suppliers.
6.13.5 The Contractor and Subcontractors shall coordinate their work and cooperate with other trades so to
facilitate general progress of Work. Each trade shall afford other trades every reasonable opportunity for
installation of their work and storage of materials. If cooperative work of one trade must be altered due to
lack of proper supervision or failure to make proper provisions in time by another trade, such conditions shall
be remedied by the Contractor with no change in Contract Price or Contract Time.
6.13.6 The Contractor shall include on his own payrolls any person or persons working on this Contract who
are not covered by written subcontract, and shall ensure that all Subcontractors include on their payrolls all
person performing work under the direction of the Subcontractor.
6.14 Use of Premises:
The Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the Project limits and approved remote storage sites and lands and areas identified in
and permitted by the Contract Drawings, Regulatory Requirements, rights-of-way, permits and easements, and
shall not unreasonably encumber the premises with construction equipment or other materials or equipment.
The Contractor shall not disturb portions of the Project site beyond areas in which the Work is indicated. The
Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any land areas contiguous thereto, resulting from the performance of the Work. Should
any claim be made against the Borough by any such owner or occupant because of the performance of the
Work, the Contractor shall hold the Borough harmless.
6.15 Structural Loading:
The Contractor shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to stresses or
pressures that will endanger it.
6.16 Record Documents:
The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications,
Addenda, Directives, Change Orders, Supplemental Agreements, and written interpretations and clarifications
(issued pursuant to paragraph 3.6) in good order and annotated to show all changes made during construction.
These record documents together with all approved samples and a counterpart of all approved Shop Drawings
will be available to the Contracting Officer for reference and copying. Upon completion of the Work, the
annotated record documents, samples and Shop Drawings shall be delivered to the Contracting Officer.
Record documents shall accurately record variations in the Work which vary from requirements shown or
indicated in the Contract Documents.
6.17 Safety and Protection:
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The Contractor alone shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.17.1 All employees on the Work and other persons and organizations who may be affected thereby;
6.17.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or of the
site;
6.17.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, and utilities not designated for removal, relocation or replacement in the course of
construction.
The Contractor shall comply with all applicable Regulatory Requirements of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect
and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of
adjacent property and utility owners when prosecution of the Work may affect them, and shall cooperate with
them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to
any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier
or any other person or organization directly or indirectly employed by any of them to perform or furnish any
of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be
remedied by the Contractor with no change in Contract Price or Contract Time except as stated in paragraph
4.6, except damage or loss attributable to unforeseeable causes beyond the control of and without the fault or
negligence of the Contractor, including but not restricted to acts of God, of the public enemy or governmental
authorities. The Contractor's duties and responsibilities for the safety and protection of the Work shall
continue until Final Acceptance (except as otherwise expressly provided in connection with Substantial
Completion).
6.18 Safety Representative:
The Contractor shall designate a responsible safety representative at the site. This person shall be the
Contractor's superintendent unless otherwise designated in writing by the Contractor to the Contracting
Officer. The Contractor shall hold weekly safety meetings and shall provide reports and minutes of each
meeting to the Contracting Officer prior to the next meeting.
6.19 Emergencies:
In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent
thereto, the Contractor, without special instruction or authorization from the Borough, is obligated to act to
prevent threatened damage, injury or loss. The Contractor shall give the Contracting Officer prompt written
notice if the Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby. If the Borough determines that a change in the Contract Documents is
required because of the action taken in response to an emergency, a change will be authorized by one of the
methods indicated in paragraph 9.2, as determined appropriate by the Contracting Officer.
6.20 Shop Drawings and Samples:
After checking and verifying all field measurements and after complying with applicable procedures specified
in the General Requirements, the Contractor shall submit to the Contracting Officer for review and approval in
accordance with the accepted schedule of Shop Drawing submissions the required number of all Shop
Drawings, which will bear a stamp or specific written indication that the Contractor
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has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the
submission. All submissions will be identified as the Contracting Officer may require. The data shown on the
Shop Drawings will be identified as the Contracting Officer may require. The data shown on the Shop
Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable the Contracting Officer to review the information as required.
6.20.2 The Contractor shall also submit to the Contracting Officer for review and approval with such
promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will
have been checked by and accompanied by a specific written indication that the Contractor has satisfied
Contractor's responsibilities under the Contract Documents with respect to the review of the submission and
will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which
intended.
6.20.3 Before submission of each Shop Drawing or sample the Contractor shall have determined and
verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog
numbers and similar with respect thereto and reviewed or coordinated each Shop Drawing or samples with
other Shop Drawings and samples and with the requirements of the Work and the Contract Documents.
6.20.4 At the time of each submission the Contractor shall give the Contracting Officer specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the
Contracting Officer for review and approval of each such variation. All variations of the proposed shop
drawing from that specified will be identified in the submission and available maintenance, repair and
replacement service will be indicated. The submittal will also contain an itemized estimate of all costs that
will result directly or indirectly from acceptance of such variation, including costs of redesign and claims of
other Contractors affected by the resulting change, all of which shall be considered by the Borough in
evaluating the proposed variation. If the variation may result in a change of Contract Time or Price, or
Contract responsibility, and is not minor in nature; the Contractor must submit a written request for Change
Order with the variation to notify the Borough of its intent. The Borough may require the Contractor to
furnish at the Contractor's expense additional data about the proposed variation. The Contracting Officer may
reject any variation request which the Contracting Officer determines is not in the best interest of the
Borough.
6.21 Shop Drawing and Sample Review:
6.21.1 The Contracting Officer will review with reasonable promptness Shop Drawings and samples, but the
Contracting Officer's review will be only for conformance with the design concept of the Project and for
compliance with the information given in the Contract Documents and shall not extend to means, methods,
techniques, sequences or procedures of construction (except where a specific means, method, technique,
sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety
precautions or programs incident thereto. The review of a separate item as such will not indicate acceptance
of the assembly in which the item functions. The Contractor shall make corrections required by the
Contracting Officer and shall return the required number of corrected copies of Shop Drawings and submit as
required new samples for review. The Contractor shall direct specific attention in writing to revisions other
than the corrections called for by the Contracting Officer on previous submittals.
6.21.2 The Contracting Officer's review of Shop Drawings or samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in
writing advised the Contracting Officer of each such variation at the time of submission as required
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by paragraph 6.20.4. The Contracting Officer if he so determines, may give written approval of each such
variation by Change Order, except that, if the variation is minor and no Change Order has been requested, a
specific written notation thereof incorporated in or accompanying the Shop Drawing or sample review
comments shall suffice as a modification. No approval by the Contracting Officer will relieve the Contractor
from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied
with the provisions of paragraph 6.20.3.
6.21.3 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior
to the Contracting Officer's review of the pertinent submission will be the sole expense and responsibility of
the Contractor.
6.22 Maintenance During Construction:
The Contractor shall maintain the Work during construction and until Substantial Completion, at which time
the responsibility for maintenance shall be established in accordance with paragraph 13.10.
6.23 Continuing the Work:
The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the Borough. No Work shall be delayed or postponed pending resolution of any disputes,
disagreements, or claims except as the Contractor and the Contracting Officer may otherwise agree in writing.
6.24 Consent to Assignment:
The Contractor shall obtain the prior written consent of the Contracting Officer to any proposed assignment of
any interest in, or part of this Contract. The consent to any assignment or transfer shall not operate to relieve
the Contractor or his Sureties of any of his or its obligations under this Contract or the Performance Bonds.
Nothing herein contained shall be construed to hinder, prevent, or affect an assignment of monies due, or to
become due hereunder, made for the benefit of the Contractor's creditors pursuant to law.
6.25 Use of Explosives:
6.25.1 When the use of explosives is necessary for the prosecution of the Work, the Contractor shall exercise
the utmost care not to endanger life or property, including new Work and shall follow all Regulatory
Requirements applicable to the use of explosives. The Contractor shall be responsible for all damage resulting
from the use of explosives.
6.25.2 All explosives shall be stored in a secure manner in compliance with all Regulatory Requirements, and
all such storage places shall be clearly marked. Where no Regulatory Requirements apply, safe storage shall
be provided no closer than 1,000 feet from any building, camping area, or place of human occupancy.
6.25.3 The Contractor shall notify each public utility owner having structures in proximity to the site of his
intention to use explosives. Such notice shall be given sufficiently in advance to enable utility owners to take
such steps as they may deem necessary to protect their property from injury. However, the Contractor shall be
responsible for all damage resulting from the use of the explosives, whether or not utility owners act to protect
their property.
6.26 Contractor's Records:
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6.26.1 Records of the Contractor and Subcontractors relating to personnel, payrolls, invoices of materials,
and any and all other data relevant to the performance of this Contract must be kept on a generally recognized
accounting system. Such records must be available during normal work hours to the Contracting Officer for
purposes of investigation to ascertain compliance with Regulatory Requirements and provisions of the
Contract Documents.
6.26.2 Payroll records must contain the name and address of each employee, his correct classification, rate of
pay, daily and weekly number of hours of work, deductions made, and actual wages paid. The Contractor and
Subcontractor shall make employment records available for inspection by the Contracting Officer and
representatives of the U.S. and/or Alaska Department of Labor and Workforce Development and will permit
such representatives to interview employees during working hours on the Project.
6.26.3 Records of all communications between the Borough and the Contractor and other parties, where such
communications affected performance of this Contract, must be kept by the Contractor and maintained for a
period of three years from Final Acceptance. The Borough or its assigned representative may perform an
audit of these records during normal work hours after written notice to the Contractor.
ARTICLE 7 - LAWS AND REGULATIONS
7.1 Laws to be Observed:
The Contractor shall keep fully informed of all Federal and State Regulatory Requirements and all orders and
decrees of bodies or tribunals having any jurisdiction or authority, which in any manner after those engaged or
employed on the Work, or which in any way affect the conduct of the Work. The Contractor shall at all times
observe and comply with all such Regulatory Requirements, orders and decrees and shall protect and
indemnify the Borough and its representatives against claim or liability arising from or based on the violation
of any such Regulatory Requirement, order, or decree whether by the Contractor, Subcontractor, or any
employee of either. Except where otherwise expressly required by applicable Regulatory Requirements, the
Borough shall not be responsible for monitoring Contractor's compliance with any Regulatory Requirements.
7.2 Permits, Licenses and Taxes:
7.2.1 The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all
notices necessary and incidental to the due and lawful prosecution of the Work. As a condition of
performance of this Contract, the Contractor shall pay all Federal, State and local taxes incurred by the
Contractor, in the performance of this Contract. Proof of payment of these taxes is a condition precedent to
final payment by the Borough under this Contract.
7.2.2 The Contractor's certification that taxes have been paid (as contained in the Release of Contract) will
be verified with the Alaska Department of Revenue and Department of Labor and Workforce Development,
prior to final payment.
7.2.3 If any Federal, State or local tax is imposed, charged, or repealed after the date of bid opening and is
made applicable to and paid by the Contractor on the articles or supplies herein contracted for, then the
Contract shall be increased or decreased accordingly by a Change Order.
7.3 Patented Devices, Materials and Processes:
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If the Contractor employs any design, device, material, or process covered by letters of patent, trademark or
copyright, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner.
The Contractor and the Surety shall indemnify and save harmless the Borough, any affected third party, or
political subdivision from any and all claims for infringement by reason of the use of any such patented
design, device material or process, or any trademark or copyright, and shall indemnify the Borough for any
costs, expenses, and damages which it may be obligated to pay by reason of any infringement, at any time
during the prosecution or after the completion of the Work.
7.4 Compliance of Specifications and Drawings:
If the Contractor observes that the Specifications and Drawings supplied by the Borough are at variance with
any Regulatory Requirements, Contractor shall give the Contracting Officer prompt written notice thereof,
and any necessary changes will be authorized by one of the methods indicated in paragraph 9.2 as determined
appropriate by the Contracting Officer. If the Contractor performs any Work knowing or having reason to
know that it is contrary to such Regulatory Requirements, and without such notice to the Contracting Officer,
the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor's primary
responsibility to make certain that the Specifications and Drawings supplied by the Borough are in accordance
with such Regulatory Requirements.
7.5 Accident Prevention:
The Contractor shall comply with AS 18.60.75 and all pertinent provisions of the Construction Code
Occupational Safety and Health Standards issued by the Alaska Department of Labor and Workforce
Development.
7.6 Sanitary Provisions:
The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use
of its employees and Borough representatives as may be necessary to comply with the requirements of the
State and local Boards of Health, or of other bodies or tribunals having jurisdiction.
7.7 Business Registration:
The Contractor shall comply with all applicable provisions of AS 18.18.011. It is unlawful for a person to
submit a bid or work as a contractor until he has been issued a certificate of registration by the Department of
Commerce, Community and Economic Development. A partnership or joint venture shall be considered
registered if one of the general partners or venturers whose name appears in the name under which the
partnership or venture does business is registered.
7.8 Professional Registration and Certification:
All craft trades, architects, engineers and land surveyors, electrical administrators, and explosive handlers
employed under the Contract shall specifically comply with applicable provisions of AS 08.18, 08.48, 08.40
and 08.52. Provide copies of individual licenses within seven days following a request from the Contracting
Officer.
7.9 Local Building Codes:
The Contractor shall comply with AS 35.10.025 which requires construction in accordance with applicable
local building codes including the obtaining of required permits.
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7.10 Environmental Quality Control:
The Contractor shall comply with all applicable provisions of federal environmental laws, AS Title 46 and
regulations adopted thereunder, as they pertain to Water, Air, Energy and Environmental Conservation.
7.11 Archaeological or Paleontological Discoveries:
When the Contractor's operation encounters prehistoric artifact, burials, remains of dwelling sites, or
paleontological remains, such as shell heaps, land or seal mammal bones or tusks, the Contractor shall cease
operations immediately and notify the Contracting Officer. No artifacts or specimens shall be further
disturbed or removed from the ground and no further operations shall be performed at the site until so
directed. Should the Contracting Officer order suspension of the Contractor's operations in order to protect an
archaeological or historical finding, or order the Contractor to perform extra Work, such shall be covered by
an appropriate Contract change document.
7.12 Alaska Agricultural Products:
Pursuant to AS 36.15, forestry and agricultural products harvested in Alaska shall be used in State funded
projects when competitively priced, available and of like quality compared with agricultural projects harvested
outside the State.
7.13 Preferential Employment:
The Contractor shall comply with all applicable and valid laws and regulations regarding the hiring of Alaska
residents now in effect or that might subsequently take effect during the term of this Contract. In order to
ensure that Contractor's subcontractors will comply with all applicable laws and regulations regarding the
hiring of Alaska residents now in effect or that might subsequently take effect, the Contractor shall include in
its contracts with subcontractors under this Contract language that is substantially the same as the first
sentence of this provision.
7.14 Wages and Hours of Labor:
7.14.1 One certified copy of all payrolls shall be submitted bi-weekly to the Alaska Department of Labor
and Workforce Development and to KIB to assure compliance with AS 36.05.040, Filing Schedule of
Employees Wages Paid and Other Information. The Contractor shall be responsible for the submission of
certified copies of payrolls of all Subcontractors. The certification shall affirm that the payrolls are current
and complete, that the wage rates contained therein are not less than the applicable rate referenced in these
Contract Documents, and that the classification set forth for each laborer or mechanic conforms with the Work
he performed. The Contractor and its Subcontractors shall attend all hearings and conferences and produce
such books, papers and documents all as requested by the Department of Labor and Workforce Development.
Should Federal funds be involved, the appropriate Federal Agency shall also receive a copy of the Contractor's
certified payrolls.
7.14.2 The following Labor provisions shall also apply to this Contract:
a. The Contractor and its Subcontractors shall pay all employees unconditionally in a timely
manner;
b. wages may not be less than those stated in the advertised Specifications, regardless of the
contractual relationship between the Contractor or Subcontractors and laborers, mechanics,
or field surveyors;
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c. the scale of wages to be paid shall be posted by the Contractor in a prominent and easily
accessible place at the site of the Work;
d. the Borough shall withhold so much of the accrued payments as is necessary to pay to
laborers, mechanics, or field surveyors employed by the Contractor or Subcontractors the
difference between
1. the rate of wages required by the Contract to be paid laborers, mechanics, or field
surveyors on the Work, and
2. the rates of wages in fact received by laborers, mechanics or field-surveyors.
7.15 Overtime Work Hours and Compensation:
Pursuant to AS 23.10.060, the Contractor shall not require nor permit any laborer or mechanic employed on
any Work under this Contract to work in excess of eight hours in any Calendar Day or in excess of forty hours
in any workweek on Work subject to the provisions of the Contract Work Hours and Safety Standards Act
unless such laborer or mechanic receives compensation at a rate not less than one and one half times the basic
rate of pay for all such hours worked in excess of eight hours in any Calendar Day or in excess of forty hours
in such workweek, whichever is the greater number of overtime hours. In the event of any violation of this
provision, the Contractor shall be liable to any affected employee for any amounts due and penalties and to the
Borough for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violation of this provision in the sum of $10.00 for each Calendar Day on
which such employee was required or permitted to be employed on such Work in excess of eight hours or in
excess of the standard workweek of forty hours without payment of the overtime wages required by this
paragraph.
7.16 Covenant Against Contingent Fees:
The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this
Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies maintained by the
Contractor for the purpose of securing business. For breach or violation of this warrant, the Borough shall
have the right to annul this Contract without liability or, in its discretion, to deduct price of consideration from
the Contract or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
7.17 Officials Not To Benefit:
No member of or delegate to the U.S. Congress, the State Legislature, the Borough Assembly or other elected
official shall be admitted to any share or part of this Contract, nor to any benefit that may arise therefrom.
However, this provision shall not be construed to extend to this Contract if made with a corporation or limited
liability company for its general benefit.
7.18 Personal Liability of Public Officials:
In carrying out any of the provisions thereof, or in exercising any power or authority granted to the
Contracting Officer by the Contract, there will be no liability upon the Contracting Officer nor upon Borough
employees authorized as the Contracting Officer's representatives, either personally or as officials of the
Borough, it being always understood that in such matters they act as agents and representatives of the
Borough.
ARTICLE 8 - OTHER WORK
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8.1 Related Work At Site:
8.1.1 The Borough reserves the right at any time to contract for and perform other additional work on or
near the Work covered by this Contract.
8.1.2 When separate contracts are let within the limits of the Project, the Contractor shall conduct its Work
so as not to interfere with or hinder the work being performed by other contractors. The Contractor when
working on the same Project with other contractors shall cooperate with such other contractors. The
Contractor shall join its work with that of the others in an acceptable manner and shall perform it in proper
sequence to that of others.
8.1.3 If the fact that other such work is to be performed is identified or shown in the Contract Documents
the Contractor shall assume all liability, financial or otherwise, in connection with this Contract and indemnify
and save harmless the Borough from any and all damages or claims that may arise because of inconvenience,
delay, or loss experienced by the Contractor because of the presence and operations of other contractors.
8.1.4 If the fact that such other work is to be performed was not identified or shown in the Contract
Documents, written notice thereof will be given to the Contractor prior to starting any such other work. If the
Contractor believes that such performance will require a change in Contract Price or Contract Time, the
Contractor shall notify the Contracting Officer of such required increase within 15 calendar days following
receipt of the Contracting Officer's notice. Should the Contracting Officer find such increase(s) to be
justified, a Change Order will be executed.
8.2 Access, Cutting, and Patching:
The Contractor shall afford each utility owner and any other contractor who is a party to such a direct contract
with the Borough (or the Borough, if the Borough is performing the additional work with the Borough's
employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and shall properly connect and coordinate the Work
with the work of others. The Contractor shall do all cutting, fitting and patching of the Work that may be
required to make its several parts come together properly and integrate with such other work, the Contractor
shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut
or alter such other work with the written consent of the Contracting Officer. Contractor will submit a Cutting
and Patching proposal describing procedures at least 10 days before the time Cutting and Patching will be
performed, requesting the approval to proceed. Where Cutting and Patching involve adding reinforcement to
structural elements, submit details and engineering calculations showing integration of reinforcement with
original structure. Approval does not waive right to later require removal and replacement of unsatisfactory
work. The Contractor will not Cut and Patch in a manner that could change load-carrying capacity or load-
deflection ratio, or that results in reducing the capacity of operating elements and related components to
perform as intended or that results in increased maintenance or decreased operational life or safety. Do not
cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and
patch construction exposed on the exterior or in occupied spaces in a manner that would, in Owner's opinion,
reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a
visually unsatisfactory manner. Remove, replace, patch, and repair materials and surfaces cut or damaged
during cutting and patching operations, by methods and with materials so as not to void existing warranties.
Use materials identical to in-place materials. For exposed surfaces, use materials that visually match in-place
adjacent surfaces to the fullest extent possible. If identical materials are unavailable or cannot be used, use
materials that, when installed, will match the visual and functional performance of in-place materials. Clean
areas and spaces where Cutting and Patching are performed. Completely remove paint, mortar,
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oils, putty, and similar materials. The duties and responsibilities of the Contractor under this paragraph are for
the benefit of other contractors to the extent that there are comparable provisions for the benefit of the
Contractor in said direct contracts between the Borough and other contractors.
8.3 Defective Work By Others:
If any part of the Contractor's Work depends for proper execution or results upon the work of any such other
contractor, utility owner, or the Borough, the Contractor shall inspect and promptly report to the Contracting
Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for
such proper execution and results. The Contractor's failure to so report will constitute an acceptance of the
other work as fit and proper for integration with Contractor's Work except for latent or non-apparent defects
and deficiencies in the other work.
8.4 Coordination:
If the Borough contracts with others for the performance of other work at the site, the Contracting Officer will
have authority and responsibility for coordination of the activities among the various prime contractors.
ARTICLE 9 - CHANGES
9.1 Borough's Right to Change:
Without invalidating the Contract and without notice to any Surety, the Borough may, at any time or from
time to time, order additions, deletions or revisions in the Work within the general scope of the Contract,
including but not limited to changes:
9.1.1 In the Contract Documents;
9.1.2 In the method or manner of performance of the Work;
9.1.3 In Borough-furnished facilities, equipment, materials, services, or site;
9.1.4 Directing acceleration in the performance of the Work.
9.2 Authorization of Changes within the General Scope:
Additions, deletions, or revisions in the Work within the general scope of the Contract as specified in
paragraph 9.1 shall be authorized by one or more of the following ways:
9.2.1 Directive (pursuant to paragraph 9.3).
9.2.2 A Change Order (pursuant to paragraph 9.4).
9.2.3 Borough's acceptance of Shop Drawing variations from the Contract Documents as specifically
identified by the Contractor as required by paragraph 6.20.4.
9.3 Directive:
9.3.1 The Contracting Officer shall provide written clarification or interpretation of the Contract
Documents (pursuant to paragraph 3.6).
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9.3.2 The Contracting Officer may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents.
9.3.3 The Contracting Officer may order the Contractor to correct Defective Work or methods which are
not in conformance with the Contract Documents.
9.3.4 The Contracting Officer may direct the commencement or suspension of Work or emergency related
Work (as provided in paragraph 6.19).
9.3.5 Upon the issuance of a Directive to the Contractor by the Contracting Officer, the Contractor shall
proceed with the performance of the Work as prescribed by such Directive.
9.3.6 If the Contractor believes that the changes noted in a Directive may cause an increase in the Contract
Price or an extension of Contract Time, the Contractor shall immediately provide written notice to the
Contracting Officer depicting such increases before proceeding with the Directive, except in the case of an
emergency. If the Contracting Officer finds the increase in Contract Price or the extension of Contract Time
justified, a Change Order will be issued. If, however, the Contracting Officer does not find that a Change
Order is justified, the Contracting Officer may direct the Contractor to proceed with the Work. The
Contractor shall cooperate with the Contracting Officer in keeping complete daily records of the cost of such
Work. If a Change Order is ultimately determined to be justified, in the absence of agreed prices and unit
prices, payment for such Work will be made on a cost of the work basis as provided in paragraph 10.4.
9.4 Change Order:
A change in Contract Time, Contract Price, or responsibility may be made for changes within the scope of the
Work only by Change Order. Upon receipt of an executed Change Order, the Contractor shall promptly
proceed with the work involved which will be performed under the applicable conditions of the Contract
Documents except as otherwise specifically provided. Changes in Contract Price and Contract Time shall be
made in accordance with Article 10 and 11.
9.5 Shop Drawing Variations:
Shop drawing variations shall only be eligible for consideration under 9.4 when the conditions affecting the
price, time, or responsibility are identified by the Contractor in writing and a request for a Change Order is
submitted as per paragraph 6.20.4.
9.6 Changes Outside the General Scope; Supplemental Agreement:
Any change which is outside the general scope of the Contract, as determined by the Contracting Officer,
must be authorized by a Supplemental Agreement signed by the appropriate representatives of the Borough
and the Contractor. Prior approval by the Borough Manager or the Borough Assembly may be required.
9.7 Unauthorized Work:
The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time
with respect to any work performed that is not required by the Contract Documents as amended,
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modified and supplemented as provided in this Article 9, except in the case of an emergency as provided in
paragraph 6.19 and except in the case of uncovering Work as provided in paragraph 12.4.2.
9.8 Notification of Surety:
If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be
given to a Surety, the giving of any such notice will be the Contractor's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
9.9 Differing Site Conditions:
9.9.1 The Contractor shall promptly, and before such conditions are disturbed (except in an emergency as
permitted by paragraph 6.19), notify the Contracting Officer in writing of (1) subsurface or latent physical
conditions at the site differing materially from those indicated in the Contract, and which could not have been
discovered by a careful examination of the site, or (2) unknown physical conditions at the site, of an unusual
nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in this Contract. The Contracting Officer shall promptly investigate the conditions,
and if the Contracting Officer finds that such conditions do materially so differ and cause an increase or
decrease in the Contractor's cost of or time required for, performance of this Contract, an equitable adjustment
shall be made and the Contract modified in writing accordingly.
9.9.2 Any claim for additional compensation by the Contractor under this clause shall be made in
accordance with Article 15 and shall not be allowed unless the Contractor has first given the notice required
by this Contract. In the event that the Contracting Officer and the Contractor are unable to reach an agreement
concerning an alleged differing site condition, the Contractor will be required to keep an accurate and detailed
record which will indicate the actual cost of the work done under the alleged differing site condition. Failure
to keep such a record shall be a bar to any recovery by reason of such alleged differing site conditions. The
Contracting Officer shall be given the opportunity to supervise and check the keeping of such records.
ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE
10.1 Contract Price:
The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the
Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by
the Contractor shall be at its expense without change in the Contract Price. The Contract Price may only be
changed by a Change Order or Supplemental Agreement.
10.2 Claim For Price Change:
Any claim for an increase or decrease in the Contract Price shall be submitted in accordance with the terms of
Article 15, and shall not be allowed unless notice requirements of this Contract have been met.
10.3 Change Order Price Determination:
The value of any Work covered by a Change Order for an increase or decrease in the Contract Price shall be
determined in one of the following ways:
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10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 10.9.1
through 10.9.3, inclusive).
10.3.2 By mutual acceptance of a lump sum price which includes overhead and profit.
10.3.3 When 10.3.1 and 10.3.2 are inapplicable, on the basis of the "cost of the work" (determined as
provided in paragraphs 10.4 and 10.5) plus a Contractor's fee for overhead and profit (determined as provided
in paragraph 10.6).
10.3.4 Before a Change Order or Supplemental Agreement is approved, the Contractor shall submit pricing
data regarding the changed or extra work. The Contractor shall certify that the data submitted is, to its best
knowledge and belief accurate, complete and current as of a mutually determined specified data and that such
data will continue to be accurate and complete during the performance of the changed or extra work.
10.4 "Cost of the Work":
The term "cost of the work" means the sum of all costs necessarily incurred and paid by the Contractor in the
proper performance of the Work. Except as otherwise may be agreed to in writing by the Borough, such costs
shall be in amount no higher than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in paragraph 10.5:
10.4.1 Payroll costs for employees in the direct employ of the Contractor in the performance of the Work
under schedules of job classifications agreed upon by the Borough and the Contractor. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the site. The expenses of performing Work
after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent
authorized by the Borough.
10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to the Contractor unless the Borough deposits funds with the Contractor with which to
make payments, in which case the cash discounts shall accrue to the Borough. All trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to the Borough, and the
Contractor shall make provisions so that they may be obtained.
