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2012-09-27 Work Session Kodiak Island Borough Assembly Work Session Thursday, September 27, 2012, 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) ITEMS FOR DISCUSSION 1. High School Project Update 2. KIB Contract With Kodiak Construction Services PACKET REVIEW PUBLIC HEARING Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. CONTRACTS *Contract No. FY2004 -61E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. RESOLUTIONS — None. ORDINANCES FOR INTRODUCTION Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13- 001). OTHER ITEMS — None. MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS Jensen Yorba Lott Inc. • ' MEMORANDUM Designing Alaska Since 1935 Date: September 28, 2012 To: Woody Koning From: Tony Yorba RE: Kodiak High School Project Status Report CC: The following is a written version of the status report delivered by myself to the KIB Assembly during their work session 9 27 2012. Exhibits referenced in the report are attached. Upper Mill Bay Parking Lot There have been changes of conditions that have resulted in additional costs during the construction of the parking lot. The changes of conditions result largely from discoveries made during construction. The design team and project management were aware that there were significant unknowns regarding the work to be accomplished at the parking lot. Among them were: • Lack of geotechnical data: There was little if any geotechnical information pertaining to the vicinity of the parking lot area. The dense tree stand that existed on the site prior to the construction prevented standard backhoes or drilling equipment from accessing the area. The design team proceeded with assumptions on quantities and locations of rock using what information was available. • Primary power and data cables ran the length of the parking lot which could not be disconnected. No information existed regarding the depth or exact locations of these cables. • A water line crossed approximately half the length of the proposed parking lot. It was known to consist of Transite, a hazardous material containing asbestos that cannot be modified. The design team was directed to proceeded knowing there would be risks due to these unknowns. To mitigate these potential risks, the design team assumed that standard practices used in other localities would be employed. For instance protective concrete can be poured over existing underground electrical conduit if such conduit is too shallow. In a similar fashion, concrete can be poured and insulation added if water pipe does not achieve the normal depth of bury to protect it from freezing. ARCHITECTURE • INTERIOR DESIGN • CONSTRUCTION MANAGEMENT 522 WEST 10" STREET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www.jcnsenyorba lott.com Once construction began, it was discovered that the existing electrical conduit and water line had not been installed to the depths normally required by the utility providers, presumably due to the shallow rock level also found. This coupled with the excavation required to lower the grade at the parking lot area resulted in conditions under which the utility providers would not allow the normal mitigation measures we planned. This required the contractor to excavate significantly more rock than anticipated, and to reach out and obtain expertise in the relocation of the primary power and data conduit, expertise that had not otherwise been required of the contractor for the project. The process of negotiating and then accomplishing the rock excavation and additional expertise resulted in additional delay and cost. We understand there are concerns about how this affects the rest of the high school project, both for this cost and the potential for additional changes of conditions costs. The additional costs of the Upper Mill Bay Parking Lot can be absorbed into the overall project budget. As lessons learned, and to avoid such additional costs in the future, we are taking the following steps in the documents for the next phase of work: • We will recommend that additional test pits be dug to identify more completely the location of rock in the areas to be excavated in the future phases. • All existing utilities in the areas to be excavated in the future will be either demolished or relocated. • A unit price for additional rock excavation will be required as part of future contract award so that delay due to price negotiations is mitigated should unexpected rock be encountered in the future. Building Design Schedule Due to the very high volume of construction planned for Summer 2012 (in excess of $250M), it was decided to postpone bidding of the High School project until Fall of 2012. However, the design team has proceeded with development of the construction documents. The 95% bid drawings, dated June 29, 2012, were prepared and provided to a third party peer review organization who conducted a building permit review and constructability review. (As a point of reference, we normally submit 95% bid drawings for building permit.) The building permit and constructability review was completed by the third party consultant and delivered to the KIB project management August 20, 2012. Examples of the reports are attached to this document. In our opinion, the review (consisting of about 72 pages of code review comments and about 180 pages of constructability comments) was a very good value to the project. The design team is nearly complete with the building permit review comments and plans on submitting them to the KIB for Building Permit the week of October 5. This package (drawings, specifications and completed review comments) will also be submitted to the ARB for their 95% review and approval. The design team is also proceeding with responding to the constructability review comments and plan on having drawing, specifications and completed review comments done by October 17, 2012. . This package can be assumed to be the 100% complete drawings and specifications for your new high school. ARCHITECTURE • INTERIOR DESIGN •LANDSCAPE ARCHITECTURE 522 WEST 10" STREET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www. scnyorbalou.com Project Schedule The project management team is currently working on two project elements- the procurement of a Project Manager (and individual or firm who will work directly for the borough as a representative of their interests for the duration of the high school project), and the selection of a Construction Manager (essentially, the general contractor who will contract with KIB for the construction of the Kodiak High School Renovation and Addition). The following is the schedule for these activities: Project Manager: An RFP was previously issued for the project manager, but the proposals were deemed not to be responsive to the needs of the Borough. Rather than negotiate with a respondent, the Borough Attorney recommended that a new RFP be issued. The following is the schedule for this new RFP: • Advertise about Oct 2 • Contract to KIB Assembly about Nov 15 • Contract Award about Dec 7 This schedule will permit the new Project Manager to be involved in the selection of the construction management firm. Construction Manager: An RFP is being prepared for the selection of a CM firm. The selection process is based on the Alaska State Department of Education and Early Development CM process which uses a criteria based on 60% price, 40% qualifications. This achieves a KIB goal of selecting a best qualified contractor but also do so in a price competitive manner. Once selected, the contract between the parties will use the form the KIB recently developed for the Long Term Care facility, a contract form already prepared by the Borough attorney. The following is the schedule for this process: • Advertise about Oct 19 • Contract to KIB Assembly about Jan 8 • Contract Award about Jan 18 Construction and Phasing Based on the planned PM and CM selection process, construction is planned to start on the site about the first of April, 2013. Possibly early start may occur on selected interior areas of the school the first of February, 2013, if negotiations with the CM firm permit. Project complete is expected during Fall of 2015. The construction phasing schedule is attached to this document. It continues to be refined based on the needs of High School operations. Project