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93-59 Island Environmental Services - Underground Storage Tank RemovalOWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this 8th day of November, A.D., 1993, between the Kodiak Island Borough, acting by and through its Borough Mayor, party of the first part, and Island Environmental Services of Kodiak, Alaska. A CORPORATION, incorporated under the laws of the State of Alaska its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish and install the materials and to do and perform all the work and labor required in the construction of Underground Storage Tank Removal in the Kodiak Island Borough, Kodiak, Alaska, for the sum of twelve thousand nine hundred and six dollars ($12,906). The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough subject to inspection at all time and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulation of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Mayor or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew, to the satisfaction and the approval of the Borough Mayor or his representatives, at the cost and expense of the Contractor. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Mayor, on or before 5 days from Notice to Proceed. Itis expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Mayor, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor , or if no monies shall be due, the party of the first part shall have the right to recover Two Hundred Dollars ($200) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Mayor may at his discretion, extend the period hereinbefore specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. 532-13 - Agreement Page 1 of 3 It is distinctly understood and agreed that no claim for additional work or materials, not specifically herein provided, or furnished by the Contractor, will be allowed by the Borough Mayor, nor shall the Contractor do any work or furnish any material not covered by this contract, unless such work is ordered in writing by the Borough Mayor. In no event she" the ContlaCtue *11CUI any liability by reason of any verbal directions or instructions that he may be given by the Borough Mayor, or his representatives, nor will the said party of the first part be liable for any materials furnished or used, or for any work or labor done, unless said materials, work or labor are required by said Contractor on written order furnished by the Borough Mayor. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the said Contractor's own risk, cost and expense and he hereby covenants and agrees that without such written order he shall make no claim for compensation for work or materials so done or furnished. Any dispute arising under this contract which is not disposed of by agreement between the Contractor and the Project Manager shall, at the request of the Contractor, be decided by the Contracting Officer who shall reduce his decision in writing and mail or otherwise furnish a copy thereof, to the Contractor. The Contracting Officer reserves the right to make written request to the Contractor at any time for any additional information needed to make his decision. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Kodiak Island Borough Assembly, a written appeal. The Notice of Appeal shall include specific exceptions to the Contracting Officer's Decision, including specific provisions of the contract relied upon. General Assertions that the Contracting Officer's Decision is contrary to law or, to fact, are not sufficient. The decision of the Kodiak Island Borough Assembly shall be rendered within 120 days of the Notice of Appeal. The decision shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary , or so grossly erroneous as necessarily to imply bad faith. The Disputes article does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this contract, however, shall be construed as making final the decisions of the Kodiak Island Borough Assembly or its representative on a question of law. At all times during the time that a dispute is pending and in the process of being resolved or decided, the Contractor shall proceed diligently with the work so as to achieve, if at all possible , performance of the work within the contract allotted time. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete said contract to the satisfaction of the Borough Mayor. It is further distinctly agreed that the said Contractor shall not assign this contract, nor any part thereof, nor any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. 