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TO: Mayor and Assembly DATE: May 15, 1995

FROM: David R. Palmer

City and Borough Manager

SUBJECT: Manager's Report - Regular Mtg. No. 95-22

SPECIAL ORDER OF BUSINESS:

1. Juneau Economic Development Council - Annual Report

CONSENT AGENDA:

A. Resolutions:

1. Resolution No. 1758

Summary:

Federal agencies have issued broad wetlands regulations;

The regulations go beyond what Congress intended in the Clean Water Act;

The regulations have not been adapted to Alaska, with its vast wetlands areas;

The Clean Water Act is up for reauthorization - this is a good opportunity to urge Congress to adapt wetlands rules for conditions in Alaska.

Federal wetlands regulation has long been a developmental issue in Juneau and throughout the state. Federal agencies have issued an extensive set of regulations that some people believe go beyond what Congress intended when it enacted the Clean Water Act. The Act is now before Congress for reauthorization.

Application of the regulation has been especially problematic in Alaska, which has so much wetlands. As a general rule, these wetlands have been responsibly administered, and a very small percentage of them (about 1/10 of one percent per decade) have been lost to development.

Recently the Alaska Legislature adopted Legislative Resolve No. 10, expressing concern about the way the federal government has applied wetlands policy without regard to the situation in this, and urging Congress to keep Alaska in mind when it takes up reauthorization of the Clean Water Act. The resolution now before the Assembly is essentially the same as the state version.

Your packet includes a copy of a letter from the Alaska Wetlands Coalition urging support for the resolution.

I recommend that this resolution be adopted.

2. Resolution No. 1759

The CBJ property code provides that surplus material with a value in excess of $200 may be transferred to another government agency with the approval of the Assembly. We currently own breathing apparatus and pagers that are surplus to our needs and could be put to good use by the Gustavus Emergency Response, the City of Hoonah Fire Department, the Klawock Volunteer Fire Department, the Port Protection Volunteer Fire Department, and the State of Alaska Fish and Game. This resolution authorizes the transfer.

I recommend that this resolution be adopted.

3. Resolution No. 1760

Summary:

This accepts a grant from the FAA for the runway lights project;

The project is funded 93.75% by the federal government, and the rest by the state;

The project had been held up by a bid protest, but the Bidding Review Board decided in favor of the city. Barring further legal aciton, we can proceed to award.

This resolution authorizes the City Manager to enter into a grant agreement with the Federal Aviation Administration in the amount of $816,644 for airport runway lights. This project will replace the aging lights on the runway at the Juneau Airport. We have recently experienced lighting failures and the need for emergency repairs. This project should eliminate these problems. This item is funded 93.75% by FAA AIP funds. The FAA has been notified and has agreed to extend the date for the acceptance of the grant from April 3, 1995, until the city awards the bid. The balance of the cost of the project is funded by State of Alaska Department of Transportation and Public Facilities and municipal grants.

This resolution is related to Ordinance No. 94-17 (AQ) which appropriates the money for the construction project and is before you tonight under Unfinished Business.

I recommend that this resolution be adopted.

B. Transfer Requests:

1. Transfer No. T-560

This transfer request of $29,155 from the Crow Hill/Linellen Heights/5th Street project is needed to pay for the following:

$10,000 is transferred to the Last Chance Basin Wells project for: Programmable Logical Controller(PLC) programming to include the new instruments installed under the construction project; piping modifications to the three modified well pumps to provide valves for sanitary testing, and air release valves; personnel costs as a result of the High Elevation water break, and for replacement of a telemetry cable.

$19,155 is transferred to the Mountainside Estates Water Line to pay for construction costs over the engineer's estimate and for PLC programming.

Once this transfer is approved, the balance in the Crow Hill/Linellen Heights/5th Street project will be zero; the balance in Basin Wells 3 & 4 will be $4,770, and the balance in Mountainside Estates Water Line will be $345,089.

I recommend that this transfer be approved.

2. Transfer No. T-561

This transfer moves $93,606 from seven building maintenance capital projects to the Savikko Park Restroom Renovation project for construction, inspection and construction contingency. The Cedar Park Day Care Center Rehabilitation and the Last Chance Basin Road Washout project, will be closed by this transfer.

Funds out to Savikko Remaining

Project Balance

D 97-89 Cedar Park Day Care Center Rehabilitation $ 3,523 $0

D104-90 Douglas Shop Roof Replacement 11,045 4,050

D374-15 Public Youth Center Roof Repair 5,300 12,300

D394-67 Last Chance Basin Road Washout 10,000 0

P396-02 Park Repairs/Safety Improvements 24,431 26,020

P396-05 Bonnie Brae Park 17,000 30,400

P396-06 Building Maintenance Fund 22,307 58,000

I recommend that this transfer be approved.

C. Bid Awards:

1. Contract No. E95-169: Savikko Park Restroom - Facility 2

Bids were opened on the subject project on March 28, 1995. The bid protest period expired at 4:30pm on March 29, 1995. Results of the bid opening are as follows:

RESPONSIVE BASE BID ALT. NO. 1

BCD Construction, Inc. $138,900 $148,500

Alaska Stone & Concrete $157,395 $168,300

Arete Construction Corporation $189,000 $198,000

Architect's Estimate $110,000 $125,000

The project consists of demolition of the existing concrete block restroom building and construction of a new concrete block restroom facility in the same location, including associated electrical and mechanical systems. The Base Bid is a building with five toilets; Alternate No. 1 is a building with seven toilets.

