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FY2022-23 Construction Contract For Borough Building Boiler Mechanical Upgrades Project#20005 With Scotts Heating And PlumbingKODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD Project Name: Project Number: KODIAK, ALASKA 99615 Borough Building Mechanical Upgrades 469-614 452.150 20005,5 Contractor. Scott's Heating & Plumbing Services, Inc. Contract No.: FY2022-23 Change Order No.: 01 Original Project Budget: $ 50.000.00 Original Contract: $ 963,093.00 Previous Budget Changes: $ 1,225,000.00 Previous Changes: $ 0.00 Adjusted Project Budget: $ 1,275.000.00 This Change: $ 9,794.68 To -Date Project Expenses: $ 156,859.11 % of Original Contract 1.02% To -Date Project Encumbrances: $ 996.625.42 Adjusted Contract: $ 972,887.68 Current Remaining Budget: $ 121.515.47 Description of Change Cost The specified Burnham boiler is not available in time to complete the project due to manufacturing $ 9,794.68 delays. An alternate DeDietrich boiler is available with the potential to meet project deadlines. This change order is for the additional cost for the alternate boiler, The time provided for completion of the contract is (Z unchanged) (Elincreased) (—Idecreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or .850,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding of icer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50 000, whichever is /miler, require assembly approval Accepted By Approved By: s Representative matt Gandel Date: Borough Manager DA Mayor and Deputy Presiding Officer Approval (does not ext Approved By: Date: Date r.,.,.6111.9 ,. Clerk contract amount or S50, 000, whichever is lower) Date: Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or S50, 000, whichever is lower) Approved By: Date: Attest: Date: Borough Manager Borough Clerk Revised 09,19 Page I of 1 Date: June 22, 2022 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Dave Conrad, Administrative Official From: Matt Gandel, Project Manager/Inspectorp(r- RE: Contract 2022-23 Change Order #01 Attached is change order #01 to contract 2022-23 for Scott's Heating and Plumbing, Inc. for the Borough Building Mechanical Upgrades project. This change order is for the additional cost for an alternate fuel oil boiler. The specified boiler is not available in time to complete the project this year. Scott's located an alternate boiler that was approved by the mechanical engineer. The alternate boiler is scheduled to ship at the beginning of July 2022 which will hopefully provide sufficient time to the complete the boiler replacement before the start of heating season. Funds for this change order will be deducted from the Construction line of the budget. There are adequate funds to complete this work. SCOTT'S HEATING & PLUMBING SERVICES, INC. P.O. BOX 3132 KODIAK, AK 99615 • (907) 486-5405 FAX (907H86-2302 'O C.1�►L _UA"t�ln_ f 151,01- too a'• AGd2�e1c� �j QFL ir, AnG- REQUISITIONED 15Y WHEN SHIP SHIP VIA F.O.S. POINT TERMS OTY. ORDERED QTY. RECEIVED STOCK NO. /DESCRIPTION UNIT PRICE TOTAL _ - - L1rn Cand+ 9 ubmA r�y Y�' pM 13 ' Pe�din� s�thmit� p+�rc�ra Show this Purchase O Number on all correspondence, invoices, shipping papers and packages. 7597 DATE REQUISITION NO. (0'-2027 SNIP TO 1. Please send copies of your Invoice. 2. Order is to be entered in accordance with prices, delivery and specifications shown above_ 3. Notify us immediately it you are unable to ship as specified. 0 Is AUTHORIZED BY FJSi PROCTOR SALES I N C ALASKA • WASHINGTON • OREGON Proctor Sales Inc. 9210 Vanguard STE 102 Anchorage, AK 99507-4619 USA Phone: 907-562-2608 tnibert@GoPSI.com Quotation Here is the quote you requested. From The Desk Of - Troy Nibert To: Bidding Contractors Job#: 211707-21 Attn: Estimators Quote #: PSIQ44093-C Date: 5/9/2022 Bid Date: 4/27/2021 Job Name: Kodiak Island Borough Builidng Terms: Net 30 days with approved credit or add 3% for VISA/MasterCard/AMEX. Retainage does not apply. This quote is for your evaluation and consideration and is not an offer, but merely invites your offer to purchase. Applicable taxes not included. QUOTATION PRICING EXPIRES 30 DAYS FROM QUOTED DATE UNLESS OTHERWISE NEGOTIATED OR STATED ELSEWHERE ON QUOTE. Warranty Terms: All quotes exclude warranty labor. Manufacturer's standard warranty ends 18 months from ship date or 12 months from start-up, whichever occurs first. Quotation includes only that which is stated. and takes exception to all other. See ADDendix A for our commercial terms and conditions. Pricing based on purchase of entire quote. Deviation from this may require price revision to both product, and freight. Qty Description Net Each Total Tag: B -B-1 DeDietrich Boiler Package as listed below: $22,970.06 $22,970.06 DeDietrich Series GT -338-A Forced Draft Oil, ASME Eutectic Cast Iron Sectional Boiler firing at 1,226 MBH Input, 1,044 MBH Output 8.5 GPH, 3 Pass, up to 88% Efficient 90 PSI Water Working Pressure Allowable Return Water Temperatures As Low As 80 Degrees F Guaranteed Against Thermal Shock Removable Turbulators, Operating Control, High Limit, Manual Reset Safety High Limit, Firing Rate Control, UL/CSA CSD -1 Compliant Manual Reset Low Water Cut Off, Combination Pressure Temperature Gauge 30 PSI ASME Relief Valve 4" Thick Fiberglass Wool Insulation Heavy Duty Steel Jacket With Concealed Electrical Chaseway Boiler Fully Assembled With Burner Mounted and Wired, Beckett CF1400 oil burner for DeDietrich Boiler. Firing rate 8.5 GPH, Low High Low Firing Rate, 120/60/1 Tag: Optional Assembly 1 Assembly of 8 section boiler. Will include section assembly, hydrostatic test, burner $2,537.78 $2,537.78 mounting and wiring, LWCO and high limit shipped loose for field install. Boiler jackets shipped loose to be installed in field by contractor. Tag: Start Up 1 Boiler start-up by manufacturer's authorized representative, after installation by $2,736.84 $2,736.84 others. -- Based upon standard weekday (Mon -Fri) rates & times (7:00 AM - 4:00 PM). -- Training and commissioning can be quoted upon request. Proctor Sales, Inc. Quote Department Page 1 of 2 Kodiak Island Borough Builidng PSIQ44093-C Proctor Sales Inc. - Please visit our new website- www. GoPSI. corn - for our complete line of products 1 of 3 Qty Description Net Each Total Customer Freight Terms: FFA to Seattle Dock Origin: FOB Factory Please contact me if I can be of further assistance. Bidding as equal to Burnham MPC. DDR is a three pass cast iron boiler, Engineer approval required Boiler weight is 2,500 pounds shipping knockdown. Proctor Sales, Inc. Quote Department Kodiak Island Borough Builidng Proctor Sales Inc. - Please visit our new website- www. GoPSI. corn - for our complete line of products Page 2 of 2 PSIQ44093-C 2of3 idol APPENDIX A PROCTOR TERMS $ CONDITIONS SALESiNC Except as specifically modified by the typed or handwritten portions of this proposal on the face side, the proposal is subject to the following terms and conditions. ACCEPTANCE OF PROPOSAL: By signing and returning a copy of this proposal or a purchase order to the Seller, the Buyer shall be deemed to have accepted this proposal and agreed to the terms and conditions set forth herein. Seller may not amend or revoke this proposal for a period of 30 days from date hereof. If Buyer's acceptance is not received wi hin such a period, Seller may ame d or revoke this proposal at a y time. Buyer understands that Seller is an independent sales representative and does not own or manufacture any of the new equipment covered by this proposal. Thus, upon acceptance by Buyer, it is understood that Sellers obligations hereunder are subject to the further c nditions that the manufact rer will promptly appr ve and requires any adjustments in the prices or terms here f unacceptable to Buyer. Seller shall have the option to void this entire proposal or substitute comparable equipment at the same or lower prices as quoted herein. However, the right of substitution shall not apply when the proposal is made as part of a bid on a construction project whose specifications expressly require use of equipment mad by a manufacturer who does not approve th sale. TERMS OF PAYMENT AND PRICES: The standard terms of payment are 30 days (O.A.C) or add 3% for VISA/MasterCard/AMEX from the date of shipment of any equipment or comp etion of the performance from the date of shipment of any equipment. In some instances progress paymen s wil be required f sale consists of eq ipment and startup services, payment terms she I be Net 30 days from date of shipment regardless of whe her or not field services have been completed. If partial shipments are m de or several types of services to be performed, Buyer may be invoiced as such partial shipment is made or upon completion of each type of service performed. In addition to the purchase price, Buyer shall pay all shipping costs or, if by prior arrangement Seller is to advance such shipping costs, reimburse Seller for such costs, Buyer shall also pay excise, sales, uses or other taxes or duties which the Seller maybe required to pay because of the sale, delivery or use of equipment or services covered hereby, unless Buyer time provides Se ler with a resale certificate or other document acceptab a to the appropriate taxing agency establishing an exemption from such taxes or duties. f after acceptance of this proposal Buyer requests changes in the equipment or services to be rendered or delays progress of the manufacturer or delays shipment of the equipment, or he performance of such services ater than he dates specified herein, the p ice therefore shall be appropriately increased. RETENTION: No retentions shall be withhe d by Buyer unless agreed upon as part of a progress payment schedule. SHIPMENT: Unless otherwise specified, shipment of the equipment shall be FOB the place of manufacture of equipment. The Seller's responsibility for shipment shall cease and Buyer shall assume all risks of loss upon delivery to the transporting carrier. Any claims for shortages, delays or damages occurring thereafter shall be made by the Buyer directly to the transporting carrier. Any claims against the Seller for shortages in shipment shall be made written 15 days after receipt of shipmen by Buyer. DELIVERY: Seller will use its reasonable best efforts to cause shipment of equipment as scheduled, but all shipment dates are approximate only. Delays in delivery of equipment or the performance of services shall be excused when caused by strikes, lockouts, accidents, fire, acts of God, embargoes, or governmental action or any other cause beyond the reasonabl control of the Seller or manufactur r/supplier, whether the same as or different from the instances therein specifically enumerated. If for some reasons, Seller or manufacturer/supplier is unable to ship within a reasonable time after the date scheduled, Seller may, at its option, cancel the agreement without liability, except for return of any amounts previously paid. In no event shall the Seller be responsible or incur any liability for any costs or damages of any nature sustained by Buyer due to any delay in delivery or failure to make delivery as scheduled due to circumstances beyond reasonable con rol. EQUIPMENT WARRANTY: The Seller warrants that the equipment to be furnished pursuant to this proposal will conform to the description contained therein. However, the Seller does not warrant that any new equipment will be free of defects in design, material or workmanship and such equipment is sold subject to such warranties as are made by the manufacture/supplier for breach of any such manufacturer's supplier's warranty, any expense to be for Buyers account. SERVICE WARRANTY: Seller warrants that all installation, start-up or other services to be performed by Seller as described in this proposal will be performed in a workmanlike manner a d in accordance with the applicable laws and regulatio s. However, Buyer shall be responsible for obtaining a y required permits or other govemm ntal approvals required as a condition precedent to Sell rs perf rmance of such services. Such warranty hereunder shall exte d for a period of 90 days after completion of such services. If several different types of services are to be performed, such 90 -day period shall run from the completion date of each type of service. Any claimed deficiency in the matter in which such services are performed must be brought to Sellers attention in writing in such 90 -day period. Upon lapse thereof without such claim eing made, this warranty shall lapse. This warranty is limited to the repair or redoing without charge to Buyer of any defective or non -conforming services. At Seller's option, any warranty work will be performed only during regular working days. This warranty shall be inapplicable if he Buyer or any third par y first attempts such repairs or redoing or if the equipment i volved has been tampered with, altered abused, subjected to abnormal treatment or maintained and operated in accordance with the Sellers or manufacturer's inst uctions and applicable methods. DISCLAIMER: THE FOREGOING IS IN LIEU OF ALL OTHER CLAIMS OR W RR NTIES, ORAL, EXPRESSED, OR IMPLIED, INCLUDING ANY WARR NTY OR MECHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER BASED ON WARR NTY, TORT OR CONTRACT THEORIES, SELLER MAKES NO WARRANTIES WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANT -ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO USED EQUIPMENT, BUYER TAKES ANY USED EQUIPMENT "AS IS". Seller shall not be liable for any direct, special or consequential changes or loss to he Buyer or any third party as a result of defects in the equipment sold nor any damage to the equipment itself or caused by the equipment. Nor shall Seller be liable for any direct special or c rise uential changes or loss t the Buyer or any third party as a result of any defective or non -conforming services performed hereunder. PAT NT INFRING MENT: Seller shall not a liable for any change, loss or expenses incurred by Buyer in the event of any suits the Buyer for an alleged infringement of any patent rights, covering eq ipment sold to buyer hereunder. However nothing herein shall be construed as relieving the manufacturer of such equipment from any responsibility it may have to the Buyer in connection with such a claim. SECURITY INTEREST: Except in rases where payment of the purch se price has been guara teed by the posting of a ade uate bond benefiting the Seller and to secure payment of the purchase price. Buyer agrees that the Seller shall retain a security interest in the equipment until Buyer shall have paid in cash the full purchase price for all equipment sold and services performed hereunder. This security interest shall cover any proceeds of the equipment. Upon Sellers request, Buyer shall execute and deliver to Seller any financing statement or other documents requested by Seller reflecting its security interest. The equipment shall at all times be considered and remain the personal property. If full payment of the purchase price is not made when due, Buyer shall pay interest o the delinque t amount at the highest lawful contrac rate, not to exceed 18% per ann m, and all costs of collection, including reasonable attorneys fees. Such interest and costs shall be deemed secured by the foregoing security interes . INSURANCE: So long as any portion of the purchase price remains unpaid, Buyer at its cost shall obtain insurance against loss o damage from all exter al causes, naming the Seller as an insured in an amount and form sufficient to protect the Seller's security interest in the equipment. APPLICABLE LAW: The validity, perform rice and construction of the proposal shall be governed by the laws of the State of Washington 3of3 Contract No. FY2022-23 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT BOROUGH BUILDING MECHANICAL UPGRADES # 20005 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 Scott's Heating & Plumbing Services Inc. Company Name 1414 Mill Bgy Road Kodiak AK 99615 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ❑Limited Liability Company ❑Sole Proprietorship ®Corporation incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and 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 Nine Hundred Sixty -Three Thousand Ninety Three Dollars and Zero Cents ($963,093.00) for the Base Bid. 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: August 30, 2022. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover Liquidated Damages as described in the General Conditions for each calendar day elapsing between the time stipulated for achieving completion of an individual phase and the actual date of completion of that phase in accordance with the terms hereof, such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY2022-23 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 fumishing 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 $963,093.00 Payment Bond, and $963,093-00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means David Conrad or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: 1) Drawings dated October 20, 2021 2) Project Manual dated October 20, 2021 3) Addendum 1 dated October 29, 2021 4) Addendum 2 dated November 10, 2021 5) Addendum 3 dated November 12, 2021 6) Addendum 4 dated November 17, 2021 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2022-23 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Scott's Heating & Plumbinp, Services, Inc. Company Name t ure If Authorized Company Representative Name and Title c Date KO IAK ISLAND BOROUGH Signature of Borough Manager Printed Name DI V vD em? -4D J Alise Rl Borough (ATTEST) Kodiak Island Borough Construction Contract Page 3 of 3 Kodiak Island Borough Assembly Newsletter Vol. FY2022, No 19 December 03, 2021 At Its Regular Meeting Of December 02. 2021, The Kodiak Island Borough Assembly Took The Following Actons. The Next Regular Meeting Of The Borough Assembly Is Schedu ed On December 16, 2021 At 6 30 p m. At The Bayside Fire Hall AUTHORIZED The Borough Manager To Execute Contract No. FY2022-20 Kodiak Fisheries Research Center Fume Hood Exhaust Upgrades, AUTHORIZED The Borough Manager To Execute Contract No, FY2022-21 PKIMC Day Tank Replacement With Premier Mechanical LLC In The Amount Of $120,344. AUTHORIZED The Borough Manager To Execute Contract No. FY2022-23 With Scotts Hearing And Plumbing In The Amount Of $963,93 For The Base Bid. APPROVED Resolution No. FY2022-18 Confirming Application For The State Of Alaska American Rescue Plan Act Local Government Lost Revenue Relief Program_ CONVENED INTO EXECUTIVE SESSION For The Matter Of Review And Input In Regards To The Interim Borough Manager, Dave Conrad Under KIBC 2.30.030(F)(1)(C) For The Purpose Of Discussing Matters Which May Tend To Prejudice The Reputation Or Character Of A Person, Who Has Been Notified Of The Potential Executive Session And Has Waived The Right To Require The Discussion Take Place In Open Session. INVITED The Mayor, The Assembly, And The Interim Borough Manager, Dave Conrad Into Executive Session. ANNOUNCED That No Action Was Taken As A Result Of The Executive Session. View our website: Visit our Facebook page: Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter 91 0 @KodiakBorough