532-13 - Agreement Page 2 of 3 IN WITNESS WHEREOF, The Kodiak Island Borough Mayor, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR //�J'!f�`/////t -2S!�"-j ZZ4zZ, X Borougb Mayr Ti le: President By �iVP_ jY e it -8-93 /EngineerincjVFdcilitW Director Attest: By 1144 Borough C e k 532-13 - Agreement Page 3 of 3 Kodiak Island_ Borough AGENDA STATEMENT Meeting of: November 4, 1993 ITEM NO. 12.E -6 - Contract No. 93-59 ITEM TITLE: Borough Building UST Removal and Inspection SUMMARY STATEMENT: An oil release has been identified from the 5,000 gallon U.S.T. behind the Data Processing Dept. at the Borough Building. Immediate response and action is required from the ADEC. Quotes were requested from AK Construction & Island Environmental Services which has the certification needed. Recommend award to Island Environmental Services, low bidder. FISCAL NOTES ACCOUNT NO. 220-232-450-430 N/A Expenditure Amount Required $12,906 Budgeted $ 20,000 APPROVAL FOR AGENDA: WALTER J. HICKEL, GOVERNOR DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE Telephone: (907) 563-6529 Contaminated Site Programs Fax: (907) 273-4331 3601 C Street, Suite 1334 Anchorage, AK 99503 CERTIFIED MAIL RETURN RECEIPT REQUESTED NO. P 521 088 693 October 25, 1993 Jerome Selby Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Notice of Release, Kodiak Island UST Facility ID#: UST Registration -Facility ID 2936 Lat: Long: Legal Description: SPILL #: 93-2-5-00-284-1 Dear Mr. Selby: 07 2 I 03 Our office has received a report stating a petroleum release occurred from an underground storage tank system (UST) at the Kodiak Island Borough building, 710 Mill Bay Road, Kodiak. AK 99615. This release occurred from tank ID 1, an UST partly used as an emergency generator. This letter confirms that the release was reported to Bill Reith of the department's Kodiak Field office on October 11, 1993. Notification of this release has not been given to other agencies. Information provided on release The release was reported by Robert Trousil, Environmental Engineer, on behalf of your facility. According to Mr. Trousil your agency apparently first had knowledge that a release had occurred on the morning of October 11, 1993, the date the release was reported. The responsible party for the facility appear to be Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615 (Ph: 486-9343). According to Mr: Trousil: the type of product released is diesel number 2; the cause of the release is not confirmed but was believed to a return line leak: the tank was tested tight last year; oil was observed weeping between cement gutter and asphalt of a parking lot; the surface area contaminated is approximately 100-150 square feet; the volume of contaminated soil is unknown; no soil has been excavated or stockpiled; contamination of principal water supplies is not known to have occurred. Mr. Jerome Selby -2- October 25, 1993 - within I mile of the site, there are ground water is not believed to be used. Access to the site is uncontrolled; - the site is in a suburban area; - there are occupied buildings within 500 feet of the site; these occupied buildings include a high school approximately 500-1,000 feet away - no personal injuries were reported from the release; actions have been taken to contain or cleanup the release; these actions include removal of fuel from the tank and use of absorbent pads to contain the spread of fuel on the parking lot; - no additional fuel is seeping; within the next two weeks the borough intends to dig a trench to contain the release. Requirements Alaska's Underground Storage Tank (UST) Regulations (18 AAC 78) contain specific requirements for responding to releases from regulated USTs. The following information is provided as a summary of current laws, regulations and guidelines to further assist you in responding to the release. In accordance with 18 AAC 78.220, within 24 hours of discovering a release the owner or operator must report the release to the department, take immediate action to prevent further release and identify and reduce fire and safety hazards. In addition to reporting the release, the owner or operator of the UST must perform Initial Abatement and a Site Assessment/Release Investigation, in accordance with 18 AAC 78.230, including the following: continuing to monitor and reduce fire and safety hazards; reviewing inventory control records and repair records; —� determining the type of backfill used around the UST; estimating the depth to the groundwater; measuring the extent and location of the release (in accordance with an approved QAPP); storing excavated contaminated materials in a