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2025-03-13 Special MeetingKodiak Island Borough Assembly Special Meeting Agenda Thursday, March 13, 2025, 6:30 p.m. Assembly Chambers This meeting was called by the Mayor. This meeting is open to the public and will be broadcast on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202. 1. ROLL CALL 2. CITIZENS COMMENTS 3. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of PCB Materials For The Mental Health Buildings Demo And Abatement With Far North Services Not To Exceed $349,563.12 Agenda Item Report - Pdf 5. INFORMATIONAL MATERIALS A Meeting Materials Page 2-9 10 - 12 Page 1 of 12 AGENDA ITEM O.A. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 13, 2025 ASSEMBLY SPECIAL MEETING SUBJECT: Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of PCB Materials For The Mental Health Buildings Demo And Abatement With Far North Services Not To Exceed $349,563.12 ORIGINATOR: Codi Allen, Project Manager/Inspector RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2025-35, Change Order #1, for the removal and shipping of PCB materials for the Mental Health Buildings Demo and Abatement with Far North Services in an amount not to exceed $349,563.12. DISCUSSION: The Assembly awarded Contract No. FY2025-35 on December 19, 2024, in the amount of $1,310,000. During initial site visit and meetings with the successful contractor, Far North Services, it was determined by the KIB E&F Director and Environmental Specialist that the materials being tested for asbestos also needed to be tested for polychlorinated biphenyls (PCB). This is due to the fact that the Kodiak Island Borough Landfill permit does not allow for any PCB material to be disposed of in the Landfill. The contractor and third -party testing concluded that PCBs are present in a majority of the materials. All of the PCB containing materials will need to be separated from the waste streams and shipped off the island. Attached is the Change Order being presented for the additional separation and shipping of the PCB containing materials. This change order includes a per -container cost of $14,565.13 and will be limited to twenty-four (24) containers, for a total Not to Exceed Cost of $349,563.12. The Borough Projects office will be closely monitoring the containers for maximum use and will only be required to pay for the containers used. The containers that arrive onsite that go unused will be the Contractors responsibility to return to their location of origin at no additional cost to the Borough. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Contract FY2025-35 Far North Services with All Attachments Kodiak Island Borough Page 2 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM #3.A. KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD Project Name: Project Number: KODIAK, ALASKA 99615 Mental Health Building Demo & Abatement 25006 Contractor: Far North Services, LLC Contract No.: FY2025-35 Change 01 Order No.: Original Project Budget: $ 0.00 Original Contract: $ 1,310,000.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 0.00 Adjusted Project Budget: $ 0.00 This Change: $ 349,563.12 To -Date Project Expenses: $ 29,116.90 % of Original Contract 25.82% To -Date Project $ 0.00 Adjusted Contract: $ 1,659,563.12 Encumbrances: Current Remaining $ 0.00 Budget: Description of Change Cost The original contract contemplated the delivery of roughly 260 tons of waste to the Kodiak landfill at a cost of NTE 24 @ $365 per ton. The modified scope of work contemplates that 24 containers will be provided by the contractor, $14,4565.13 ea filled with waste material containing PCBs, and shipped out for proper disposal at another location rather than being delivered to the Kodiak landfill. All shipping and disposal will be the responsibility of the contractor, paid Total NTE cost of at the fixed rate of $14,565.13 per container, inclusive of all shipping, disposal, and related costs. This amount $349,563.12 reflects the net change per container and includes a reduction of $800 per container in disposal costs at the Kodiak landfill, which will no longer be part of the contract scope of work. The remainder of the non -PCB -containing materials will be deposited at the Kodiak landfill at a cost of $365 per ton. Preliminary results from our internal PCB testing have been received. In discussions with the third -parry environmental contractor, EMI, the following laboratory results have been provided: • 32 samples of paint on gypsum wallboard systems were collected. Of these, 28 samples contained detectable concentrations of PCBs. The 4 samples that did not contain detectable concentrations of PCBs were taken from areas within Building 101 identified as having "new" wall systems that are free of asbestos, as noted in EMI's June 2022 Hazardous Building Materials Survey. • 12 samples of paint on wood trim in the vicinity of stairs were collected. All 12 samples contained detectable concentrations of PCBs. These samples were taken from baseboards, handrails, and wood risers, where present. • 6 samples of paint on additional materials were collected. Of these, one sample —taken from wood trim on a window in Building 102—contained detectable concentrations of PCBs. Any wood window trim not identified as having been replaced when vinyl windows were installed should be considered to contain PCB -containing paint. This change order reflects only the price per container used. KIB will not be responsible for containers shipped to Kodiak but not used for this project. The KIB Project Manager/Inspector, or their designee, will be required to inspect each container prior to departure from the job site to ensure that maximum volume is being used. KIB will also require Far North Services LLC to provide all necessary state and federal documentation, including but not limited to container identification, material type, hazard type, and weight for each container. This change order is based on the negotiated fixed price of $14,565.13 per container and is not -to -exceed (NTE) a total of $349,563.12 or 24 containers. If the contractor anticipates that more containers will be needed at any point, they must notify the KIB Project Manager/Inspector, or their designee. A new change order will need to be issued, which will require KIB Assembly approval. This process may take between 2-4 weeks, so the contractor is encouraged to plan accordingly. KIB will not be held liable for delays resulting from the need for additional containers beyond the NTE quantity of 24. The time provided for completion of the contract is (® unchanged) (❑increased) (❑decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Revised 09119 Page I of 2 Page 3 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM #3.A. Per Borough Code 3.30.100, a change order that does not exceedfivepercent of the original contract amount or $50,000, 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 officer and one assembly member in the absence of the mayor. Change orders greater than the percent ofapproved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By: Date: Contractor's Representative Recommended: Date: Date: Engineering/Facilities Director Finance Director Approved By: Date: Attest: Date: Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50, 000, whichever is lower) Approved By: Date: Date: Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent ofapproved contract amount or $50,000, whichever is lower) Approved By: Date: Attest: Date: Borough Manager Borough Clerk Revised 09119 Page 2 of 2 Page 4 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM #3.A. SECTION 00 5100 — CONSTRUCTION CONTRACT KODIAK ISLAND BOROUGH, ALASKA Project: Mental Health Buildings Demo & Abatement Project Number: 25006 / Contract Number: FY2025-35 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and FAR NORTH SERVICES, LLC Company Name PO Box 210483, Anchorage, AK 99521 Company Address (Street or PO Box, Kodiak Island Borough, State, Zip) a/an Individual Partnership Joint Venture 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. 1. 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. 2. 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. 3. Payment under this Contract shall not exceed the BASE BID amount One Million, Eighty Thousand dollars ($1,080,000.00). Plus Bid Modification, per section 004210, of two hundred and thirty thousand dollars and zero cents ($230,000.00). For a Contract total of One Million, Three Hundred and Ten Thousand dollars and zero cents ($1,330,000.00). The Parties acknowledge that funds for the payment of this contract are subject to the availability of funds lawfully appropriated for that purpose. 4. 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 KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT MENTAL HEALTH BUILDINGS DEMO & ABATEMENT 00 5100 -1 Contract FY2025-35 Page 5 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM O.A. 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 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 KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT MENTAL HEALTH BUILDINGS DEMO & ABATEMENT 00 5100 - 2 Contract FY2025-3S Page 6 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM O.A. 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. 5. (If required) The bonds given by the Contractor in the sum of five percent (5%) of total bid amount. Five percent of the bid amount is equal to $ 65,500.00 Payment Bond. 6 (If required) Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. 7. 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 alltimes and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. 8. For purposes of this Contract, Contracting Officer means David Conrad, Engineering Director, or Codi Allen, Project Manager, or any other person designated by the Borough Manager. 9. The Contractor is an independent contractor and not an employee or agent of the Borough. 10. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract located at Projects Office I Kodiak Island, AK - Official Website, 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) Invitation to Bid [Specifications) Dated Nov. 27, 2024, Addendums, and Bidder's Submission (2) Specifications Appendix 1 Environmental Site Survey Dated June 14, 2022 (3) Specifications Appendix 2 Hazardous Building Materials Survey Dated June 15, 2022 (4) Drawings Dated Nov. 27, 2024 KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT MENTAL HEALTH BUILDINGS DEMO & ABATEMENT 00 5100 - 3 Contract FY2025-35 Page 7 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM #3.A. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Far North Services LLC C''om//pan��y Name Signature of Authorizd&ompany Representative Vladimir Berezyuk / Member Typed Name and Title 12/26/2024 Date KODIAK ISLAND BOROUGH Signat re of Borough Manager OG Wtea—I aykS Typed Name ® _ Date A� B roug Jerk Attest) KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT MENTAL HEALTH BUILDINGS DEMO & ABATEMENT 00 5100 - 4 Contract FY2025-35 Page 8 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... AGENDA ITEM O.A. NOTICE OF INTENT TO AWARD KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 Contractor: Far North Services, LLC Project: Mental Health Builidng Demo & Abatement Address: PO Box 210483 Contract No: FY2025-35 Anchorage, AK 99521 Contract Amount: $ 1,390,000.00 The Kodiak Island Borough (Owner) has considered the bid submitted by you for the above -described work in response to its Notice of Invitation to Bid dated November 27, 2020. You are hereby notified that your proposal in the amount of $ 1,390,000 has been accepted and recommended for award of contract. However, please be advised that this Notice of Intent to Award does not obligate the Owner. A legal binding agreement will not be entered into until the Contract has been signed and received administrative or Assembly approval. Award is also contingent on the end of the Protest Period which ends ten (10) days after the bid opening, which is December 23, 2024. If you fail to execute the said Agreement, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid to be abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Intent to Award to the Owner. Dated this 13th of December 2024. kW AW , a S6t- oltAt By: Attest: Ty ✓ wl 16mer David Conrad, Acting O cial Nova M. Javier, Borough Clerk For Borough Manager, Aimee Williams ACCEPTANCE OF INTENT TO AWARD Receipt of the foregoing Notice of Intent to Award is hereby acknowledged. Dated this 26th of December - 2024. By: 1/iyiwz l3a�z? Vladimir Berezyuk Title: Member Page 9 of 12 Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of... v cQ m 0 0 N KODI K ISLAND BOROUGH BOARD OF EQUALIZATION ROLL CALL SHEET I') �j 9 I l Re ular Spec— Date: W I Convened: �V Recessed: Reconvened: Adjourned: U BY: SECOND: VV` BY: SECOND: n W/ BY SECOND: V BY: SECOND: BY: SECOND: i I YES NO YES NO YES NO YES NO YES +X Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. JohnsonJohnso Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt --Sharratt Mr. Smiley V Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside V Mr. Whiteside V Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: U I TOTAL: TOTAL: TOTAL: The mayor may of vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt I V Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt AGENDA ITEM #5.A. Meeting Type KODIAK ISLAND BOROUGH Assembly Special Meeting Please F'KIN I vour name lealb Date: March 13, 2025 Phone number Page 11 of 12 AGENDA ITEM #5.A. C Vol. FY2025, No. 17 Kodiak Island Borough Assembly Newsletter March 14, 2025 At Its Special Meeting Of March 13, 2025, The Kodiak Island Borough Assembly Took The Following Action. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, March 20, 2025, At 6:30 p.m. In The Borough Assembly Chambers. AUTHORIZED The Borough Manager To Approve Contract No. FY2025-35, Change Order #1, For The Removal And Shipping Of PCB Materials For The Mental Health Buildings Demo And Abatement With Far North Services In An Amount Not To Exceed $349,563.12 View our website: www.kodiakak.us 91 Visit our Facebook page: www.facebook.com/KodiakislandBorough Page 12 of 12