10.4.3 Payments made by the Contractor to Subcontractors for Work performed by Subcontractors or
Suppliers acceptable to the Contractor. Contractor shall deliver such quotes to the Borough who will then
determine which quotes will be accepted. If a subcontract provides that the Subcontractor is to be paid on the
basis of "cost of the work" plus a fee, the Subcontractor's "cost of the work" shall be determined in the same
manner as the Contractor's "cost of work" as described in paragraphs 10.4 and 10.5; and the Subcontractor's
fee shall be established as provided for under subparagraph 10.6.2 clause b. All subcontracts shall be subject
to the other provisions of the Contract Documents insofar as applicable.
10.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories,
and surveyors) employed for services necessary for the completion of the Work.
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10.4.5 Supplemental costs including the following:
a. The proportion of necessary transportation, travel and subsistence expenses of the
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by
the workers, which are consumed in the performance of the Work, and cost less market value
of such items used but not consumed which remain the property of the Contractor.
c. Rentals of all construction equipment and machinery and the parts thereof whether rented
from the Contractor or others in accordance with rental agreements approved by the Borough
and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof - all in accordance with terms of said rental agreements. The rental of any such
equipment, machinery or parts shall cease when the use thereof is no longer necessary for the
Work.
d. Sales, consumer, use or similar taxes related to the Work, and for which the Contractor is
liable, imposed by Regulatory Requirements.
e. Deposits lost for causes other than negligence of the Contractor, and Subcontractor or anyone
directly or indirectly employed by any of them or for whose acts any of them may be liable,
and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses), not compensated by insurance or otherwise, to
the Work or otherwise sustained by the Contractor in connection with the performance and
furnishing of the Work provided they have resulted from causes other than the negligence of
the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such losses shall include settlements made with
the written consent and approval of the Borough. No such losses, damages and expenses
shall be included in the "cost of the work" for the purpose of determining the Contractor's
fee. If, however, any such loss or damage requires reconstruction and the Contractor is
placed in charge thereof, the Contractor shall be paid for services a fee proportionate to that
stated in paragraphs 10.6.2.a and 10.6.2.b.
g. The cost of utilities, fuel and sanitary facilities at the site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
i. Cost of premiums for Payment and Performance Bonds and insurance, each as described in
Article 5, and additional bonds and insurance required because of changes in the Work and
premiums for property insurance coverage within the limits of the deductible amounts
established by the Borough in accordance with Article 5.
10.5 Excluded Costs:
The term "cost of the work" shall not include any of the following:
10.5.1 Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants,
purchasing and contracting agency, expediters, timekeepers, clerks and other personnel employed by
Contractor whether at the site or in Contractor's principal or a branch office for general administration of the
Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph
10.4.1 or specifically covered by paragraph 10.4.4 - all of which are to be considered administrative costs
covered by the Contractor's fee.
10.5.2 Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
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10.5.3 Any part of Contractor's capital expenses including interest on Contractor's capital employed for the
Work and charges against Contractor for delinquent payments.
10.5.4 Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the
Contract Documents to purchase and maintain the same (except for the cost of premiums covered by
subparagraph 10.4.5.i above.
10.5.5 Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited to, the
correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
10.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in paragraph 10.4.
10.6 Contractor's Fee:
The Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows:
10.6.1 A mutually acceptable fixed fee; or:
10.6.2 A fee based on the following percentages of the various portions of the "cost of the work:"
a. For costs incurred under paragraphs 10.4.1 and 10.4.2, the Contractor's fee shall not exceed
fifteen percent;
b. For costs incurred under paragraph 10.4.3, the Contractor's fee shall not exceed eight percent;
and if a subcontract is on the basis of "cost of the work" plus a fee, the maximum allowable
to Contractor on account of overhead and profit of all Subcontractors and multiple tiers
thereof shall not exceed eight percent;
c. No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4, 10.4.5 and
10.5;
d. The amount of credit to be allowed by the Contractor to the Borough for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a
deduction in Contractor's fee by an amount equal to ten percent of the net decrease; and
e. When both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
paragraphs 10.6.2.a through 10.6.2.d, inclusive.
10.7 Cost Breakdown:
Whenever the cost of any Work is to be determined pursuant to paragraphs 10.4 and 10.5, the Contractor will
submit in form acceptable to the Borough an itemized cost breakdown together with supporting data.
10.8 Cash Allowances:
It is understood that Contractor has included in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such
sums within the limit of the allowances as may be acceptable to the Contracting Officer. Contractor agrees
that:
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10.8.1 The allowances include the cost to Contractor (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the site, and all applicable taxes; and
10.8.2 Contractor's cost for unloading and handling on the site, labor, installation costs, overhead, profit and
other expenses contemplated for the allowances have been included in the Contract Price and not in the
allowances. No demand for additional payment on account of any thereof will be valid.
10.9 Unit Price Work:
10.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by the Contractor
will be made by the Borough in accordance with paragraph 10.10.
10.9.2 Each unit price will be deemed to include an amount considered by the Contractor to be adequate to
cover the Contractor's overhead and profit for each separately identified item. If the "Basis of Payment"
clauses in the Contract Documents relating to any unit price in the bid schedule requires that the said unit
price cover and be considered compensation for certain work or material essential to the item, this same work
or material will not also be measured or paid for under any other pay item which may appear elsewhere in the
Contract Documents.
10.9.3 Payment to the Contractor shall be made only for the actual quantities of Work performed and
accepted or materials furnished, in conformance with the Contract Documents. When the Contractor
approaches 90 percent of the estimated quantity of a unit price item, Contractor shall notify the Contracting
Officer. Such notification is required prior to any request for an increase in the estimated quantities of Work
or materials stated in the bid schedule, or change documents.
10.10 Determinations for Unit Prices:
The Contracting Officer will determine the actual quantities and classifications of Unit Price Work performed
by the Contractor. The Contracting Officer will review with the Contractor preliminary determinations on
such matters before finalizing the costs and quantities on the Schedule of Values. The Contracting Officer's
acknowledgment thereof will be final and binding on the Contractor, unless, within 10 days after the date of
any such decisions, the Contractor delivers to the Contracting Officer written notice of intention to appeal
from such a decision.
ARTICLE 11 - CONTRACT TIME: COMPUTATION AND CHANGE
11.1 Commencement of Contract Time:
The Contract Time will commence to run on the day indicated in the Notice to Proceed.
11.2 Starting the Work:
No Work on Contract items shall be performed before the effective date of the Notice to Proceed. The
Contractor shall notify the Contracting Officer at least 24 hours in advance of the time actual construction
operations will begin. The Contractor may request a limited Notice to Proceed after Award has been made, to
permit it to order long lead materials which could cause delays in project completion. However,
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granting is within the sole discretion of the Contracting Officer, and refusal or failure to grant a limited Notice
To Proceed shall not be a basis for claiming for delay, extension of time, or alteration of price.
11.3 Computation of Contract Time:
11.3.1 When the Contract Time is specified on a Calendar Days basis, all Work under the Contract shall be
completed within the number of Calendar Days specified. The count of Contract Time begins on the day
following receipt of the Notice to Proceed by the Contractor, if no starting day is stipulated therein. Calendar
Days shall continue to be counted against Contract Time until and including the date of Final Completion of
the Work.
11.3.2 When the Contract completion time is specified as a fixed calendar date, it shall be the date of Final
Completion.
11.4 Time Change:
The Contract Time may only be changed by a Change Order or Supplemental Agreement.
11.5 Extension Due to Delays:
The right of the Contractor to proceed shall not be terminated nor the Contractor charged with liquidated or
actual damages because of any delays to the completion of the Work due to unforeseeable causes beyond the
control and without the fault or negligence of the Contractor, including, but not restricted to the following:
acts of God or of the public enemy, acts of the Borough in contractual capacity, acts of another contractor in
the performance of a Contract with the Borough, floods, fires, epidemics, quarantine restrictions, strikes,
freight embargoes, unusually severe weather and delays of Subcontractors or Suppliers due to such causes.
Any delay in receipt of materials on the site, caused by other than one of the specifically mentioned
occurrences above, does not of itself justify a time extension, provided that the Contractor shall within 24
hours from the beginning of any such delay (unless the Contracting Officer shall grant a further period of the
time prior to the date of final settlement of the Contract) notify the Contracting Officer in writing of the cause
of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for
completing the Work when the findings of fact justify such an extension.
11.5.1 Delays or disruptions resulting from weight restrictions imposed on roadways, excessive traffic on
roadways or road construction and/or repairs shall not be considered unforeseeable causes beyond the control
of the Contractor.
11.6 Essence of Contract:
All time limits stated in the Contract Documents are of the essence of the Contract.
11.7 Reasonable Completion Time:
It is expressly understood and agreed by and between the Contractor and the Borough that the date of
beginning and the time for Final Completion of the Work described herein are reasonable times for the
completion of the Work.
11.8 Delay Damages:
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Whether or not the Contractor's right to proceed with the Work is terminated, the Contractor and its Sureties
shall be liable for damages resulting from the Contractor's refusal or failure to complete the Work within the
specified time.
Liquidated damages for delay shall be paid by the Contractor or his Surety to the Borough in the amount as
specified in the Supplementary Conditions for each Calendar Day the completion of the Work or any part
thereof is delayed beyond the Contract Time required by the Contract, or any extension thereof. If such
amount of liquidated damages is not established by the Contract Documents, then the Contractor and his
Surety shall be liable to the Borough for any actual damages occasioned by such delay. The Contractor
acknowledges that the liquidated damages established herein are not a penalty but rather constitute an estimate
of damages that the Borough will sustain by reason of delayed completion. These liquidated damages are
intended as compensation for losses difficult to estimate, and include those items enumerated in the
Supplementary Conditions.
These damages will continue to run both before and after termination in the event of default termination.
These liquidated damages do not cover excess costs of completion or Borough costs, fees, and charges related
to reprocurement. If a default termination occurs, the Contractor or his Surety shall pay in addition to these
damages, all excess costs and expenses related to completion as provided by paragraph 14.2.5.
ARTICLE 12 - QUALITY ASSURANCE
12.1 Warranty and Guaranty:
The Contractor warrants and guarantees to the Borough that all Work will be in accordance with the Contract
Documents and will not be Defective. Prompt notice of all defects shall be given to the Contractor. All
Defective Work, whether or not in place, may be rejected, corrected or accepted as provided for in this Article.
12.2 Access to Work:
The Borough and its Project Management representatives, testing agencies and governmental agencies with
jurisdiction interests will have access to the Work at reasonable times for their observation, inspecting and
testing. The Contractor shall provide proper and safe conditions for such access.
12.3 Tests and Inspections:
12.3.1 The Contractor shall give the Contracting Officer timely notice of readiness of the Work for all
required inspections, tests or approvals.
12.3.2 If Regulatory Requirements of any public body having jurisdiction require any Work (or part thereof)
to specifically be inspected, tested or approved, the Contractor shall schedule such inspection, test or approval.
Testing and Inspections shall be scheduled in a manner such as to reduce travel expenses of inspector
whenever reasonable and without adversely affecting the schedule of work. The Borough shall select the
inspector and pay all costs in connection therewith. The Contracting Officer shall be provided with the
required certificates of inspection, testing or approval. If compliance with two or more standards is specified
and the standards establish different or conflicting requirements for minimum quantities or quality levels, the
Contractor shall comply with the most stringent requirement. The Contractor will refer uncertainties and
requirements that are different, but apparently equal, to Owner for a decision before proceeding. The Borough
may perform additional tests and inspections which it deems
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necessary to insure quality control. All such failed tests or inspections shall be at the Contractor's expense.
12.3.3 If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of the Contracting Officer, it must, if requested by the Contracting Officer, be
uncovered for observation. Such uncovering shall be at the Contractor's expense unless the Contractor has
given the Contracting Officer timely notice of Contractor's intention to cover the same and the Contracting
Officer has not acted with reasonable promptness in response to such notice.
12.3.4 Neither observations nor inspections, tests or approvals by the Borough or others shall relieve the
Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents.
12.3.5 Within 30 days from the Notice to Proceed, the Contractor shall provide to the Contracting Officer a
Schedule of Tests and Inspections, prepared in tabular form and including the following:
1. Specification Section number and title.
2. Description of test and inspection.
3. Identification of applicable standards.
4. Identification of test and inspection methods.
5. Number of tests and inspections required.
6. Time schedule or time span for tests and inspections.
7. Entity responsible for performing tests and inspections.
8. Requirements for obtaining samples.
9. Unique characteristics of each quality-control service.
12.3.6 The Contractor shall maintain a test and inspection log at the Project site, allowing access to the
Contracting Officer and Project Manager during working hours. The Contractor shall prepare and submit to
the Contracting Officer certified written reports that include the following:
1. Date of issue.
2. Project title and number.
3. Name, address, and telephone number of testing agency.
4. Dates and locations of samples and tests or inspections.
5. Names of individuals making tests and inspections.
6. Description of the Work and test and inspection method.
7. Identification of product and Specification Section.
8. Complete test or inspection data.
9. Test and inspection results and an interpretation of test results.
10. Record of temperature and weather conditions at time of sample taking and testing and
inspecting.
11. Comments or professional opinion on whether tested or inspected Work complies with the
Contract Document requirements.
12. Name and signature of laboratory inspector.
13. Recommendations on retesting and reinspecting.
12.4 Uncovering Work:
12.4.1 If any Work is covered contrary to the written request of the Contracting Officer, it must, if requested
by the Contracting Officer, be uncovered for the Contracting Officer's observation and replaced at the
Contractor's expense.
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12.4.2 If the Contracting Officer considers it necessary or advisable that covered Work be observed
inspected or tested, the Contractor, at the Contracting Officer's request shall uncover, expose or otherwise
make available for observation, inspection or testing as the Contracting Officer may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is
Defective, the Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure,
observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals) and the Borough shall be entitled to an
appropriate decrease in the Contract Price. If, however, such Work is not found to be Defective, the
Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both
directly attribute to such uncovering, exposure, observation, inspection, testing and reconstruction.
12.5 Borough May Stop the Work:
If the Work is Defective, or the Contractor fails to supply suitable materials or equipment, or fails to furnish or
perform the Work in such a way that the completed Work will conform to the Contract Documents, the
Contracting Officer may order the Contractor to stop the Work, or any portion thereof, until the cause for such
order has been eliminated.
12.6 Correction or Removal of Defective Work:
If required by the Contracting Officer, the Contractor shall promptly, as directed, either correct all Defective
Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Contracting
Officer, remove it from the site and replace it with Work which conforms to the requirements of the Contract
Documents. The Contractor shall bear all direct, indirect and consequential costs of such correction removal
(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
12.7 One Year Correction Period:
If within one year after the date of Final Completion or such longer period of time as may be prescribed by
Regulatory Requirements or by the terms of any applicable special guarantee required by the Contract
Documents, any Work is found to be Defective, the Contractor shall promptly, without cost to the Borough
and in accordance with the Contracting Officer's written instructions, either correct such Defective Work, or,
if it has been rejected by the Contracting Officer, remove it from the site and replace it with conforming
Work. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage, the Borough may have the Defective Work corrected
or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal
and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by the Contractor. In special circumstances where a particular item of equipment is
placed in continuous service for the benefit of the Borough before Final Completion of all the Work, the
correction period for that item may begin on an earlier date if so provided in the Specifications or by Change
Order. Provisions of this paragraph are not intended to shorten the statute of limitations for bringing an
action.
12.8 Acceptance of Defective Work:
Instead of requiring correction or removal and replacement of Defective Work, the Contracting Officer may
accept Defective Work. The Contractor shall bear all direct, indirect and consequential costs attributable to
the Contracting Officer's evaluation of and determination to accept such Defective Work
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(costs to include but not limited to fees charges of engineers, architects, attorneys, and other professionals). If
any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and the Borough shall be entitled to an
appropriate decrease in the Contract Price. If the Borough has already made final payment to the Contractor,
an appropriate amount shall be paid by the Contractor or its Surety to the Borough.
12.9 Borough May Correct Defective Work:
If the Contractor fails within a reasonable time after written notice from the Contracting Officer to proceed to
correct Defective Work or to remove and replace rejected Work as required by the Contracting Officer in
accordance with paragraph 12.6, or if the Contractor fails to perform the Work in accordance with the
Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents,
the Borough may, after seven days' written notice to the Contractor, correct and remedy any such deficiency.
In exercising the rights and remedies under this paragraph the Borough shall proceed expeditiously. To the
extent necessary to complete corrective and remedial action, the Contracting Officer may exclude the
Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's
services related thereto, take possession of the Contractor's tools, appliances, construction equipment and
machinery at the site and incorporate in the Work all materials and equipment stored at the site or approved
remote storage sites or for which the Borough has paid the Contractor but which are stored elsewhere. The
Contractor shall allow the Contracting Officer and his authorized representatives such access to the site as
may be necessary to enable the Contracting Officer to exercise the rights and remedies under this paragraph.
All direct, indirect and consequential costs of the Borough in exercising such rights and remedies will be
charged against the Contractor, and a Change Order will be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and the Borough shall be entitled to an appropriate decrease in
the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and
charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs
of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of
the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Contract Time
because of any delay in performance of the Work attributable to the exercise by the Contracting Officer of the
Borough's rights and remedies hereunder.
ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION
13.1 Schedule of Values:
The Schedule of Values established as provided in paragraph 6.6 will serve as the basis for progress payments
and will be incorporated into a form of Application for Payment acceptable to the Contracting Officer.
Progress payments on account of Unit Price Work will be based on the number of units completed.
13.2 Preliminary Payments:
Upon approval of the Schedule of Values the Contractor may be paid for direct costs substantiated by paid
invoices and other prerequisite documents required by the General Requirements. Direct costs shall include
the cost of bonds, insurance, approved materials stored on the site or at approved remote storage sites,
deposits required by a Supplier prior to fabricating materials, and other approved direct mobilization costs
substantiated as indicated above. These payments shall be included as a part of the total Contract Price as
stated in the Contract.
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13.3 Application for Progress Payment:
The Contractor shall submit to the Contracting Officer (or Project Manager if designated by the Borough) at
least 30 days before the date established for each progress payment (but not more than once a month) for
review three signed and notarized original copies of each completed Application for Payment covering the
Work completed as of the date of the Application for Payment and accompanied by such supporting
documentation as is required by the Contract Documents, which shall include the quantity, location and
completion date of the invoiced work. Entries shall match data on the Schedule of Values and Contractor's
Construction Schedule. Updated Schedules and Change Orders issued before the last day of the construction
period covered by the Application for Payment will be used. Progress payments will be made as the Work
progresses on a monthly basis.
13.4 Review of Application for Progress Payment:
Contracting Officer (or Project Manager) will either indicate in writing a recommendation of payment or
return the Application for Payment to the Contractor indicating in writing the Contracting Officer's reasons for
refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and
resubmit the Application for Payment.
13.5 Stored Materials and Equipment:
If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered
and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall
also be accompanied by a bill of sale, paid invoice or other documentation warranting that the Borough has
received the materials and equipment free and clear of all charges, security interests and encumbrances and
evidence that the materials and equipment are covered by appropriate property insurance and other
arrangements to protect the Borough's interest therein, all of which will be satisfactory to the Contracting
Officer. No payment will be made for perishable materials that could be rendered useless because of long
storage periods. No progress payment will be made for living plant materials until planted.
13.6 Contractor's Warranty of Title:
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to the Borough no later than the
time of payment free and clear of any claims, liens, security interest and further obligations.
13.7 Withholding of Payments:
The Borough may withhold or refuse payment for any of the reasons listed below provided it gives written
notice of its intent to withhold and of the basis for withholding:
13.7.1 The Work is Defective, or completed Work has been damaged requiring correction or replacement, or
has been installed without approval of Shop Drawings, or by an unapproved Subcontractor, or for unsuitable
storage of materials and equipment.
13.7.2 The Contract Price has been reduced by Change Order.
13.7.3 The Borough has been required to correct Defective Work or complete Work in accordance with
paragraph 12.9.
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13.7.4 The Borough's actual knowledge of the occurrence of any of the events enumerated in paragraphs
14.2.1.a through 14.2.1.k inclusive.
13.7.5 Claims have been made against the Borough or against the funds held by the Borough on account of
the Contractor's actions or inactions in performing this Contract, or there are other items entitling the Borough
to a set off.
13.7.6 Subsequently discovered evidence or the results of subsequent inspections or test, nullify any
previous payments for reasons stated in subparagraphs 13.7.1 through 13.7.5.
13.7.7 The Contractor has failed to fulfill or is in violation of any of his obligations under any provision of
this Contract.
13.8 Retainage:
At any time the Borough finds that satisfactory progress is not being made it may in addition to the amount
withheld under paragraph 13.7 retain a maximum amount equal to 10 percent of the total amount earned on all
subsequent progress payments. This retainage may be released at such time as the Contracting Officer finds
that satisfactory progress is being made.
13.9 Request for Release of Funds:
If the Contractor believes the basis for withholding is invalid or no longer exists, immediate written notice of
the facts and Contract provisions on which the Contractor relies, shall be given to the Borough, together with
a request for release of funds and adequate documentary evidence proving that the problem has been cured. In
the case of withholding which has occurred at the request of the Alaska Department of Labor and Workforce
Development, the Contractor shall provide a letter from the Alaska Department of Labor and Workforce
Development stating that withholding is no longer requested. Following such a submittal by the Contractor,
the Borough shall have a reasonable time to investigate and verify the facts and seek additional assurances
before determining whether release of withheld payments is justified.
13.10 Substantial Completion:
When the Contractor considers the Work ready for its intended use the Contractor shall notify the Contracting
Officer in writing that the Work or a portion of Work which has been specifically identified in the Contract
Documents is substantially complete (except for items specifically listed by the Contractor as incomplete) and
request that the Borough issue a certificate of Substantial Completion. Within a reasonable time thereafter,
the Contracting Officer, the Contractor and appropriate Consultant(s) shall make an inspection of the Work to
determine the status of completion. If the Contracting Officer does not consider the Work substantially
complete, the Contracting Officer will within 14 days deliver to the Contractor a list of items to be completed
or corrected. At the time of delivery of the certificate of Substantial Completion the Contracting Officer will
deliver to the Contractor a written division of responsibilities pending Final Completion with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties which shall be consistent with
the terms of the Contract Documents.
The Borough shall be responsible for all Borough costs resulting from the initial inspection and the first re-
inspection. The Contractor shall pay all costs incurred by the Borough resulting from any re-inspections,
thereafter.
The Borough shall have the right to take possession of and use any completed or partially completed portions
of the Work, prior to the date specified for the date of Substantial Completion, and such action
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and use shall not be considered an acceptance of that Work. If such use by the Borough causes additional
expense to the Contractor and/or delay in the Work, the Contractor may be entitled to additional compensation
and/or an extension of time. The Borough shall be responsible for routine maintenance or damages caused by
its use of such portions of the Work.
13.11 Access Following Substantial Completion:
The Borough shall have the right to exclude the Contractor from the Work after the date of Substantial
Completion, but the Borough shall allow Contractor reasonable access to complete or correct items on the
tentative list.
13.12 Final Inspection:
Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the
Contracting Officer will make a final inspection with the Contractor and appropriate Consultants and will
notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete
or Defective. The Contractor shall immediately take such measures as are necessary to remedy such
deficiencies. The Contractor shall pay for all costs incurred by the Borough resulting from re-inspections after
final inspection.
13.13 Final Completion and Application for Payment:
After the Contractor has completed all such corrections to the satisfaction of the Contracting Officer and
delivered all training, maintenance and operating instructions, schedules, guarantees, bonds, certificates of
payment to all laborers, Subcontractors and Suppliers, certificates of inspection, marked-up record documents
and other documents all as required by the Contract Documents, and after the Contracting Officer has
indicated in writing that the Work has met the requirements for Final Completion, and subject to the
provisions of paragraph 13.17, the Contractor may make application for final payment following the
procedure for progress payments. The final Application for Payment shall be accompanied by all certificates,
warranties, guarantees, releases, affidavits, and other documentation required by the Contract Documents,
including evidence of completion of Project closeout requirements and evidence that claims have been
resolved.
13.14 Final Payment:
13.14.1 If on the basis of the Contracting Officer's observation of the Work during construction and final
inspection, and the Contracting Officer's review of the final Application for Payment and accompanying
documentation all as required by the Contract Documents; and the Contracting Officer is satisfied that the
Work has been completed and the Contractor's other obligations under the Contract Documents have been
fulfilled, the Borough will process final Application for Payment. Otherwise, the Contracting Officer will
return the Application for Payment to the Contractor, indicating in writing the reasons for refusing to process
final payment, in which case Contractor shall make the necessary corrections and resubmit the final
Application for Payment.
13.14.2 If, through no fault of the Contractor, Final Completion of the Work is significantly delayed, the
Contracting Officer shall, upon receipt of the Contractor's final Application for Payment, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully completed and
accepted. If the remaining balance to be held by the Borough for Work not fully completed or corrected is
less than the retainage provided for in paragraph 13.8, and if bonds have been furnished as required in
paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by the Contractor to the Borough
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with the application for such payment. Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
13.15 Final Acceptance:
Following certification of payment, of payroll and revenue taxes, and final payment to the Contractor, the
Borough will issue a letter of Final Acceptance, releasing the Contractor from further obligations under the
Contract, except as provided in paragraph 13.16.
13.16 Contractor's Continuing Obligation:
The Contractor's obligation to perform and complete the Work and pay all laborers, Subcontractors, and
materialmen in accordance with the Contract Documents shall be absolute. Neither any progress or final
payment by the Borough, nor the issuance of a certificate of Substantial Completion, nor any use or
occupancy of the Work or any part thereof by the Borough or Using Agency, nor any act of acceptance by the
Borough nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor
any correction of Defective Work by the Borough will constitute an acceptance of Work not in accordance
with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance
with the Contract Documents.
13.17 Waiver of Claims by Contractor:
The making and acceptance of final payment will constitute a waiver of all claims by the Contractor against
the Borough other than those previously made in writing and still unsettled.
13.18 No Waiver of Legal Rights:
The Borough shall not be precluded or be estopped by any payment, measurement, estimate, or certificate
made either before or after the completion and acceptance of the Work and payment therefor, from showing
the true amount and character of the Work performed and materials furnished by the Contractor, nor from
showing that any payment, measurement, estimate or certificate and payment in accordance therewith, from
recovering from the Contractor or his Sureties, or both, such damages as it may sustain by reason of his failure
to comply with requirements of the Contract Documents. Neither the acceptance by the Borough, or any
representative of the Borough, nor any payment for or acceptance of the whole or any part of the Work, nor
any extension of the Contract Time, nor any possession taken by the Borough, shall operate as a waiver of any
portion of the Contract or of any power herein reserved, or of any right to damages. A waiver by the Borough
of any breach of the Contract shall not be held to be a waiver of any other subsequent breach.
ARTICLE 14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION
14.1 Borough May Suspend Work:
14.1.1 The Borough may, at any time, suspend the Work or any portion thereof by notice in writing to the
Contractor. If the Work is suspended without cause the Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the
Contractor makes an approved claim therefor as provided in Article 15. However, no adjustment shall be
made under this clause for any suspension, delay, or interruption to the extent that suspension is due to the
fault or negligence of the Contractor, or that suspension is necessary for Contract compliance, or that
performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or
negligence of the Contractor.
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14.1.2 In case of suspension of Work, the Contractor shall be responsible for preventing damage to or loss of
any of the Work already performed and of all materials whether stored on or off the site or approved remote
storage sites.
14.2 Default of Contract:
14.2.1 If the Contractor:
a. Fails to begin the Work under the Contract within the time specified in the Proposal, or
b. Fails to perform the Work in accordance with the Contract Documents (including, but not
limited to, failure to supply sufficient skilled workmen or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 6.6 as revised from
time to time), or
c. Performs the Work unsuitably or neglects or refuses to remove materials or to correct
Defective Work.
d. Discontinues the prosecution of the Work, or
e. Fails to resume Work which has been discontinued within a reasonable time after notice to
do so, or
f. Becomes insolvent, except that if the Contractor declares bankruptcy termination shall be in
accordance with all 11 U.S.C. 362 and/or 11 U.S.C. 365. In the event the Contractor declares
bankruptcy the Contractor agrees that the Contract will be assumed or rejected in a timely
manner so that Contract will be completed by the date specified in the Contract.
g. Allows any final judgment to stand against it unsatisfied for period of 60 days, or
h. Makes an assignment for the benefit of creditors without the consent of the Contracting
Officer, or
i. Disregards Regulatory Requirements of any public body having jurisdiction, or
j. Otherwise violates in any substantial way any provisions of the Contact Documents, or
k. For any cause whatsoever, fails to carry on the Work in an acceptable manner, the
Contracting Officer may give notice in writing to the Contractor and his Surety of such delay,
neglect, or default.
14.2.2 If the Contractor or Surety, within the time specified in the above notice of default, shall not proceed
in accordance therewith, then the Borough may, upon written notification from the Contracting Officer of the
fact of such delay, neglect or default and the Contractor's failure to comply with such notice, have full power
and authority without violating the Contract, to take the prosecution of the Work out of the hands of the
Contractor. The Borough may terminate the services of the Contractor, exclude the Contractor from the site
and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and
machinery at the site and use the same to the full extent they could be used by the Contractor (without liability
to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the
site or for which the Borough has paid the Contractor but which are stored elsewhere, and finish the Work as
the Borough may deem expedient. The Borough may enter into an agreement for the completion of said
Contract according to the terms and provisions thereof, or use such other methods that in the opinion of the
Contracting Officer are required for the completion of said Contract in an acceptable manner.
14.2.3 The Contracting Officer may, by written notice to the Contractor and its Surety or its representative,
transfer the employment of the Work from the Contractor to the Surety, or if the Contractor abandons the
Work undertaken under the Contract, the Contracting Officer may, at his option with written notice to the
Surety and without any written notice to the Contractor, transfer the employment for said Work directly to the
Surety. The Surety shall submit its plan for completion, to the
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Borough for approval prior to beginning completion of the Work. Approval of such contracts shall be in
accordance with all applicable requirements and procedures for approval of subcontracts as stated in the
Contract Documents.
14.2.4 Upon receipt of the notice terminating the services of the Contractor, the Surety shall enter upon the
premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the
Work included under the Contract and employ by contract or otherwise any person or persons to finish the
Work and provide the materials therefor, without termination of the continuing full force and effect of this
Contract. In case of such transfer of employment to the Surety, the Surety shall be paid in its own name on
estimates covering Work subsequently performed under the terms of the Contract and according to the terms
thereof without any right of the Contractor to make any claim for the same or any part thereof.
14.2.5 If the Contract is terminated for default, the Contractor and the Surety shall be jointly and severally
liable for damages for delay as provided by paragraph 11.8, and for the excess cost of completion, and all
costs and expenses incurred by the Borough in completing the Work or arranging for completion of the Work,
including but not limited to costs of assessing the Work to be done, costs associated with advertising,
soliciting or negotiating for bids or proposals for completion, and other reprocurement costs. Following
termination the Contractor shall not be entitled to receive any further balance of the amount to be paid under
the Contract until the Work is fully finished and accepted, at which time if the unpaid balance exceeds the
amount due the Borough and any amounts due to persons for whose benefit the Borough has withheld funds,
such excess shall be paid by the Borough to the Contractor. If the damages, costs, and expenses due the
Borough exceed the unpaid balance, the Contractor and its Surety shall pay the difference.
14.2.6 If after notice of termination of the Contractor's right to proceed under the provisions of this clause, it
is determined for any reason that the Contractor was not in default under the provisions of this clause, or that
the delay was excusable under the provisions of this clause, or that termination was wrongful, the rights and
obligations of the parties shall be determined in accordance with the clause providing for convenience
termination.
14.3 Rights or Remedies:
Where the Contractor's services have been so terminated by the Borough, the termination will not affect any
rights or remedies of the Borough against the Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due the Contractor by the Borough will not release the Contractor from
liability.
14.4 Convenience Termination:
14.4.1 The performance of the Work may be terminated by the Borough in accordance with this section in
whole or in part whenever for any reason the Contracting Officer shall determine that such termination is in
the best interest of the Borough. Any such termination shall be effected by delivery to the Contractor of a
"Notice of Termination," specifying termination is for the convenience of the Borough the extent to which
performance of Work is terminated, and the date upon which such termination becomes effective.
Immediately upon receipt of a "Notice of Termination" and except as otherwise directed by the Contracting
Officer, the Contractor shall:
a. Stop Work on the date and to the extent specified in the "Notice of Termination.;"
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b. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the Work as is not terminated;
c. Terminate all orders and subcontracts to the extent that they relate to the performance of
Work terminated by the "Notice of Termination;"
d. With the written approval of the Contracting Officer, to the extent he may require, settle all
outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, the costs which would be reimbursed, in whole, or in part in accordance with
the provisions of the Contract;
e. Submit to the Contracting Officer a list, certified as to quantity and quality, of any or all
items of termination inventory exclusive of items the disposition of which had been directed
or authorized by the Contracting Officer;
f. Transfer to the Contracting Officer the completed or partially completed record drawings,
Shop Drawings, information, and other property which, if the Contract had been completed,
would be required to be furnished to the Borough; and
g. Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection and preservation of the property related to the Contract which is in the possession
of the Contractor and in which the Borough has or may acquire any interest.
The Contractor shall proceed immediately with the performance of the above obligations.
14.4.2 When the Borough orders termination of the Work effective on a certain date, all Work in place as of
that date will be paid for in accordance with Article 13 of the Contract Materials required for completion and
on hand but not incorporated in the Work will be paid for at invoice cost plus 15 percent with materials
becoming the property of the Borough - or the Contractor may retain title to the materials and be paid an
agreed upon lump sum not defined, on order shall be canceled, and the Borough shall pay reasonable factory
cancellation charges with the option of taking delivery of the materials in lieu of payment of cancellation
charges. The Contractor shall be paid 10 percent of the cost, freight not included, of materials canceled, and
direct expenses only for Contractor chartered freight transport which cannot be canceled without charges, to
the extent that the Contractor can establish them. The extra costs due to cancellation of bonds and insurances
and that part of job start-up and phase-out costs not amortized by the amount of Work accomplished shall be
paid by the Borough. Charges for loss of profit or consequential damages shall not be recoverable except as
provided above.
14.4.3 The termination claim shall be submitted promptly, but in no event later than 90 days from the
effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer
upon request of the Contractor made in writing within the 90 day period. Upon failure of the Contractor to
submit its termination claim within the time allowed, the Contracting Officer may determine, on the basis of
information available to him, the amount, if any, due to the Contractor by reason of the termination and shall
thereupon pay to the Contractor by reason of the termination and shall pay to the Contractor the amount
determined as follows:
a. All costs and expenses reimbursable in accordance with the Contract not previously paid to
the Contractor for the performance of the Work prior to the effective date of the "Notice of
Termination;"
b. So far as not included under "a" above, the cost of settling and paying claims arising out of
the termination of the Work under subcontracts or orders which are properly chargeable to
the terminated portions of the Contract;
c. The reasonable costs of settlement with respect to the terminated portion of the Contract
heretofore, to the extent that these costs have not been covered under the payment provisions
of the Contract.
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14.4.5 The Contractor shall have the right of appeal under the Borough's claim procedures, as defined in
Article 15, for any determinations made by the Contracting Officer, except if the Contractor has failed to
submit his claim within the time provided and has failed to request extension of such time, Contractor shall
have no such right of appeal.
In arriving at the amount due the Contractor under this section, there shall be deducted:
1. All previous payments made to the Contractor for the performance of Work under the
Contract prior to termination;
2. Any claim for which the Borough may have against the Contractor;
3. The agreed price for, or the proceeds of sale of, any materials, supplies, or other things
acquired by the Contractor or sold pursuant to the provisions of this section and not
otherwise recovered by or credited to the Borough; and
4. All progress payments made to the Contractor under the provisions of this section.
14.4.6 Where the Work has been terminated by the Borough said termination shall not affect or terminate
any of the rights of the Borough against the Contractor or his Surety then existing or which may thereafter
accrue because of such default. Any retention or payment of monies by the Borough due to the Contractor
under the terms of the Contract shall not release the Contractor or his Surety from liability.
Unless otherwise provided for in the Contract Documents, or by applicable statute, the Contractor, from the
effective date or termination and for a period of three years after final settlement under this Contract, shall
preserve and make available to the Borough at all reasonable times at the office of the Contractor, all its
books, records, documents, and other evidence bearing on the cost and expenses of the Contractor under his
Contract and relating to the Work terminated hereunder.
ARTICLE 15 - CLAIMS AND DISPUTES
15.1 Notification:
In addition to the notice requirements set out elsewhere in this Contract, if the Contractor becomes aware of
any act or occurrence which may form the basis of a claim by the Contractor for additional compensation or
an extension of time for performance, or if any dispute arises regarding a question of fact or interpretation of
the Contract, the Contractor shall immediately inform the Project Manager and Contracting Officer. If the
matter cannot be resolved by agreement within seven days, the Contractor shall, within the next 14 days,
submit an "Intent to Claim" in writing to the Project Manager and Contracting Officer. The claim, if not
resolved, shall be presented to the Contracting Officer, in writing, within 60 days following receipt of the
"Intent to Claim." Receipt of the claim will be acknowledged in writing by the Contracting Officer. The
Contractor agrees that unless these written notices are provided, the Contractor will have no entitlement to
additional time or compensation for such act, event or condition. The Contractor shall in any case continue
diligent performance of the Contract.
15.2 Presenting Claim:
The claim shall specifically include the following:
15.2.1 The act, event or condition giving rise to the claim.
15.2.2 The Contract provisions which apply to the claim and under which relief is provided.
15.2.3 The item or items of Contract Work affected and how they are affected.
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15.2.4 The specific relief requested, including contract time if applicable, and the basis upon which it was
calculated.
15.3 Claim Validity, Additional Information, and Contracting Officer's Actions:
The claim, in order to be valid, must not only show that the Contractor suffered damages or delay but that
those conditions were actually a result of the act, event or condition complained of and that the Contract
provides entitlement to relief to the Contractor for such act, event, or condition. The Contracting Officer
reserves the right to make written request to the Contractor at any time for additional information which the
Contractor may possess relative to the claim. The Contractor agrees to provide the Contracting Officer such
additional information within 30 days of receipt of such a request. Failure to furnish such additional
information may be regarded as a waiver of the claim. The claim, if not resolved by agreement within 90 days
of its receipt, Contractor may submit a "Notice of Appeal" pursuant to Section 15.4.
15.4 Notice of Appeal:
Within 30 days of receipt of the decision the Contractor may deliver a "Notice of Appeal" to the Borough
Manager. The notice shall include specific exceptions to the Contracting Officer's decision, including specific
provisions of the Contract, which the Contractor intends to rely upon in the appeal General assertions that the
Contracting Officer's decision is contrary to law or to fact are not sufficient.
15.5 Borough Manager's Decision:
The decision of the Borough Manager will be rendered within 120 days of "Notice of Appeal." This decision
constitutes the exhaustion of contractual and administrative remedies. The time limits given above may only
be extended by mutual consent. The decision of the Borough Manager shall be final and conclusive unless the
Contractor commences action in the Alaska court system, Third Judicial District in Anchorage, Alaska, within
120 days from receipt thereof.
END OF SECTION 00710
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SECTION 00800
SUPPLEMENTARY CONDITIONS
INTENT
1.1 These Supplementary Conditions amend and supplement the General Conditions defined in
Document 00710 and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.
1.2 The terms used in these Supplementary Conditions which are defined in the General Conditions
have the meanings assigned to them in the General Conditions.
2.1 ARTICLE 1 – DEFINITIONS
A. Add “/Engineer” after Architect and modify the definition as follows: “The person or firm
retained by the Borough to provide architectural, engineering, and related services.”
2.2 ARTICLE 5 – BONDS, INSURANCE AND INDEMNIFICATION
A. Add the following subparagraph:
1. 5.2.1: The bond value requirements are as follows:
a. Provide a 100 percent Performance Bond.
b. Provide a 100 percent Payment Bond.
c. Deliver bonds within 3 days after execution of the Contract.
2.3 ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
A. Amend Section 6.1:
Add the following subparagraph:
1. 6.1.1: The Contractor shall provide a copy of construction progress reports to the Owner on a
daily basis.
C. Add Section 6.17.4:
1. When use or storage of explosives, or other hazardous materials, substances or equipment, or
unusual methods are necessary for execution of the Work, the Contractor shall give the Owner
reasonable advance notice.
D. Add Section 6.20.1:
1. The Owner’s review of Contractor's submittals will be limited to examination of an initial
submittal and one (1) resubmittal. The Owner shall be entitled to deduct from the Contract Sum
the cost for Owner’s review of additional submittals.
2.4 ARTICLE 7 - LAWS AND REGULATIONS:
A. Paragraph 7.12.1:
1. The Alaska Products Preference will not be applied to this project.
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B. Add the following subparagraphs to Section 7.14.2:
1. 7.14.2.e: The Contractor shall pay prevailing laborers' and mechanics' rates of pay and other
requirements as defined in the State of Alaska Statutes Title 36. Public Contracts AS 36.05 and
AS36.10.
f: All Contractors and Subcontractors will abide by the latest determination of the
minimum wage rates as scheduled and published for this region by U.S. Department of Labor and
the Alaska Department of Labor and will abide by all amendments, decisions and related
regulations of these agencies. In the case of conflict between the two agencies with respect to
hourly wage rates for any labor category, the higher published rate shall prevail. In accordance
with provisions of AS 36.05.070 these minimum rates of pay shall be prominently posted at job
site by Contractor.
g. All Contractors and Subcontractors will abide by all applicable labor-standards
provisions of the U.S. Department of Labor and the Alaska Department of Labor and other
Federal and State agencies having jurisdiction over this project with respect to requirements
concerning maximum hours of work, minimum rates of pay, overtime compensation, categories
and classifications of employees, methods and timeliness (not less than once a week) of payment
of ways, the preparation and preservation of weekly payroll records, and all other pertinent
requirements.
h. The Contractor shall comply with all applicable requirements of Title 36, Chapter 10 of
the Alaska Statutes that have not been found unconstitutional by a court of competent jurisdiction.
i. Contractor shall comply with all applicable reporting requirements of the Alaska
Department of Licensing and Department of Labor.
C. Add the Section 7.19 Equal Employment Opportunity:
1. The Contractor will not discriminate against any employee, or any applicant for employment,
for unlawful reasons.
2. The Contractor will make all necessary efforts to ensure, with respect to both his organization and
his subcontractors, that the non-discrimination provisions of Paragraph SC2a shall be included in,
but not limited to, the following actions: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of
compensation; and selection for training, including apprenticeship.
3. The Contractor shall furnish all information and reports which may be or become required by
Federal or State agencies and will permit access to his books, records, and accounts by such
agencies for purposes of investigation to ascertain compliance with applicable rules, regulations
and orders.
2.5 ARTICLE 10 – CONTRACT PRICE: COMPUTATION AND CHANGE
A. Delete Section 10.6.2 and replace with the following:
When the value of change order work is determined by the lump sum method or by the time and
materials method, the following definitions and percentages shall apply. Direct costs are defined
as the net cost to Contractor to accomplish a given change. Costs of bonds and insurance
associated with the change shall be applied after addition of indirect costs. Indirect costs are
defined as general operational charges related to the accomplishment of a given change, including
but not limited to small tools, incidental job burdens and general office expense.
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B. Overhead and Profit Allowances for all indirect costs shall be identified as combined overhead
and profit and shall not exceed the percentages in the following schedule:
C. Additive work:
1. Prime Contractor:
a. 15% of the direct costs of own work.
b. 8% of the direct costs of work performed by subcontractors not including
subcontractor’s overhead and profit.
c. 8% of the direct costs of equipment that requires furnishing and delivery only.
2. Subcontractor:
a. 15% of the direct costs of own work.
b. 8% of the direct costs of work performed by subcontractors not including
subcontractor’s overhead and profit.
c. 8% of the direct costs of equipment that requires furnishing and delivery only.
D. Deductive work:
1. Prime Contractor: 4% of the direct cost of own deleted work.
E. No fee shall be payable on the basis of costs itemized under paragraph 10.5.
F. When both additions and credits are involved in any one change, the adjustment in Contractor’s fee
shall be computed on the basis of the net change in accordance with paragraphs C through D,
inclusive.
G. Cost Breakdowns: for each response to Request for Proposal contractor shall provide the following
information for Prime Contractor and all subcontractors:
a. Number of man hours and cost per hour.
b. Number of equipment hours and cost per hour.
c. Materials quantity and unit prices.
2.6 ARTICLE 11 – CONTRACT TIME: COMPUTATION AND CHANGE
A. Amend the following subparagraphs:
1. 11.1: Contract Time is identified in 00100 - Invitation to Bid.
2. 11.8: This project affects access to an important public facility. Thus, any extension of the
completion date will have far reaching consequences. For this reason, the Owner and
Contractor will and do agree by contract to measure damages for delayed construction by a
liquidated fixed sum calculated a set forth below.
If the Contractor fails to complete the work within the time specified in the contract, or any
extension, the Owner shall collect from the Contractor, liquidated damages in the sum of
$500 per day until substantial completion is attained.
If the Owner terminated the Contractor’s right to proceed, the resulting damage will consist
of liquidated damages until such reasonable time as may be required for final completion of
the work, together with any increased costs occasioned the Owner in completing the work.
ADDITIONAL ARTICLE 1 - DEFINITIONS
A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the
Work, but does not include machinery and equipment used for preparation, fabrication,
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conveying and erection of the Work. Products may also include existing materials or components
required for reuse.
B. Furnish or Supply: To supply and deliver, unload, inspect for damage.
C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use.
D. Provide: To furnish or supply, plus install.
E. Project Manual: The Project Manual is the volume usually assembled for the Work which includes
the Bid Documents, Contract Documents, and Specifications.
END OF SECTION 00800
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SECTION 00900
DOCUMENTS REQUIRED AT CLOSEOUT
1. The following forms must be fully executed and submitted to the Owner prior to final approval
and final payment:
a. Notice of Completion of Public Works
b. Kodiak Island Borough Release from Contract
c. Alaska Department of Revenue, Tax Clearance Request Form
d. Alaska Department of Labor and Workforce Development Tax Clearance Request Form
e. AIA G706A Release of Liens
f. AIA G704 Substantial Completion Certificate
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END OF SECTION 00900
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KODIAK FISHERIES RESEARCH CENTER SUMMARY
CONTAMINATED SEAWATER 01100 - 1
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SECTION 01100
SUMMARY
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Project information.
2. Work covered by Contract Documents.
3. Contractor's use of site and premises.
4. Coordination with occupants.
5. Work restrictions.
1.3 PROJECT INFORMATION
A. Project Identification: Kodiak Fisheries Research Center Contaminated Seawater Disinfection
System Upgrade
1. Project Location: 301 Research Ct, Kodiak, AK 99615
B. Owner: Kodiak Island Borough
1. Owner's Representative: Dave Conrad
C. Engineer: CRW Engineering Group
1.4 WORK COVERED BY CONTRACT DOCUMENTS
A. The Work of Project is defined by the Contract Documents and includes, but is not limited to, the
following:
1. Replacement of the existing ozone generation system and contactors with UV disinfection
system including ancillary power, controls, piping, and valves and and other Work
indicated in the Contract Documents.
B. Type of Contract:
1. Project will be constructed under a single prime contract.
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1.5 CONTRACTOR'S USE OF SITE AND PREMISES
A. Restricted Use of Site: Contractor shall have limited use of Project site for construction operations
as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.
B. Limits on Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions
of Project site beyond areas in which the Work is indicated.
1. Driveways, Walkways and Entrances: Keep driveways loading areas, and entrances serving
premises clear and available to Owner, Owner's employees, and emergency vehicles at all
times. Do not use these areas for parking or for storage of materials.
a. Schedule deliveries to minimize use of driveways and entrances by construction
operations.
b. Schedule deliveries to minimize space and time requirements for storage of
materials and equipment on-site.
C. Condition of Existing Building: Maintain portions of existing building affected by construction
operations in a weathertight condition throughout construction period. Repair damage caused by
construction operations.
D. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and
hardscaping affected by construction operations throughout construction period. Repair damage
caused by construction operations.
1.6 COORDINATION WITH OCCUPANTS
A. Full Owner Occupancy: Owner will occupy Project site and existing building(s) during entire
construction period. Cooperate with Owner during construction operations to minimize conflicts
and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day
operations. Maintain existing exits unless otherwise indicated.
1. The contaminated seawater treatment system must remain online for the duration of the
project. Temporary shut-downs can be coordinated with the Owner. Additionally individual
filter vessels and piping systems can be isolated with Owner coordination. Do not open or
close valves, or start or stop pumps without Owner’s permission.
2. Notify Owner not less than 72 hours in advance of activities that will affect Owner's
operations.
1.7 WORK RESTRICTIONS
A. Comply with restrictions on construction operations.
B. On-Site Work Hours: Limit work to between 6:00 am to 6:00 pm, unless otherwise indicated.
Work hours may be modified to meet Project requirements if approved by Owner and authorities
having jurisdiction.
1. Weekend Hours: Coordinate with Owner’s representative.
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C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or
others unless permitted.
D. Noise, Vibration, Dust, and Odors: Coordinate operations that may result in high levels of noise
and vibration, dust, odors, or other disruption to Owner occupancy with Owner.
END OF SECTION 01100
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SECTION 01250
CONTRACT MODIFICATION PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for handling and processing
Contract modifications.
B. Related Sections include the following:
1. Division 1 Section "Product Requirements" for administrative procedures for handling
requests for substitutions made after Contract award.
1.3 MINOR CHANGES IN THE WORK
A. Owner will issue through Project Manager supplemental instructions authorizing Minor Changes
in the Work, not involving adjustment to the Contract Sum or the Contract Time.
1.4 PROPOSAL REQUESTS
A. Owner-Initiated Proposal Requests: Owner will issue a detailed description of proposed changes
in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary,
the description will include supplemental or revised Drawings and Specifications.
1. Proposal Requests issued by Owner are for information only. Do not consider them
instructions either to stop work in progress or to execute the proposed change.
2. Within time specified in Proposal Request after receipt of Proposal Request, submit a
quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary
to execute the change.
a. Include a list of quantities of products required or eliminated and unit costs, with
total amount of purchases and credits to be made. If requested, furnish survey data
to substantiate quantities.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
c. Include costs of labor and supervision directly attributable to the change.
d. Include an updated Contractor's Construction Schedule that indicates the effect of
the change, including, but not limited to, changes in activity duration, start and
finish times, and activity relationship. Use available total float before requesting an
extension of the Contract Time.
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B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the
Contract, Contractor may propose changes by submitting a request for a change to Owner.
1. Include a statement outlining reasons for the change and the effect of the change on the
Work. Provide a complete description of the proposed change. Indicate the effect of the
proposed change on the Contract Sum and the Contract Time.
2. Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
4. Include costs of labor and supervision directly attributable to the change.
5. Include an updated Contractor's Construction Schedule that indicates the effect of the
change, including, but not limited to, changes in activity duration, start and finish times,
and activity relationship. Use available total float before requesting an extension of the
Contract Time.
6. Comply with requirements in Division 1 Section "Product Requirements" if the proposed
change requires substitution of one product or system for product or system specified.
C. Proposal Request Form: Use AIA Document G709 or similar for Proposal Requests.
1.5 CHANGE ORDER PROCEDURES
A. On Owner's approval of a Proposal Request, Owner will issue a Change Order for signatures of
Owner and Contractor.
PART 2 – PRODUCTS (Not Used)
PART 3 – EXECUTION (Not Used)
END OF SECTION 01250
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KODIAK FISHERIES RESEARCH CENTER PAYMENT PROCEDURES
CONTAMINATED SEAWATER 01290 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 01290
PAYMENT PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements necessary to prepare and
process Applications for Payment.
B. Related Sections include the following:
1. Division 1 Section "Contract Modification Procedures" for administrative procedures for
handling changes to the Contract.
1.3 DEFINITIONS
A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum
to various portions of the Work and used as the basis for reviewing Contractor's Applications for
Payment.
1.4 SCHEDULE OF VALUES
A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's
Construction Schedule.
1. Correlate line items in the Schedule of Values with other required administrative forms and
schedules, including the following:
a. Application for Payment forms with Continuation Sheets.
b. Submittals Schedule.
c. Contractor's Construction Schedule.
2. Submit the Schedule of Values to Engineer at earliest possible date but no later than seven
days before the date scheduled for submittal of initial Applications for Payment.
3. Subschedules: Where the Work is separated into phases requiring separately phased
payments, provide subschedules showing values correlated with each phase of payment.
Show all values for roof replacement and floor finish replacement separately from other
pay items for both basic bid and alternate bid areas.
B. Format and Content: Use the Project Manual table of contents as a guide to establish line items
for the Schedule of Values. Provide at least one line item for each Specification Section.
1. Identification: Include the following Project identification on the Schedule of Values:
a. Project name and location.
b. Name of Architect.
c. Architect's project number.
d. Contractor's name and address.
e. Date of submittal.
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2. Arrange the Schedule of Values in tabular form with separate columns to indicate the
following for each item listed:
a. Related Specification Section or Division.
b. Description of the Work.
c. Name of subcontractor.
d. Name of manufacturer or fabricator.
e. Name of supplier.
f. Change Orders (numbers) that affect value.
g. Dollar value.
1) Percentage of the Contract Sum to nearest one-hundredth percent, adjusted
to total 100 percent.
3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued
evaluation of Applications for Payment and progress reports. Coordinate with the Project
Manual table of contents. Provide several line items for principal subcontract amounts,
where appropriate.
4. Round amounts to nearest whole dollar; total shall equal the Contract Sum
5. Provide a separate line item in the Schedule of Values for each part of the Work where
Applications for Payment may include materials or equipment purchased or fabricated and
stored, but not yet installed.
a. Differentiate between items stored on-site and items stored off-site. If specified,
include evidence of insurance or bonded warehousing.
6. Provide separate line items in the Schedule of Values for initial cost of materials, for each
subsequent stage of completion, and for total installed value of that part of the Work.
7. Each item in the Schedule of Values and Applications for Payment shall be complete.
Include total cost and proportionate share of general overhead and profit for each item.
a. Temporary facilities and other major cost items that are not direct cost of actual
work-in-place may be shown either as separate line items in the Schedule of Values
or distributed as general overhead expense, at Contractor's option.
1.5 Schedule Updating: Update and resubmit the Schedule of Values before the next Applications
for Payment when Change Orders or Construction Change Directives result in a change in the
Contract Sum.
1.6 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and payments as
certified by Architect and paid for by Owner.
1. Initial Application for Payment, Application for Payment at time of Substantial
Completion, and final Application for Payment involve additional requirements.
B. Payment Application Times: The date for each progress payment is indicated in the Agreement
between Owner and Contractor. The period of construction Work covered by each Application
for Payment is the period indicated in the Agreement.
C. Payment Application Times: Progress payments shall be submitted to Architect by the fifth day
of the month. The period covered by each Application for Payment is one month, ending on the
last day of the month.
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D. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation
Sheets as form for Applications for Payment.
E. Application Preparation: Complete every entry on form. Notarize and execute by a person
authorized to sign legal documents on behalf of Contractor. Architect will return incomplete
applications without action.
1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule.
Use updated schedules if revisions were made.
2. Include amounts of Change Orders and Construction Change Directives issued before last
day of construction period covered by application.
F. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to
Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien
and similar attachments if required.
1. Transmit each copy with a transmittal form listing attachments and recording appropriate
information about application.
G. Initial Application for Payment: Administrative actions and submittals that must precede or
coincide with submittal of first Application for Payment include the following:
1. List of subcontractors.
2. Schedule of Values.
3. Contractor's Construction Schedule (preliminary if not final).
4. Products list.
5. Schedule of unit prices.
6. Submittals Schedule (preliminary if not final).
7. List of Contractor's staff assignments.
8. Copies of building permits.
9. Copies of authorizations and licenses from authorities having jurisdiction for performance
of the Work.
10. Initial progress report.
11. Report of preconstruction conference.
12. Certificates of insurance and insurance policies.
13. Performance and payment bonds.
14. Data needed to acquire Owner's insurance.
15. Initial settlement survey and damage report if required.
H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial
Completion, submit an Application for Payment showing 100 percent completion for portion of
the Work claimed as substantially complete.
1. Include documentation supporting claim that the Work is substantially complete and a
statement showing an accounting of changes to the Contract Sum.
2. This application shall reflect Certificates of Partial Substantial Completion issued
previously for Owner occupancy of designated portions of the Work.
I. Final Payment Application: Submit final Application for Payment with releases and supporting
documentation not previously submitted and accepted, including, but not limited, to the
following:
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1. Evidence of completion of Project closeout requirements.
2. Insurance certificates for products and completed operations where required and proof that
taxes, fees, and similar obligations were paid.
3. Updated final statement, accounting for final changes to the Contract Sum.
4. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims."
5. AIA Document G706A, "Contractor's Affidavit of Release of Liens."
6. AIA Document G707, "Consent of Surety to Final Payment."
7. Evidence that claims have been settled.
8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of
date of Substantial Completion or when Owner took possession of and assumed
responsibility for corresponding elements of the Work.