I recommend award of this project to BCD Construction, Inc. in the amount bid for Alternate No. 1, making a total award of $148,500.

2. Contract No. E95-205: Airport Runway Lights

Bids were opened on the subject project on December 28, 1995. A bid protest was filed by Swanson General Contractors. Protest procedures were executed in accordance with CBJ Ordinance 53.50.062. Resolution of the protest occurred on May 10, 1995, with Swanson's protest being denied (the Bidding Review Board decision on the appeal of Swanson General Contractors is included in your packet). In summary, the board ruled against Swanson General Contractors for 1) failure to submit the required protest filing fee; 2) misrepresentation of material fact in the bid, and; 3) failure to make a good faith effort to include DBE participation in the contract.

Staff has informed Swanson General Contractors of its appeal rights. If the decision of the Bidding Review Board is appealed to the Assembly after this contract is awarded, and the Assembly finds in favor of Swanson General Contractors, the CBJ may then be liable for paying Swanson General Contractors reasonable bid preparation costs. The time for appeal will expire on May 31, 1995. In view of the public safety issues, and the need to begin construction immediately, Engineering recommends against any further delay in the award of this project.

Bid results are as follows:

RESPONSIVE TOTAL BASE BID

Cave Electric $672,560.00

Northern Construction, Inc. $742,350.00

ALCAN Electrical & Engineering, Inc. $950,181.00

Engineer's Estimate $689,250.00

The project consists of replacing the existing High Intensity Density Runway Lights (HIRL) system, which includes removal of the existing facilities, installation of electrical ducts, cables, constant current regulator, underground electrical manholes, and saw-cutting and patching asphalt paving.

I recommend award of this project to Cave Electric in the amount bid, for a total award of $672,560.00.

D. Certificates of Public Convenience and Necessity for For-Hire Vehicles

New Applications:

1. Luxury Limousine

Al Nix, dba Luxury Limousine, has applied for a new certificate of public convenience and necessity for for-hire vehicle for a limousine operation with 5 vehicles. According to CBJ 20.40.050, the Assembly, after holding a public hearing, must find that the applicant is "fit, willing, and able to perform such public transportation." In making the findings, the Assembly "shall take into consideration the character, experience and responsibility of the applicant, and the public health, safety and welfare.

The one vehicle proposed for the limousine operation is a Chrysler New Yorker. Under the For-Hire Vehicle Code, a limousine is defined as a vehicle which carries no more than 6 passengers and is available only through advance reservations, however, a limousine is generally defined as a vehicle with an enclosed passenger compartment.

I recommend granting of a certificate of public convenience and necessity for a limousine operation for 5 vehicles.

Change of Ownership:

1. Alaska Pedicab Tours

Alaska Pedicab Tours has added a new co-owner, Charles E. Brazil, in addition to H. Michael Deppner, Jr., who was the initial owner. The For-Hire Vehicle code indicates that a certificate may not be sold, assigned, mortgaged or otherwise transferred without the consent of the Assembly.

I recommend that the co-ownership of Alaska Pedicab Tours be approved.

ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 95-15

Ordinance No. 95-15 authorizes the negotiated sale of a small, landlocked parcel of tidelands in the vicinity of the Juneau-Douglas Bridge to the Trucano Family Partnership. The Trucano Family Partnership and predecessor, Joe Trucano, have leased the property from the CBJ since 1973 for a freight business and equipment storage yard. The parcel is not contiguous to any other CBJ property. Its isolation and the lack of CBJ access to the property limits its usefulness to the CBJ.

Both the Assembly Lands Committee and the Planning Commission have reviewed the proposed sale and recommended approval.

I recommend that this ordinance be adopted.

2. Ordinance No. 95-16

This ordinance places Capital Transit under the Public Works Department. Capital Transit was assigned to the Engineering Department a couple of years ago but its operations are more closely aligned with the Public Works Department. The Assembly must approve this reassignment because Charter &167;5.2(a) requires that an ordinance be used to "establish, alter or abolish any municipal department."

I recommend that this ordinance be adopted.

3. Ordinance No. 94-17 (AX)

This ordinance would appropriate $20,000 from the Hotel Tax Fund Balance as an advance to the Alaska Committee for the purpose of paying promotional expenses for an October, 1995 Alaska Communication Technology Conference to be held at Centennial Hall Convention Center.

The Alaska Committee will repay these funds from conference proceeds. In your packet is a memorandum from the City Attorney regarding preparation of a reimbursement agreement.

We are projecting that $36,000 will be remaining in the Hotel Tax Fund Balance at the end of FY95.

I recommend that this ordinance be adopted.

UNFINISHED BUSINESS:

1. Ordinance No. 94-17 (AQ)

This project will replace the aging and unreliable airport runway lights. We have experienced lighting failures and the need for emergency repairs. A grant from the Federal Aviation Administration will fund 93.75% ($816,644) of the total project costs. An additional 3.125% ($27,222) will be funded by the State of Alaska Department of Transportation and Public Facilities. This appropriation is for a total amount of $843,866. The remaining 3.125% ($27,222) needed for the project will come to the Assembly in a separate transfer request from previously appropriated State of Alaska Department of Administration municipal grant funds.

As recommended, Ordinance No. 94-17 (AQ) was deferred at the May 1, 1995 Assembly meeting until after a Bidding Review Board hearing was held to resolve a bid protest on this project. The Bidding Review Board met on May 8, 1995 and issued a decision on May 10 which denied the protest.

I recommend that this ordinance be adopted.

NEW BUSINESS:

ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Item:

B. Manager's Report - Information Items:

C. Attorney's Report:


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