manner that prevents further migration of contaminants (follow stockpiling guidelines); Enclosed is a Site Assessment/Release Investigation Summary Form to further assist you in conducting work and reporting the required information. A site assessment/release investigation report must be submitted within 30 days of discovery of a release. The department may grant 14 day extensions, if requested and determined necessary. In addition, upon confirmation of a petroleum release, the owner or operator of the UST must undertake Corrective Action in accordance with 18 AAC 78.240. Corrective Action includes, at a minimum, the following: Mr. Jerome Selby -3- October 25, 1993 I determining the nature and amount of the release; conducting a preliminary risk evaluation (see enclosed form); determining the full extent and location of soils contaminated by the release; —� determining the presence and concentration of dissolved contamination in the ground water; removing free product (if present) from soils and ground water; treating or removing contaminated soil and ground water; and treating and/or disposing of contaminated cleanup materials, including soil and/or water removed from the area affected by the release. Treatment and/or disposal of cleanup materials must be conducted with prior approval from the Department. The UST regulations require submittal of an interim corrective action report, preliminary risk evaluation form and a free product recovery report within sixty (60) days of identifying a release. Again, the department may grant extensions on a case by case basis, if determined necessary. Based on the information that will be submitted, the Department may request additional information and/or work plans which are determined necessary to respond to this release. Enclosed are copies of a Preliminary Risk Evaluation Form, a Site Assessment/ Release Investigation Summary Form, UST closure and cleanup grant applications (financial assistance), a list of firms with licensed UST workers and firms with approved QAPPs and guidance for selecting a contractor and consultant to help you address this release. Please note that the collection of field data and submittal of reports must be conducted by, or supervised by a qualified, impartial, third party with an approved Quality Assurance Program Plan (QAPP) on file with the Department (a list of firms with approved QAPPs is enclosed). The requirement for an impartial third party may be waived by the Department if: 1) It is documented that a qualified, objective, person will conduct the work. 2) The Department reviews and approves the documentation pertaining to "qualified" and "objective" prior to initiation of the field work. In addition, please note that according to 18 AAC 78.400, no person may conduct and no owner or operator may allow to be conducted any part of an UST installation, repair, reconfiguration, closure, tank tightness test or cathodic protection test unless the person conducting the test is certified by the state or is directly supervised by someone who is certified and that supervisor inspects the work and approves the work in writing. Mr. Jerome Selby -4- October 25, 1993 Please note if you intend to apply for financial assistance, as provided for by AS 46.03.410, please forward completed assistance applications and copies of all work plans and reports to the UST financial assistance program, 3601 C Street, Suite 398, Anchorage, Alaska 99503. You will help satisfy both state and federal regulations by following the requirements outlined above. If you have any questions, please do not hesitate to contact me at 563-6529. Also, please note that these UST have not yet been registered with the Department. Based on the information, available, it appears that completion of the enclosed registration form will help satisfy this requirement. If you have any questions on this form, please contact Linda Neuchterlein at the phone number at the bottom of the form. This form should be submitted to the address at the bottom of the form. Please include the facility name, facility ID number and the spill number as shown at the top of this letter in all future correspondence. Please submit reports to me at the address below: Sincerely, W`(2, C_�_'� Kent Patrick -Riley UST/LUST Program, SCRO KPR:el cc: Don Fritz Bonnie Friedman, UST Financial Assistance Program, ADEC Linda Neuchterlein Bill Reith, Kodiak Field Office Ray Dronnenburg, WDO Robert Trousil, E.viroo .W E.&.,. Kodiak Mand Borough, 710 Mill Bay Road Kodiak. AK 99615; Aan: Eoginoennc Facilifi c Acti.: NORL. ADD Enclosures: ■ Site assessment/release investigation summary form ■ Preliminary risk evaluation form ■ Firms with licensed ust workers and firms with approved qapps ■ Tank upgrade and closure application ■ Tank cleanup grant and loan application ■ Selecting a firm to conduct cleanups & site investigations ■ Registration form 1.) 4p&oEek_u.. Kodiak Island Borough Request For Quotation Removal of Underground Storage Tank FAX #4b� - Z 10/ The Kodiak Island Borough requests that your company submit a price quote to remove one (1) underground heating oil storage tank located at the Kodiak Island Borough Building. Fuel oil has been removed from the tank which had contained #2 diesel. Your immediate response is requested. The Kodiak Island Borough has identified the following elements as the basis for the price quotation: 1. State Certified UST Supervisor 2. Field technician/crew 3. Excavation work 4. UST monitoring and Soil Sampling 5. Inertion Gas (for tank) 6. Removal and Transport of Tank to KIB Landfill 7. Removal and Transport of up to 50 cubic yards of Contaminated Soil 8. supply 30'x30' 24 mill pit liner 9. supply 30'x30' 12 mill cover liner 10. Data Evaluation and Final UST Removal Report Please submit written and faxed price quotes by 12:00 noon, November 1, 1993. Award of the work will be based on lowest bid received, however, the Kodiak Island Borough reserves the right to reject or accept any or all quotations, to waive any irregularities or informalities in the quotation and to give particular attention to the qualifications of the contractor. Please indicate availability to begin work immediately. If you have any questions or require additional information, please do not hesitate to contact Robert Trousil at 486-9341 or 486-9376 (fax). Thank you. Dated October 29, 1993 Kodiak Island Borough Engineering/Facilities Dept. Island Environmental Services P.O. Box 3227 Kodiak, Alaska 99615 Bob Trousil Environmental Engineer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615-6340 19 -Oct -93 RE: Tank closure. Dear Bob: The following is a cost estimate for performing a UST closure on the Borough's 5,000 gallon heating oil tank located at the KIB office building which is suspected of leaking. COST ESTIMATE A.) State Certified UST Supervisor $1,280.00 B.) I.E.S. Technician $752.00 C.) Excavation Work $4,644.00 D.) UST Monitoring & Soil Sampling $2,909.00 E.) Data Evaluation & Final Report $2,539.00 F.) Inertion Gas $150.00 G.) 30'x30' Pit Liner 24 mill $389.00 H.) 30'x30' Pit Cover 12 mill $243.00 COST ESTIMATE TOTAL $12,906.00 This cost estimate was calculated on the bases that some contamination would be found in the tank pit and would need to be transferred to the KIB land fill for storage, and that the 5,000 gallon tank would also be transported to the land fill which would be used for holding waste oil or be cut up at a later date. Thank you for considering Island Environmental Services in this and future projects. Sincerely, Richard H. Walker Manager Page 2 Kodiak Island Borough Request For Quotation Removal of Underground Storage Tank TO FAX #4 Z� 5 The Kodiak Island Borough requests that your company submit a price quote to remove one (1) underground heating oil storage tank located at the Kodiak Island Borough Building. Fuel oil has been removed from the tank which had contained #2 diesel. Your immediate response is requested. The Kodiak Island Borough has identified the following elements as the basis for the price quotation: 1. State Certified UST Supervisor 2. Field technician/crew 3. Excavation work 4. UST monitoring and Soil Sampling 5. Inertion Gas (for tank) 6. Removal and Transport of Tank to KIB Landfill 7. Removal and Transport of up to 50 cubic yards of Contaminated Soil 8. Supply 30'x30' 24 mill pit liner 9. Supply 30'x30' 12 mill cover liner 10. Data Evaluation and Final UST Removal Report Please submit written and/or faxed price quotes by 12:00 noon, November 1, 1993. Award of the work will be based on lowest bid received, however, the Kodiak Island Borough reserves the right to reject or accept any or all quotations, to waive any irregularities or informalities in the quotation and to give particular attention to the qualifications of the contractor. Please indicate availability to begin work immediately. If you have any questions or require additional information, please do not hesitate to contact Robert Trousil at 486-9341 or 486-9376 (fax). Thank you. Dated October 29, 1993 Kodiak Island Borough Engineering/Facilities Dept. FROM TELEPHONE .._._._.'..i`..!-�� 4--------' PROPOSAL NUMBER DATE _. SHEET NO _..... - — -OF.. - j ARCHITECT DATE OE PLANS ..7 g OST RSvlL_OlnJl� WORK TO BE PERFORMED AT snsmn srnrr "'"-- We propose to furnish all the materials and perform all the labor necessary for the completion of 6. i-49-wliL _Zq 49 i All material is guaranteed no be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of lS__ with payments to be, made as follows: Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents ar delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Respectfully Submitted f !� Workmen's Comperssarion and Public liability Insurance on above work taken out by For NOTE: This prtiposal may be withdrawn'by'us if not accepted withindays. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to ,To the work a3 tptfifiyA. Payment will be made as nutlined above. ORIGINAL Signature Certified UST Installers Western Mechanical, Inc. PO Box 66067 Fairbanks,nv 99706 _. �� (907) 452-1831 Southeast Alaska Arrowhead Transfer PO Box 177 Sitka, AK 99835 (907) 747-8647 Marion Hobbs Construction PO Box 210447 Auke Bay, AK 99821 (907) 789-5952 Petroleum Services, Inc. PO Box 32437 Juneau, AK 99803 (907) 789-1918 Southeast Engineering PO Box 8278 Ketchikan, AK 99901 (907) 225-6513 Kenai Pennisula Chumley's Inc. PO Box 753 Sterling, AK 99672 (907) 262-4668 Jackson Construction 241 Aspen Soldotna, AK 99669 (907) 262-4485 Kodiak A -K Construction PO Box 886 Kodiak, AK 99615 (907) 487-4400 Kodiak Tank Service PO Box 979 Kodiak, AK 99615 (907) 486-5216 Michael Desmond Brad Erichson Len Riley Marion Hobbs John Bertholl Jerry Godkin Richard Ipsen Brian Jones George Lybrand Donald McCloud Harold Jackson John Mills C.F. Lottsfeldt June 2, 1993 Certified UST Installers Island Environmental Services PO Box 3227 Kodiak, AK 99615 (907) 486-8351 Mat -Su Valley Brown and Root Services Corp. 411 Jerome Drive Wasilla, AK 99654 (907) 428-2241 Eagle Contracting Corp PO Box 1125 Willow, AK 99688 Hermon Brothers Construction 111 West El mond Palmer, AK 99645 (907) 745-3249 New Horizons PO Box 2049 Palmer, AK 99645 (907) 746-6022 Delta Junction - Tok Delta Fuel, Inc. PO Box 807 Delta Junction, AK 99737 (907) 895-4887 Marunde & Sons PO Box 192 Tok, AK 99780 (907) 883-4601 Nistler Enterprises PO Box 952 Delta Junction, AK 99737 (907)895-4550 Petroleum Services PO Box 165 Tok, AK 99780 (907) 883-5833 Richard Walker Herb Dunham Mike Sandstrom Ben Hermon Jon Shepherd Darrell Lankford John Lee Mark Ogle Dave Zimmerman David Webber Glen Marunde David Johnson James Heral Roger Harris Myron Bearson June 2, 1993 Certified UST Workers for Closure _- Paid'c GatiirPg __ Gerald Smens_ PO Box 182 Anchor Point, AK 99556 (907) 2354443 Rozak Engineering 36635 Chinula Drive Kenai, AK 99611 (907) 283-5640 Rozak Excavating & Construction PO Box 710 Kasilof, AK 99610 (907) 262-4218 Kodiak A -K Construction PO Box 886 Kodiak, AK 99615 (907) 487400 Kodiak Tank Service PO Box 979 Kodiak, AK 99615 (907) 486-5216 Island Environmental Services PO Box 3227 Kodiak, AK 99615 (907) 486-8351 Mat -Su Valley American Realty Company PO Box 872603 Wasilla, AK 99687 (907) 376-6868 Brown and Root Services Corp. 411 Jerome Drive Wasilla, AK 99654 Eagle Contracting Corp. PO Box 1125 Willow, AK 99688 Fisher Fuels, Inc. PO Box 520209 Big Lake, AK 99652 (907) 892-6359 Ron Rozak David Inabnit Greg Rozak John Mills C.F. Lottsfeldt Richard Walker Wesley Allen Herb Dunham Mike Sandstrom Brad Fisher June 2, 1993 KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 9 3 — 9 Change Order No. Project Name, Number & Location Amount of Contract & Change Orders ci c�nc _ 15 Remc=v..l —:r 4 a Original Contract a :; - _ • u • , Previous Changes Contractor This Change Adjusted Contract Description of Change Cost l;g _ iCC)� L4., ccLlc>=: ]40 _4-A I- Vi "'i /` .iU l..l J!!i_ LVCil,l• .. ..,1d`t C+U� :;OL..•E'il'._ C:i,:.ce1��.31:;. li_3 0,1i iC �6:�li �. .. [li.ziiL:ij 7. i Ulu ` t (: ..1y i c_ u1) - calci .nl 03: alt:: -3 U!_ J01 H.r:'.:� iJUCTllt dLC. d U:.i. "!-: C"i.Ui. biC it ll': !i+liii ll.. c:i t: a Vr.a rel La L:COu('-n c.'11 i.il,;)% 11. ,. _:1uo J Lt L:'1: 1_ i.-U Lc%.i. '._. U( i •l. q� -,. -. � - � :i ._lu.Cr..... 1.. �-l1 :. :,f Llri U1. ♦. 1.1; C: C!. t,l ai A3ci G. i.. (_1U 411 C�.G.iA. a i. l: Jiri __.e yl J_1:. 11.1 :' The time provided for completion of the contract is (unchanged):#waw*. (d w) by a calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto Accepted By: Date `Contractor's Representative Recommended: �� fit. i Date Fac0itylCoordi0alor Approved By: Date Contracting Officer T Copies: Original to Facility Coordinator Canary to Contractor Pink to Project Inspector