9. Final, liquidated damages settlement statement.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01290
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KODIAK FISHERIES RESEARCH CENTER PROJECT MANAGEMENT AND COORDINATION
CONTAMINATED SEAWATER 01310 - 1
DISINFECTION SYSTEM UPGRADE
SECTION 01310
PROJECT MANAGEMENT AND COORDINATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative provisions for coordinating construction operations on
Project including, but not limited to, the following:
1. Coordination Drawings.
2. Administrative and supervisory personnel.
3. Project meetings.
4. Requests for Interpretation (RFIs).
B. Each contractor shall participate in coordination requirements. Certain areas of responsibility will
be assigned to a specific contractor.
C. Related Sections include the following:
1. Division 1 Section "Construction Progress Documentation" for preparing and submitting
Contractor's Construction Schedule.
2. Division 1 Section "Execution Requirements" for procedures for coordinating general
installation and field-engineering services, including establishment of benchmarks and
control points.
3. Division 1 Section "Closeout Procedures" for coordinating closeout of the Contract.
1.3 DEFINITIONS
A. RFI: Request from Contractor seeking interpretation or clarification of the Contract Documents.
1.4 COORDINATION
A. Coordination: Coordinate construction operations included in different Sections of the
Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate
construction operations, included in different Sections, that depend on each other for proper
installation, connection, and operation.
1. Schedule construction operations in sequence required to obtain the best results where
installation of one part of the Work depends on installation of other components, before or
after its own installation.
2. Coordinate installation of different components with other contractors to ensure maximum
accessibility for required maintenance, service, and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.
4. Where availability of space is limited, coordinate installation of different components to
ensure maximum performance and accessibility for required maintenance, service, and
repair of all components, including mechanical and electrical.
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B. Prepare memoranda for distribution to each party involved, outlining special procedures required
for coordination. Include such items as required notices, reports, and list of attendees at meetings.
C. Administrative Procedures: Coordinate scheduling and timing of required administrative
procedures with other construction activities and activities of other contractors to avoid conflicts
and to ensure orderly progress of the Work. Such administrative activities include, but are not
limited to, the following:
1. Preparation of Contractor's Construction Schedule.
2. Preparation of the Schedule of Values.
3. Installation and removal of temporary facilities and controls.
4. Delivery and processing of submittals.
5. Progress meetings.
6. Project closeout activities.
7. Startup and adjustment of systems.
1.5 SUBMITTALS
A. Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates
maximum utilization of space for efficient installation of different components or if coordination
is required for installation of products and materials fabricated by separate entities.
1. Content: Project-specific information, drawn accurately to scale. Do not base Coordination
Drawings on reproductions of the Contract Documents or standard printed data. Include
the following information, as applicable:
a. Indicate functional and spatial relationships of components of
architectural, structural, civil, mechanical, and electrical systems.
b. Indicate required installation sequences.
c. Indicate dimensions shown on the Contract Drawings and make
specific note of dimensions that appear to be in conflict with
submitted equipment and minimum clearance requirements.
Provide alternate sketches to Architect for resolution of such
conflicts. Minor dimension changes and difficult installations will
not be considered changes to the Contract.
2. Sheet Size: At least 8-1/2 by 11 inches but no larger than 30 by 40 inches.
3. Number of Copies: Submit two Insert number opaque copies of each submittal.
Architect will return.
B. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key
personnel assignments, including superintendent and other personnel in attendance at Project site.
Identify individuals and their duties and responsibilities; list addresses and telephone numbers,
including home and office telephone numbers. Provide names, addresses, and telephone numbers
of individuals assigned as standbys in the absence of individuals assigned to Project.
1. Post copies of list in Project meeting room, in temporary field office, and by each
temporary telephone. Keep list current at all times.
1.6 PROJECT MEETINGS
A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise
indicated.
1. Attendees: Inform participants and others involved, and individuals whose presence is
required, of date and time of each meeting. Notify Owner and Architect of scheduled
meeting dates and times.
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2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.
3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting
minutes to everyone concerned, including Owner and Architect, within three days of the
meeting.
B. Preconstruction Conference: Schedule a preconstruction conference before starting construction,
at a time convenient to Owner, Construction Manager, and Architect, but no later than 15 days
after execution of the Agreement. Hold the conference at Project site or another convenient
location. Conduct the meeting to review responsibilities and personnel assignments.
1. Attendees: Authorized representatives of Owner, Construction Manager, Architect, and
their consultants; Contractor and its superintendent; major subcontractors; suppliers; and
other concerned parties shall attend the conference. All participants at the conference shall
be familiar with Project and authorized to conclude matters relating to the Work.
2. Agenda: Discuss items of significance that could affect progress, including the following:
a. Tentative construction schedule.
b. Critical work sequencing and long-lead items.
c. Designation of key personnel and their duties.
d. Procedures for processing field decisions and Change Orders.
e. Procedures for RFIs.
f. Procedures for testing and inspecting.
g. Procedures for processing Applications for Payment.
h. Submittal procedures.
i. Use of the premises and existing building.
j. Work restrictions.
k. Owner's occupancy requirements.
l. Responsibility for temporary facilities and controls.
m. Construction waste management and recycling.
n. Parking availability.
o. Office, work, and storage areas.
p. Equipment deliveries and priorities.
q. First aid.
r. Security.
s. Progress cleaning.
t. Working hours.
C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each
construction activity that requires coordination with other construction.
1. Attendees: Installer and representatives of manufacturers and fabricators involved in or
affected by the installation and its coordination or integration with other materials and
installations that have preceded or will follow, shall attend the meeting. Advise Architect
and Construction Manager of scheduled meeting dates.
2. Agenda: Review progress of other construction activities and preparations for the particular
activity under consideration, including requirements for the following:
a. The Contract Documents.
b. Options.
c. Related RFIs.
d. Related Change Orders.
e. Purchases.
f. Deliveries.
g. Submittals.
h. Possible conflicts.
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i. Compatibility problems.
j. Time schedules.
k. Weather limitations.
l. Manufacturer's written recommendations.
m. Warranty requirements.
n. Compatibility of materials.
o. Acceptability of substrates.
p. Temporary facilities and controls.
q. Space and access limitations.
r. Regulations of authorities having jurisdiction.
s. Testing and inspecting requirements.
t. Installation procedures.
u. Coordination with other work.
v. Required performance results.
w. Protection of adjacent work.
x. Protection of construction and personnel.
3. Record significant conference discussions, agreements, and disagreements, including
required corrective measures and actions.
4. Reporting: Distribute minutes of the meeting to each party present and to parties who
should have been present.
5. Do not proceed with installation if the conference cannot be successfully concluded.
Initiate whatever actions are necessary to resolve impediments to performance of the Work
and reconvene the conference at earliest feasible date.
D. Progress Meetings: Conduct progress meetings at bi-weekly intervals.
Coordinate dates of meetings with preparation of payment requests.
1. Attendees: In addition to Construction Manager, each contractor, subcontractor, supplier,
and other entity concerned with current progress or involved in planning, coordination, or
performance of future activities shall be represented at these meetings. Architect will attend
as needed. All participants at the conference shall be familiar with Project and authorized
to conclude matters relating to the Work.
2. Agenda: Review and correct or approve minutes of previous progress meeting. Review
other items of significance that could affect progress. Include topics for discussion as
appropriate to status of Project.
a. Contractor's Construction Schedule: Review progress since the last
meeting. Determine whether each activity is on time, ahead of
schedule, or behind schedule, in relation to Contractor's
Construction Schedule. Determine how construction behind
schedule will be expedited; secure commitments from parties
involved to do so. Discuss whether schedule revisions are required
to ensure that current and subsequent activities will be completed
within the Contract Time.
1) Review schedule for next period.
b. Review present and future needs of each entity present, including the
following:
1) Status of submittals.
2) Field observations.
3) RFIs.
4) Status of proposal requests.
5) Status of Change Orders.
6) Pending claims and disputes.
7) Documentation of information for payment requests.
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3. Minutes: Construction Manager will record and distribute to Contractor the meeting
minutes.
4. Reporting: Distribute minutes of the meeting to each party present and to parties who
should have been present.
a. Schedule Updating: Revise Contractor's Construction Schedule
after each progress meeting where revisions to the schedule have
been made or recognized. Issue revised schedule concurrently with
the report of each meeting.
1.7 REQUESTS FOR INTERPRETATION (RFIs)
A. Procedure: Immediately on discovery of the need for interpretation of the Contract Documents,
and if not possible to request interpretation at Project meeting, prepare and submit an RFI in the
form specified.
1. RFIs shall originate with Contractor. RFIs submitted by entities other than Contractor will
be returned with no response.
2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work
or work of subcontractors.
B. Content of the RFI: Include a detailed, legible description of item needing interpretation and the
following:
1. Project name.
2. Date.
3. Name of Contractor.
4. Name of Architect.
5. RFI number, numbered sequentially.
6. Specification Section number and title and related paragraphs, as appropriate.
7. Drawing number and detail references, as appropriate.
8. Field dimensions and conditions, as appropriate.
9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time or
the Contract Sum, Contractor shall state impact in the RFI.
10. Contractor's signature.
11. Attachments: Include drawings, descriptions, measurements, photos, Product Data, Shop
Drawings, and other information necessary to fully describe items needing interpretation.
a. Supplementary drawings prepared by Contractor shall include
dimensions, thicknesses, structural grid references, and details of
affected materials, assemblies, and attachments.
C. Hard-Copy RFIs: CSI Form 13.2A.
1. Identify each page of attachments with the RFI number and sequential page number.
D. Software-Generated RFIs: Software-generated form with substantially the same content as
indicated above.
1. Attachments shall be electronic files in Adobe Acrobat PDF format.
E. Architect's Action: Architect will review each RFI, determine action required, and return it. Allow
seven working days for Architect's response for each RFI. RFIs received after 1:00 p.m. will be
considered as received the following working day.
1. The following RFIs will be returned without action:
a. Requests for approval of submittals.
b. Requests for approval of substitutions.
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c. Requests for coordination information already indicated in the
Contract Documents.
d. Requests for adjustments in the Contract Time or the Contract Sum.
e. Requests for interpretation of Architect's actions on submittals.
f. Incomplete RFIs or RFIs with numerous errors.
2. Architect's action may include a request for additional information, in which case
Architect's time for response will start again.
3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract
Sum may be eligible for Contractor to submit Change Proposal according to Division 1
Section "Contract Modification Procedures."
a. If Contractor believes the RFI response warrants change in the
Contract Time or the Contract Sum, notify Architect and
Construction Manager in writing within 10 days of receipt of the
RFI response.
F. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response
to affected parties. Review response and notify Architect within seven days if Contractor
disagrees with response.
G. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number.
Submit log bi-weekly. Software log with not less than the following:
1. Project name.
2. Name and address of Contractor.
3. Name and address of Architect.
4. RFI number including RFIs that were dropped and not submitted.
5. RFI description.
6. Date the RFI was submitted.
7. Date Architect's response was received.
8. Identification of related Minor Change in the Work, Construction Change Directive, and
Proposal Request, as appropriate.
9. Identification of related Field Order, Work Change Directive, and Proposal Request, as
appropriate.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01310
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SECTION 01330
SUBMITTAL PROCEDURES
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes requirements for the submittal schedule and administrative and procedural
requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.
B. Related Requirements:
1. Section 01290 "Payment Procedures" for submitting Applications for Payment and
the schedule of values.
2. Section 017823 "Operation and Maintenance Data" for submitting operation
and maintenance manuals.
1.3 DEFINITIONS
A. Action Submittals: Written and graphic information and physical samples that require
Architect's responsive action. Action submittals are those submittals indicated in individual
Specification Sections as "action submittals."
B. Informational Submittals: Written and graphic information and physical samples that do not
require Architect's responsive action. Submittals may be rejected for not complying with
requirements. Informational submittals are those submittals indicated in individual Specification
Sections as "informational submittals."
C. File Transfer Protocol (FTP): Communications protocol that enables transfer of files to and
from another computer over a network and that serves as the basis for standard Internet
protocols. An FTP site is a portion of a network located outside of network firewalls within
which internal and external users are able to access files.
D. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems
used for representing documents in a device-independent and display resolution-independent
fixed-layout document format.
1.4 ACTION SUBMITTALS
A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates
required by construction schedule. Include time required for review, ordering, manufacturing,
fabrication, and delivery when establishing dates. Include additional time required for making
corrections or revisions to submittals noted by Architect and additional time for handling and
reviewing submittals required by those corrections.
1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and
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Contractor's construction schedule.
2. Initial Submittal: Submit concurrently with startup construction schedule. Include
submittals required during the first 60 days of construction. List those submittals
required to maintain orderly progress of the Work and those required early because
of long lead time for manufacture or fabrication.
3. Final Submittal: Submit concurrently with the first complete submittal of
Contractor's construction schedule.
a. Submit revised submittal schedule to reflect changes in current status and
timing for submittals.
4. Format: Arrange the following information in a tabular format:
a. Scheduled date for first submittal.
b. Specification Section number and title.
c. Submittal category: Action; informational.
d. Name of subcontractor.
e. Description of the Work covered.
f. Scheduled date for Architect's final release or approval.
g. Scheduled date of fabrication.
h. Scheduled dates for purchasing.
i. Scheduled dates for installation.
j. Activity or event number.
1.5 SUBMITTAL ADMINISTRATIVE REQUIREMENTS
A. Architect's Digital Data Files: Electronic digital data files of the Contract Drawings will be
provided by Architect for Contractor's use in preparing submittals.
1. Architect will furnish Contractor one set of digital data drawing files of the
Contract Drawings for use in preparing Shop Drawings and Project record drawings.
a. Architect makes no representations as to the accuracy or completeness of
digital data drawing files as they relate to the Contract Drawings.
B. Coordination: Coordinate preparation and processing of submittals with performance of
construction activities.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals, and related activities that require sequential activity.
2. Submit all submittal items required for each Specification Section concurrently
unless partial submittals for portions of the Work are indicated on approved submittal
schedule.
3. Submit action submittals and informational submittals required by the same
Specification Section as separate packages under separate transmittals.
4. Coordinate transmittal of different types of submittals for related parts of the Work
so processing will not be delayed because of need to review submittals
concurrently for coordination.
a. Architect reserves the right to withhold action on a submittal
requiring coordination with other submittals until related submittals are received.
C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows.
Time for review shall commence on Architect's receipt of submittal. No extension of the
Contract Time will be authorized because of failure to transmit submittals enough in advance of
the Work to permit processing, including resubmittals.
1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional
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time if coordination with subsequent submittals is required. Architect will advise
Contractor when a submittal being processed must be delayed for coordination.
2. Intermediate Review: If intermediate submittal is necessary, process it in same manner
as initial submittal.
3. Resubmittal Review: Allow 15 days for review of each resubmittal.
4. Sequential Review: Where sequential review of submittals by Architect's
consultants, Owner, or other parties is indicated, allow 21 days for initial review of each
submittal.
5. Concurrent Consultant Review: Where the Contract Documents indicate that
submittals may be transmitted simultaneously to Architect and to Architect's
consultants, allow 15 days for review of each submittal. Submittal will be returned
to Architect before being returned to Contractor.
D. Electronic Submittals: Identify and incorporate information in each electronic submittal file as
follows:
1. Assemble complete submittal package into a single indexed file incorporating
submittal requirements of a single Specification Section and transmittal form with
links enabling navigation to each item.
2. Name file with submittal number or other unique identifier, including revision identifier.
a. File name shall use project identifier and Specification Section number
followed by a decimal point and then a sequential number (e.g., LNHS-
061000.01). Resubmittals shall include an alphabetic suffix after another
decimal point (e.g., LNHS-061000.01.A).
3. Provide means for insertion to permanently record Contractor's review and approval
markings and action taken by Architect.
4. Transmittal Form for Electronic Submittals: Use electronic form acceptable to
Owner, containing the following information:
a. Project name.
b. Date.
c. Name and address of Architect.
d. Name of Construction Manager.
e. Name of Contractor.
f. Name of firm or entity that prepared submittal.
g. Names of subcontractor, manufacturer, and supplier.
h. Category and type of submittal.
i. Submittal purpose and description.
j. Specification Section number and title.
k. Specification paragraph number or drawing designation and generic name for
each of multiple items.
l. Drawing number and detail references, as appropriate.
m. Location(s) where product is to be installed, as appropriate.
n. Related physical samples submitted directly.
o. Indication of full or partial submittal.
p. Submittal and transmittal distribution record.
q. Other necessary identification.
r. Remarks.
5. Metadata: Include the following information as keywords in the electronic submittal
file metadata:
a. Project name.
b. Number and title of appropriate Specification Section.
c. Manufacturer name.
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d. Product name.
E. Options: Identify options requiring selection by Architect.
F. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's
letterhead, record relevant information, requests for data, revisions other than those requested
by Architect on previous submittals, and deviations from requirements in the Contract
Documents, including minor variations and limitations. Include same identification information
as related submittal.
G. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.
1. Note date and content of previous submittal.
2. Note date and content of revision in label or title block and clearly indicate extent
of revision.
3. Resubmit submittals until they are marked with approval notation from Architect's
action stamp.
H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers,
fabricators, installers, authorities having jurisdiction, and others as necessary for performance of
construction activities. Show distribution on transmittal forms.
I. Use for Construction: Retain complete copies of submittals on Project site. Use only final action
submittals that are marked with approval notation from Architect's action stamp.
PART 2 - PRODUCTS
2.1 SUBMITTAL PROCEDURES
A. General Submittal Procedure Requirements: Prepare and submit submittals required by
individual Specification Sections. Types of submittals are indicated in individual
Specification Sections.
1. Submit electronic submittals via email as PDF electronic files.
a. Architect will return annotated file. Annotate and retain one copy of file as
an electronic Project record document file.
2. Certificates and Certifications Submittals: Provide a statement that includes signature
of entity responsible for preparing certification. Certificates and certifications shall be
signed by an officer or other individual authorized to sign documents on behalf of
that entity.
a. Provide a digital signature with digital certificate on electronically
submitted certificates and certifications where indicated.
b. Provide a notarized statement on original paper copy certificates and
certifications where indicated.
B. Product Data: Collect information into a single submittal for each element of construction and
type of product or equipment.
3. If information must be specially prepared for submittal because standard published
data are not suitable for use, submit as Shop Drawings, not as Product Data.
4. Mark each copy of each submittal to show which products and options are applicable.
5. Include the following information, as applicable:
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a. Manufacturer's catalog cuts.
b. Manufacturer's product specifications.
c. Standard color charts.
d. Statement of compliance with specified referenced standards.
e. Testing by recognized testing agency.
f. Application of testing agency labels and seals.
g. Notation of coordination requirements.
h. Availability and delivery time information.
6. For equipment, include the following in addition to the above, as applicable:
a. Wiring diagrams showing factory-installed wiring.
b. Printed performance curves.
c. Operational range diagrams.
d. Clearances required to other construction, if not indicated on accompanying
Shop Drawings.
7. Submit Product Data before or concurrent with Samples.
8. Submit Product Data in the following format:
a. PDF electronic file.
b. Three paper copies of Product Data unless otherwise indicated. Architect
will return two copies.
C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale.
9. Preparation: Fully illustrate requirements in the Contract Documents. Include the
following information, as applicable:
a. Identification of products.
b. Schedules.
c. Compliance with specified standards.
d. Notation of coordination requirements.
e. Notation of dimensions established by field measurement.
f. Relationship and attachment to adjoining construction clearly indicated.
g. Seal and signature of professional engineer if specified.
10. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit
Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm), but no larger
than 30 by 42 inches (750 by 1067 mm).
11. Submit Shop Drawings in the following format:
a. PDF electronic file.
D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these
characteristics with other elements and for a comparison of these characteristics between
submittal and actual component as delivered and installed.
12. Transmit Samples that contain multiple, related components such as accessories
together in one submittal package.
13. Identification: Attach label on unexposed side of Samples that includes the following:
a. Generic description of Sample.
b. Product name and name of manufacturer.
c. Sample source.
d. Number and title of applicable Specification Section.
e. Specification paragraph number and generic name of each item.
14. For projects where electronic submittals are required, provide corresponding
electronic submittal of Sample transmittal, digital image file illustrating Sample
characteristics, and identification information for record.
15. Disposition: Maintain sets of approved Samples at Project site, available for
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quality- control comparisons throughout the course of construction activity. Sample
sets may be used to determine final acceptance of construction associated with each set.
a. Samples that may be incorporated into the Work are indicated in individual
Specification Sections. Such Samples must be in an undamaged condition at
time of use.
b. Samples not incorporated into the Work, or otherwise designated as
Owner's property, are the property of Contractor.
16. Samples : Submit full-size units or Samples of size indicated, prepared from same
material to be used for the Work, cured and finished in manner specified, and
physically identical with material or product proposed for use, and that show full
range of color and texture variations expected. Samples include, but are not limited to,
the following: partial sections of manufactured or fabricated components; small cuts or
containers of materials; complete units of repetitively used materials; swatches
showing color, texture, and pattern; color range sets; and components used for
independent testing and inspection.
a. Number of Samples: Submit three sets of Samples. Architect will retain
two Sample sets; remainder will be returned.
1) Submit a single Sample where assembly details, workmanship,
fabrication techniques, connections, operation, and other similar
characteristics are to be demonstrated.
E. Maintenance Data: Comply with requirements specified in Section 017823 "Operation and
Maintenance Data."
F. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that
Installer complies with requirements in the Contract Documents and, where required, is
authorized by manufacturer for this specific Project.
G. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that
manufacturer complies with requirements in the Contract Documents. Include evidence of
manufacturing experience where required.
H. Product Certificates: Submit written statements on manufacturer's letterhead certifying that
product complies with requirements in the Contract Documents.
I. Material Certificates: Submit written statements on manufacturer's letterhead certifying that
material complies with requirements in the Contract Documents.
J. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's
standard form, indicating and interpreting test results of material for compliance with
requirements in the Contract Documents.
K. Product Test Reports: Submit written reports indicating that current product produced by
manufacturer complies with requirements in the Contract Documents. Base reports on evaluation
of tests performed by manufacturer and witnessed by a qualified testing agency, or on
comprehensive tests performed by a qualified testing agency.
L. Research Reports: Submit written evidence, from a model code organization acceptable to
authorities having jurisdiction, that product complies with building code in effect for Project.
Include the following information:
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1. Name of evaluation organization.
2. Date of evaluation.
3. Time period when report is in effect.
4. Product and manufacturers' names.
5. Description of product.
6. Test procedures and results.
7. Limitations of use.
M. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing
agency's standard form, indicating and interpreting results of tests performed before installation
of product, for compliance with performance requirements in the Contract Documents.
N. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing
agency's standard form, indicating and interpreting results of compatibility tests performed
before installation of product. Include written recommendations for primers and substrate
preparation needed for adhesion.
O. Field Test Reports: Submit written reports indicating and interpreting results of field tests
performed either during installation of product or after product is installed in its final location,
for compliance with requirements in the Contract Documents.
P. Design Data: Prepare and submit written and graphic information, including, but not limited to,
performance and design criteria, list of applicable codes and regulations, and calculations.
Include list of assumptions and other performance and design criteria and a summary of loads.
Include load diagrams if applicable. Provide name and version of software, if any, used for
calculations. Include page numbers.
2.2 DELEGATED-DESIGN SERVICES
A. Performance and Design Criteria: Where professional design services or certifications by a
design professional are specifically required of Contractor by the Contract Documents,
provide products and systems complying with specific performance and design criteria
indicated.
1. If criteria indicated are not sufficient to perform services or certification required,
submit a written request for additional information to Architect.
B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other
required submittals, submit digitally signed PDF electronic file copies of certificate, signed and
sealed by the responsible design professional, for each product and system specifically assigned
to Contractor to be designed or certified by a design professional.
2. Indicate that products and systems comply with performance and design criteria in
the Contract Documents. Include list of codes, loads, and other factors used in
performing these services.
PART 3 - EXECUTION
3.1 CONTRACTOR'S REVIEW
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A. Action and Informational Submittals: Review each submittal and check for coordination with
other Work of the Contract and for compliance with the Contract Documents. Note corrections
and field dimensions. Mark with approval stamp before submitting to Architect.
B. Project Closeout and Maintenance Material Submittals: See requirements in Section 017700
"Closeout Procedures."
C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name
and location, submittal number, Specification Section title and number, name of reviewer, date of
Contractor's approval, and statement certifying that submittal has been reviewed, checked, and
approved for compliance with the Contract Documents.
3.2 ARCHITECT'S ACTION
A. Action Submittals: Architect will review each submittal, make marks to indicate corrections or
revisions required, and return it. Architect will stamp each submittal with an action stamp and
will mark stamp appropriately to indicate action.
B. Informational Submittals: Architect will review each submittal and will not return it, or will
return it if it does not comply with requirements. Architect will forward each submittal to
appropriate party.
C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial
submittals has received prior approval from Architect.
D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned
for resubmittal without review.
E. Submittals not required by the Contract Documents may be returned by the Architect without
action.
END OF SECTION 01330
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SECTION 01600
PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for selection of products for
use in Project; product delivery, storage, and handling; manufacturers' standard warranties on
products; special warranties; product substitutions; and comparable products.
B. Related Sections include the following:
1. Division 1 Section "Alternates" for products selected under an alternate.
2. Division 1 Section "References" for applicable industry standards for products specified.
3. Division 1 Section "Closeout Procedures" for submitting warranties for Contract closeout.
4. Divisions 2 through 16 Sections for specific requirements for warranties on products and
installations specified to be warranted.
1.3 DEFINITIONS
A. Products: Items purchased for incorporating into the Work, whether purchased for Project or
taken from previously purchased stock. The term "product" includes the terms "material,"
"equipment," "system," and terms of similar intent.
1. Named Products: Items identified by manufacturer's product name, including make or
model number or other designation shown or listed in manufacturer's published product
literature, that is current as of date of the Contract Documents.
2. New Products: Items that have not previously been incorporated into another project or
facility. Products salvaged or recycled from other projects are not considered new products.
3. Comparable Product: Product that is demonstrated and approved through submittal
process, or where indicated as a product substitution, to have the indicated qualities related
to type, function, dimension, in-service performance, physical properties, appearance, and
other characteristics that equal or exceed those of specified product.
B. Substitutions: Changes in products, materials, equipment, and methods of construction from those
required by the Contract Documents and proposed by Contractor.
C. Basis-of-Design Product Specification: Where a specific manufacturer's product is named and
accompanied by the words "basis of design," including make or model number or other
designation, to establish the significant qualities related to type, function, dimension, in-service
performance, physical properties, appearance, and other characteristics for purposes of evaluating
comparable products of other named manufacturers.
1.4 SUBMITTALS
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A. Product List: Submit a list, in tabular from, showing specified products. Include generic names
of products required. Include manufacturer's name and proprietary product names for each
product.
1. Coordinate product list with Contractor's Construction Schedule and the Submittals
Schedule.
2. Initial Submittal: Within 30 days after date of commencement of the Work, submit 3 copies
of initial product list. Include a written explanation for omissions of data and for variations
from Contract requirements.
a. At Contractor's option, initial submittal may be limited to product
selections and designations that must be established early in
Contract period.
3. Completed List: Within 60 days after date of commencement of the Work, submit 6 copies
of completed product list. Include a written explanation for omissions of data and for
variations from Contract requirements.
4. Architect's Action: Architect will respond in writing to Contractor within 15 days of receipt
of completed product list. Architect's response will include a list of unacceptable product
selections and a brief explanation of reasons for this action. Architect's response, or lack
of response, does not constitute a waiver of requirement to comply with the Contract
Documents.
B. Substitution Requests: Submit three copies of each request for consideration. Identify product or
fabrication or installation method to be replaced. Include Specification Section number and title
and Drawing numbers and titles.
1. Substitution Request Form: Use CSI Form 13.1A.
2. Documentation: Show compliance with requirements for substitutions and the following,
as applicable:
a. Statement indicating why specified material or product cannot be provided.
b. Coordination information, including a list of changes or
modifications needed to other parts of the Work and to construction
performed by Owner and separate contractors, that will be
necessary to accommodate proposed substitution.
c. Detailed comparison of significant qualities of proposed
substitution with those of the Work specified. Significant qualities
may include attributes such as performance, weight, size,
durability, visual effect, and specific features and requirements
indicated.
d. Product Data, including drawings and descriptions of products and
fabrication and installation procedures.
e. Samples, where applicable or requested.
f. Material test reports from a qualified testing agency indicating and
interpreting test results for compliance with requirements
indicated.
g. Detailed comparison of Contractor's Construction Schedule using
proposed substitution with products specified for the Work,
including effect on the overall Contract Time. If specified product
or method of construction cannot be provided within the Contract
Time, include letter from manufacturer, on manufacturer's
letterhead, stating lack of availability or delays in delivery.
h. Cost information, including a proposal of change, if any, in the Contract
Sum.
i. Contractor's certification that proposed substitution complies with
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requirements in the Contract Documents and is appropriate for
applications indicated.
j. Contractor's waiver of rights to additional payment or time that
may subsequently become necessary because of failure of proposed
substitution to produce indicated results.
3. Architect's Action: If necessary, Architect will request additional information or
documentation for evaluation within 7 days of receipt of a request for substitution.
Architect will notify Contractor of acceptance or rejection of proposed substitution within
15 Insert time days of receipt of request, or 7 days of receipt of additional information or
documentation, whichever is later.
C. Comparable Product Requests: Submit three copies of each request for consideration. Identify
product or fabrication or installation method to be replaced. Include Specification Section number
and title and Drawing numbers and titles.
1. Architect's Action: If necessary, Architect will request additional information or
documentation for evaluation within one week of receipt of a comparable product request.
Architect will notify Contractor through Construction Manager of approval or rejection of
proposed comparable product request within 15 days of receipt of request, or 7 days of
receipt of additional information or documentation, whichever is later.
D. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 1
Section "Submittal Procedures." Show compliance with requirements.
1.5 QUALITY ASSURANCE
A. Compatibility of Options: If Contractor is given option of selecting between two or more products
for use on Project, product selected shall be compatible with products previously selected, even
if previously selected products were also options.
1. Each contractor is responsible for providing products and construction methods compatible
with products and construction methods of other contractors.
2. If a dispute arises between contractors over concurrently selectable but incompatible
products, Architect will determine which products shall be used.
1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, and handle products using means and methods that will prevent damage,
deterioration, and loss, including theft. Comply with manufacturer's written instructions.
B. Delivery and Handling:
1. Schedule delivery to minimize long-term storage at Project site and to prevent
overcrowding of construction spaces.
2. Coordinate delivery with installation time to ensure minimum holding time for items that
are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other
losses.
3. Deliver products to Project site in an undamaged condition in manufacturer's original
sealed container or other packaging system, complete with labels and instructions for
handling, storing, unpacking, protecting, and installing.
4. Inspect products on delivery to ensure compliance with the Contract Documents and to
ensure that products are undamaged and properly protected.
C. Storage:
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1. Store products to allow for inspection and measurement of quantity or counting of units.
2. Store materials in a manner that will not endanger Project structure.
3. Store products that are subject to damage by the elements, under cover in a weathertight
enclosure above ground, with ventilation adequate to prevent condensation.
4. Store cementitious products and materials on elevated platforms.
5. Store foam plastic from exposure to sunlight, except to extent necessary for period of
installation and concealment.
6. Comply with product manufacturer's written instructions for temperature, humidity,
ventilation, and weather-protection requirements for storage.
7. Protect stored products from damage and liquids from freezing.
8. Provide a secure location and enclosure at Project site for storage of materials and
equipment by Owner's construction forces. Coordinate location with Owner.
1.7 PRODUCT WARRANTIES
A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other
warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on
product warranties do not relieve Contractor of obligations under requirements of the Contract
Documents.
1. Manufacturer's Warranty: Preprinted written warranty published by individual
manufacturer for a particular product and specifically endorsed by manufacturer to Owner.
2. Special Warranty: Written warranty required by or incorporated into the Contract
Documents, either to extend time limit provided by manufacturer's warranty or to provide
more rights for Owner.
B. Special Warranties: Prepare a written document that contains appropriate terms and identification,
ready for execution. Submit a draft for approval before final execution.
1. Manufacturer's Standard Form: Modified to include Project-specific information and
properly executed.
2. Specified Form: When specified forms are included with the Specifications, prepare a
written document using appropriate form properly executed.
3. Refer to Divisions 2 through 16 Sections for specific content requirements and particular
requirements for submitting special warranties.
C. Submittal Time: Comply with requirements in Division 1 Section "Closeout Procedures."
PART 2 – PRODUCTS
2.1 PRODUCT SELECTION PROCEDURES
A. General Product Requirements: Provide products that comply with the Contract Documents, that
are undamaged and, unless otherwise indicated, that are new at time of installation.
1. Provide products complete with accessories, trim, finish, fasteners, and other items needed
for a complete installation and indicated use and effect.
2. Standard Products: If available, and unless custom products or nonstandard options are
specified, provide standard products of types that have been produced and used
successfully in similar situations on other projects.
3. Owner reserves the right to limit selection to products with warranties not in conflict with
requirements of the Contract Documents.
4. Where products are accompanied by the term "as selected," Architect will make selection.
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5. Where products are accompanied by the term "match sample," sample to be matched is
Architect's.
6. Descriptive, performance, and reference standard requirements in the Specifications
establish "salient characteristics" of products.
7. Or Equal: Where products are specified by name and accompanied by the term "or equal"
or "or approved equal" or "or approved," comply with provisions in Part 2 "Comparable
Products" Article to obtain approval for use of an unnamed product.
B. Product Selection Procedures:
1. Product: Where Specifications name a single product and manufacturer, provide the named
product that complies with requirements.
2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide
a product by the named manufacturer or source that complies with requirements.
3. Products: Where Specifications include a list of names of both products and manufacturers,
provide one of the products listed that complies with requirements.
4. Manufacturers: Where Specifications include a list of manufacturers' names, provide a
product by one of the manufacturers listed that complies with requirements.
5. Available Products: Where Specifications include a list of names of both products and
manufacturers, provide one of the products listed, or an unnamed product, that complies
with requirements. Comply with provisions in Part 2 "Comparable Products" Article for
consideration of an unnamed product.
6. Product Options: Where Specifications indicate that sizes, profiles, and dimensional
requirements on Drawings are based on a specific product or system, provide the specified
product or system. Comply with provisions in Part 2 "Product Substitutions" Article for
consideration of an unnamed product or system.
7. Basis-of-Design Product: Where Specifications name a product and include a list of
manufacturers, provide the specified product or a comparable product by one of the other
named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions,
and other characteristics that are based on the product named. Comply with provisions in
Part 2 "Comparable Products" Article for consideration of an unnamed product by the other
named manufacturers.
8. Visual Matching Specification: Where Specifications require matching an established
Sample, select a product that complies with requirements and matches Architect's sample.
Architect's decision will be final on whether a proposed product matches.
9.
10. Visual Selection Specification: Where Specifications include the phrase "as selected from
manufacturer's colors, patterns, textures" or a similar phrase, select a product that complies
with other specified requirements.
a. Standard Range: Where Specifications include the phrase
"standard range of colors, patterns, textures" or similar phrase,
Architect will select color, pattern, density, or texture from
manufacturer's product line that does not include premium items.
b. Full Range: Where Specifications include the phrase "full range of
colors, patterns, textures" or similar phrase, Architect will select
color, pattern, density, or texture from manufacturer's product line
that includes both standard and premium items.
2.2 PRODUCT SUBSTITUTIONS
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A. Timing: Architect will consider requests for substitution if received within 60 days after the
Notice to Proceed. Requests received after that time may be considered or rejected at discretion
of Architect.
B. Conditions: Architect will consider Contractor's request for substitution when the following
conditions are satisfied. If the following conditions are not satisfied, Architect will return requests
without action, except to record noncompliance with these requirements:
1. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting additional responsibilities Owner
must assume. Owner's additional responsibilities may include compensation to Architect
for redesign and evaluation services, increased cost of other construction by Owner, and
similar considerations.
2. Requested substitution does not require extensive revisions to the Contract Documents.
3. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
4. Substitution request is fully documented and properly submitted.
5. Requested substitution will not adversely affect Contractor's Construction Schedule.
6. Requested substitution has received necessary approvals of authorities having jurisdiction.
7. Requested substitution is compatible with other portions of the Work.
8. Requested substitution has been coordinated with other portions of the Work.
9. Requested substitution provides specified warranty.
10. If requested substitution involves more than one contractor, requested substitution has been
coordinated with other portions of the Work, is uniform and consistent, is compatible with
other products, and is acceptable to all contractors involved.
2.3 COMPARABLE PRODUCTS
A. Conditions: Architect will consider Contractor's request for comparable product when the
following conditions are satisfied. If the following conditions are not satisfied, Architect will
return requests without action, except to record noncompliance with these requirements:
1. Evidence that the proposed product does not require extensive revisions to the Contract
Documents, that it is consistent with the Contract Documents and will produce the
indicated results, and that it is compatible with other portions of the Work.
2. Detailed comparison of significant qualities of proposed product with those named in the
Specifications. Significant qualities include attributes such as performance, weight, size,
durability, visual effect, and specific features and requirements indicated.
3. Evidence that proposed product provides specified warranty.
4. List of similar installations for completed projects with project names and addresses and
names and addresses of architects and owners, if requested.
5. Samples, if requested.
PART 3 - EXECUTION (Not Used)
END OF SECTION 01600
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KODIAK FISHERIES RESEARCH CENTER CLOSEOUT PROCEDURES
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SECTION 01770
CLOSEOUT PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for contract closeout,
including, but not limited to, the following:
1. Inspection procedures.
2. Warranties.
3. Final cleaning.
B. Related Sections include the following:
1. Division 1 Section "Payment Procedures" for requirements for Applications for Payment
for Substantial and Final Completion.
2. Division 1 Section "Operation and Maintenance Data" for operation and maintenance
manual requirements.
3. Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for
the Work in those Sections.
1.3 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for determining date of Substantial
Completion, complete the following. List items below that are incomplete in request.
1. Prepare a list of items to be completed and corrected (punch list), the value of items on the
list, and reasons why the Work is not complete.
2. Advise Owner of pending insurance changeover requirements.
3. Submit specific warranties, workmanship bonds, maintenance service agreements, final
certifications, and similar documents.
4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to
services and utilities. Include occupancy permits, operating certificates, and similar
releases.
5. Prepare and submit Project Record Documents, operation and maintenance manuals, Final
Completion construction photographs, damage or settlement surveys, property surveys,
and similar final record information.
6. Complete final cleaning requirements, including touchup painting.
7. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual
defects.
B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of
request, Architect and Construction Manager will either proceed with inspection or notify
Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial
Completion after inspection or will notify Contractor of items, either on Contractor's list or
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additional items identified by Architect, that must be completed or corrected before certificate
will be issued.
1. Reinspection: Request reinspection when the Work identified in previous inspections as
incomplete is completed or corrected.
2. Results of completed inspection will form the basis of requirements for Final Completion.
1.4 FINAL COMPLETION
A. Preliminary Procedures: Before requesting final inspection for determining date of Final
Completion, complete the following:
1. Submit a final Application for Payment according to Division 1 Section "Payment
Procedures."
2. Submit copy of Architect's Substantial Completion inspection list of items to be completed
or corrected (punch list). The certified copy of the list shall state that each item has been
completed or otherwise resolved for acceptance.
3. Submit evidence of final, continuing insurance coverage complying with insurance
requirements.
B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request,
Architect and Construction Manager will either proceed with inspection or notify Contractor of
unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or
will notify Contractor of construction that must be completed or corrected before certificate will
be issued.
1. Reinspection: Request reinspection when the Work identified in previous inspections as
incomplete is completed or corrected.
1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST)
A. Preparation: Submit two copies of list. Include name and identification of each space and area
affected by construction operations for incomplete items and items needing correction including,
if necessary, areas disturbed by Contractor that are outside the limits of construction.
1. Organize list of spaces in sequential order, starting with exterior areas first.
2. Organize items applying to each space by major element, including categories for ceiling,
individual walls, floors, equipment, and building systems.
3. Include the following information at the top of each page:
a. Project name.
b. Date.
c. Name of Architect.
d. Name of Contractor.
e. Page number.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator
of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health
or property or that might damage finished surfaces.
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PART 3 – EXECUTION
3.1 FINAL CLEANING
A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with
local laws and ordinances and Federal and local environmental and antipollution regulations.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each
surface or unit to condition expected in an average commercial building cleaning and maintenance
program. Comply with manufacturer's written instructions.
1. Complete the following cleaning operations before requesting inspection for certification
of Substantial Completion for entire Project or for a portion of Project:
a. Clean Project site, yard, and grounds, in areas disturbed by construction activities,
including landscape development areas, of rubbish, waste material, litter, and
other foreign substances.
b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other
foreign deposits.
c. Remove tools, construction equipment, machinery, and surplus material from
Project site.
d. Remove snow and ice to provide safe access to building.
e. Clean exposed exterior hard-surfaced finishes to a dirt-free condition, free of
stains, films, and similar foreign substances. Avoid disturbing natural weathering
of exterior surfaces. Restore reflective surfaces to their original condition.
C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or
excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials
into drainage systems. Remove waste materials from Project site and dispose of lawfully.
END OF SECTION 01770
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KODIAK FISHERIES RESEARCH CENTER SELECTIVE DEMOLITION
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SECTION 024119
SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Demolition and removal of selected portions of building or structure.
2. Salvage of existing items to be reused or recycled.
B. Related Requirements:
1. Section 011000 "Summary" for restrictions on use of the premises, Owner-occupancy
requirements, and phasing requirements.
2. Section 017300 "Execution" for cutting and patching procedures.
1.2 DEFINITIONS
A. Remove: Detach items from existing construction and dispose of them off-site unless indicated to be
salvaged or reinstalled.
B. Remove and Salvage: Detach items from existing construction, in a manner to prevent damage, and
store.
C. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage,
prepare for reuse, and reinstall where indicated.
D. Existing to Remain: Leave existing items that are not to be removed and that are not otherwise
indicated to be salvaged or reinstalled.
1.3 MATERIALS OWNERSHIP
A. Unless otherwise indicated, demolition waste becomes property of Contractor.
1.4 PREINSTALLATION MEETINGS
A. Predemolition Conference: Conduct conference at Project site.
1. Inspect and discuss condition of construction to be selectively demolished.
2. Review and finalize selective demolition schedule and verify availability of materials,
demolition personnel, equipment, and facilities needed to make progress and avoid delays.
3. Review requirements of work performed by other trades that rely on substrates exposed by
selective demolition operations.
4. Review areas where existing construction is to remain and requires protection.
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1.5 FIELD CONDITIONS
A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct
selective demolition so Owner's operations will not be disrupted.
B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as
practical.
1. Before selective demolition, Owner will remove the following items:
a. Freestanding furnishings, extra materials.
C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with
selective demolition.
D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.
1. If suspected hazardous materials are encountered, do not disturb; immediately notify Architect
and Owner. Hazardous materials will be removed by Owner under a separate contract.
E. Storage or sale of removed items or materials on-site is not permitted.
F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against
damage during selective demolition operations.
1.6 COORDINATION
A. Arrange selective demolition schedule so as not to interfere with Owner's operations.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning
selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.
B. Standards: Comply with ANSI/ASSP A10.6 and NFPA 241.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Review Project Record Documents of existing construction or other existing condition and hazardous
material information provided by Owner. Owner does not guarantee that existing conditions are same
as those indicated in Project Record Documents.
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B. Verify that hazardous materials have been remediated before proceeding with building demolition
operations.
3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS
A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect
them against damage.
3.3 PROTECTION
A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury
to people and damage to adjacent buildings and facilities to remain.
1. Provide protection to ensure safe passage of people around selective demolition area and to
and from occupied portions of building.
2. Provide temporary weather protection, during interval between selective demolition of
existing construction on exterior surfaces and new construction, to prevent water leakage and
damage to structure and interior areas.
3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are
exposed during selective demolition operations.
4. Cover and protect furniture, furnishings, and equipment that have not been removed.
B. Remove temporary barricades and protections where hazards no longer exist.
3.4 SELECTIVE DEMOLITION, GENERAL
A. General: Demolish and remove existing construction only to the extent required by new construction
and as indicated. Use methods required to complete the Work within limitations of governing
regulations and as follows:
1. Locate selective demolition equipment and remove debris and materials so as not to impose
excessive loads on supporting walls, floors, or framing.
2. Dispose of demolished items and materials promptly.
B. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to
ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and
used facilities.
C. Removed and Reinstalled Items:
1. Clean and repair items to functional condition adequate for intended reuse.
2. Pack or crate items after cleaning and repairing. Identify contents of containers.
3. Protect items from damage during transport and storage.
4. Reinstall items in locations indicated. Comply with installation requirements for new
materials and equipment. Provide connections, supports, and miscellaneous materials
necessary to make item functional for use indicated.
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D. Existing Items to Remain: Protect construction indicated to remain against damage and soiling
during selective demolition. When permitted by Architect, items may be removed to a suitable,
protected storage location during selective demolition and reinstalled in their original locations after
selective demolition operations are complete.
3.5 DISPOSAL OF DEMOLISHED MATERIALS
A. Remove demolition waste materials from Project site and dispose of them in an EPA-approved
construction and demolition waste landfill acceptable to authorities having jurisdiction.
1. Do not allow demolished materials to accumulate on-site.
2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and
areas.
3. Remove debris from elevated portions of building by chute, hoist, or other device that will
convey debris to grade level in a controlled descent.
B. Burning: Do not burn demolished materials.
3.6 CLEANING
A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition
operations. Return adjacent areas to condition existing before selective demolition operations began.
END OF SECTION 024119
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KODIAK FISHERIES RESEARCH CENTER CHEMICAL FEED SYSTEMS
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SECTION 44 44 14
CHEMICAL FEED SYSTEMS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes the following:
1. Chemical feed pumps and dosing control system with accessories.
a. Dechlorination Chemical Feed Pumps (P-300A, P-300B)
1.2 SUBMITTALS
A. Section 01 33 00 - Submittal Procedures: Requirements for submittals.
B. Shop Drawings:
1. Submit detailed certified dimensional shop drawings for materials and equipment, including
wiring and control diagrams, performance charts and curves, installation and anchoring
requirements, fasteners, and other details.
C. Product Data:
1. Submit complete information concerning materials of construction and fabrication.
2. Product Data: Submit certified pump curves showing performance characteristics with pump
and system operating point plotted. Include NPSH curve when applicable.
3. Include electrical characteristics and connection requirements.
4. Submit manufacturer model number, dimensions, service sizes, and finishes.
D. Test Reports:
1. Submit certified factory test results.
2. Submit certified field performance test results.
E. Manufacturer's Installation Instructions:
1. Submit detailed instructions on installation requirements including storage and handling
procedures, anchoring, and layout.
2. Submit application, selection, and hookup configuration with pipe and accessory elevations.
Submit hanging and support requirements and recommendations.
F. Manufacturer's Certificate: Certify products meet or exceed specified requirements.
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G. Manufacturer's Field Reports: Submit certification after installation certifying equipment has been installed
in accordance with manufacturer’s instructions.
1.3 CLOSEOUT SUBMITTALS
A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for submittals.
B. Project Record Documents: Record actual locations and final orientation of equipment and accessories.
C. Operation and Maintenance Data: Submit maintenance instructions for equipment and accessories.
1.4 QUALIFICATIONS
A. Equipment Manufacturer:
1. Experienced in design and construction of specified equipment.
2. Provided similar equipment in type and capacity to water treatment plants and have been in
successful operation for a period of a least 5 years.
3. List five installations of similar type and capacity with plant address, name, title of reference
contact, and telephone numbers.
B. Manufacturer’s Representative: Minimum of 2 years’ experience in the installation supervision of similar
equipment specified in municipal water treatment plants within the past 10 years.
C. All equipment provided under this section shall be provided by a single supplier experienced in fabrication
of chemical dosing skid systems.
1.5 EXTRA MATERIALS
A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for spare parts and maintenance
products.
B. Furnish one complete set of manufacturer's recommended spare parts for each pump including but not
limited to:
1. One complete rebuild kit for each feed pump provided, to include replacement diaphragm,
ball check valves, O-rings, and gaskets.
2. One spare drum level probe.
C. Furnish special tools required for equipment maintenance. Furnish list of equipment and tools needed to
maintain and calibrate equipment.
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PART 2 - PRODUCTS
2.1 CHEMICAL DOSING FEED SYSTEM (P-300A, P-300B)
A. Preassembled duplex dosing skid system. System shall be self contained including metering pumps,
calibration column, backpressure valves, pressure relief valves, piping, fitting, and controls.
1. Chemical feed system shall be assembled and complete by the metering pump manufacturer.
B. Simplex reciprocating, solid state electronic pulsing diaphragm type with spring-loaded internal pressure
relief valve to protect pump against excessive hydraulic pressure.
C. Coordinate pump requirements with drive manufacturer and be responsible for pump and drive
requirements.
D. Materials:
1. Wet End: Polypropylene.
2. Check Valve: Ceramic.
3. Gaskets: EPDM.
4. Diaphragm: PTFE.
E. External Interface Signals:
1. Receive Remote dry contact (Rated 120 V, 0.5 A) Closure (for remote Control): Pump STOP
Command.
F. Pump Control:
1. Pump dosing speed will be by a packaged system to automatically dechlorinate disinfected
wastewater.
2. Pumps operate in a duty/standby configuration.
3. An online total chlorine analyzer will measure chlorine in the effluent and the dosing control
system will modulate the pump speed to maintain 0.0 mg/L in the effluent.
G. Pump Data:
Pump Details Dechlorination Chemical Pumps (P-300A, P-300B)
Manufacturer Grundfos
Model DDA Series
Location Contaminated Seawater Treatment Room
Chemical Pumped Sodium bisulfite
Liquid pH 4-5
Flow Capacity 0 – 4.9 gal/hr
Discharge Pressure 30 psi
Volt 120 V
Phase 1 phase
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2.2 PUMP ACCESSORIES
A. Furnish pump, motor, and accessories on a shop-fabricated equipment panel with the general arrangement
shown on the Drawings.
B. Pulsation Dampeners:
1. Single diaphragm type mounted on discharge piping as shown for pneumatic hydraulic
pulsation dampening. Size for pump stroke volume. Body material shall be PVC and
diaphragm material shall be selected by pump supplier.
2. Air charging valve and pressure gauge.
C. Piping:
1. Suction and discharge piping shall be Schedule 80 PVC, sized by the skid manufacturer for
the system flows and hydraulic conditions.
2. Plastic accessories shall have True Union connections to allow for maintenance.
D. Valves:
1. General isolation and check valves: Schedule 80 PVC.
2. Back Pressure / Anti-Siphon Valve shall be installed in discharge piping common header to
provide constant back pressure and eliminate siphoning potential through the pump. The
back pressure / anti-siphon valve shall be factory set at most to 50 psi depending on the
pump, but adjustable from 10 to 150 psig for site installation conditions.
3. Pressure Relief Valve shall be installed in discharge line of each pump mounted on the
system with a return line to the pump suction line to prevent system overpressure in the event
of a blocked line or excessive pressure. Relief valve to be factory set at most to 75 psig
depending on the pump. The relief valve shall be adjustable from 10 to 150 psig.
E. Pressure Gauge:
1. Installed in discharge piping common header. Gauge shall be liquid filled with diaphragm
seal. Dial size to be 2 ½” with stainless steel case and range of 0-200 psig.
F. “Y” Strainer
1. Installed on the suction line to prevent debris from entering the metering pumps. The strainer
shall be positioned for easy screen removal and cleaning, as close to the system inlet as
possible. The screen material shall be the same as the body of the strainer.
G. Equipment Identification Plate: 16-gauge stainless steel with ¼-inch die-stamped equipment tag number
securely mounted in a readily visible location.
H. Anchor bolts for metering pump skid. Hastelloy C. Sized by equipment manufacturer and as specified in
Section 05 50 00, Metal Fabrications.
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I. Calibration Cylinder: Sized by pump supplier constructed of clear polypropylene and PVC with ball type
shutoff valve.
2.3 CONTROLS AND COMMUNICATION
A. Pump Control Cables: Supplied as recommended by the manufacturer for the dosing and control
application.
B. Control Panel:
1. A Control Panel shall be mounted on the skid frame for the connection and distribution of
120V power and pump I/O signals.
2. It shall include a power disconnect switch, emergency stop button, circuit breaker, terminal
blocks, Hand-Off-Auto selector switch per pump, and pump run and alarm status lights.
3. The panel shall be constructed with a UL type 4X enclosure with UL marking and UL 508a
electrical approval. The control cables from the pump shall be factory installed to the panel.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify layout and orientation of pumps, accessories, and piping connections.
3.2 INSTALLATION
A. Install in accordance with manufacturer’s printed instructions.
3.3 FIELD QUALITY CONTROL
A. Section 01 70 00 - Execution and Closeout Requirements: Field inspecting, testing, adjusting, and
balancing.
B. Pre-operational Check: Before operating system or components, make the following checks:
1. Vent air from system to assure water in pump.
C. Conduct tests on each pump.
D. Functional Test:
1. Alignment: Test complete assemblies for proper alignment, connection, and quiet operation.
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2. Set and adjust backpressure valves and pulsation dampeners. Record values established at
start-up.
3. Determine calibration curves for each pumping unit by plotting capacity versus six different
stroke settings between 0 and 100 percent at 10 percent increments. Compute capacities by
measuring time to fill or drain calibration column with potable water.
E. Performance Testing:
1. Perform under actual or approved simulated operating conditions.
2. Operate each chemical feed system on clear water for continuous period of four hours, under
supervision of manufacturer's representative. Demonstrate system control functions and
alarms. Utilizing signal generator, demonstrate proper operation of pump pacing.
F. Equipment Acceptance:
1. Adjust, repair, modify and replace components of system failing to perform and repeat tests.
2. Make final adjustments to equipment under direction of manufacturer's representative.
3.4 MANUFACTURER'S FIELD SERVICES
A. Manufacturer’s Representative: Present at Site or classroom designated by Owner, for minimum person-
days listed below, travel time excluded.
1. 1 person-day for installation assistance.
2. 1 person-day for functional and performance testing and completion of Manufacturer’s
Certificate of Proper Installation.
3. ½ person-day for post startup training of Owner’s personnel.
B. Furnish installation certificate from equipment manufacturer's representative attesting equipment has been
properly installed and is ready for start-up and testing.
END OF SECTION 44 44 14
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KODIAK FISHERIES RESEARCH CENTER ULTRAVIOLET DISINFECTION SYSTEM
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SECTION 466613
ULTRAVIOLET DISINFECTION SYSTEM
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Closed-vessel Ultraviolet (UV) disinfection equipment and accessories.
1.2 DEFINITIONS
A. UV Dose (Fluence): Shall indicate the UV energy per unit area incident on a surface, typically
reported in millijoules per square centimeter (mJ/cm2). The UV dose received by a waterborne
organism in a reactor vessel accounts for the effects on UV intensity of the absorbance of the
water, absorbance of the quartz sleeves, reflection and refraction of light from the water
surface and reactor walls, and the germicidal effectiveness of the UV wavelengths transmitted.
B. UV System: Synonymous with “UV Disinfection Equipment” or “UV Disinfection System”,
which includes all related UV equipment, materials, and appurtenances.
C. UV Supplier: Synonymous with UV System Manufacturer or Vendor. Responsible for
providing the Work of this Section.
D. Installing Contractor: The party who installs, and assists with testing and start up of the
product(s) furnished under this Section.
E. UV Transmittance (UVT): Shall indicate the transmittance of ultraviolet light at a wavelength
of 254 nanometers through the water across a path length of 1 centimeter. UVT shall be
expressed as a percentage.
F. Intensity: Shall indicate the power passing through a unit area perpendicular to the direction of
propagation. UV describes the magnitude of UV light measured by UV sensors in a reactor and
with a radiometer in bench-scale UV experiments. The units of intensity are milliwatts per
square centimeter (mW/cm2).
G. HMI: Human Machine Interface.
1.3 SUBMITTALS
A. Shop Drawing:
1. List mechanical and electrical components of UV system and provide complete
catalogue information, descriptive literature, specifications, and identification of
materials of construction, including spare parts.
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2. Detailed UV reactor information including make/model, pressure rating, flange size,
headloss curve, min/max flow rate, min/max UVT, reactor support requirements,
quantity/location of UV lamps and intensity sensors, cooling water requirements, lamp
cool-down/warm-up requirements, empty and full weight, and air-release/drain line
connection details.
3. Drawings showing plan layout, cross-sections, dimensions, critical clearances,
installation requirements, and all interconnections and interface requirements (power,
controls, instrumentations, etc.). Identify separately-mounted components, connections
to other work, critical clearance requirements, interconnections and interface
requirements, and the validated hydraulic configuration.
4. Details of control and power panels including internal and external panel layouts,
dimensions, access requirements, and materials of constructions.
5. Detailed description of instrumentation and control system, including a list of all
functions monitored, controlled, and alarmed. Describe all automatic shutdown features
and interfaces with the plant instrumentation and control system.
6. Input power voltage, frequency, and phase requirements, total system maximum power
load, power quality thresholds, and ballast turndown capabilities.
7. Specifications for all interconnecting cables between the UV equipment, including
voltage ratings, insulation type, conductor material and cable/conductor outside
diameter, gauge, maximum cable length, preferred make and model as applicable, and
cable terminator type and quantity.
8. A list of all replaceable system components along with their expected replacement
frequencies, duration of life warrantees, guaranteed replacement prices, and calibration
frequencies. Include a list of special tools required for checking, testing, parts
replacement, and maintenance.
9. Lamp data including watt rating, initial lumen output, lamp aging factors, and average
lumens.
10. Complete description of the automatic lamp sleeve cleaning process and its maintenance
requirements, if included.
11. Process and instrumentation diagrams and description of all functions monitored,
controlled, and alarmed.
12. Control system block diagram(s) including the Human Machine Interface (HMI(s)),
Programmable Logic Controller (PLC(s)), and control networks. Proposed layouts and
development of all HMI screens for control of the UV disinfection system.
13. Fully documented PLC ladder logic listings, I/O printouts, and cross-referenced
printouts documenting programmable controller software program.
14. Details of control and power panels including internal and external panel layouts,
dimensions, access requirements, materials of construction, bill of materials, electrical
schematics, and wiring diagrams. Include software and hardware component details.
15. Equipment delivery, storage, and installation requirements.
16. Draft Operation and Maintenance Manual.
B. Quality Control Submittals:
1. Factory Acceptance Test Plan
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2. Final Factory Acceptance Test data sheets and witness report.
3. UV Supplier’s Certificate of Proper Installation for all UV Supplier supplied equipment.
4. Functional Test Plan: Provide a narrative of the test plan and data to be recorded and
analysis to be completed, including all forms for recording data during the test.
5. Functional Testing Report: Provide a narrative and data summary of the Functional
Testing discussing each element requiring testing, the tests performed, and the results.
Functional Testing is not complete until this report is submitted and accepted by the
Engineer.
6. Performance Test Plan: Provide a narrative of the test plan and data to be recorded and
analysis to be completed, including all forms for recording data during the test.
7. Performance Testing Report: Provide a narrative and data summary of the Performance
Testing discussing each element requiring testing, the tests performed, and the results.
Performance Testing is not complete until this report is submitted and approved by the
Engineer. Include the following:
C. Contract Closeout Submittals:
1. Final Operation and Maintenance Manuals as specified in the General Requirements.
2. List of all original equipment by model and part number (detailed bill of materials). List
manufacturer names, addresses, and phone numbers.
3. Service records for maintenance or calibration reports for calibration performed during
construction or testing activities.
1.4 EXTRA MATERIALS
A. Provide the following spare parts:
1. UV Lamps: One complete set for one reactor.
2. Sleeves: One complete set for one reactor.
3. Ballasts: One complete set for one reactor.
4. Ballast Cooling Fans: One complete set for one reactor.
5. Duty UV Sensor: One complete set for one reactor.
6. Reference UV Sensor: Three (3) Sensors total for facility.
7. Complete set of cleaning system wiper rings for one reactor.
8. Complete set of special tools to disassemble or adjust the UV System.
9. Complete set of O-rings seals for one reactor.
10. One year’s supply of cleaning chemicals or cleaning system parts, (if applicable).
11. Spare parts for 1 year’s operation of the UVT analyzer including two spare lamps and
100% UVT calibration solution.
12. Fuses: One of each fuse used.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Store materials according to manufacturer instructions.
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B. Protection:
1. Protect materials from moisture and dust by storing in clean, dry location remote from
construction operations areas.
2. Provide additional protection according to manufacturer instructions
1.6 EXISTING CONDITIONS
A. Verify field measurements prior to fabrication.
B. Indicate field measurements on Shop Drawings.
PART 2 - PRODUCTS
2.1 GENERAL
A. The complete electrical assembly shall meet all requirements of the National Electrical Code
(NEC), the National Electrical Manufactures Association (NEMA), and be listed by an NRTL
(Nationally Recognized Testing Laboratory).
B. All terminal point connections shall be ANSI standard flanges.
2.2 DESIGN CRITERIA
A. The existing contaminated seawater treatment system includes sand filters and chlorine contact. The UV
System will be installed downstream of the sand filters. The chlorine injection system will remain as
backup.
B. Provide UV System meeting the following design basis:
1. Number of UV Reactors: 1 active; 1 standby
2. Total UV System Flow: 250 gpm
3. Water Temperature Range: 1 to 15 degrees C
4. Hardness (mg/L as CaCO3): Average: 5
5. Iron (mg/L as Fe): Average: <0.1
6. Turbidity (NTU): Maximum: <6
7. Design UV Dose: 175 mJ/cm
2
8. UV Transmittance @ 254 nm: 95-98%
C. Input Voltage: 480VAC or 208VAC.
D. All reactor components shall be designed to handle pressures of up to 150 psig and shall be fully
assembled and hydrotested at 1.5 times the design pressure at the factory prior to shipment.
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2.3 UV SUPPLIERS
A. Materials, equipment, and accessories specified in this section shall be products of:
1. Trojan Technologies (London, Ontario); Aquafine Series
2. PR Aqua (Nanaimo, British Columbia); Atlantium Series
3. Aquionics, Inc. (Charlotte, North Carolina); RAS Line
4. Or Approved Equal
2.4 DESCRIPTION
A. Closed-vessel UV disinfection system, consisting of following:
1. UV lamp module with support rack and bracket.
2. Instrumentation, controls, and power distribution.
3. UV monitoring system.
4. Elapsed time meter.
5. Lamp cleaning system.
B. Lamps
1. Type:
a. Mercury vapor.
b. Design: Hot cathode, instant start.
2. Filament: Clamped design to withstand shock and vibration.
3. Module:
a. Description: Lamps placed in individual fused-quartz sleeves, and sealed and supported in
NEMA 6P stainless-steel frame.
b. Wiring: Completely enclosed and protected from water.
c. Base: Metal and ceramic.
d. Replacement: Capability of replacing lamp without disassembling or removing sleeve.
C. Sleeves:
1. Description: Close one end of each sleeve and seal opposite other end with lamp end seal and O-
ring.
2. Material: Fused quartz.
3. Seal: Stainless-steel nut and O-ring seal.
4. Configuration: Prevent lamp sleeve from touching steel components.
D. Ballasts:
1. Comply with ANSI C82.4.
2. Minimum Power Factor: 85 percent.
3. Design: Modular, for quick disconnect and replacement.
4. Conducted and Radiated Emission: Comply with 47 CFR 15.
5. Power Output: Incremental steps from 30 to 100 percent of rated lamp power.
E. Materials:
1. Metal Components in Contact with Water: Type 304 or 316 stainless steel.
2. Components Exposed to UV Light: Type 316 stainless steel, quartz, or polytetrafluoroethylene
(PTFE).
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F. Operation:
1. Electrical Characteristics:
a. Voltage: 480VAC or 208VAC, three, phase, 60 Hz.
b. Maximum Power Consumption: 7.5 KVA
c. Minimum Power Factor: 0.85 at rated load.
2. Control Panel:
a. Description: PLC-based controls and Operator Interface Station (OIS).
b. Factory mounted.
c. NEMA 250 Type 1
d. Single-point power connection and grounding lug.
3. Controls:
a. Description: Automatic flow- and water-quality-paced PLC control system energizes and
de-energizes lamps to maintain required UV dosage, and adjusts UV intensity in
proportion to water flow rate.
b. OIS: Menu driven with automatic fault messages when alarm conditions are annunciated.
c. Signals: 4 to 20 mA dc.
d. Furnish programming to perform operations.
e. Lamp Status Indicators: ON-OFF.
4. Lamp Monitoring System:
a. Indicate location and operating status of each lamp.
b. Annunciate remote alarm upon lamp failure.
5. UV Intensity Detection System:
a. Description: Sense and display intensity in each bank of lamp modules between 254.5 and
255.0 nm.
b. Furnish one UV intensity meter for each bank of lamp modules.
c. Indicates safe intensity, low intensity, and unsafe intensity by means of zero to 100
percent scale.
6. Elapsed Time Meter:
a. Description: One nonresettable elapsed time meter for each bank of lamp modules.
b. Operation: Zero to 99,999 hours.
7. Switches: Furnish one HAND-OFF-AUTO switch for each UV bank.
8. Alarms:
a. LOW UV INTENSITY WARNING.
b. LOW UV INTENSITY.
c. Individual LAMP FAILURE.
d. Two or more adjacent LAMPS FAILURE.
e. Multiple LAMPS FAILURE.
f. MODULE FAILURE.
9. Disconnect Switch: Factory mounted in control panel.
10. Operation Sequences: Duty/Standby.
2.5 ACCESSORIES
A. UV Transmittance Analyzer:
1. Description:
a. Analyzer, sensor, and sampler, each with a separate NEMA 250 Type 1 enclosure.
b. Continuously monitor percent UV transmittance of water.
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2. Range: Zero to 100 percent transmittance.
3. Accuracy: Plus and minus 1 percent of full scale.
4. Alarms: HIGH. LOW, and OFF.
5. Display: LCD, with 24-hour graph.
B. Cleaning System:
1. Description:
a. Automatic mechanical/chemical cleaning system, capable of cleaning lamps during
disinfection and without removing lamps from unit.
b. Automatically wipe lamp sleeve surface while dowsing lamp sleeve surface with acidic
solution.
2. Cleaning Cycle: Field adjustable, from once each hour to once each month.
3. Manual Operation: Furnish operator interface.
2.6 LABELING
1. Provide label on each enclosure identifying make and model of the unit, serial number, and
contact information for service provider. Contact information shall include at the minimum
name, physical address, email address, website, phone number, and unique identifier such as
purchase order, project number, or similar.
2. Provide label on each enclosure identifying panel and breaker that the enclosure is fed power
from. This label may be field installed and printed by a hand held label maker.
3. Provide warning labeling as required by NEC and manufacturer with respect to electrical and UV
hazards.
2.7 SOURCE QUALITY CONTROL
A. Provide shop inspection and testing of completed assembly.
B. Certificate of Compliance: If fabricator is approved by authorities having jurisdiction, submit certificate
of compliance indicating Work performed at fabricator's facility conforms to Contract Documents.
1. Specified shop tests are not required for Work performed by approved fabricator.
PART 3 - EXECUTION
3.1 INSTALLATION
A. The UV Supplier shall furnish instructions and supervise the work of the Contractor regarding
installation of the UV Disinfection System. The Contractor shall install the UV Disinfection System in
strict accordance with UV Supplier’s instructions.
B. The UV Supplier shall complete the Manufacturer’s Certificate of Proper Installation upon satisfactory
installation of the UV System.
3.2 FIELD QUALITY CONTROL
A. Inspection and Functional Testing:
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1. Operate UV system for minimum two consecutive days with plant water.
2. Test and Inspect:
a. Proper installation and alignment of UV support racks and frames.
b. Watertightness.
c. Electrical wiring and connections.
d. Instrumentation, alarms, and indicators.
e. ON-OFF and HAND-OFF-AUTO switches and ground fault circuit interrupters.
f. Lamp removal system.
g. Lamp cleaning system.
B. Performance Testing:
1. After installed UV equipment has been inspected and functional test has been completed, begin
performance testing.
2. Collect samples at or near peak flow rate.
3. Analyze samples for following parameters:
a. Fecal coliform, MPN per 100 mL, immediately upstream of UV treatment equipment.
b. Fecal coliform, MPN per 100 mL, immediately downstream of UV treatment equipment.
c. Percent UV transmittance (UVT) at 254 nm, immediately upstream of UV treatment
equipment.
4. Test for 3 continuous days, and collect and analyze samples three times in each 24-hour period.
5. If sample results do not meet specified performance, retest for minimum two additional
consecutive days or until acceptable bacteriological results have been obtained.
C. Manufacturer Services:
1. Furnish services of manufacturer's representative experienced in installation of products
furnished under this Section for not less than 5 days on Site for installation, inspection, startup,
field testing, and instructing Owner's personnel in maintenance of equipment.
D. Equipment Acceptance:
1. Adjust, repair, modify, or replace components failing to perform as specified and rerun tests.
2. Make final adjustments to equipment under direction of manufacturer's representative.
E. Furnish installation certificate from equipment manufacturer's representative attesting that equipment
has been properly installed and is ready for startup and testing.
3.3 DEMONSTRATION
A. Demonstrate equipment startup, shutdown, routine maintenance, and emergency repair procedures to
Owner's personnel.
B. Record demonstration and provide digital copy to client. Recording with a cellphone (or similar) is
sufficient. Client shall have the right to use and redistribute the video copy.
END OF SECTION 466613
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Department of Environmental
Conservation
Division of Water
Engineering Support and Plan Review
dec.alaska.gov
septic.alaska.gov
November 1, 2023 Plan Tracking No.: PA-000166
Discharge Permit: AK0062282
RE: Kodiak Fisheries Research Center
Contaminated Seawater Disinfection System Upgrades
Maximum Daily Flow: 360,000 GPD
Approval to Construct
Chrisi Meyn, P.E.:
On 5/23/2023, the Alaska Department of Environmental Conservation (ADEC or Department) received a
submittal requesting construction approval for the Kodiak Fisheries Research Center located in Kodiak. The
information was reviewed in accordance with Wastewater Disposal Regulations 18 AAC 72 and construction
approval is granted.
Project Description
To improve the quality of the finished treated effluent prior to discharge, this project will:
•Replace the sand in the existing media filters,
•Install two, parallel Trojan (or equivalent) ultraviolet disinfection units in parallel to the existing chlorine
contact disinfection chambers,
•Install two replacement chemical pumps to dose sodium metabisulfite to inactivate any residual chlorine,
•Install a battery of water quality monitoring equipment, and
•Install a variety of piping, valves, fittings, and other associated appurtenances.
The existing chlorine contact disinfection chambers will be valved off and bypassed but retained for continued use
as a backup system.
Approval to Operate Requirements
This construction approval includes a 90 day interim approval to operate provided that construction substantially
complied with the approved design drawings. In order to receive final operational approval, please submit the
following information within 60 days of the completion of this project:
1. Written request for operational approval that includes a statement regarding any changes made during
construction
2. Record drawings prepared (signed and dated) by the engineer responsible for observing the construction
of this project (The Department prefers drawings that are no larger than 11” x 17”.)
3. Certification of Construction form complete with signatures from the Owner, Construction Contractor,
and Engineer (A copy of this form may be downloaded and printed from the Department of
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2
Kodiak Fisheries Research Center
Contaminated Seawater Disinfection System Upgrades
11/1/2023
Environmental Conservation website http://dec.alaska.gov/water/wwdp/onsite/pdf/construction.pdf or
a copy will be provided upon request.)
If the approval to operate requirements cannot be met within 90 days of construction completion, an extension of
the interim approval to operate must be requested at least 30 days in advance by addressing item 3-4 above.
Disclaimers
Approval of submitted plans is not approval of omissions or oversights by this office or noncompliance with any
applicable regulation. The Department's construction approval does not guarantee correctness or the functionality
of the design, or waive the owner's responsibility for continued compliance with state regulations. Deviations from
approved plans which affect capacity, flow, pressure, operation, compliance, or materials of major system
components must be approved by this Department prior to their construction or implementation.
This approval is valid for two years from the date of this letter. If the applicant fails to construct, alter, install,
or modify the system, the approval is void and plans must be resubmitted for department review and approval
according to 18 AAC 72.200.
This approval is contingent upon your receipt of any other state, federal, or local authorizations which are
required for your project. You are required to obtain all other necessary authorizations before proceeding with
your project. This approval does not imply the granting of additional authorizations nor obligate any state, federal,
or local regulatory body to grant required authorizations.
Informal Reviews and Adjudicatory Hearings
A person authorized under a provision of 18 AAC 15 may request an informal review of a contested decision by
the Division Director in accordance with 18 AAC 15.185 and/or an adjudicatory hearing in accordance with 18
AAC 15.195 – 18 AAC 15.340. See DEC’s “Appeal a DEC Decision” web page
https://dec.alaska.gov/commish/review-guidance/ for access to the required forms and guidance on the appeal
process. Please provide a courtesy copy of the adjudicatory hearing request in an electronic format to the parties
required to be served under 18 AAC 15.200. Requests must be submitted no later than the deadline specified in 18
AAC 15.
If you have questions please contact me at (907) 269-7519 or by e-mail at bill.rieth@alaska.gov.
Respectfully,
Environmental Engineer
cc: Dave Conrad, dconrad@kodiakak.us
Amber Bennett, amber.bennett@alaska.gov
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Payment Voucher
Qty Description Unit Price
1.00 Staff Time Hourly Fee 2244.00
Total 2244.00
Invoice Date: 11/01/2023
Invoice Number: N278-XHY1-JG48
Invoice Amount: 2244.00
Program ID: HPT-VQ4B-DRWWB
Site: Kodiak Fisheries Research Center
301 Research Ct
Kodiak, AK 99615
Site Name: Kodiak Fisheries Research Center Total Due: $2244.00
Program ID: HPT-VQ4B-DRWWB
Invoice Number: N278-XHY1-JG48
•To pay by telephone, please contact the Division of Administrative Services at (907) 269-0484.
•To manage your permit or authorization or make a payment online, please log on to the Alaska DEC Environmental Data Management
System (EDMS) at http://dec.alaska.gov/Applications/Water/EDMS. For assistance with EDMS, please contact EDMS help at
edms.help@alaska.gov or contact Kirk Haug at 907-465-5353.
•For questions related to your permit or authorization outside of making a payment please contact Tonya Bear at (907) 451-2177.
•If you mail a check, please make the check payable to "State of Alaska”. Include “EDMS” and the invoice number in the memo field on
your check.
To ensure proper credit if paying by mail, please return this portion of the invoice with your payment to the address below. Payment due
upon receipt and will be past due 30 days from invoice date.
Alaska Department of Environmental Conservation
Division of Administrative Services – Water
PO Box 111800
Juneau, AK 99811-1800
(907) 269-0484
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FILTERED
SEAWATER
RESERVOIRS
RAW SEAWATER
RESERVOIRS
LABS, TOUCH
TANKS, ETC
CONTAMINATED
SEAWATER SUMP &
TREATMENT
100,800 GPD
10,080 GPD
110,880 GPD
OCEAN OUTFALL
110,880 GPD
PLOT DATE:SHEET NO.
REVIEWED
DESIGNED
DRAWN
DATE
PROJECT NO.
0"1"
VERIFY SCALE
BAR REPRESENTS 1" ON
ORIGINAL DRAWING
IF BAR IS NOT 1", ADJUST DRAWING SCALE
ACCORDINGLY
A B C D
12310/21/2022 3:06:33 PMChecker
1
Designer
Author
10.21.2022
21902.00KODIAK FISHERIES AND RESEARCH CENTERAPDES DISCHARGE PERMIT APPLICATIONFACILITY FLOW LINE DRAWINGSTATUS
REVISION SCHEDULE
# DESCRIPTION DATE
FILTERED
SEAWATER
RESERVOIRS
RAW SEAWATER
RESERVOIRS
LABS, TOUCH
TANKS, ETC
CONTAMINATED
SEAWATER SUMP &
TREATMENT
100,800 GPD
10,080 GPD
110,880 GPD
OCEAN OUTFALL
110,880 GPD
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Areas to be installed after
permit issuance
FIGURE 3 AGENDA ITEM #2.b.Discussion Of KFRC Saltwater Disinfection System Funding And Authorizati...Page 275 of 344
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FR E G ISTERED PROFESSIONAL ENGINEERChristine R. MeynCE-156407∅AGENDA ITEM #2.b.Discussion Of KFRC Saltwater Disinfection System Funding And Authorizati...Page 277 of 344
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FR E G ISTERED PROFESSIONAL ENGINEERChristine R. MeynCE-156407≤
≤ AGENDA ITEM #2.b.Discussion Of KFRC Saltwater Disinfection System Funding And Authorizati...Page 278 of 344
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FR E G ISTERED PROFESSIONAL ENGINEERChristine R. MeynCE-156407PIPE INSTALLATION
PIPING
GENERAL VALVES
PIPE SUPPORTS
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FR E G ISTERED PROFESSIONAL ENGINEERChristine R. MeynCE-1564071
D601
3
D601
5
D601
2
D602
1
D602
2
D601
4
D602
4
D601
3
D601
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OETATS49TH AAKSAL
FR E G ISTERED PROFESSIONAL ENGINEERChristine R. MeynCE-1564071
D603
2
D603
1&2
D501
1
D503
3
D603
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ENTER OETATS49TH AAKSAL
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FR E G ISTERED PROFESSIONAL ENGINEERChristine R. MeynCE-156407PIPE SUPPORT SPANS
NOMINAL PIPE SIZE
(INCHES)
MAX SCH 80 PVC
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FR E G ISTERED PROFESSIONAL ENGINEERIan L. HofmannEE-13829·
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·
·
·
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Department of Environmental
Conservation
Division of Water
Engineering Support and Plan Review
dec.alaska.gov
septic.alaska.gov
November 1, 2023 Plan Tracking No.: PA-000166
Discharge Permit: AK0062282
RE: Kodiak Fisheries Research Center
Contaminated Seawater Disinfection System Upgrades
Maximum Daily Flow: 360,000 GPD
Approval to Construct
Chrisi Meyn, P.E.:
On 5/23/2023, the Alaska Department of Environmental Conservation (ADEC or Department) received a
submittal requesting construction approval for the Kodiak Fisheries Research Center located in Kodiak. The
information was reviewed in accordance with Wastewater Disposal Regulations 18 AAC 72 and construction
approval is granted.
Project Description
To improve the quality of the finished treated effluent prior to discharge, this project will:
•Replace the sand in the existing media filters,
•Install two, parallel Trojan (or equivalent) ultraviolet disinfection units in parallel to the existing chlorine
contact disinfection chambers,
•Install two replacement chemical pumps to dose sodium metabisulfite to inactivate any residual chlorine,
•Install a battery of water quality monitoring equipment, and
•Install a variety of piping, valves, fittings, and other associated appurtenances.
The existing chlorine contact disinfection chambers will be valved off and bypassed but retained for continued use
as a backup system.
Approval to Operate Requirements
This construction approval includes a 90 day interim approval to operate provided that construction substantially
complied with the approved design drawings. In order to receive final operational approval, please submit the
following information within 60 days of the completion of this project:
1. Written request for operational approval that includes a statement regarding any changes made during
construction
2. Record drawings prepared (signed and dated) by the engineer responsible for observing the construction
of this project (The Department prefers drawings that are no larger than 11” x 17”.)
3. Certification of Construction form complete with signatures from the Owner, Construction Contractor,
and Engineer (A copy of this form may be downloaded and printed from the Department of
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2
Kodiak Fisheries Research Center
Contaminated Seawater Disinfection System Upgrades
11/1/2023
Environmental Conservation website http://dec.alaska.gov/water/wwdp/onsite/pdf/construction.pdf or
a copy will be provided upon request.)
If the approval to operate requirements cannot be met within 90 days of construction completion, an extension of
the interim approval to operate must be requested at least 30 days in advance by addressing item 3-4 above.
Disclaimers
Approval of submitted plans is not approval of omissions or oversights by this office or noncompliance with any
applicable regulation. The Department's construction approval does not guarantee correctness or the functionality
of the design, or waive the owner's responsibility for continued compliance with state regulations. Deviations from
approved plans which affect capacity, flow, pressure, operation, compliance, or materials of major system
components must be approved by this Department prior to their construction or implementation.
This approval is valid for two years from the date of this letter. If the applicant fails to construct, alter, install,
or modify the system, the approval is void and plans must be resubmitted for department review and approval
according to 18 AAC 72.200.
This approval is contingent upon your receipt of any other state, federal, or local authorizations which are
required for your project. You are required to obtain all other necessary authorizations before proceeding with
your project. This approval does not imply the granting of additional authorizations nor obligate any state, federal,
or local regulatory body to grant required authorizations.
Informal Reviews and Adjudicatory Hearings
A person authorized under a provision of 18 AAC 15 may request an informal review of a contested decision by
the Division Director in accordance with 18 AAC 15.185 and/or an adjudicatory hearing in accordance with 18
AAC 15.195 – 18 AAC 15.340. See DEC’s “Appeal a DEC Decision” web page
https://dec.alaska.gov/commish/review-guidance/ for access to the required forms and guidance on the appeal
process. Please provide a courtesy copy of the adjudicatory hearing request in an electronic format to the parties
required to be served under 18 AAC 15.200. Requests must be submitted no later than the deadline specified in 18
AAC 15.
If you have questions please contact me at (907) 269-7519 or by e-mail at bill.rieth@alaska.gov.
Respectfully,
Environmental Engineer
cc: Dave Conrad, dconrad@kodiakak.us
Amber Bennett, amber.bennett@alaska.gov
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May 30th, 2021
Project Number: Kodiak Island Borough – Near Island Research Facility Ozone System
Kodiak Island Borough
Engineering/Facilities Department
710 Mill Bay Road, Room 224
Kodiak, AK 99615
Sent Via: Email: Matt Gandel; mgandel@kodiakak.us
RE: Ozone System Review
Dear Matt,
Thank you for all your hospitality last week. The experience of traveling to visiting with you
and staff was something I will remember for years to come.
The original intent of the visit was to visit the facility and see 23-year-old ozone equipment. My
expectation was to see wear and tear of years of operation and environmental aging of equipment
(the rusty car behind the gar sitting for 50 years). This was not the case. The equipment
physical condition is excellent although not operational. There were some interesting finds in
review of the system and these will be discussed throughout this report.
I arrived into Kodiak around 9 am, Wednesday May 26th. Matt picked me up and we made our
way to the facility. My two contacts for the day were Matt Gandel and Eddie Arellano.
System Design Overview
System overall operation was reviewed before attempting to run the ozone system. I have
attached the original “seawater system schematic flow diagram” to help with visualization of the
water flow through the facility. Seawater is drawn from the Gulf of Alaska at the intake pump
station. Water is then sent to one of two water reservoirs. One reservoir is filtered water that its
gravity filtered and the other reservoir is non filtered. The two reservoirs feed the laboratory and
aquarium usage. Typical consumption and through put of water is around 100 gpm. The water
exiting the lab and aquarium is returned to a contaminated water treatment reservoir. When the
reservoir is full, water is filtered (pressure sand filters) (Figure 1) and then to the ozone injection
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system before discharge to the outfall manhole and return back to the Gulf of Alaska.
Figure 1: Pressure Sand Filters
Typical flow through the ozone system and pressure filters is 250 GPM.
The ozone system injection equipment flows 250 gpm of water through two parallel process
trains. Each train flows 125 gpm. Water travels through two injectors (Figure 2), two 600-
gallon contact tanks (Figure 3). This allows around 4-5 minutes of contact time to ensure ozone
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disinfection.
Figure 2: Injectors inside ozone room (ceiling)
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Figure 3: 600 Gallon Contact Tank (One of Two)
ORP (oxidation reduction potential) is the water parameter measured to ensure proper effluent
water disinfection. The ozone system has a current ORP setpoint of around 700 mV. Raw
seawater typically has an ORP of around 250 – 350 mV. The ozone system design is to run the
ozone to achieve the desired ORP setpoint.
System Operation - Current
The current system is fully operational for water movement through the facility. The only thing
not operational is the ozone system. Water flows through the facility and then into the
contaminated waste treatment reservoir, is filtered and then flows to the outfall.
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Matt/Eddie and I reviewed water flow valve settings around the ozone injection system and
contact tank. We closed/throttled the injector bypass valves to ensure the injectors would allow a
gas suction at each ozone generator. The current ozone generators required this vacuum in order
to produce ozone. If there is not enough vacuum the ozone system will not operate. We
observed these vacuum conditions at the vacuum gauge inside each ozone generator (Figure 4).
Figure 4: Vacuum Gauge
Cooling water flow was opened to each ozone generator and we turned on power to the ozone
equipment. We confirmed the oxygen concentrators were making 90% purity oxygen and
verified this with both (the majority of ozone failures originate from bad oxygen feed gas
quality). The ozone production sequence went through its internal PLC startup checklist (feed
gas flow, pressure, vacuum, backflow, etc.). After initial startup sequence we were not able to
initiate ozone production. The ozone generators would not operate (allow power to engage on
the ozone generator cell).
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Without going into great detail, the ozone generators have trouble fault and indication lights
internal to the ozone generator. Figure 5 below shows this and the fault code we were seeing on
both ozone generators. The in codes were all good. The out codes would not allow ozone
production and gave the Output 7 failure. Operator reset would not resolve. We were not able to
observe output two lighting and thus no ozone production. We troubleshot with the help of the
below chart although with no success for ozone production.
Output 7 Light Illuminated
Figure 5: Ozone Generator Indicator Lights
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In summary almost everything in the ozone system was working ok although we were not able to
make ozone. The troubleshooting guide then directs us to check and replace power relays,
variac, HV transformer, etc. We were seeing the exact same issue with the other ozone
generator.
One final note was that both units had the ozone cabinet door switches bypassed. Meaning
during initial start up whoever did this, they had the same problem we saw and were trying to
resolve.
System Component Details
While not being able to make ozone we then started reviewing individual components of the
ozone system for reasons to why ozone was not able to be made.
Oxygen Concentrators:
There are three oxygen concentrators in each ozone generator. These take ambient air
and concentrate the oxygen levels in order to feed 90% purity oxygen to each of the
ozone generators. Each of the oxygen concentrators had minimal hours on them:
The oxygen concentrators show 40 to 79 hours on
each of them. These have not run for the past 23
years. Typically, these will fail in a couple years’
time of operation and thus I was amazed they were
making specified oxygen purity levels (93%).
The other noted item was all of these units are rated
at 50 hz. You can see this in the picture to the left. I
am not sure if this was an oversight in production
although the motors are not designed to run on 60 hZ
power. This may also be the reason they have only
40 hours on them is that they can only run a short
time before they fail (motors get hot running 50 hZ
and trip out).
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Cooling Water:
The ozone generators need potable cooling water. Eddie has to manually open valves to
allow the ozone generators to run. The cooling lines have no indication of water flow
through them. Basically, open and they flow as much water as the water pressure allows.
They really need to have an automatic valve to open/close when ozone is desired and
then a flow meter to set the desired rated flow. For these units it is 0.8 gpm (each).
ORP:
There are a couple concerns with these.
• ORP Analyzer Location
The display showing the ORP value is located inside the ozone generator cabinet. It
is impossible to validate water quality effluent by not monitoring this value and then
hiding it behind a closed door does not good. ORP is a great device to ensure
disinfection although needs to be in a location one can see.
• ORP Sensors
. The ORP sensor needs to be replaced yearly
and calibrated typically on a monthly basis
(as a minimum). These sensors have never
been replaced. The sensors have neither
been calibrated nor cleaned. Removing the
sensor is nearly impossible in that when the
sensor is removed from the pipe all of the
water uphill of the sensor hole will flow out
(getting one’s shoes wet). There should be
a wet tap device attached to the main water
pipe to allow isolation and removal of the
sensor.
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Ozone Destruct(s)/Relief Valve(s)
Undissolved ozone gas is vented from the top of each of the water tanks and directed to
ozone destructs. The destructs are catalyst type media destructs that convert ozone to
oxygen. The media in these needs to be kept dry. When they get wet, they fail and will
not allow gas to flow through them and not destroy ozone. The plumbing configuration
at the ozone destructs don’t have a union for removal of the destruct chamber from the
system plumbing. This makes it impossible to remove the destructs and bring down to
inspect and clean. A simple union connection at the destruct connection would fix this.
It was noted one of the two destruct devices heater band is not working. The heater band
helps ensure no moisture present in the catalyst. Without the slight heat the moisture will
saturate the media and cause issues as mentioned above.
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Ambient Ozone Analyzers
The ambient ozone monitors continually “sniff” for any ozone gas. If ozone is detected they will
turn off the ozone generators. The displays are mounted outside of the ozone room and the
actual ozone sensing devices are located inside the ozone room. There are two I assume for
redundancy and reliability.
The sensors like the ORP sensors should be changed yearly. These probably have never been
changed. These units are no longer manufactured and should be replaced. I would recommend
having one inside the ozone room and then one outside (near the ozone contacting area).
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Ozone Generators
The two Del Infinity Series Ozone Generators (CD-75) are no longer supported. Del was sold to
CMP (Custom Molded Products) back in 2017. The office was closed in California and they
moved everything back to Georgia. We have reached out to them to get any available parts
although await any availability. Even if we are able to get this running when it does need any
parts it will be nearly impossible to source.
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Summary
I have been around ozone for over 30 years and have seen what environments and age does to
ozone equipment. I was expecting to find worn out, run down equipment during my visit. I was
very surprised at the quality and longevity of all of the ozone equipment. This said, not having it
ever run for 23 years is the main reason of its condition.
The water side of the system is solid. The ozone contact tanks will not show any signs of
degradation of ozone as there has been none. The injectors and mixing system are just as solid
and will be for years to come. The relief valves have been in operation and were shown to be in
need of replacement. They we emitting small amounts of water to the destruct device. The
ozone off gas devices should also be inspected at a minimum although should be replaced. The
ORP sensors need attention and probably just replace with new. The new ORP analyzer location
should be in the main equipment room with display for all to see. The ORP sensors should be
replaced and integrated with a new wet tap device in the main water line so one can
remove/clean/calibrate as needed.
The ambient ozone monitors should be replaced. The manufacturer no longer is around and thus
replacement sensors, etc. are not available.
For the ozone generator these are no longer supported and even if we could get them running
there are no available parts for the key ozone generation portion of the unit.
The visit almost was able to get the ozone units operational although we were not able to get
there. We were able to adjust valves, settings, and get the system functionally operational
although without ozone being produced. The other concern is if indeed we were or are able to
get the ozone running the oxygen units supplied at 50 hZ may not allow continuous operation.
To get ozone back up and running the following components should be integrated into the
facility:
Two (2) Ozone Generators, Air cooled with cabinet AC (this will eliminate the cooling water)
One (1) Air Compressor Package
One (1) Oxygen Concentrator Package
Two (2) ORP Analyzers with Sensor and Wet Tap Saddle
Two (2) Ambient Ozone Analyzers
Two (2) Degas Relief Valves
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Two (2) Ozone Destructs/Demisters
Automation/Validation of the System
One final note was there was a request to allow automation and validation of the system
operation. The water flow of the system basically does this already. The contaminated water
basin fills/drains automatically. The pressure filter pump turns on/off based on the water level.
With these pumps on the ozone system can automatically run (based on a vacuum switch in the
ozone generator) and run to maintain desired ORP setpoint. The ORP analyzer has a built-in
relay for low ORP as well as an analog output you can bring to your main control panel and
monitor ORP and trend. ORP can be the single point of validation for sterilization of the effluent
water.
Thank you again for the hospitality and working with me through all of this. I hope it was
beneficial to better understand the system. It was very useful for me to see and I have an
excellent understanding of the system. I hope I have covered most concerns or questions
although please let me know what I have missed or not presented properly.
Regards,
John
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QUOTATION
QUOTE TO: Kodiak Island Borough DATE: 01 June, 2021
710 Mill Bay Road, Room 224 Tel: 907-486-9211
Kodiak, AK 99615 Fax: 907-486-9347
Email: mgandel@kodiakak.us
ATTN: Matt Gandel
end, WI 53095
SUBJECT: Replacement Ozone Equipment
We are pleased to submit our quotation in accordance with your recent request: Q# 5454
Item Qty Description Total Price
A 1 Air Equipment Skid $ 19,350.00
Air compressor skid, simplex 7.5 hp compressor,
receiver with timed electric drain, simplex filter train
208-230 or 480vac/3ph + 115vac/1ph, compressor on the right
Air Compressor – Kaeser Type
Operating Pressure: 125 psig
Capacity at Pressure: 28 SCFM
Motor: 7.5 hP, 208-230/3/60
B 1 Oxygen Concentrator $ 12,700.00
General:
Oxygen Output: 80 SCFH @ 0-45 psig
2.1 Nm3/hr @ 0-310 kPa
Dewpoint: -115° F [-82° C]
Oxygen Purity: 90% +/- 5%
Feed Air Requirements:
20 SCFM @ 90-125 psig
31.8 Nm3/hr @ 620-860 kPa
Dimensions: 20” W x 16” D x 60” H
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51 cm W x 41 cm D x 152 cm H
Weight: 340 lb. (155 kg)
Power Req: 120 VAC, 60 Hz, 1 Phase (1.5 ampere)
To Include Oxygen Receiver and Accessory Kit
C 1 Ozone Generator Package Duplex 70 Gram/hr $ 69,400.00
Production Capacity: 140 grams/hr (7 lb/day)
DUAL 70 gram/hr Ozone Generators
Power Connection: 208 - 230 Volt, 1 phase, 60 hZ
2 Ozone Water Systems Model: OWS-70B
Ozone Output: 70 grams/hour (Block)
Oxygen Gas Flow: 0 – 40 SCFH
Operating Pressure: 10 psig (100 psi max pressure)
Air Cooled
Dimensions: 36” x 18” x 72” (l x w x h)
Control: 4 – 20 mA (or manual)
To include:
Inlet Pressure Switch and Indicator
Gas Flow Meter
Gas Flow Switch (Optical)
Inlet Feed Gas Solenoid Valve
Gas Pressure Regulator
Outlet Needle Valve
Oxygen Analyzer with Display
“Remote ON/OFF”
To include built in ambient ozone analyzer
2 Backflow Prevention Device
Dimensions; 7” wide x 15” tall x 6” deep
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Wetted Materials: Stainless Steel
Weight: 8 Pounds
Drain Condesnate
Compound Gauge: -30 – 30 psig for Pressure Indication
1 Enclosure Mount Items – Stainless Steel
Free Standing Single Door Access Enclosure, 30” wide x 18”
Deep x 60” high.
1 Air Conditioned Cabinet – Stainless Steel
1 PLC/PID Controller
One Analog Input and One Individual Output (one Per Generator)
D 2 CBA-ORP-9900-DRY-24v $ 7,100.00
ORP Analyzer with Signet 9900 Display, Preamp, and Sensor
2 OWS-WTA-4in-rev2
OWS Wet Tap 4in Assembly, includes saddle, probe pickup,
sensor body, valve spool, o-rings, and assembly hardware
E 1 CBA-AmbO3Alarm-1max-24v Ambient Ozone Analyzer $ 2,100.00
Ambient Ozone Alarm / Transmitter, 24vdc. Includes: OEM-3 1ppm,
w/Red & Blue LEDs, ,3.5 Digit Color, Panel Meter, TFT, DPDT relay,
24VDC coil, 8A
1 RAP-amber, Remote Alarm Panel (Strobe/Audible)
Wall mounted strobe horn white with amber lens, RAP remote alarm
panel. 24 VDC. 1 each O3 warning sign included.
F 2 RV-1 Degas Relief Valve $ 2,400.00
Inlet : 3/4" FNPT
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Outlet: ½” FNPT
Max Press: 50 PSIG (345 kPa)
Flow Rate: 0-10.0 SCFM @ 50 psid
0-5.0 SCFM @ 25 psig
Height: 14-1/2"
Width: 8” (20.3 cm)
Material: PVC/ Teflon
Weight: 9 pounds
G 2 Ozone Off Gas Destruct(s); DESTR072CFH $ 2,200.00
Ozone destruct, 85-240VAC, 20"x1¼",1.2SCFM/72scfh,
SS,½"fnpt port
2 Demister Assemblies; OWS-DPT-SD-1.25"
Demister / Ptrap Assembly, 1/2" inlet and outlet, 1¼"x2½" trap,
6.0 scfm max, ½"FNPT drain, no neck
H 1 Start Up/Training $ 4,500.00
One Trip Allowed, Three Days On-Site Allowed. All expenses included.
GRAND TOTAL: $ 119,750.00
Applicable Federal, State, and local taxes not included.
FCA Point: Factory, Phoenix, AZ Equipment prices
Delivery to Carrier: 10-12 weeks (ARO & APPVD DRWGS). quoted are valid
Payment Terms: TBD for 45 days.
Quotation By: John M. Overby
5401 S. 39th Suite 1 Phoenix, AZ 85040
480-421-2400 Tel. 480-421-2300 Fax.
www.ozonewatersystems.com
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STATE OF ALASKA Permit No. CF-20-006
DEPARTMENT OF FISH AND GAME
P.O. Box 115526 Expires: 12/31/2020
JUNEAU, ALASKA 99811-5526
AQUATIC RESOURCE PERMIT
(For Scientific/Collection/Tagging Purposes)
This permit authorizes: Leah Zacher
(whose signature is required on page 2 for permit validation)
of
NOAA Kodiak Fisheries Research Center
301 Research Court, Kodiak, AK 99615
(907)481-1730 leah.zacher@noaa.gov
to conduct the following activities from November 20, 2020 to December 31, 2020 in accordance with AS 16.05.930, AS
16.05.340(b) and 5 AAC 41.600.
Purpose: This project is to study mortality rates of tagged crab and tag retentions during molts.
Species: 20 male and 30 female red king crab (Paralithodes camtchaticus)
Method of Collection: Crabs previously collected under CF-19-110. No new collections will be made.
Disposition: Crabs will be tagged with acoustic tags and held live at Kodiak Fisheries Research Center. Crabs will be
destroyed at the end of the project or donated to another permitted facility with adequate measures.
A HOLDING REPORT IS DUE December 1, 2020 and a COMPLETION REPORT IS DUE June 30, 2021. See
Stipulations section for more information. Data from such reports are considered public information. Reports must be
submitted to the Alaska Department of Fish and Game, Division of Commercial Fisheries, PO Box 115526, Juneau, AK
99811-5526, attention Michelle Morris (907-465-4724; dfg.fmpd.permitcoordinator@alaska.gov). A report is required
whether or not collecting activities were undertaken.
GENERAL CONDITIONS, EXCEPTIONS AND RESTRICTIONS
1. This permit must be carried by person(s) specified during approved activities who shall show it on request to persons authorized to
enforce Alaska's fish and game laws. This permit is nontransferable and will be revoked or renewal denied by the Commissioner of
Fish and Game if the permittee violates any of its conditions, exceptions or restrictions. No redelegation of authority may be allowed
under this permit unless specifically noted.
2. This permit is for nonpropagative research that requires maintaining live specimens for some amount of time after capture.
3. No specimens taken under authority hereof may be sold, bartered, or consumed. All specimens must be deposited in a public
museum or a public scientific or educational institution unless otherwise stated herein. Subpermittees shall not retain possession of
live animals or other specimens.
4. The permittee shall keep records of all activities conducted under authority of this permit, available for inspection at all reasonable
hours upon request of any authorized state enforcement officer.
5. Permits will not be renewed until detailed reports, as specified in the Stipulation section, have been received by the department.
6. UNLESS SPECIFICALLY STATED HEREIN, THIS PERMIT DOES NOT AUTHORIZE the exportation of specimens or the taking of
specimens in areas otherwise closed to hunting and fishing; without appropriate licenses required by state regulations; during closed
seasons; or in any manner, by any means, at any time not permitted by those regulations.
Peter Bangs 11/20/19
Deputy or Assistant Director
Division of Commercial Fisheries
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CF-20-006 continued (page 2 of 2)
Authorized Personnel: The following personnel may participate in collecting activities under terms of this permit:
Leah Zacher.
Employees and volunteers under the direct supervision of, and in the presence of, one of the authorized personnel listed above may
participate in collecting activities under terms of this permit.
Stipulations:
1. Permits will indicate the number of specimens that may be taken by species and life stage. Sampling or collecting
activities must stop when the maximum allowable number of specimens is obtained. All live fish, shellfish, and aquatic
plants collected in excess of the number specified on the permit must be released immediately and unharmed at the
capture location, unless otherwise specified in the permit. All unintended mortalities must be recorded and returned to
capture site waters.
2. Specimens collected under the authority of this permit are ONLY to be used for the purposes outlined in this permit.
3. A copy of this permit, including any amendments, must be made available at all field collection sites and project sites for
inspection upon request by a representative of the department or a law enforcement officer.
4. The quarantine procedures listed must be followed at the Kodiak Fisheries Research Center:
a. Disinfection of transport containers with 100 ppm iodophor or 200 ppm of bleach.
b. Specimens must be held in separate tanks from other species, or stocks, with fiberglass lids.
c. Controlled access to the tanks either by separate room or visqueen barrier.
d. Use of disinfectant footbath in the controlled access corridor, i.e., in the entryway.
e. Use of separate utensils.
f. Disinfection of the effluent with ozone, bromine, or chlorine.
5. Issuance of this permit does not absolve the permittee from compliance in full with any and all other applicable federal,
state, or local laws regulations, or ordinances.
6. A report of holding activities, referencing this aquatic resource permit, must be submitted 30 days before the
expiration of this permit. This report must summarize the number of all specimens and the fate of those specimens. A
report is required whether or not holding activities were undertaken.
7. A report of research activities, referencing this aquatic resource permit, must be submitted within 6 months
after the expiration of this permit. This report should present the research conducted in a format similar to a scientific
paper including the following: introduction (objective of the study plan and hypothesis), methods, and results. The report
is ad-hoc and intended to show that the specimens were used in a scientific method and allows for the evaluation of
potential cumulative effects from multiple projects in the same area, but is not intended to be a full peer-reviewed
scientific paper.
8. Failure to comply with the conditions of this permit will result in the loss of future permitting privileges.
9. PERMIT VALIDATION requires permittee’s signature agreeing to abide by permit conditions before beginning collecting
activities:
Signature of Permittee
ecc: Kevin Schaberg, Mark Stichert, Ted Meyers
CF Division Files
Alaska Wildlife Troopers – Kodiak
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From:John Overby
To:Matt Gandel
Subject:RE: KFRC ozonator
Date:Wednesday, July 21, 2021 2:39:45 PM
Attachments:image001.png
image002.gif
Greetings Matt,
For equipment and start up, yes, 120K.
Not included is freight to you, removing the old equipment, getting the new into the ozone room,
and then power connections. Basically two power drops so should be easy. We will use the existing
ozone gas lines, injector, tanks, etc. The ozone box can power the remote ORP analyzers and
ambient ozone analyzer in the contact room.
Maybe call it 10K for electrical work and misc. items for costing. We can of course confirm this with
a picture or two of you main electrical panel for that room… to ensure what we got and available.
And yes… the replacement equipment would run for 15-20 years with care of looking after it. Like a
car… change the oil, clean filters, etc.
The existing system I believe the air compressors are one of the main causes of this not running.
They again are 50 hZ. You could run a 220 volt, 60 hZ cord to a single oxygen unit and turn it on.
Observe temperature of the compressor and it and when it shuts down. You don’t need to run the
main ozone system, just the single compressor. They should get hot running 60 hZ and will shut
down on thermal overload. If this is indeed the case the system can’t run as configured. Something
Eddie should be able to do pretty easy. This will answer many of the questions.
John
John Overby
overby@ozonewatersystems.com
5401 South 39th Street, Suite 1
Phoenix, Arizona 85040 USA
p: +1 480 421-2400 l f: +1 480 421-2300
Skype: overby-OWS
www.OzoneWaterSystems.com
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From: Matt Gandel <mgandel@kodiakak.us>
Sent: Wednesday, July 21, 2021 2:48 PM
To: John Overby <overby@ozonewatersystems.com>
Subject: RE: KFRC ozonator
John,
We’ve been having continued discussions on the ozonator at KFRC. Just so I’m clear, the $120k
quote you provided would be for all new equipment, correct? Does that include installation? And if
we proceed that would give us a new, reliable system that should last many (20?) years, correct?
Do you have any idea the ballpark cost to try and get the existing system up and running, with the
understanding that it would be a temporary fix?
Matt
From: John Overby <overby@ozonewatersystems.com>
Sent: Tuesday, June 1, 2021 1:36 PM
To: Matt Gandel <mgandel@kodiakak.us>
Subject: RE: KFRC ozonator
Matt,
Please find attached estimate 5454 for the items described in the report that should be addressed in
order to get the system back to full ozone production capacity and design. I haven’t priced in freight
from Arizona to Kodiak.
I itemized all the components to better allow us to shave some budget if needed. Items like the
ozone off gas destructs and relief valves could be refurbished (new heater band), etc if desired.
I am not sure if you are on your family trip this week or not. I will be travelling the next few days and
if you want to review any of this please call my cell phone at 602-628-3106 (anytime).
If you want to attempt to get the Del unit up and running I could see if my expert electrical guy could
visit and attempt to figure this out. This would get you running and making ozone possibly although
when something does go wrong we are down.
Thanks again for your hospitality and support on all of this.
John
John Overby
overby@ozonewatersystems.com
5401 South 39th Street, Suite 1
Phoenix, Arizona 85040 USA
p: +1 480 421-2400 l f: +1 480 421-2300
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Skype: overby-OWS
www.OzoneWaterSystems.com
From: John Overby
Sent: Tuesday, June 1, 2021 9:53 AM
To: Matt Gandel <mgandel@kodiakak.us>
Subject: RE: KFRC ozonator
Greetings Matt,
I hope you had a great weekend.
Please find my report visit. Let me know if you want me to adjust wording or such to better define
objectives from your perspective.
I will work on a price for items in the report.
We might be able to get this running although with the items presented I really don’t think it would
be a reliable/stable unit. A service visit by one of my techs would cost around $ 1,500 if you want to
give it a try?
I will work a quote for items in the report later today.
Thanks again,
John
John Overby
overby@ozonewatersystems.com
5401 South 39th Street, Suite 1
Phoenix, Arizona 85040 USA
p: +1 480 421-2400 l f: +1 480 421-2300
Skype: overby-OWS
www.OzoneWaterSystems.com
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From: Matt Gandel <mgandel@kodiakak.us>
Sent: Thursday, May 27, 2021 9:37 AM
To: John Overby <overby@ozonewatersystems.com>
Subject: KFRC ozonator
John,
I hope you had a easy trip back. Thanks for your time yesterday. It was educational for both me and
Eddie. As we discussed, when you have your report ready please send it to me and I will distribute to
other parties as appropriate. And I believe she already emailed you but any invoices can go directly
to Patricia Valerio at pvalerio@kodiakak.us.
Matt Gandel
Project Manager/Inspector
Kodiak Island Borough
Engineering/Facilities Department
710 Mill Bay Road, Room 224
Kodiak AK 99615
Phone: 907-486-9211
Fax: 907-486-9347
Email: mgandel@kodiakak.us
PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to
provisions of the Alaska Statutes and may be made available to the public upon request.
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Memorandum
Anchorage Office: 3940 Arctic Blvd. Suite 300, Anchorage, AK 99503 | (907) 562‐3252 fax (907) 561‐2273
Palmer Office: 808 S. Bailey St. Suite 104, Palmer, AK 99645 | (907) 707‐1352 www.crweng.com
Report Date: September 14, 2021
To: Dave Conrad
Matt Gandel
From: Rebecca Venot, PE
Ian Hofmann, PE
Project: KFRC Disinfection Site Investigation
Project No: CRW# 21901.00
Subject: Site Visit Report and Process Recommendations
The Kodiak Island Borough (KIB) own and operates the Kodiak Fishery Research Center (KFRC) on Near
Island. The KFRC houses office, records, and laboratory space for NOAA’s fishery research and an
educational aquarium and touch tank. The facility draws raw seawater from the bay for use in the labs
and aquarium, and returns treated sweater to the same bay. The KFRC’s contaminated sweater treatment
system consists of sand filters and ozone for disinfection. The ozone system is not operational and needs
to be replaced. Additionally, the site should have a discharge permit from ADEC, but does not. The intent
of the site visit is to evaluate the existing system to determine options for restoring the disinfection
system.
1. Site Visit Report
Rebecca and Ian traveled to Kodiak on Thursday, September 2, arriving around 9:45 am. Matt met us at
the airport and took us to the KFRC. We toured the facility and then met with Dave and Eddie to talk about
the details of the system. After lunch, Rebecca and Ian continued the evaluation of the facility. The group
met at the end of the day to discuss the findings. Ian and Rebecca departed the KFRC around 5:30 pm.
Friday, September 3, 2021, Ian and Rebecca met Eddie around 7:15 am to revisit the facility to confirm
the backwash operation details. They met with Matt for a ride to the airport around 8:45, and departed
on the 10:10 flight, returning to anchorage around 11:15 am.
2. Contaminated Seawater Treatment System Evaluation
2.1 System Summary
The contaminated seawater (CSW) system collects wastewater from the laboratories, touch pool, and
aquarium and treats it prior to discharge to Trident Basin. The system consists of sand filtration and
ozonation for disinfection.
2.2 Contaminated Seawater Pumps
The CSW flows by gravity into a 10,000 gallon sump located in the Seawater Equipment Room. The sump
has level floats that automatically stop and start the CSW pumps to run the filtration system. The sump
was originally outfitted with a level sensor to display the sump level, but it has failed and should be
replaced. The pumps are original to the facility’s installation, and no spare pumps or motors are on site.
While the pumps may provide many more years of service, a spare should be purchased in event of failure
of a single pump.
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KFRC Disinfection System CRW Engineering Group, LLC
Trip Report & Evaluation Page 2 September 2021
The two seawater pumps (SWP‐6 and SWP‐6A) are fed from panel 1SSB circuit 1, 3,5 and 7, 9, 11
respectively via Motor Starters with HOA switches in the Seawater Equipment Room). The HOA switches
are in the AUTO position.
2.3 Sand Filters
Three pressurized sand filters operate in parallel to remove solids from the CSW. The filter vessels are
wrapped in insulation, and are assumed to be in good condition. There are no leaks or obvious corrosion
points on the vessels. Operations staff indicate that the vessels have not been opened to inspect the filter
media. Presumably some media has been lost over the years, and the filter media should be replaced.
The filters require periodic backwash to remove stored particles and contaminants. Backwash should be
initiated based on the differential pressure across the filters, time/throughput, or filtered water quality.
Backwash water is supplied through a backflow preventer connected to the building’s potable water
supply. During the site visit, a tag on the backflow preventer indicated that one of the two check valves
had failed. The check valve or whole backflow preventer should be replaced promptly. Eddie mentioned
the backflow preventer in the pump house is similarly tagged. If so, it should also be repaired or replaced.
The backwash process is manual and requires the following sequence of operation:
1) Motor Starters for pump SWP‐6 and 6A are put in OFF.
2) Multi Port Valve for the filters are placed into CLOSED.
3) Domestic Water Isolation Valve is opened.
4) Multi Port Valve of the relevant filter is put into BACKWASH.
5) Wait 15 minutes.
6) Multi Port Valve of the relevant filter is put into RINSE.
7) Wait 15 minutes.
8) Filter is ready for production. If other filters need to be filtered, go to step 4. If no other filters
need to be backwashed, continue
9) Close Domestic Water Isolation Valve
10) Multi Port Valve for the filters are placed into FILTRATION.
11) Motor Starters for pump SWP‐6 and 6A are put in AUTO.
Backwash waste water is routed to the backwash sump which drains to the sanitary sewer system.
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KFRC Disinfection System CRW Engineering Group, LLC
Trip Report & Evaluation Page 3 September 2021
Exhibit Photos – Multi Port Valve, Backflow Preventer and Domestic Water Isolation Valve
There are two sets of pressure sensing instruments are present for each filter. On the top of each filter is
a pressure gauge to indicate the pressure at the top of the filter relative to environmental atmosphere.
Across each filter is a Differential Pressure sensor which is relayed to the building automation system
(BAS). The pressure gauges appear to be functional, but the differential pressure sensors do not appear
to be measuring correctly. The tubing connecting the sensors to the filter inlet and outlet piping appears
to be dirty and the sensor enclosures themselves appear to be corroded. It is uncertain if the sensors
themselves have failed or it is just due to the dirty capillaries. The differential pressure sensors should be
replaced to better monitor filter performance.
Exhibit Photos – Pressure Gauge, Differential Pressure Sensor
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KFRC Disinfection System CRW Engineering Group, LLC
Trip Report & Evaluation Page 4 September 2021
2.4 Ozone System
Filtered seawater flows through two parallel ozone treatment systems. Each system includes a venturi
injection point where ozone is injected, then through a 600 gallon contact tank where the ozone reacts
with microbial contaminants that were not removed by filtration. The outlet of each contactor has an
oxidation‐reduction potential (ORP) sensor installed to monitor the ozone concentration in the discharge.
The discharge from the ozone contactors is combined and routed to the upper manhole prior to discharge.
The ozone system requires manual start‐stop with the CSW filtration process.
Exhibit Photos – ORP Sensor, Venturi Injector
Ozone is generated on site in two package ozone generation systems. The ozone generation equipment
is located in a small L‐shaped room off of the main Seawater Equipment Room. The room appears to have
a 1.5 hr rater firewall separated from the rest of the room, and has a dedicated exhaust fan.
The ozone generation equipment were evaluated in May of 2021 by the original equipment supplier. They
found that the equipment was not operational due to a nameplate requirement of the equipment of 220V
at 50 Hz, which is not the power available at the facility. Each Ozone Generator unit has a 208V Single
Phase electrical feed (two out of phase hot cables). Due to the raceway system used, it is undetermined
if both Ozone Generators are on the same circuit or not. The existing one‐line diagram indicates that each
Ozone Generator is fed from panel “1SSB” via a single pole breaker, on circuits 13 and 17. Inspection of
panel ISSB reveals that circuit 13 and 17 are part of a spared 3 pole breaker. Subsequent panel inspection
was unable to determine how the Ozone Generators receive power. Further inspection is required to
determine and document the power feeds for these units. The Ozone Generator overall nameplate
indicates it requires a 240V Single phase feed. Inside the Ozone Generators there are nameplates for
subcomponents, which note that motor requires 220 Volts at 50 Hz.
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KFRC Disinfection System CRW Engineering Group, LLC
Trip Report & Evaluation Page 5 September 2021
.
Exhibit Photos – Overall Panel Nameplate, Component Nameplate
The building is provided 60 Hz power, and the available voltages inside the building appear to be 480V/277
Wye, and 208V/120 Wye, all of which is standard. How the Ozone Generators passed commissioning with
two major electrical issues (units require 240V 50 Hz power and received 208V 60 Hz) is unknown and it
is unlikely the units ever properly functioned even when they were technically running.
There are two Ozone Monitors and Alarms that are mounted outside the Ozone Generation room. While
both units are plugged in to receptacles, the receptacles and the units are currently unpowered.
Exhibit Photos – Ozone Monitors
Based on the electrical mismatch of the ozone equipment it should be replaced in kind or with an alternate
disinfection system, if allowed.
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KFRC Disinfection System CRW Engineering Group, LLC
Trip Report & Evaluation Page 6 September 2021
There is currently no flow measurement through the CSW system. Most discharge permits require flow
measurement to report the total amount of water discharged. A flow meter in each of the 4” pipe runs
from the tank outlet or in the 6” pipe run after the pipe T should be installed.
3. Recommendations
Based on the evaluation and site visit, several types of improvements will improve the operation and
permit compliance of the facility.
3.1 Discharge Permit Application
The ADEC discharge permit process is a self‐reporting activity. Based on preliminary conversation with
Earl Crapps of ADEC’s KIB will need to submit Form 1 and Form 2C of the Alaska Pollutant Discharge
Elimination System (APDES) permit application. The first form is a general form with details about the
facility, and the second provides additional details regarding the discharge from the facility.
During the preliminary conversation, ADEC indicated that disinfection may not be required under the
APDES permit, but since it has been part of the process in the past, they prefer that disinfection continues.
ADEC does not stipulate the type of disinfection required. It is understood that disinfection is required as
part of the fish take permits authorized by ADF&G for the scientific work in the facility. Ongoing
conversation with ADF&G will determine if ozone is the best disinfectant or if UV may be permissible.
Once any capital improvements are identified and planned, the discharge permit documentation should
be submitted.
3.2 Operation and Maintenance Activities
Several O&M activities will improve the performance of the facility in the near term:
1. Clean or replace the capillary tubes for the differential pressure sensors on the sand filters. This
will allow for better measurement of filter performance and indication of when backwash is
required.
2. Maintain Fire rating of wall of Ozone Generator room. Repair the walls and ceiling as appropriate
to maintain fire rating.
3. Procure a spare contaminated seawater pump to have on hand in case of equipment failure.
4. Repair or replace the potable water backflow preventer in the backwash supply.
3.3 Capital Projects
Several capital projects have been identified:
1. Replace the ozone system with new ozone generation equipment or an alternate disinfectant.
a. If ozone is selected, design the replacement system so that it starts and runs
automatically. Provide replacement ORP sensors to monitor and control the process.
Adjust the BAS to monitor the ozone system and annunciate alarms.
b. If UV or an alternate disinfectant is selected, design the system to meet the disinfection
needs of the facility and integrate into the existing controls.
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KFRC Disinfection System CRW Engineering Group, LLC
Trip Report & Evaluation Page 7 September 2021
2. Automate the backwash process. To minimize the requirement for operator activities, the
backwash sequence could be automated. This would be accomplished by replacing the Multiport
Valves and the Domestic Water Isolation valve with automated valves, add a local relay and
indicator panel, and report the status to the BAS.
3. Install SWW Flow Meter(s). Install flow meters after the ozone contact tanks or other disinfection
process. This flow should be wired to the BAS for ease of monitoring and creating reports.
4. Pending the permit requirements, determine if other online instrumentation is required to
monitor the waste stream.
3.4 Electrical Requirements
For any new work, it is important to note that one of the following nominal system voltages should be
used to avoid future issues and minimize installation costs: 208V three phase, 208V Single Phase, 120V
Single phase, all at 60 Hz.
Prior to finishing the design of any new electrical loads, the transformer usage should be obtained from
the utility to confirm the total available power for new equipment. Due to the fact that motors and fans
have been downsized elsewhere in the facility and the likely small load the Ozone Generators require,
there should be no concerns regarding available power availability.
The existing BAS has a functional head end that monitors the building systems and annunciates alarms
appropriately. Any new work that has equipment that has alarms and/or reportable conditions should be
wired to the BAS and the head end graphics updated accordingly. There is ample wall space for enclosures
for relays/DDC controllers if required, and there is a DDC panel in the boiler room above the Sea Water
room to allow connection to the DDC system.
New enclosures and devices in the Sea Water Equipment Room should be NEMA 4X (fiberglass) if possible
to reduce the potential for corrosion.
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Memorandum
Anchorage Office: 3940 Arctic Blvd. Suite 300, Anchorage, AK 99503 | (907) 562‐3252 fax (907) 561‐2273
Palmer Office: 808 S. Bailey St. Suite 104, Palmer, AK 99645 | (907) 707‐1352 www.crweng.com
Date: October 13, 2021
To: Matt Gandel
Dave Conrad
From: Rebecca Venot, PE – CRW Engineering Group, LLC
Project: KFRC Disinfection System Upgrade
Project No: CRW#21901.00
Subject: Improvements Options & Costs
The Kodiak Island Borough (KIB) owns and operates the Kodiak Fishery Research Center (KFRC) on Near
Island. The KFRC houses office, records, and laboratory space for ADF&G and NOAA’s fishery research
and an educational aquarium and touch tank. The facility draws raw seawater from the bay for use in
the labs and aquarium, and returns treated sweater to the same bay. The KFRC’s contaminated sweater
treatment system consists of sand filters and ozone for disinfection, though the ozone system is not
operational at this time.
CRW Engineering Group, LLC (CRW) conducted a site visit in September 2021 to evaluate the system and
develop a path forward for regulatory compliance. This memorandum summarizes the treatment
options to bring the KFRC into regulatory compliance and provides rough order of magnitude costs.
Interim Chlorine Disinfection System
Since the ozone system is not functional, disinfection with chlorine will provide the easiest to implement
and cost effective interim solution to ensure disinfection of wastewater prior to discharge. The chlorine
metering pump would turn on when the flow switch senses flow and run continuously at a rate set on
the front of the pump. A chlorine injection system would consist of the following components:
Chlorine solution vat (this could be the container the chlorine is shipped in)
Chlorine metering pump
Injection point in the process piping
Flow switch to sense flow and turn on pump
Electrical/control disconnects
Design of this work could start immediately and would take 2‐3 weeks, assuming only a single
deliverable. The construction period is likely a week or less once all materials are on site. The work
would be most cost‐effectively completed if the KIB can direct‐hire a plumber and an electrician rather
than a general contractor. The cost estimate attached to this memorandum assumes a general
contractor in case one is required.
Long Term Alternative ‐ Ozone
A service technician from Ozone Water Systems, Inc visited the site in May 2021 and identified the
components needed for a full replacement of the ozone system. The system would operate when the
treatment system is running, turning on automatically and monitoring the ozone generation and
residual in the discharge. Replacing the ozone system would consist of the following system
components:
Two ozone generators
One air compressor
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October 13, 2021
KFRC Disinfection System Upgrade
Improvements Options & Costs
2 of 2
One oxygen concentrator
Two ORP analyzers
Two ambient ozone analyzers
Two relief valves
Two ozone destruct units
Electrical and controls
Design of this work could start immediately and would take approximately 12 weeks, assuming one draft
and one final deliverable for KIB review. The ozone equipment procurement is the longest component of
the schedule. If KIB selects this alternative, purchasing the ozone equipment for installation by a general
contractor will help expedite the project schedule. The actual on‐site construction time is on the order
of 4‐6 weeks.
Long Term Alternative – UV Disinfection
UV disinfection would require removal of the existing ozone equipment and contactors to make room
for the UV equipment. The equipment would consist of the following components:
Duty and standby UV reactors
Flow meter
Control and power panels
UV intensity sensor
Electrical and Controls
Design of this work could start immediately and would take approximately 12 weeks, assuming one draft
and one final deliverable for KIB review. The UV equipment procurement is the longest component of
the schedule. If KIB selects this alternative, purchasing the ozone equipment for installation by a general
contractor will help expedite the project schedule. The actual on‐site construction time is on the order
of 4‐6 weeks.
Rough Order of Magnitude Cost Estimates
The attached cost estimates include budgetary estimate costs for the treatment options identified
above. They are summarized in the table below. Quotes or website pricing were used when available,
though no quote was available for the UV equipment. Labor costs assume local crews. The estimates do
not include the effort for ADEC permitting. The discharge permit application will require the same level
of effort for each alternative. UV disinfection may require additional permitting effort to coordinate with
ADF&G, as they do not prefer UV disinfection as a treatment technique. The estimates do not include
other recommended improvements such as backflow preventer replacement or spare parts
procurement.
Cost Component Chlorine Ozone UV
Subtotal w/ General Conditions: $34,360 $379,000 $289,400
Construction Total $42,000 $462,000 $354,000
Engineering $7,500 $69,300 $53,100
SDC $7,500 $46,200 $35,400
Owner's Management $2,100 $23,100 $17,700
Contingency $12,600 $138,600 $106,200
Total Project Cost $71,700 $739,200 $566,400
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Interim Chlorine Disinfection
ITEM NO. WORK DESCRIPTION UNIT
TOTAL
QUANT.
UNIT
PRICE
TOTAL
COST
1 Metering pump LS 1 $5,000 $5,000
2 Piping LS 1 $2,000 $2,000
3 Chemical Vat LS 1 $1,000 $1,000
4 Equipment Install LS 1 $5,760 $5,760
5 Electrical & Controls LS 1 $11,600 $11,600
Subtotal Direct Costs:$25,360
General Conditions (25%)$6,000
Mobilization/Demobilization (10%)$3,000
Subtotal w/ General Conditions:$34,360
Prime Contractor Overhead (12%)$4,000
Prime Contractor Profit (8%)$3,000
Builder's Risk & Gen Liab Ins (1%)$0
Payment & Performance Bonds (1.16%)$0
Subtotal w/ Prime Markups $42,000
Construction Total $42,000
Enginering $7,500
Services During Construction (1 site visit + offce support) $7,500
Owner's Management 5% $2,100
Contingency 30% $12,600
Total Project Cost $71,700
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Ozone Disinfection
ITEM NO. WORK DESCRIPTION UNIT
TOTAL
QUANT.
UNIT
PRICE
TOTAL
COST
1 Replacement Ozone Equipment LS 1 $120,000 $120,000
2 Equipment Installation LS 1 $60,000 $60,000
3 Electrical LS 1 $36,000 $36,000
4 Controls LS 1 $65,000 $65,000
Subtotal Direct Costs:$281,000
General Conditions (25%)$70,000
Mobilization/Demobilization (10%)$28,000
Subtotal w/ General Conditions:$379,000
Prime Contractor Overhead (12%)$45,000
Prime Contractor Profit (8%)$30,000
Builder's Risk & Gen Liab Ins (1%)$4,000
Payment & Performance Bonds (1.16%)$4,000
Subtotal w/ Prime Markups $462,000
Construction Total $462,000
Enginering 15.00% $69,300
Services During Construction 10% $46,200
Owner's Management 5% $23,100
Contingency 30% $138,600
Total Project Cost $739,200
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UV Disinfection
ITEM NO. WORK DESCRIPTION UNIT
TOTAL
QUANT.
UNIT
PRICE
TOTAL
COST
1 UV Equipment LS 1 $100,000 $100,000
2 UV Install LS 1 $50,000 $50,000
3 Demolish Ozone System LS 1 $14,400 $14,400
4 Electrical LS 1 $20,000 $20,000
5 Controls LS 1 $30,000 $30,000
Subtotal Direct Costs:$214,400
General Conditions (25%)$54,000
Mobilization/Demobilization (10%)$21,000
Subtotal w/ General Conditions:$289,400
Prime Contractor Overhead (12%)$35,000
Prime Contractor Profit (8%)$23,000
Builder's Risk & Gen Liab Ins (1%)$3,000
Payment & Performance Bonds (1.16%)$3,000
Subtotal w/ Prime Markups $354,000
Construction Total $354,000
Enginering 15.00% $53,100
Services During Construction 10% $35,400
Owner's Management 5% $17,700
Contingency 30% $106,200
Total Project Cost $566,400
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From:Rebecca Venot
To:"Allie Conrad - NOAA Federal"
Cc:Alix Laferriere - NOAA Federal; Dave Conrad; mike.litzow@noaa.gov; Alma Garcia-Tuia - 10PMBB; Jena
Hassinger; Patricia Valerio; Eddie Arellano; Christi Meyn
Subject:RE: KFRC Disinfection System
Date:Tuesday, January 31, 2023 7:20:30 PM
Allie,
Thanks for the response on these.
We are in the early stages of working with ADEC to establish what the discharge limits for
disinfectants and other parameters of concern may be. We expect that there will likely be limits on
chlorine, which it looks like you use in the chiller pumps.
I expect as we move forward we’ll have more dialogue with ADEC, and we will keep you in the loop
as we know new information. Our goal is to have as little impact on your operation and work as
possible.
Rebecca
From: Allie Conrad - NOAA Federal <allie.conrad@noaa.gov>
Sent: Thursday, January 19, 2023 3:25 PM
To: Rebecca Venot <RVenot@crweng.com>
Cc: Alix Laferriere - NOAA Federal <alix.laferriere@noaa.gov>; Dave Conrad <dconrad@kodiakak.us>;
mike.litzow@noaa.gov; Alma Garcia-Tuia - 10PMBB <alma.garcia-tuia@gsa.gov>; Jena Hassinger
<jhassinger@kodiakak.us>; Patricia Valerio <pvalerio@kodiakak.us>; Eddie Arellano
<earellano@kodiakak.us>; Christi Meyn <cmeyn@crweng.com>
Subject: Re: KFRC Disinfection System
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi all,
Sorry for the delay in replying. I've attached the SOPs we're using the lab for cleaning and
disinfecting.
Current and possible future pathogen work in the lab include:
- Bitter Crab Syndrome
- new RLO (Rickettsia-like organism) observed this summer in crabs we assumed had Bitter Crab
Syndrome (State Pathologist Ted Meyers wrote up a report on this for us - I can share if needed).
Here's a blurb from the report:
The clinical signs of these snow crabs that were assumed to be due to Hematodinium infection were
similar to milky hemolymph syndrome (MLS) described in other crustaceans (Nunan et al. 2010)
AGENDA ITEM #2.b.
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caused by rickettsia-like organisms (RLOs). Small pleomorphic rod-shaped prokaryotic bacteria were
present in the hemolymph smears and tissues of all snow crabs examined from this case.
- potential (unknown) pathogens associated with oyster culturing work slated to begin in 2023
- potential (unknown) pathogens associated with kelp seed hatchery work (current and ongoing)
Other additions to the effluent discharge:
- CO2 gas used to alter the pH of the water in ocean acidification experiments
- heating / chilling of water to mimic rising ocean temperatures in experiments
- Geranium oxide is diluted to non-hazardous levels in the kelp hatchery to control diatom growth
- F/2 Algae food is used in the kelp hatchery to fertilize tanks
My discharge questions include:
- What are the acceptable quantities of our disinfectants that can be discharged via the effluent?
Thanks & happy to answer any additional questions.
Allie
On Thu, Jan 19, 2023 at 1:44 PM Rebecca Venot <RVenot@crweng.com> wrote:
Hi Allie and Alix,
I was out of the office last week, and I think this is the most recent email in this chain. Is there
anything that we can do to support you in tracking down this information or questions we can
answer about wastewater disposal?
Rebecca
Rebecca Venot, PE
Civil Engineer
CRW Engineering Group, Inc.
3940 Arctic Blvd, Ste. 300
Anchorage AK 99503
Office 907-562-3252 | Direct 907-646-5673
www.crweng.com
From: Alix Laferriere - NOAA Federal <alix.laferriere@noaa.gov>
Sent: Tuesday, January 10, 2023 11:58 AM
To: Dave Conrad <dconrad@kodiakak.us>; Allie Conrad - NOAA Federal <allie.conrad@noaa.gov>
Cc: mike.litzow@noaa.gov; Alma Garcia-Tuia - 10PMBB <alma.garcia-tuia@gsa.gov>; Jena
Hassinger <jhassinger@kodiakak.us>; Patricia Valerio <pvalerio@kodiakak.us>; Eddie Arellano
<earellano@kodiakak.us>; Rebecca Venot <RVenot@crweng.com>
Subject: Re: KFRC Disinfection System
HI Dave:
Copying Allie here so she can supply you with the information needed in terms of what is being
discharged. Allie also has some questions about disposal.
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Best,
Alix
On Mon, Jan 9, 2023 at 2:36 PM Dave Conrad <dconrad@kodiakak.us> wrote:
Alix as part of our research into the implementation of the required disinfection system
replacement. The KIB engineering firm, CRW of Anchorage has requested the protocols that
NOAA utilizes for the cleaning and decontamination of the lab spaces, equipment, tanks, etc.
during your normal operational sequences. If you are able a list of current and potential future
experiments to define potential diseases and pathogens that may require disinfection prior to
discharge. During recent discussion we are encountering high levels of retained chlorine
remaining in the holding tank at the first stage of the treatment process. In addition a list of
chemicals and estimated quantities and frequencies that they are utilized during your normal
work progression associated with your cleaning processes.
If you require the borough is available to set up joint discussions between all the involved
parties to ensure clarity and that we are all operating towards the same goal. Thank you for
your consideration regarding this matter. Please contact me directly if you require additional
information.
--
Allie Conrad
Fisheries Biologist, Seawater Laboratory Coordinator
National Oceanic & Atmospheric Administration
Kodiak Fisheries Research Center
301 Research Court
Kodiak, AK 99615
Tel: (907)481-1728
Fax: (907)481-1703
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From:John Overby
To:Matt Gandel
Subject:RE: KFRC ozonator
Date:Wednesday, July 21, 2021 2:39:45 PM
Attachments:image001.png
Greetings Matt,
For equipment and start up, yes, 120K.
Not included is freight to you, removing the old equipment, getting the new into the ozone room,
and then power connections. Basically two power drops so should be easy. We will use the existing
ozone gas lines, injector, tanks, etc. The ozone box can power the remote ORP analyzers and
ambient ozone analyzer in the contact room.
Maybe call it 10K for electrical work and misc. items for costing. We can of course confirm this with
a picture or two of you main electrical panel for that room… to ensure what we got and available.
And yes… the replacement equipment would run for 15-20 years with care of looking after it. Like a
car… change the oil, clean filters, etc.
The existing system I believe the air compressors are one of the main causes of this not running.
They again are 50 hZ. You could run a 220 volt, 60 hZ cord to a single oxygen unit and turn it on.
Observe temperature of the compressor and it and when it shuts down. You don’t need to run the
main ozone system, just the single compressor. They should get hot running 60 hZ and will shut
down on thermal overload. If this is indeed the case the system can’t run as configured. Something
Eddie should be able to do pretty easy. This will answer many of the questions.
John
John Overby
overby@ozonewatersystems.com
5401 South 39th Street, Suite 1
Phoenix, Arizona 85040 USA
p: +1 480 421-2400 l f: +1 480 421-2300
Skype: overby-OWS
www.OzoneWaterSystems.com
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From: Matt Gandel <mgandel@kodiakak.us>
Sent: Wednesday, July 21, 2021 2:48 PM
To: John Overby <overby@ozonewatersystems.com>
Subject: RE: KFRC ozonator
John,
We’ve been having continued discussions on the ozonator at KFRC. Just so I’m clear, the $120k
quote you provided would be for all new equipment, correct? Does that include installation? And if
we proceed that would give us a new, reliable system that should last many (20?) years, correct?
Do you have any idea the ballpark cost to try and get the existing system up and running, with the
understanding that it would be a temporary fix?
Matt
From: John Overby <overby@ozonewatersystems.com>
Sent: Tuesday, June 1, 2021 1:36 PM
To: Matt Gandel <mgandel@kodiakak.us>
Subject: RE: KFRC ozonator
Matt,
Please find attached estimate 5454 for the items described in the report that should be addressed in
order to get the system back to full ozone production capacity and design. I haven’t priced in freight
from Arizona to Kodiak.
I itemized all the components to better allow us to shave some budget if needed. Items like the
ozone off gas destructs and relief valves could be refurbished (new heater band), etc if desired.
I am not sure if you are on your family trip this week or not. I will be travelling the next few days and
if you want to review any of this please call my cell phone at 602-628-3106 (anytime).
If you want to attempt to get the Del unit up and running I could see if my expert electrical guy could
visit and attempt to figure this out. This would get you running and making ozone possibly although
when something does go wrong we are down.
Thanks again for your hospitality and support on all of this.
John
John Overby
overby@ozonewatersystems.com
5401 South 39th Street, Suite 1
Phoenix, Arizona 85040 USA
p: +1 480 421-2400 l f: +1 480 421-2300
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Skype: overby-OWS
www.OzoneWaterSystems.com
From: John Overby
Sent: Tuesday, June 1, 2021 9:53 AM
To: Matt Gandel <mgandel@kodiakak.us>
Subject: RE: KFRC ozonator
Greetings Matt,
I hope you had a great weekend.
Please find my report visit. Let me know if you want me to adjust wording or such to better define
objectives from your perspective.
I will work on a price for items in the report.
We might be able to get this running although with the items presented I really don’t think it would
be a reliable/stable unit. A service visit by one of my techs would cost around $ 1,500 if you want to
give it a try?
I will work a quote for items in the report later today.
Thanks again,
John
John Overby
overby@ozonewatersystems.com
5401 South 39th Street, Suite 1
Phoenix, Arizona 85040 USA
p: +1 480 421-2400 l f: +1 480 421-2300
Skype: overby-OWS
www.OzoneWaterSystems.com
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From: Matt Gandel <mgandel@kodiakak.us>
Sent: Thursday, May 27, 2021 9:37 AM
To: John Overby <overby@ozonewatersystems.com>
Subject: KFRC ozonator
John,
I hope you had a easy trip back. Thanks for your time yesterday. It was educational for both me and
Eddie. As we discussed, when you have your report ready please send it to me and I will distribute to
other parties as appropriate. And I believe she already emailed you but any invoices can go directly
to Patricia Valerio at pvalerio@kodiakak.us.
Matt Gandel
Project Manager/Inspector
Kodiak Island Borough
Engineering/Facilities Department
710 Mill Bay Road, Room 224
Kodiak AK 99615
Phone: 907-486-9211
Fax: 907-486-9347
Email: mgandel@kodiakak.us
PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to
provisions of the Alaska Statutes and may be made available to the public upon request.
AGENDA ITEM #2.b.
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Holiday Update
Staffing Update —An Accounts Payable Technicia
n
bestartinginmid—January.
There are two applicants for our Appraiser Technici
an
jobopenin
g
thatwillbe
interviewed after the New Year.
Christmas Trees The Solid Waste Advisory Boar
d
a
n
d
E&Fstaffcollaboratedwith
Boy Scout Troop 626 for the collection of natural C
hr
ist
m
as
trees.OnJanuary6,2024,
the scouts will come to your location and pick up yo
ur
ba
re
tree.
Please contact the scouts via Facebook (Kodiak Tr
oo
p
626
)
orcall907-512-9908to
arrange pick up.The trees will be taken to the landf
ill
a
n
d
groundforlandfillcover.
Senior Citizen and Disable Veteran Property Tax —Formsaredueno
later close of business on January 16,2024.
Litigation Updates —There are handouts given se
pa
rat
el
y
tonightthathavetodowith
one of our cases.
Parking Lots —Here is the response that we got a
b
o
ut
theairportparkinglot-
I wanted to get a respo
nse
toyoubeforetheholidayssetinandtrytoansweryourconcerns.
You are correct,with t
h
e
ho
li
da
ys
theparkingareasareextremelycongested.Theparkinglotin
front of the terminal is byKodiakDOTaswellastheemployeeparkinglot.Thelong-
term parking lot is a le
as
e
lotmanag
ed
byStatewideAviationLeasing,butDOThasbeentrying
to maintain as we are Wehaveseveralissuesgoingonthatcombined,makeitdifficultto
give as good of service wewouldlike.Inthe2-hourparkingareainfrontoftheterminalwe
have been having lots pe
op
le
leavingtheircarsandgettingonthejetdepartingforwho
knows how long even itispostedasa2hronlyarea.Also,itseemstherehasbeena
large influx of Turo veh
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s
whic
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comeandgoandmanyjuststayinthisparkingareafor
Kodiak Boroug
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December28,2023
AGENDA ITEM #4.a.Borough Manager's ReportPage 342 of 344
extended times making maintenance very difficult.The long-term parking area i
s
e
x
t
r
e
hard
to plow because people are parking wherever they want,and to the point that s
o
they
park in the driving lanes even blocking other cars who are parked in stalls.We com
e
very
close to damaging vehicles with equipment and in many cases,we are unable t e
v
e
n
driveour
equipment in there.We have several including an abandoned vehicle doing this andweare
waiting to tow it,but our removal process takes some time.
The main issue is that we do not have a wrecker service in town that has an im
po
un
d
yard,and
all the tow services in town will not tow the vehicles that are in violation.My con
cer
ns
havegone
to the highest level at Statewide and our Region is well aware of the problem.ha
ve
been
waiting for a long time for a contract to come out for a tenant to take over the lo
ng
-
te
r
m
parking
area.The 2 hr parking area is very difficult also,however we try to get in there cle
an
itout
when vehicles move and when resources are available.The parking lot main dr
iv
in
g
arealoopis
not in our road priority system,however I consider it a priority 2 which is what th
e
ai
rp
or
t
roadis
under our highway priority system.We try to maintain it at the same time as Re
zan
of
Dr.and
the airport road,which are also priority 2s.(A priority 2 in the State’s maintenanc
e
pri
ori
ty
system is that the road surface will be back to our target condition within 18hrs theendofa
storm event).We have been trying to do everything we can with what resources haveunder
the current challenges.
The old derelict buildings were also supposed to be demolished this summer in St
at
e
w
id
e
Aviation Leasing project,but that project stalled out as funding would not allow t
o
hap
pen
this
year.The lots that the old buildings sit on are also managed by Statewide Leasi
ng.
Ihavebeen
noticing that even these lots are becoming long term parking areas which while idea
l,
Ithink
it allows for a bit more capacity.With no towing enforcement,we do not have a ofoptio
nscurrentlyuntilthepropertiesgotobidoracompanyiswillingtotowforus.I sho
uld
alsomention
that 2 of the 3 highway operator positions are unfilled currently and we are activ
ely
hiri
ng
tofill
them.We are however using the airport staff to cover the personnel shortage f
o
r
t
h
e
high
wayroutes.I will make it a priority to give some extra attention to these areas of con
cer
n
asparking
opens up and we can safely get in and maintain them.Hopefully the near-term andrain
will help us a |'ttle.
Holiday Co
nte
sts
CongratstoAssessingforbeingvotedashavingthebest
decorated andtoSeemaforwinningthebestindividualdoor.Also—congratsto
Engineering Fa
cili
ties
forwinningthedepartmentgingerbreaddecoratingcontest.AGENDA ITEM #4.a.Borough Manager's ReportPage 343 of 344
i fi
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expiring leases.
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Continuing our work with IT to rebuild our fpathsandcon?gureourmetadata
for our electronic ?les in LF.
Please send yo
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traveldatesifyouaretravellingortakinganytimeoff
for the upcomi
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Hol
iday
s.February 18-24
,
WinterLegislativeConference,Juneau,Alaska
April 2024,Co
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In
let
Region
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CitizensAdvisoryCouncil,Kenai,Alaska
BOROU
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CLERK’SREPORT
December 2023
1.Projects
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AGENDA ITEM #5.a.Borough Clerk's ReportPage 344 of 344