Budget Attached is the project budget as approved by DEED and KIB. At this time, all work, including the Upper Mill Bay Parking lot, can be accommodated within these funds available. Cost Estimate ARCHITECTURE • INTERIOR DESIGN •LANDSCAPE ARCHITECTURE 522 WEST 10o STREET JUNEAU, ALASKA 99801 (907) 586-1070 FAX (907) 586 -3959 www.jcn scnyorbalott.com A cost estimate was prepared from the 95% complete documents, (a summary sheet is attached). The estimated value of the base bid construction is $59,709,678. Since this estimate was completed, additional cost savings have been identified. They include: • Transfer of $1,000,000 for AV category equipment from construction to the Equipment category. This would allow purchase of the equipment directly by the Borough which would avoid the overhead and other cost mark ups which would occur if the CM procured the equipment (estimated at $200,000). • Value engineering change to the interiors of the building resulting in reductions of around $190,000. Total estimated base bid construction cost for the 95% complete drawings and specifications is $58,519,678. ARCHITECTURE • INTERIOR DESIGN •LANDSCAPE ARCHITECTURE 522 WEST 10 STREET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www.jcnsenyorba lott.coin ri 4, CODE REVIEW REPORT , 1' } -44. • cr KODIAK-4H1GH SCHOOL ADDITION / ‘ - .2-- &RENOVATION . -it % 4A i Al aska Kodiak, Al .., II I( P p 0 jj # f I 4 August 20th, 2012 1 r% ,/,' N 7.44 N 1., N, ■--,. PCNo. 1218B , 72 . PREPARED FOR --, KODIAK ISLAND BOROUGH 1 1 PC ASSOCIATES Table of Contents I. Code Review Comments PC ASSOCIATES Throughout this report and written on the plans you will find the letters "AVW ". This is short for "At Variance With ". Our job is to find discrepancies within the contract documents, but not to decide which information is correct. That decision is the prerogative of the design architect. On the marked up drawings that accompany this report, you will find keynotes that correspond to the numbered comments for that sheet. Occasionally, numbers are skipped. This means either (a) information questioned was later located rendering that comment unnecessary or (b) comments pertain to a detail or section. Sheet and detail numbers skipped do not necessitate any comments. This report is formatted so that the design architect and engineers can respond to our comments by inputting them directly into an electronic file copy of this booklet. PLEASE TELL US EXACTLY WHERE TO FIND the solution to the problem identified by our comments. If a Resolution Check with PC Associates is a part of this project, please see the following Resolution Check Submittal Procedures and Checklist. This evaluation represents our opinion of compliance of this project with the applicable Architectural, Structural, Electrical, Mechanical, Plumbing and Accessibility Codes based on our general review of the drawings and specifications. In making a general review, some detail items requiring further action have been identified. It should be recognized, however, that other items may exist which we have not been able to identify specifically, this review is not intended to preempt the technical or professional responsibility of the project design consultants in any way and does not represent a warranty or guarantee on our part that other coordination or code compliance problems do not exist. The plan reviewers on this project are as follows: John Bonnici, Architect Lucian Gunter, Architect Steve Sheppard, SE Nichole Plahy, Architect, LEED AP Kathy Hubbert, Mechanical & Plumbing Reviewer /Commissioning Agent Mike Mills, LEED GA Brian Carter, Certified Electrician Drawings Submitted for Review: Disciplines # Of Sheets Dated Architecture 187 06/29/2012 Civil 32 06/29/2012 General 15 06/29/2012 Landscape 10 06/29/2012 Mechanical & Plumbing 284 06/29/2012 Structural 101 06/29/2012 Audio Visual 56 06/29/2012 Electrical 139 06/29/2012 Hazardous Materials 13 06/29/2012 Food Services 7 06/29/2012 PC ASSOCIATES Total 844 Total Project Manual: Volumes 4 Dated 06/29/2012 Soils Report: Not Provided Structural Calculations Volumes 1 Dated 06/29/2012 • PC ASSOCIATES MANDATORY RESOLUTION CHECK SUBMITTAL PROCEDURES KODIAK HIGH SCHOOL- Addition and Renovation - PCA 12 -18B. PC Associates will perform a Resolution Check on this project upon receipt of ALL of the following: 1. Four (4) New complete half size sets of Revised Drawings. 2. One (1) New complete set of Revised Specifications. 3. ONE (1) complete electronic file of the report containing annotated resolutions to each comment inputted into the report file that has been provided. (I.e. specific reference to sheet, detail, etc., where the correction was made and briefly describing the change. Simply stating done, will comply, or revised is not acceptable). 4. ONE (1) Complete PDF set of revised plans and specifications sent on CD or uploaded to the PCA ftp site. IMPORTANT...PLEASE READ *IMPORTANT...PLEASE READ * IMPORTANT...PLEASE READ * IMPORTANT...PLEASE READ *IMPORTANT... Kodiak High School Addition & Renovation Kodiak Island Code Review Report Borough -k ASSOCIATES PCA Job # 12 -18.B Document Date: August 20th, 2012 Review Comment Response to Comment Sheet PCA Comment' # Number # Review Comments NE of Record Response to Comments There appears to be another separated building along with buildings B and C. These buildings are missing the "existing" code summaries and 1 G1.0 0.1 relevant information along with the modification square footages and scopes of work for each separate building. This would require 3 separate code summaries. On the code plan sheet G1.0, diagrams are listed as Fire Areas 1, 2 and 3. 2 G1.0 1 There are no corresponding Fire Areas indicated in the area calculations. The area calculations are listed as Buildings A, B and C. - • Verify the correct year designations have been cited for applicable codes. Under "applicable codes" - Year designation for codes cited are AVW the . Kodiak Building Departments directive on which codes would be enforced. • 3 G1.0 2 Per reviewers discussion with the Kodiak Building department, the codes to be used would be all 2009 year versions with the National Electric Code being the 2011 year version. Under `occupancy" - The "S" occupancy is missing. (Shown on exit 4 G1.0 3 plans). Under "sprinklered" - missing "NFPA 13 fully sprinklered" designation. 5 G1.0 4 1 of 72 12 -18.8 Code Report Y INTERDISCIPLINARY COORDINATION AND CONSTRUCTABILITY j REVIEW REPORT i' it , , KODIAFCHIGH SCHOOL ADDITION --- Is r. e ` w. & A= ' 10 9 Kodiak Alaska, !' August 20th, 2012 ° ,c, / / y /1/2 t / 4/0 ji .40 �JJO`IIIJ - _ _ a_� PREPARED FOR KODIAK ISLAND BOROUGH i . _ .. PC ASSOCIATES Table of Contents I. Plan Review Comments PC ASSOCIATES Throughout this report and written on the plans you will find the letters "AVW ". This is short for "At Variance With ". Our job is to find discrepancies within the contract documents, but not to decide which information is correct. That decision is the prerogative of the design architect. On the marked up drawings that accompany this report, you will find keynotes that correspond to the numbered comments for that sheet. Occasionally, numbers are skipped. This means either (a) information questioned was later located rendering that comment unnecessary or (b) comments pertain to a detail or section. Sheet and detail numbers skipped do not necessitate any comments. This report is formatted so that the design architect and engineers can respond to our comments by inputting them directly into an electronic file copy of this booklet. PLEASE TELL US EXACTLY WHERE TO FIND the solution to the problem identified by our comments. If a Resolution Check with PC Associates is a part of this project, please see the following Resolution Check Submittal Procedures and Checklist. This evaluation represents our opinion of the Interdisciplinary Coordination and Constructability based on our general review of the drawings and specifications. In making a general review, some detail items requiring further action have been identified. It should be recognized, however, that other items may exist which we have not been able to identify specifically, this review is not intended to preempt the technical or professional responsibility of the project design consultants in any way and does not represent a warranty or guarantee on our part that other coordination or code compliance problems do not exist. The plan reviewers on this project are as follows: John Bonnici, Architect Lucian Gunter, Architect Steve Sheppard, SE Nichole Plahy, Architect, LEED AP Cheryl Owens, General Building & Earthwork & Paving Contractor Kathy Hubbert, Mechanical & Plumbing Reviewer /Commissioning Agent Mike Mills, LEED GA Brian Carter, Certified Electrician Drawings Submitted for Review: Disciplines # Of Sheets Dated Architecture 187 06/29/2012 Civil 32 06/29/2012 General 15 06/29/2012 Landscape 10 06/29/2012 Mechanical & Plumbing 284 06/29/2012 Structural 101 06/29/2012 Audio Visual 56 06/29/2012 Electrical 139 06/29/2012 Hazardous Materials 13 06/29/2012 Food Services 7 06/29/2012 Total 844 PC ASSOCIATES Total Project Manual: Volumes 4 Dated 06/29/2012 Soils Report: Not Provided Structural Calculations Volumes 1 Dated 06/29/2012 PC ASSOCIATES MANDATORY RESOLUTION CHECK SUBMITTAL PROCEDURES KODIAK HIGH SCHOOL- Addition and Renovation - PCA 12 -18A. PC Associates will perform a Resolution Check on this project upon receipt of ALL of the following: 1. Four (4) New complete half size sets of Revised Drawings. 2. One (1) New complete set of Revised Specifications. 3. ONE (1) complete electronic file of the report containing annotated resolutions to each comment inputted into the report file that has been provided. (I.e. specific reference to sheet, detail, etc., where the correction was made and briefly describing the change. Simply stating done, will comply, or revised is not acceptable). 4. ONE (1) Complete PDF set of revised plans and specifications sent on CD or uploaded to the PCA ftp site. IMPORTANT...PLEASE READ *IMPORTANT...PLEASE READ * IMPORTANT...PLEASE READ * IMPORTANT...PLEASE READ *IMPORTANT... Kodiak High School Addition & Renovation Kodiak Island , Interdisciplinary Coordination and Constructability Borough Plan Review Report ASSOCIATES PCA Job 112-18.A Document Date: August 20th, 2012 Review Comment Response to Comment Sheet PCA Commerit Number # Review Comments . NE of Record Response to Comments East side of school. Clarify that light pole is to be relocated per Electrical 1 C3.1 1 ED1.1 and not demolished (Note: Demo 16). South of Learning Center. Light poles per electrical E1.1 are not shown. 2 C4.1 1 Accessible parking. Sign type 'C' is incorrect at this location. • 3 C4.1 2 Main school entry. Limits of heated sidewalk area is AVW mechanical 4 C4.1 3 M1.0. • Main school entry. Plan graphics overlap and needs clarification. 5 C4.1 4 North side of parking lot. Plan graphics overlap and needs clarification. 6 C4.3 1 Northeast corner of parking lot. Construction information regarding • 7 C4.3 2 dumpster enclosure was not found on landscape plans. Street curb signage. Sign types 'H1" and 'H3' need clarification regarding 8 C4.3 3 arrow direction. Near electrical transformers. Arrowhead at bollards is misplaced. Verify 9 C4.4 1 that bollards shown are "new ". 1 of 185 12 -18.A Report Kodiak Island Borough - Kodiak High School Addition and Renovation 95% Construction Documents 9 612 SCHOOL YEAR WINTER SPRING SUMMER FALL WINTER JAN FEB MAR APR MAY IUN JUL AUG SEP OCT NOV DEC Sports moman --swim /dive oontry wrestling ___ . Wrestli: basketball basketball track and Held alb /sot hal 2012 cgCM Prerezz r BC /CM Prone55 rOyv vt'zt. tX NW I (Early Start) ], Boiler POOm /PWO Shoe /MetaliMelding Shop IMPPPIGNI PRO ' a : 2014 >_.. _. ;... .. Moae in / i 0 0 / / 00 % % / / / ti % l 0000 % /� P . irrtfr,f No on zile loud servlre 2015 -�--- ll Commons /E sorry Mave - 14. Oemo /Reno Learning Center _ _ _ 16. Compl to site work No t f dservice - ® - ®■ t 3. Project Funds - Kodiak High School Addition & Renovation AS 14.11.100 (a)(16) Approved Principal Amount: $68,679,814 Other bond funds (DR -05 -117) $3,577,430 Other bond funds (DR -04 -120) $591,579 Other bond funds (DR -04 -116) $92,186 ' FY13 Legislative Grant $7,000,000 FY12 Leg. Grant 12 -DC -625 $538,000 Project Total $80,479,009 4. Project Budget Cost Category Leg. Grant 12 -D'17, DR -04 -120, DDR -12 -100 Fund/0 of Consi Total Project Budget 1. CM (by consultant) $125,272 $1,103,977 2.00% $1,229,249 2. Land $0 $0 $0 3. Site Investigation $0 $0 $0 4. Design Services $ 10,000 $103,829 $6,032,418 10.00% $6,146,247 5. Construction $7,480,000 $3,407,748 $50,574,717 100% $61,462,465 6. Equipment $228,179 $1,624,021 3.01% $1,852,200 7. District Administrative Overhead $ 48,000 $150,275 $4,673,624 7.93% $4,871,899 8. Percent for Art $37,902 $576,723 1.00% $614,625 9. Project Contingency $207,990 $4,094,334 7.00% $4,302,324 Totals $7,538,000 $4,261,195 $68,679,814 130.94% $80,479,009 Kodiak High School Addition & Renovation August 27, 2012 Kodiak School District Kodiak, Alasks 95% Construction Documents COST SUMMARY Rate S /SF . TOTAL Floor Area 01 - Existing Condition: $2,784,305 $14.36 01 02 - Substructure $2,046,710 $10.56 02 03 - Superstructure $3,862,763 $19.92 03 04 - Exterior Closure $4,162,816 $21.47 04 05 - Roof System $1,016,814 $5.24 05 06 - Interior Constructior $9,288,613 $47.91 06 07 - Conveying System $125,000 $0.64 07 08 - Mechanics $9,944,969 $51.30 08 09 - Electrical $8,029,656 $41.42 09 10 - Equipment $979,323 $5.05 10 11 - Special Constructior $0 $0.00 11 SUBTOTAL: $ 42,240,965 12 - General Condition $10,741,834 $55.41 12 SUBTOTAL: $ 52, 982, 805 13 - Site & Infrastructure $3,645,264 $18.80 13 SUBTOTAL: $ 56,628,067 14 - Contingency $3,081,611 $15.89 14 TOTAL ESTIMATED CONSTRUCTION COST $ 59,709,678 COST PER SQUARE FOOT: $ 307.98 /SF GROSS FLOOR AREA: 193,874 SF Alternates Al - Music Alternate $764,023 Al A2 - Track $326,169 A2 A3 - Exterior Cladding at Areas D, E & F (Additive $1,277,489 . A3 A4 - Gym Flooring Replacemen $117,653 A4 KHS Add _Reno 95% Estimate RI.xlsx: 8/27/2012: 8:31 AM Page 2 Kodiak High School Addition & Renovation August 27, 2012 Kodiak School District Kodiak, Alaskz 95% Construction Documents TOTAL Rate S/SF Material Labor Labor Equipment - COST Floor Area 01 - Existing Condition: 193,874 GSF $2,784,305 $14.36 011 - Selective Site Demolitiol 1 LS $73,644 $226,499 $0 $403,758 $0.00 012 - Structural Demolitior 1 LS $4,766 $332,608 $20,077 $357,451 $0.00 013 - Selective Building Demolitio 104,143 SF $195,757 $1,198,726 $197,410 $1,591,893 $15.29 014 - Site Electrical Demolitiol - NONE $0 $0 $0 $0 $0.00 015 - Site Remediatior - NONE $0 $0 $0 $0 $0.00 016 - Hazardous Materials Remove 1 LS $124,831 $227,481 $78,891 $431,203 $0.00 017 - Offsite Work - NONE $0 $0 $0 $0 $0.00 02- Substructure 193,874 GSF $2,046,710 $10.56 021 - Standard Foundatior 25,899 SF $612,584 $869,431 $50,878 $1,532,893 $59.19 022 - Slab On Grade 32,413 SF $238,621 $263,048 $12,148 $513,817 $15.85 023 - Basement - NONE $0 $0 $0 $0 $0.00 024 - Special Foundation: - NONE $0 $0 $0 $0 $0.00 03- Superstructure 193,874 GSF $3,862,763 $19.92 031 - Floor Structure 64,174 SF $1,800,491 $752,411 $104,409 $2,657,311 $41.41 032 - Roof Structure 31,277 SF $493,729 $222,251 $32,400 $748,380 $23.93 033 - Stairs Construction 3 EA $372,521 $83,580 $971 $457,072 $152,357 04- Exterior Closure 50,183 SF $4,162,816 $82.95 041 - Exterior Walls & Soffits 50,183 SF $1,240,522 $1,086,639 $0 $2,327,161 $46.37 042 - Exterior Curtain Wallt 15,715 SF $1,249,858 $467,831 $0 $1,717,689 $109.30 043 - Exterior Openings 19 EA $104,020 $13,946 $0 $117,966 $6,208.74 05 - Roof System 61,046 SF $1,016,814 $16.66 051 - Roofing 61,046 SF $616,127 $400,687 $0 $1,016,814 $16.66 052 - Skylights - NONE $0 $0 $0 $0 $0.00 KHS Add Reno 95% Estimate Rixlsx: 8/27/2012: 8:31 AM Page 3 Kodiak High School Addition & Renovation August 27, 2012 Kodiak School District Kodiak, Alaskr 95% Construction Documents TOTAL Rate S/SF ELEMENT, , .. _ , . , , , ,, , Material _ Labor . Equipment ,COST . floor Area 06 - Interior Constructior 193,874 GSF $9,288,613 $47.91 061 - Partitions /Soffit= 190,558 SF $621,459 $2,199,785 $0 $2,821,244 $14.81 062 - Special Partition: 1 LS $718,331 $21,149 $0 $739,480 $0.00 063 - Interior Openings 317 EA $601,345 $96,507 $0 $697,852 $2,201.43 064 - Interior Finishes 193,874 GSF $2,271,329 $1,244,619 $0 $3,515,948 $18.14 065 - Specialties 193,874 GSF $1,269,179 $244,910 $0 $1,514,089 $7.81 07 - Conveying System 1 EA $125,000 $125,000.00 071 - Passenger Conveyo 1 LS $125,000 $0 $0 $125,000 $0.00 072 - Material Handling System: - NONE $0 $0 $0 $0 $0.00 08 - Mechanical 193,874 GSF $9,944,969 $51.30 081 - Plumbing 291 FXT $889,226 $1,157,011 $26,963 $2,073,200 $7,124.40 082 - HVAC 193,874 GSF $2,445,520 $2,628,781 $0 $5,074,301 $26.17 083 - Integrated Automation 193,874 SF $1,744,866 $0 $0 $1,744,866 $9.00 084 - Fire Protectior 193,874 GSF $279,578 $717,786 $0 $997,364 $5.14 085 - Special Mechanical System: 1 LS $38,094 $17,144 $0 $55,238 $0.00 09 • Electrical 193,874 GSF $8,029,656 $41.42 091 - Supply & Distributior 193,874 GSF $838,340 $509,512 $2,838 $1,350,690 $6.97 092 - Lighting & Powei 193,874 SF $2,135,154 $1,517,518 $0 $3,652,672 $18.84 093 - Communications 193,874 SF $240,874 $443,135 $1,489 $685,498 $3.54 094 - Safety & Securit} 193,874 GSF $1,296,453 $395,733 $0 $1,692,186 $8.73 095 - Other Electrical Systems 193,874 GSF $619,884 $26,326 $2,400 $648,610 $3.35 10 - Equipment 193,874 GSF $979,323 $5.05 101 - Fixed & Movable Equipmer 193,874 GSF $705,967 $148,358 $0 $854,325 $4.41 102 - Furnishings 193,874 SF $124,998 $0 $0 $124,998 $0.64 11 - Special Constructior - NONE $0 $0.00 111 - Special Constructior - NONE $0 $0 $0 $0 $0.00 KHS Add_Reno 95% Estimate R1.xlsx: 8/27/2012: 8:31 AM Page 4 Kodiak High School Addition & Renovation August 27, 2012 Kodiak School District Kodiak, Alaske 95% Construction Documents ' .. TOTAL Rate S /SF • Material Labor_ Equipment COST , Floor Area 12- Genera Condition: 27 MTHS $10,741,834 . - 121 - Mobilization & Demob 1 LS $1,247,984 $578,094 $0 $1,826,078 $0.00 122 - Site Staff 27 MTHS $19,132 $2,107,387 $0 $2,126,519 $78,760 123 - Temporary Constructior 27 MTHS $776,419 $43,504 $67,500 $887,423 $32,868 124 - Equipment and Took 27 MTHS $97,800 $0 $750,900 $848,700 $31,433 125 - Miscellaneous 27 MTHS $235,976 $304,952 $0 $540,928 $20,034 126 - Labor Employment Cosh 27 MTHS $436,725 $0 $0 $436,725 $16,175 127 - Markups $0 $0 $0 $0 $4,075,461 $0.00 13 - Site 8 Infrastructure $3,645,264 131 - Site Preparation & Earthworl 25,899 SF $687,931 $259,121 $0 $1,123,058 $43.36 132 - Site Improvement: 1 LS $1,377,166 $310,882 $7,258 $1,695,306 133 - Site Structures - NONE $0 $0 $0 $0 $0.00 134 - Civil /Mechanical Utilitie: 1 EA $254,763 $89,245 $25,532 $369,540 $369,540 135 - Site Electrica 193,874 GSF $220,557 $184,411 $52,392 $457,360 $2.36 136 - Off -Site Work - NONE $0 $0 $0 $0 $0.00 14- Contingency $3,081,611 $0.00 141 - Estimating Contingent) °/ $0 $0 $0 $1,042,846 142 - Escalation Contingence °/ $0 $0 $0 $2,038,765 Total Estimated Cost $59,709,678 $307.98 KH5 Add_Reno 95% Estimate R1 .xlsx: 8/27/2012: 8:31 AM Page 5 • Page 1 of 5 Chapter 3.30 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES Sections: 3.30.010 Contract, purchase and sale and transfer procedure. 3.30.020 Limitation on manager's authority. 3.30.030 Open market procedures. 3.30.040 Advertising for bids. 3.30.050 Processing of bids. 3.30.060 Local preference. 3.30.070 Exception to bidding requirements. 3.30.080 Lowest responsible bidder. 3.30.090 Requirements mandatory. 3.30.100 Change orders — Manager authority. 3.30.105 Circumvention of bidding requirements prohibited. 3.30.110 Competitive sealed proposals — Negotiated procurement. 3.30.115 Delinquency. For statutory provisions regarding public contracts, see AS Title 36. 3.30.010 Contract, purchase and sale and transfer procedure. The manager may carry out any of the following: A. Contract for, purchase, or issue purchase authorizations for all supplies, materials, equipment, and services for the offices, departments, and agencies of the borough; B. Sell surplus, obsolete, or unusable personal property for the offices, department, and agencies of the borough; C. Transfer supplies, material, and equipment to or between the offices, departments, and agencies of the borough; or D. Contract for the construction, repair, or improvements of borough facilities. [Ord. 98 -03 §2, 1998; Ord. 76 -6- 0 §1, 1976. Formerly §3.16.010]. 3.30.020 Limitation on manager's authority. The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval with the exception of utility bills, which may be paid without assembly approval. [Ord. 04 -02 §4, 2004; Ord. 2000 -04 §2, 2000; Ord. 98 -03 §2, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 81 -20 -0, 1981; Ord. 76 -6 -0 §1, 1976. Formerly §3.16.020]. 3.30.030 Open market procedures. A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated value in excess of $15,000 but less than $25,000 shall be made in the open market without newspaper advertisement. B. Market purchases, sales, and contracts for over $500.00 shall, whenever possible, be based on at least two competitive bids and shall be awarded to the lowest responsible bidder, or in the case of a sale, to the highest responsible bidder, except a local preference for purchasing shall be allowed not to exceed 20 percent of the purchase price for purchases of $15,000 or less and not to exceed 10 percent of the purchase price for purchases of more than $15,000 but not more than $25,000. C. The manager, or authorized designee, may solicit oral or written bids for open market purchases or sales, and shall maintain a record of all bids received. 9/24/2012 Page 2 of 5 D. The sale of all surplus, obsolete, or unusable personal property shall be advertised in a newspaper of general circulation published within the borough unless authorized to the contrary by the assembly. E. The purchase of utilities is exempt from this section. [Ord. 04 -02 §4, 2004; Ord. 2000 -04 §2, 2000; Ord. 98- 03 §2, 1998; Ord. 86 -49 -0 §2, 1986; Ord. 81 -20 -0, 1981; Ord. 76 -6 -0 §1, 1976. Formerly §3.16.030]. 3.30.040 Advertising for bids. A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated value of more than $25,000 may be made only after a notice calling for bids is printed in a newspaper of general circulation published within the borough once a week for not less than three consecutive weeks prior to the date of the bid opening. The notice shall contain a general description of the property, work, or service; state where the bid forms and specifications may be obtained; specify the place for submission of bids and the time by which they must be received. B. The purchase or contract shall be awarded to the lowest responsible bidder, or in the case of a sale to the highest responsible bidder. C. Utilities are exempt from this section. [Ord. 04 -02 §4, 2004; Ord. 00 -04 §2, 2000; Ord. 81 -20 -0, 1981; Ord. 76 -6 -0 §1, 1976. Formerly §3.16.040]. 3.30.050 Processing of bids. Notwithstanding other provisions of this chapter relating to the award after competitive bid for purchases, sales, and contracts, the borough may: A. Reject defective or nonresponsive bids; B. Waive any irregularities in any and all bids; C. Reject all bids; D. Negotiate with two or more of the lowest bidders, if bid prices are in excess of the money available or authorized, for a reduction in the scope, quality, or quantity of the purchase, service, or contract; or E. Readvertise for bids with or without making changes in the plans or specifications. [Ord. 76 -6 -0 §1, 1976. Formerly §3.16.050]. 3.30.060 Local preference. The assembly may, in its discretion, direct an award of a contract for the purchase of personal property or services after competitive bidding to a responsible bidder who maintains a business office or store within the borough from which the property or service would be provided, if that bid does not exceed the lowest responsible bid by more than 10 percent. [Ord. 76 -6 -0 §1, 1976. Formerly §3.16.060]. 3.30.070 Exception to bidding requirements. The requirements of this chapter relating to solicitation of competitive bids and award to the lowest responsible bidder shall not apply to: A. Contracts for professional or unique services; B. Contracts for property or services necessitated by an emergency, if the delays required for compliance with the bidding requirements would jeopardize the public health or welfare; C. Contracts for audit and insurance services that may be bid at up to five -year intervals; D. Contracts with a municipality or other political subdivision to the extent authorized by statute with the assembly holding a public hearing on contracts exceeding $100,000; or E. Contracts for street improvements involving donated services and materials when the assembly has determined not to create an assessment district and has approved a project. The following steps shall be taken before a proposed contract is submitted to the assembly for approval: 9/24/2012 Page 3 of 5 1. An applicant shall first submit to the engineering and facilities department director a proposal that fully complies with Chapters 4.45, 16.70, and 16.80 KIBC along with a cost estimate that reasonably describes the value of the services and materials included in the proposal as well as the procedure for addressing any change orders; 2. After the engineering and facilities department director accepts the proposal, the applicant shall submit to the borough finance director proof of ability to comply with Chapter 3.65 KIBC; and 3. The proposal shall be referred to the applicable road service area board for review and recommendation to the assembly; 4. After the borough finance director approves the proposed bonding and a recommendation has been received from any reviewing service area board, the assembly shall hold a public hearing with notice to affected property owners as follows: a. Publication in a newspaper of general circulation in the borough at least once a week for two consecutive weeks prior to the public hearing; b. Mailing at least 15 days before the public hearing to all record owners of property with frontage on the street to be improved. "Record owners" means the person or persons listed as the owner of the property on the current property tax records of the assessor. The notice shall be mailed to the record owner at the address stated in the assessor's tax records; and c. Every notice of a public hearing required by this section shall state the date, time, location, and purpose of the public hearing and shall describe the improvement. The notice shall also state that, if the assembly approves the proposal, no assessment district will be formed and the borough will not participate in the allocation or collection of costs among the respective property owners. 5. After the public hearing, the assembly may approve the project, with or without additional conditions. If the assembly approves the project, it shall authorize the manager to execute the contract. [Ord. 04 -02 §4, 2004; Ord. 00 -02 §2, 2000; Ord. 87 -05 -0 §2, 1987; Ord. 84 -48 -0 §1, 1984; Ord. 76 -6 -0 §1, 1976. Formerly §3.16.070]. 3.30.080 Lowest responsible bidder. In determining the lowest responsible bidder, the assembly shall consider: A. The bid price; B. The ability, capacity and skill of the bidder to perform the contract within the time specified; C. The character, integrity, reputation, judgment, and experience of the bidder; and D. The quality of performance of previous contracts. [Ord. 76 -6 -0 §1, 1976. Formerly §3.16.080]. 3.30.090 Requirements mandatory. Except as provided in KIBC 3.30.110, a purchase, contract, or sale subject to the provisions of this chapter shall not be valid, enforceable or binding upon the borough unless the established requirements have been satisfied and the contract, purchase, or sale approved by the assembly. [Ord. 82 -35 -0 §1, 1982; Ord. 76 -6 -0 §1, 1976. Formerly §3.16.090]. 3.30.100 Change orders — Manager authority. The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect to borough construction projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed $10,000. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. If the change order or orders exceeds $10,000, it will require the signatures of: A. The mayor and deputy presiding officer; B. The mayor and one assembly member in the absence of the deputy presiding officer; 9/24/2012 Page 4 of 5 C. The deputy presiding officer and one assembly member in the absence of the mayor; or D. Any two assembly members in the absence of the mayor and deputy presiding officer. [Ord. FY2005 -07 §6, 2004; Ord. 99 -01 §3, 1999; Ord. 98 -03 §2, 1998; Ord. 87 -24 -0 §2, 1987; Ord. 84 -61 -0 §10, 1984; Ord. 81 -63- 0, 1981. Formerly §3.16.100]. 3.30.105 Circumvention of bidding requirements prohibited. No person shall subdivide an acquisition of supplies, materials, equipment, or services into more than one purchase order, contract, or change order if the acquisition of said items or services would normally, reasonably, and customarily be conducted under a single purchase order, contract, or change order, and if the subdivision has the effect of avoiding or circumventing the competitive bidding requirements, or the limitations on the authority to make acquisitions or to award contracts or change orders contained in this chapter. [Ord. 88 -11 -0 §2, 1988. Formerly §3.16.105]. 3.30.110 Competitive sealed proposals — Negotiated procurement. A. If the manager determines that use of competitive sealed bidding is not practicable, the borough may procure supplies, services or construction by competitive sealed proposals under this section. B. The manager shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. Public notice of a request for proposals shall be given in accordance with KIBC 3.30.040. C. Sealed proposals shall be designated as such on an outer envelope and shall be submitted by mail or in person at the place and no later than the time specified in the request for proposals. Proposals not submitted at the place or within the time so specified shall not be opened or considered. D. Proposals shall be received at the time and place designated in the request for proposals and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals and tabulations thereof shall be open to public inspection only after the contract award. E. In the manner provided in the request for proposals, the manager may negotiate with those responsible proponents whose proposals are determined by the manager to be reasonably responsive to the request for proposals. Negotiations shall be used to clarify and assure full understanding of the requirements of the request for proposals. The manager may permit proponents to revise their proposals after submission and prior to award to obtain best and final offers. Proponents deemed eligible for negotiations shall be treated equally regarding any opportunity to discuss and revise proposals. In conducting negotiations or requesting revisions, neither the manager nor any other borough director or employee shall disclose any information derived from proposals of competing proponents. F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to be most advantageous to the borough. No criteria other than those set forth in the request for proposals may be used in proposal evaluation. If the manager determines that it is in the best interest of the borough to do so, the borough may reject all proposals. [Ord. 98 -03 §2, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 82 -35 -0 §2, 1982. Formerly §3.16.110]. 3.30.115 Delinquency. A. The borough shall not award a contract or purchase order to any person, corporation, or other business entity who is delinquent in paying (1) any tax levied by the borough; (2) any special assessment levied by the borough; (3) any charge for utility or municipal waste services; or (4) any other borough fee due under the code, unless the person, corporation, or other business entity cures the delinquency within 30 days after the mailing of written notice of the delinquency. In the case of a closely held business, this prohibition shall also apply to the delinquency of their legal principals or officers. For purposes of this section, a payment shall be considered "delinquent" when it is not made on or before the applicable deadline established by the Kodiak Island Borough Code, or by written notice if the code does not establish a deadline, or, if the code does not establish a deadline and a deadline is not established in a written notice, within 60 days of the mailing of written notice that the payment is due. 9/24/2012 Page 5 of 5 B. The borough may terminate any contract or purchase order if the person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers, becomes delinquent in payment of any of the items listed in subsection (A) of this section, unless the delinquency is cured within 30 days after mailing of written notice as above. C. The borough may deduct from any amount otherwise due the person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers under any contract or purchase order an amount equal to the total of all such delinquent amounts that the contractor owes for (1) taxes levied by the borough; (2) special assessments levied by the borough; (3) charges for borough utility or municipal waste services; and (4) other borough fees due under the code. D. Nothing in this section shall prevent any person, corporation, or other business entity and, in the case of a closely held business, their legal principals or officers from paying under protest any tax, special assessment, utility or municipal waste charge, or other borough fee, or pursuing appropriate judicial or administrative action to contest or recover any such tax, assessment, charge or fee. E. For purposes of this section, the term "closely held business" shall mean a corporation, limited liability company or other business entity which has less than five unrelated (by blood or marriage) owners. [Ord. FY2006 -14 §2, 2006. Formerly §3.16.115]. This page of the Kodiak Island Borough Code is current through Borough Website: http: / /www.kodiakak.us/ Ordinance FY2012 -20, passed May 3, 2012. (http: / /www.kodiakak.us /) Disclaimer: The Borough Clerk's Office has the official version of the Borough Telephone: (907) 486-9310 Kodiak Island Borough Code, Users should contact the Borough Clerk's Code Publishing Company Office for ordinances passed subsequent to the ordinance cited above. ( http: / /www.codepublishing.com /) eLibrary (http://www.codepublishing.com/elibrary.html) 9/24/2012 eiteed4 %e . cp.20 /i -411 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this /4/ day of ,gyp, 20/,2 - and between the Kodiak Island Borough (KIB) and Kodiak Construction Services (KCS ), her matter called the Contractor. WITNESSETH: That the KIB and Contractor for the consideration hereinafter recited agree as follows: I. Project. The Contractor agrees to perform all services necessary for the completion of Project Management for various projects_as identified in the Contractor's proposal dated May 10, 2012 made part of this contract. The services provided shall be of professional quality, to the degree of skill and diligence normally employed by professional contractors or consultants performing the same or similar services at the time said services are performed. 2. Job Commencement and Performance. The contractor will commence work on this project on the 10th day of May 2012. 3, project Manager. The project manager shall be the Director of Engineering and Facilities Department of the Kodiak Island Borough or his designee. 4. Compensation. The Kodiak Island Borough agrees to pay to the Contractor as compensation for services an hourly rate of$130 an hour. 5. Payment. All requests for payment shall be for work completed unless otherwise agreed to by the project manager. The Contractor shall provide any additional information to KIB which may be reasonable in support of any payment request. Monthly invoices shall he delivered to KID no later than the 5th day of the following month and shall be paid within thirty (30) days from the date of the invoice unless KIB shall notify the Contractor in writing of its reason for not making payment of the sums requested. A service charge of one and one half percent (1.5 %) per month may be charged on balances not paid by KIB within the terms stated above. 6. Indemnification. The Contractor specifically obligates himself to the Kodiak Island Borough in the following respects to wit: (i) to indemnify the Kodiak Island Borough against, and save it harmless from any and all claims. suits, or liability, on account of any negligent act or omission of the Contractor, or any of his officers, agents, employees or servants; (ii) to pay for all materials furnished and services performed under this Agreement. 7. Insurance. (a) Contractor shall at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both the Contractor and the Kodiak Island Borough against liability that may accrue against them or either of them in connection with Contractor's performance under this assignment; (1) Insurance in at least the required statutory amounts, covering claims under Worker's Compensation, disability benefits and other similar employee benefit acts; (2) Public Liability Insurance covering bodily injury, death, and property damage with combined single limit of not less than $1 million; and (3) Professional Liability Insurance in an amount of not less than $1 million. (b) If Contractor fails to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice; E:\Professional Services Agreement - KCS.doc1 Pa7,c I of 5 (c) Contractor covenants to maintain all insurance policies required in this Agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statues of limitations. The coverage required by this Agreement shall over all clams arising in connection with the performance of Contractor under this Agreement, whether or not asserted during the term of this Agreement and even though judicial proceedings may not be commenced until after the expiration of this Agreement; (d) If Contractor is self- insured the Kodiak Island Borough will require a statement to that effect; (e) Certificate of Insurance for liability and errors and omissions insurance, especially for Contractor acting as agent (n/a if self insured); and (f) Kodiak Island Borough must be name as "Additionally Insured ". 8. Claims. (a) Partial payments for work performed under this Agreement will equal the value of the work done by the Contractor at the agreed price, less the sum of previous payments as provided above; provided that the Contractor is not indebted to the Kodiak Island Borough or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by this Agreement. The Contractor will, upon completion of the Scope of Services and before final payment, furnish the Kodiak Island Borough with reasonable evidence that all services, labor, materials and equipment have been paid for in full. (b) The Contractor must notify the Kodiak Island Borough or its agent of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such cost. 9. Changes and Modifications. (a) The Kodiak Island Borough may, at any time by written order signed by the Project Manager of the Kodiak Island Borough, make changes in the specifications for services hereunder or in the project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated by Contractor or the Kodiak Island Borough must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the Kodiak Island Borough Code. (b) The cost or credit to the Kodiak Island Borough resulting from a change in the services or in the project schedule shall be determined as follows: (I) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; or (2) by the hourly fees stated in the Contract Documents or subsequently agreed upon. 10. Prosecution of Work. The Contractor shall prosecute the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire Project. Upon written request by the Kodiak Island Borough, the Contractor shall furnish to the Kodiak Island Borough such evidence as the Kodiak Island Borough may require relating to the ability of the Contractor to complete the Project. 11. Delays. in the event the Contractor's performance is delayed or interfered with by acts of the Kodiak Island Borough, or any other justifiable cause beyond the control of the Contractor, he may request an extension of time for the performance of same. 12. Approvals. The Contractor shall obtain and pay for all permits, licenses and official inspections made necessary by his work, and shall comply with all laws, ordinances and regulations bearing on his work and the conduct thereof. 13. Stop Work. (a) If the Contractor fails to correct defective services as required herein or persistently fails to carry out the project in accordance with the Contract Documents, the Kodiak Island Borough, by a written order signed personally or by an agent may ordcr the Contractor to stop work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Kodiak Island Borough to stop work shall not give rise to any duty on the part of the Kodiak Island Borough to exercise this right for the benefit of the Contractor or any other person or entity. (b) If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents EAProfessional Services Agreement - KCS.doc2 Page 2 of 5 and fails within fourteen (14) days after receipt of written notice from the Kodiak Island Borough to commence and continue correction of such default or neglect with diligence and promptness, the Kodiak Island Borough may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy it may have, make good such deficiencies but use its best efforts to mitigate the cost of curing such default. In such case an appropriate change order shall he issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Project Manager's additional services made necessary by such default, neglect or failure. 14. Payments Withheld. (a) The Kodiak Island Borough may withhold payments from the Contractor for any of the following reasons: (1) The application for payment misstates the amount of services completed; (2) Defective services not remedied; (3) Third party claims filed or reasonable evidence indicating probable filing of such claims; (4) Failure of the Contractor to make payments properly to consultants and subcontractors or for professional services, materials or equipment; (5) Reasonable evidence that the project cannot be completed for the unpaid balance of the contract sum; (6) Reasonable evidence that the Project will not be completed within the contract time; or (7) Persistent failure to perform the services in accordance with the contract documents. 15. Time. (a) Definitions: I . unless otherwise provided, the contract time is the period of time allotted in this Agreement for substantial completion of the project. 2. the date of commencement of the project is the date established in this Agreement as set forth above. 3. the date of substantial completion of the project or designated portion thereof is the date certified by the Project Manager when the project is sufficiently complete, in accordance with the Contract Documents, so the Kodiak Island Borough can utilize the project or designated portion thereof for the use for which it is intended. 4. the date of final completion is the date that the Kodiak Island Borough certifies either orally or in writing that the project is finished. 5. the term "day ", as used in the Contract Documents, shall mean calendar day unless otherwise specifically designated. a. all time limits set forth herein are of the essence in this Agreement. 16. Final Completion and Final Payment. When project is complete as determined by the Kodiak Island Borough, the Kodiak Island Borough will cause a final payment to issue and make payment to the Contractor within thirty (30) day from the date that the project was certified as finally complete on the conditions set forth below. E:Wrofessional Serv,ces Agreement - KCS.doc3 Page 3 of 5 17. Termination and Default. (a) If the Contractor is adjudged a bankrupt entity, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper services, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the Kodiak Island Borough may, without prejudice to any right or remedy and after giving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of all materials and documents prepared by the Contractor in connection with the Project, and may finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. (b) If the unpaid balance of the contract sum exceeds the costs of finishing the Project, including compensation for the Project Contractor's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Kodiak Island Borough. The amount to be paid to the Contractor or to the Kodiak Island Borough, as the case may be, shall be certified by the Project Manager, upon application, and this obligation for payment shall survive the termination of the Contract 18. Assignment. This Agreement shall not be assigned by operation of law or through negotiated Agreement by the Contractor without the written permission of Kodiak Island Borough. However, subcontracting portions of the Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. 19. Waiver. Failure of the Kodiak Island Borough or the Contractor to enforce a specific section of this Agreement against one another or to enforce a particular demand of the Kodiak Island Borough or the Contractor made pursuant to the terms of this Agreement shall not effect a waiver of any of the Kodiak Island Borough's or the Contractor's rights and powers as set forth in this Agreement. 20. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. 21. Integration. The Agreement and the referenced documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 22. Notice. Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a superintendent or officer of a party or mailed to the parties at the following addresses: Kodiak Island Borough Kodiak Construction Services Office of the Manager Attn: Chris Lynch 710 Mill Bay Road 11175 Lake Orbin Dr. Kodiak, Alaska 99615 -6398 Kodiak, AK 99615 23. Kodiak Island Borough Furnished Data. Kodiak Island Borough will provide to the Contractor all data in Kodiak Island Borough's possession relating to the Contractor's services on the Project. The Contractor will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by Kodiak Island Borough. 24. Reuse of Project Documents. All reports, documents and other deliverables of the Contractor, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse on another project, change, or alteration by Kodiak Island Borough or by others acting through or on behalf of Kodiak Island Borough of any such instruments of service without the written permission of the Contractor will be at Kodiak Island Borough's sole risk. E:\Professional Services Agreement - KCS.doc4 Page 4 of 5 25. Litigation Assistance. The Scope of Services does not include costs of the Contractor for required or requested assistance to support, prepare, document, bring, defend or assist in litigation undertaken or defended by Kodiak Island Borough. All such Services required or requested of the Contractor by Kodiak Island Borough, except for suits or claims between the parties to this Agreement, will be reimbursed as mutually agreed, and payment for such Services shall be in accordance with Section 5, unless and until there is a finding by a court or arbitrator that the Contractor's sole negligence caused Kodiak Island Borough's damage. 26. Certification. The Contractor certifies that it is not debarred, suspended, proposed for debarment or declared ineligible for work with the State of Alaska. Contractor shall notify the Kodiak Island Borough within five (5) working days of any such action brought against the Contractor during the term of this Agreement. The terms of this Agreement shall be from to , 2012. KODIAK ISLAND BOROUGH CON • (R. S • By: li/ 4 - iii 'd - B Rick L. Gifford, Borough 4. ger his Lynch, Owner ATTEST: "�9tANO 00 / ! at- `�` t • ..✓.✓ `I� SAY 0 .. Nova /1. vier, CM% t ^• L Borough Clerk 1 y + EAProfessional Services Agreement - KCS.doc5 Page 5 of 5 KOIIDIIAK CONSTRUCTION SERVICES 11175 Lake Orbin Drive Kodiak, AK 99615 907 -539 -2494 May 10, 2012 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Attn: Woody Koning, Director, Engineering & Facilities Re: Project Management Proposal Dear Woody: Kodiak Construction Services is pleased to submit a proposal to provide project management services for miscellaneous KID projects including the Landfill Expansion Projects, Phase 1 and 2; the UMBR Parking Lot, Long Term Care Facility and R &R projects. We will provide these services for an hourly rate of $1 30/hour. We will provide certificates of insurance, our own vehicle and our own computer for this support. If you have any questions please call. Sin I y, cb i Iris Lynch / Contract•012 -24 Kodiak Construction'Services Limit of $25,000.00 Contract 2012 -24 limit $ 25,000.00 Paid 07/03/12 #60136 $ 8,645.00 Paid for projects: 10021 - High school / 7013 - Landfill / 5009 - KMS Concrete 9010 - Long Term -Care Facility / 12013 - Karluk Generator 12012 -. Harbor Generator /42001 - North Star Elementary 07/24/12 #60177 $ 9,750.00 Paid for projects: 5009 - KMS Concrete /7013 - Landfill /09010 - Long Term Care Facility 11009 - Karluk. UST Removal / 11002 - East Elementary Generator • 9012 - Soil Remediation KHS / 10021 - New HighiSchool $ 18,395.00 12013 Karluk Generator / 12001 - North Star Elementary Remaining contract amount available for payment $ 6,605.00 Requested 08/12/12 Balance Amount PO # Unpaid Requested 2013 - 00000020 $ 24,610.00 $ 845.00 Project # 5009 KMS Spalling Concrete 2013- 00000021 $ 19,670.00 $ 780.00 7013 Landfill Lateral Expansion 2013 - 00000022 $ 21,100.00 $ 1,040.00 9010 Hospital Care Center 2013- 00000023 $ 2,370.00 $ 130.00 9012 Phase II KHS Soil Remediation 2013 - 00000024 $ 17,655.00 $ 3,640.00 10021 KHS Renovation /Addition 2013 - 00000025 $ 2,240.00 $ 520.00 11009 Karluk Removal of UST 2013 - 00000026 $ - 11002 East Elementary Generator 2013- 00000027 $ 9,870.00 $ 1,105.00 12001 North Star Elementary Exterior Painting 2013- 00000028 $ 1,500.00 12012 Old Harbor Generator 2013 - 00000029 $ 1,240,00 12013 Karluk Generator Women's Bay Addition $ 6,915.00 $ 585.00 12010 Anton Larson Dock' Anton Larsen Boat Dock $ 9,480.00 $ 520.00 10032 Women's Bay Emergency Shelter $ 116,650.00 $ 9,165.00 * Overpayment of contract amount $ (2,560.00) Unrequested balance of POs $ 107,485.00 Requested 9/14/12 Balance Amount PO # Unpaid Requested 2013- 00000020 $ 23,765.00 $ 910.00 Project # 5009 KMS Spalling "Concrete 2013- 00000021 $ 18,890.00 $ 520.00 7013 Landfill Lateral Expansion 2013 - 00000022 $ 20,060.00 $ 2,015.00 9010 Hospital Care Center 2013- 00000023 $ 2,240.00 9012 Phase. II KHS Soil Remediation 2013 - 00000024 $ 14,015.00 $ 5,135.00 10021 KHS Renovation /Addition 2013- 00000025 $ 1,720.00 11009 Karluk Removal of UST 2013 - 00000026 11002 East Elementary Generator 2013 - 00000027 $ 8,765.00 $ 2,275.00 12001 North Star Elementary Exterior Painting 2013 - 00000028 $ 1,500.00 12012 Old Harbor Generator 2013- 00000029 $ 1,240.00 12013 Karluk Generator Women's Bay Addition $ 6,330.00 12010 Anton Larson Dock Anton Larsen Boat Dock $ 10,000.00 10032 Women's Bay Emergency Shelter 2013- 00000040 $ 3,500.00 $ 260.00 7013 Landfill COE permit $ 112,025.00 $ 11,115.00 * Overpayment of contract amount $ (13,675.00) Unrequested balance of Pos $ 100,910.00 *Payment in process 9/21/12 for a total payment of $20,180.00 Total:of "payme'nts to date on contract -2,012724:$38;625,109:j Kodiak Island Borough Accounts Payable Invoice Report From nate: 01 /01 /2009 - To Date:,09 /30/2012 Detail Listing InvoiceNet Invoice No invoice. Description Status .field Reason Invoice'Date Due Date, Payment Date G/L Date Amount Vendor: 3331 - CHRIS'LYNCH dba KODIAK CONSTRUCTION SERVICE 100125 PROF SVC MBSD- DRAINAGE Paid by Check # 57248 01/25 /2010 02/09/2010 02/09/2010 02/09/2010 500.00 IMPROVEMENT - REC P.O._Nuinber' Rein Description - Quantity U/M Amount/Unit 'Total.Aniount Vendor Catalog Part Number Contract Number Grading /Ditching - Grading /Ditching 1.0000 EA 500.000 500.00 G/L Distribution: 244- 226' 446. 125.( Monashka Bay Rd Dist- MonaskhaBay Rd District Grading /Ditching) 500.00 Total Invoice Items: I 110726 ENVIRONMENTAL REVIEW CONSULT PaidbyCheck 4 59357 07/26/2011 08/15/2011 08/17/2019 08/16/2011 945.00 P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor CatalogPart Number Contract Number Accounts Payable - ENVIRONMENTAL 10000 EA 945.0000 945.00 REVIEW CONSULT G/L distribution: 490 -703 452.140 ( Cap Proj- Landfill - LandfillLateralExpansion Design Services) 945.00 Total Invoice Items: I 110908 Landfill Closure/Post- Closure Costs Paid by Check 4 59444 09/13/2011 09/30/2011 09/23 /2011 09/21/2011 945.00 P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number 2012 - 00000018 Contracted Services - Landfill Closure/Post- 1.0000 EA 945.0000 945:00 Closure Costs GIL Distribution: 530 -731 430.140 ( Solid Waste Disposal -Waste Disposal Contracted Services) 945.00 Total Invoice Items: 1 20110411 ONSITE ENGINEERING SERVICES- Paid by Check # 59676 11/04/2011 12/04/2011 12/08/2011 11/23/2011 3,000.00 SEPTIC AND WASTEWATER STNDS P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number Accounts Payable - ONSITE ENGINEERING SERVICES- SEPTIC AND 1.0000 EA 3,000.0000 3,000.00 WASTEWATER STNDS GIL Distribution: 210 -231 450.265 ( Land Sales-Resource Management Soil Testing) 3,000.00 Total' Invoice Items: 1 120608 Construction Management by Consultant Paid by Check # 60136 06/08/2012 07/02/2012 07/03/2012. 06/29/2012 8,645.00 P.O. Number Item Description Quantity UM Amount/Unit Total Amount Vendor Catalog Part Number Contract Number Accounts Payable Construction 1.0000 EA 4 4,355.00 Management by Consultant G/L Distribution: 490 -703 452.110 ( Cap Proj - Landfill - LandfillLateralExpansion Administration) 4,355.00 Accounts Payable - Construction 1.0000 EA 3,380.0000 3,380.00 Management by Consultant - GIL Distribution: 460 - 533452 :110 ( KITS Reno / Addnon Bond -2009 MIS New Bond Administration) 3,380.00 User: Marilyn Ordal Pages:. 1 of 4 9/21/2012 3:53:07 PM Kodiak Island,Borough A ccounts Payable - Invoice Report From Date:.01 /012009 - To Date: 09/30/2012 Detail Lilting' Invoic•Net Invoice' No Invoice Description. Status: Held Reason Invoice Date. Due Date Payment Date G/L Date Amount Accounts Payable - Construction 'moo EA 390.0000 390.00 Management by Consultant G/L Distribution: 495 -535 452:110 (Capital.Proj - Hospital- Hospital Care Center Design Administration) 390.00. Accounts Payable - Construction 10000 EA '130.0000 130.00 Management by Consultant G/L Distribution: 420 -515 452.110 (.Cap Proj- School Bonds- 2004ABond Var.Project Administration) 130.00 Accounts Payable'- Construction 1.0000 EA 130.0000 130.00 Management by Consultant G/L Distribution: 469 -614 452 -110( Renewal an Replacement Projects=Reoewal & Replacement Prjts Administration) 13000 Accounts Payable- Construction 1.0000 EA 130.0000 130.00 Management by Consultant G/L Distribution: 450 -550 452.110 ( All Cap. Proj as of FY10 -Cap. Projects as of FY 10 Administration) 130.00 Accounts Payable - Construction 1.0000 EA 130.0000 130.00 Management by Consultant - GIL Distribution: 450 -550 452:110 ( All Cap. Proj as of FY10 -Cap. Projects as of FYI 0 Administration) 130.00 Total Invoice Items: 7 120712 -20 Construction Management Consulting Paid by Check 0 60177 07/122012 07/24/2012 07242012 07/24/2012 260.00 P.O. Number Item Description. Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number 2013- 00000020 Consultants - Construction Management 1.0000 JB 260.0000 260.00 Consulting G/L Distribution: 420 -515 452.110 ( Cap Proj - School Bonds- 2004ABond Var.Project Administration) 260.00 Total Invoice Items: I 120712 -21 Construction Management by Consultant Paid by Check 0 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012 975.00 P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor.Catalog Part Number' Contract Number Consultants - Construction Management by 2013- 00000021 Consultant: 1.0000 JB 975.0000 975.00 GIL Distribution: 490 -703 452110 ( Cap Proj-Landfill Administration) 975.00 Total Invoice Items: I 120712 -22 Construction Administration by Consultant Paid by Check 0 60177 07/12/2012 07/242012 07/24/2012 07/24/2012 3,510.00 P.O. Number Item Description Quantity U/M Amount/Unit Total.Amount Vendor Catalog Part Number Contract Number Consultants - Construction Administration by 200-00000022 Consultant 1.0000 JB 3,510.0000 3,510.00 G/L Distribution: 495 -535 452.110( Capital Proj - Hospital - Hospital Care Center Design Administration) 3,510.00 Total .Invoice Items: I 120712 -23 Construction Management by Consultant. Paid by Check 0 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012 130.00 User: Marilyn Ordal Pages: 2 of 4 9/21/2012 3:53:07 PM Kodiak :island. Borough Accounts: Payable Invoice Report From. Date: 01/0122009 -To Date: 09/30/2012 Detail Listing Invoice Net Invoice No Invoice Description Status Held Reason Invoice Date Due Date Payment Date G/L Date Amount •.•.. •um.er _ em) cnp ton •uan I y I • . mounr ern o a . moun •en.or a . og. - a •um.er .n - e •um.er 2013 00000023 Consultants - Constriction Management by 1.0000. JB 1300000 130.00 Consultant • G/L Distribution: 410 -549 452.110 ( Capital Proj- Borough -HS Oil Tank Replacement Administration) 130.00 Total Invoice Items: I 120712 24- Construction Management by Consultant Paid by Check p 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012 3,965.00 P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part. Number Contract Number Consultants - Construction Management by 2013 - 00000024 Consultant 1.0000 113 3,965.0000 3,965.00 G/L Distribution: 460 -533 452.110 (ICIIS Reno / Addtion Bond -2009 KHS New Bond Administration) 3,965.00 Total Invoice Items:. I 120712,25 Cons_truction.Management by Consultant Paid by Check # 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012 260.00 P.O. Number. Item Description Quantity U/M Amount/Unit Total. Amount Vendor Catalog Part Number Contract Number 2013 - 00000025 Consultants - Construction Management by 1.0000 1B 260.0000 260.00 Consultant G/L Distribution: 469 -614 452.110 ( