FY2012-22 MOA with the Alaska Department of Transportation and Public Facilities - ADF&GMEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into as of the e day of
e "0 A of ?� by and between the State of Alaska, Department of Transportation and
Public Facilities ("DOT&PF"), State of Alaska, Department of Fish & Game ("DF&G"),
and the Kodiak Island Borough ("KEEV').
DOT&PF is constructing the Kodiak Near Island Administrative and Research
Facility (the "Facility") for DF&G. The Facility is owned by the State and will be
operated by DF&G, but KIB has a substantial interest in seeing the Facility constructed,
and before construction commenced, KIB received grants from the State of Alaska,
Department of Commerce, Community and Economic Development (DCCED), for the
purpose of design, site work, and construction of the Facility. KIB contracted for the
design of the new facility and provided DOT&PF a set of final design and construction
plans and specifications, which DoT&PF is using to construct the Facility. DF&G is
providing funding for construction, and DOT&PF anticipates its contractor will complete
construction in early in 2013.
During site preparation for the initial construction, significant sub -surface changed
conditions were encountered that escalated the project costs significantly. KIB
acknowledges that the newly -discovered sub -surface conditions encountered were not as
anticipated in the plans prepared and furnished to DOT&PF for construction of the
Facility. DOT&PF has expended significant funds not included in the construction
budget to cover the unanticipated costs associated with the changed site conditions. KIB
has $1.2 million in funds remaining from the DCCED grant that can be utilized on the
project to offset the additional costs that were incurred due to the changed site conditions,
and KIB wishes to utilize those funds for that purpose. Accordingly, the parties agree as
follows:
1. Construction Management. DOT&PF agrees to continue to manage all aspects
of the construction of the Facility for DF&G.
2. Payment of Costs. KIB agrees to reimburse DOT&PF, from the remaining
DCCED grant funds available to KIB, all additional project construction costs incurred
by DOT&PF resulting from the changed site conditions in an amount not to exceed
$1,200,000.00. DOT&PF will provide KIB with appropriate invoices and/or change
order documentation to support such actual charges for reimbursement. Upon receipt of
each invoice, KIB shall promptly apply to DCCED for reimbursement out of the Grant
Funds, and immediately upon receipt of those funds, KIB shall remit to DOT&PF
payment in the full amount of the invoice. In lieu of reimbursement to DOT&PF,
DOT&PF may direct KIB to make direct payments for construction invoices which shall
be applied to the $1,200,000.00 limit.
Memorandum of Agreement Page 1 of 3
3. Additional Expenses. DF&G agrees to reimburse DOT&PF for any cost
increases associated with the changed site conditions in excess of the amounts to be paid
by KIB pursuant to this Agreement, subject to the availability of appropriated fimds to
pay thosecosts.
4. Project Schedule. The anticipated schedule for completion of the facility is
attached # A.
design5, Procurement of Labor and Supplies. Except as otherwise provided in this
Agreement, all expenditures related to the
regulationsfacility shall be made under the terms of the State of Alaska's Procurement Code, AS
36.30, and the
representative.6., Ownership. The State will retain ownership of the Facility upon completion, and
DF&G will be solely responsible for the maintenance and operation of the new facility.
8. Project Representatives. DOT&PF and KIB shall each appoint a project
representative. All communications regarding design or construction of the Facility, and
all notices required by this Agreement, shall be directed to the appropriate parties' project
party,parties'
1•roiect representativesbe as follows:
DepartmentDOT&PF: Dave Kemp, PE, PMP
. •r
and Public
2200 E. 42 nd Avenue
Rick Gifford, Borough Manager
0 Mill BayRoad
ri.
Kodiak., . . 99615
9" Governing Law. This Agreement shall be governed by the laws of the State o
■
�- •
10. Interpretation. parties have bothhad an opportunity !consult
attorneys and modify this Agreement, and agree the rule of construction interpreting anJA
ambiguities against the drafter shall not apply. I
11. Modifications. This agreement may be modified or amended only by written
agreement signed by both parties.
Memorandum. of Agreement Page 2 of 3
EXECUTED
BY THE PARTIES as of the date provided
By:
Rick Gifford, Bor96f
Manager
ATTEST:
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Nova Javier, Borough erk
SKA
STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES
By:
Jo'I St. ubin, PE
Chie Statewide Public Facilities
X11�, 1
By: ................... ? 1, 2- 2,
Brooks
Memorandum of Agreement Page 3 of 3