City Manager 334 Front Street Ketchikan, AK 9990 I. Phone (907) Fax (907) TRANSMITTAL MEMORANDUM

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1 Cib' f)f 1\ekhlkan City Manager 334 Front Street Ketchikan, AK 9990 I Phone (907) Fax (907) TRANSMITTAL MEMORANDUM TO: FROM: DATE: The Honorable Mayor and City Council Karl R. Amylon, City Manager April11, 2016 RE: Contract No Moffatt & Nichol Planning and Design of Port Improvements, At its meeting of April 7, 2016, the City Council adopted a motion approving Contract No , Planning and Design of Port Improvements, between the City and Moffatt & Nichol in an amount not to exceed $192,952. As indicated in the attached memorandum from Port & Harbors Director Steve Corporon, the dollar figure of $192,952 as detailed in the motion was incorrect. As referenced in the Port & Harbors Director's memorandum of March 28, 2016 and Moffat & Nichol's correspondence of March 23, 2016, the correct contract cost is $199,952. Given that the supporting documentation contained the correct contract amount, I have executed the agreement accordingly. AGENDA 04/21/16- GGMR2

2 2933 Tongass Avenue Ketchikan, Alaska Phone (907) Fax (907) MEMORANDUM To: From: Date: Re: Karl Amylon, City Manager Steve Corporon, Port & Harbors Director April 8, 2016 Planning and Design of Port Improvements, Contract No In executing the contract documents this morning for the subject contract it was noted that the motion approved by the City Council at their meeting last night had a typographical error that resulted in an incorrect contract amount of $192,952. The correct amount is $199,952 as shown on the proposal from Moffatt & Nichol dated March 23 and my cover memo dated March 28. Copies of both are attached.

3 2933 Tongass Avenue Ketchikan, Alaska Phone (907) Fax (907) MEMORANDUM To: From: Date: Re: Karl Amylon, City Manager Steve Corporon, Port & Harbors Director March 28, 2016 Planning and Design of Port Improvements, Contract No At the meeting of December 3, 2015, the City Council authorized the Manager to negotiate with Moffatt & Nichol on the terms and conditions for Planning and Design of Port Improvements, Contract No , to be submitted to the City Council for formal consideration and approval. Since the new fiscal year commenced prior to award, the number for the proposed contract has been changed to Moffatt & Nichol had been selected from four firms who submitted proposals in August of The intent of the project is to inspect the existing facilities followed by identification, development and prioritization of improvements to accommodate the newest classes of cruise vessels expected to enter the Alaskan market during the next 1 0 to 15 years. At the meeting of February 18, 2016, the City Council directed staff to work with Moffatt & Nichol to reduce the proposed scope and fee for the contract to be approximately $200,000. Attached for consideration is the revised scope and fee proposal from Moffatt & Nichol. The specific scope and other cost reductions are summarized in their cover letter with the major items being elimination of the renderings, reducing the public workshops from three to two and having some team members participate in the remaining public workshops via video conferencing instead of in person. The corresponaing revised fee proposal rs $199,9S2. Also attached is a letter from PND sent directly to the Mayor and City Council dated February 26, 2016, essentially voicing their continued concerns over the award process for this project and offering to perform the work for a proposed fee of $175,000. Since the proposed scope of work was similar but not identical to that in Moffatt & Nichols' revised proposal, the City requested a revised fee proposal from PND as well. PND's revised fee proposal of $140,000 was received on March 25, 2016, and is also attached. The approved 2016 Port budget includes $250,000 for this project from the Port Enterprise Fund. Recommended motion: I move the City Council authorize the City Manager to execute a professional services agreement with PND for Contract No , Planning and Design of Port Improvements, in an amount not to exceed $140,000 with funding from the Port Enterprise Fund.

4 880 H Stree~ Suite 208 Anchorage, AK moffott & n ic hol {907) Fax: {907) n :Nrw.moifatlnichol.com March 23, 2016 Mr. Steve Corporon, Port Director City of Ketchikan 2933 Tongass Avenue Ketchikan, AK RE: Ketchikan Cruise Facility Planning Services- Revised Fee Proposal Dear Mr. Corporon: Attached is Moffatt & Nichol's (M&N's) Scope of Work (Exhibit A; revised), Fee Proposal (Exhibit B; revised) and Rate Schedule (Exhibit C; unchanged) for d1e referenced project. These documents supersede those issued February 2, In response to direction provided during and subsequent to the Ketchikan City Council meeting on February 18, we have reduced the Scope of Work and made additional cost reductions to align wid1 the City's desired project budget. The following scope reductions were made: 1. Eliminated the comprehensive detailed rendering illustrating the phasing, extent and scope of projects included in the Final Report. 2. Eliminated one proposed Public Workshop (formerly Subtask 4B: Public Workshop #3.) 3. Reduced in-person participation in Public Workshops #1 and #2, with senior Pmject Team members participating via WebE.'C in lieu of travel to Ketchikan. Additional cost reductions offered by M&N as a contribution to the City, based on our understanding of d1e desire to complete the project within a budget of $200,000, include: 1. General Project Management (fask 0) fee was reduced: M&N will bill approximately 60-percent of d1e time anticipated to complete this task. 2. Subconsultant mark-up was reduced to 5-percent. 3. Direct expense mark-up was reduced to zero. 4. Additional travel expense reductions were made: i.e., M&N will bill the City only for travel from Anchorage or Seattle to Ketchikan; and will bill travel time only for personnel conducting the facility underwater, topside and under-pier inspections. Please let me know if you have any questions or require additional clarification of our cost proposal for the work. We understand City Council will consider this revised proposal at d1eir April? meeting, which I plan to attend. Thank you for the opportunity to revisit our scope of work and fee proposal. We remain eager to

5 City of Ketchikan 1 ii work with you on this important project, and look forward to entering into contract with the City of Ketchikan in the days ahead. Sincerely, MOFFATT & NICHOL Shaun McFarlane, PE Vice President, Project Manager Attachments: Exhibit A: Scope of Work Exhibit B: Fee Proposal Exhibit C: Rate Schedule for Professional Services ~~~~~~~._ mo f f at! & nichoi Creative People, Practical Solutions."

6 KOPPATT " HJ:CJIOL EXHIBIT B PEE PROPOSAL Project ~ur:lber: Pl574l Proj cct Ti'cle: Xet.chikAn Port l!!!f!rovementa... Planni ng " tteoiqn serviceo Project Manager: Sha\11'1 Hc:Padano. P Project PrincipaliOb Nnhan PE D01tc: OJ/23/140 Rev:! 6~ =~~=~:I ~: I lrm.o.e T:.ck Tit:.l C!_ Print:i~l ~ Eng. /Sci Eng. / Sci P 9, P-1 P? - senior Eng./5~ 4 IEng./Sci III Eng. /Sc:i J I Staff Eng. EnsJ./Sci III P S P 4 P l.. P l._ P 2 Senior Tech. T S -T:.. Word General PTOC"cacor Cleri cal - T~~- ~~ A- 4 A- l A-1~2, HOURS LABOR TOTAl I HI.tn r.c;- IIIW:llp r <lltion s ~ 1,445 $ r..,nrtd4'td1 s l9 1,0 $ 1,958 ~.. s $ $.. s $ s Shoinbcra ' Aaaodatea s 4 ODD $ 200 $ s s $ s. s $ $ 6. s $ ~ 7. $ $ $ Other Direct Co:u:.o Alrhrc IS R.T >.NC ktn; 2 RT SEI. KTNJ s l 723 ~ ~ Lod!Jir.g (ll room-nighta XTN) s $ s Pc:r diem (11 daydj s $ $ HJlcllgc/Rcntal Car/F'ucl/Fc:rry 11\"'TJU I Ground Tranop. s 1 )68 $ $ OUt.oidc Reproduct.ion $ )50 $ $ Pootoge/Delive ry $ 60 $ $ Telephone/Fox s s $ U.R/Dlving Cquip~nt: N/A $ Ot:hor $ $ lo,lsl = 41,118 4, $ $ 10. s To:.al Subconoult.anto: s '72,068 $ ),603 s 15,671 D. l ,470 1, 010 l,lu )50 60 tv. PROJECT SUHMAAY :I.il!1l:; TotOJl PUN Lobor $ US, ZlO Totoal SubC"on:~~ul~ont co:st: S '72, OGI Total Oe.hor Direct ConD: $ 9, 051 Hark-up on SUbconculu.nto: S l,g03 Mtlrk-up on ODCD: """' S ITotai rlxod Feo $ I DrOJcr' pr 1 on 0 PROJECT MMACEHDIT s '7, EXI STINC FACILITY I NSP CTIOU ' REVIEW $ 42, 41' IC'n~ ' AX CRUtS HARXET ASSESSMDlT 12, ) CONCEPT DESIGN ALTDHATIVES s 36, PLANN'INC STIJl)Y REPORT $ 1G,l A SUBC:O.~SUL'TANTS $ '75,671 OT'KER DIRECT COSTS s 9,051 )..,, 21.2 \,_.., 18.2\: 8.2\ 3'7.8\ 4. 5 \

7 times as the total amount paid or due, or claimed by CONSULT ANT, reaches a total of One hundred ninety nine thousand nine hundred and fifty two dollars ($199,952), CONSULT ANT shall forthwith notify OWNER thereof. It shall be the CONSULTANT'S obligation to notify OWNER and to assure no work in excess of said total sum of One hundred ninety nine thousand nine hundred and fifty two dollars ($199,952), is done and any work done in excess thereof shall not entitle CONSULT ANT to any payment and CONSULT ANT expressly waives any claim therefore, unless such additional work was separately authorized in writing as a written change order or amendment to this Agreement prior to commencement and performance of any such additional work. WHEREFORE the parties have entered into this Agreement the date and year first above written at the City of Ketchikan, Alaska. ATTEST: OWNER: CITY OF KETCHIKAN, ALASKA By.~~ Karl R. Amylon, City Manager CONSULTANT: Moffatt & Nichol 880 H Street, Suite 208 Anchorage, Alaska (Corporate Seal) By:~ (signature of authorized officer) Shaun G. McFarlane, Vice President (title of person signing) Page 13 o 15

8 "UNAPPROVED" UNFINISHED BUSINESS April 7, 2016 Ordinance No Off-Premises Commercial Solicitation Restrictions - Second Readine Mayor Williams said he would like to defer this to the next meeting. He said he has been talking to business owners around town and there was one concern expressed that he would like to deal with. He noted there is a meeting set up to discuss this with the owner and he would to deal with this now instead of after the ordinance is adopted. Moved by Coose, seconded by Zenge to defer thi s item until the next regular Council meeting. Motion passed with Coose, Gage, Harris, lsom, Sivertsen and Zenge voting yea; Kiffer voting nay. Potential Protest of Liquor License Renewal- 1st City Saloon Moved by Coose, seconded by Sivertsen the City Council withdraw the protest of the renewal of beverage dispensary license for 1st City Saloon and approve the renewal of said license contingent upon satisfactory payment of delinquent sales and rental taxes. Moved by Sivertsen, seconded by Isom to defer until the second meeting in April. Motion to defer failed with Coose, Gage and Zenge voting yea; Harris, lsom, Kiffer and Sivertsen voting nay. Motion passed with Coose, Isom, Kiffer and Zenge voting yea; Gage, Harris and Sivertsen voting nay. Moved by Isom, seconded by Harris for immediate reconsideration. Motion to reconsider failed with Harris, lsom and Sivertsen voting yea; Coose, Gage, Kiffer and Zenge voting nay. Clerk Suiter said she would provide a status update to the Council at its meeting of April 21, Award of Contract No Planning and DesigP of Port Improvements Moved b): Sivertse~ seconded by Harris the City Council approve Contract No , Planning and Design of Port Improvements, between the City and PND Engineers, Inc. in an aroount not to exceed $140,000; authorize funding from the Port Department's 2016 Planning & Design of Port Improvements Capital Account; and direct the city manager to execute the contract documents on behalf of the City Council. Manager Amylon and Port and Harbors Director Corporon answered questions from the Council 7

9 "UNAPPROVED" April 7, 2016 Motion failed with Harris, lsom and Sivertsen vcting yea; Coose, Gage, Kiffer and Zenge voting nay. Moved by Coose, seconded by Zenge the City Council approve Contract No , Planning and Design of Port Improvements, between the City and Moffatt & Nichol in an amount not to exceed $192,952; authorize funding from the Port Department's 2016 Planning & Design ofport Improvements Capital Account; and direct the city manager to execute the contract documents on beha)f of the City Coun il. Motion J23SSed with Coose, Gage, Isom, Kiffer and Zenge voting yea; Harris and Sivertsen voting nay. The Council took a short break at 8:38 p.m. and reconvened at 8:44 p.m. NEW BUSINESS Discussion Regarding the Possibility of Entering Into a Contract with the Ketchikan Gateway Borough for the Ketchikan Police Department to Provide Airport Security- Councilmember Sivertsen Councilmember Sivertsen gave up his seat and invited Airport Manager Carney to the podium to explain the situation. Mr. Carney explained the issues they are having, noting they are a small department and saying a police offi cer needs to be on site in order to receive a commercial flight. He felt this would be a positive for the community. Councilmember Sivertsen said Police Chief Bengaard is agreeable to looking at it. He noted there was no ill intent toward the employees at the airport. Moved by Sivertsen, seconded by Coose to direct management to have a discussion on a potential agreement. Motion passed with Coose, Gage, Harris, Jsom, Kiffer, Sivertsen and Zenge voting yea. Disabled-Accessible Taxicabs Councilmember Coose said there needs to be some guidelines to go by, and some ru les. He felt there needed to be some training as well for the protection of the customer. Councilmember Sivertsen said he felt the Council should move forward with permits specific to the ADA vehicles, which he said should be attached to the particular vehicle. He expressed concern regarding tours. He said he'd like to see management work with non-profits that deal with ADA issues in the formulation of some of these. Councilmember Zenge felt something should be attached to the vehicles that couldn't be switched. In response to Councilmember Sivertsen, Manager Amylon said what he is grappling with is the Council establishes policy through the Code, and as was alluded tonight, staff can set up guidelines and regulations that the Council establishes as appropriate. He went on to say the 8

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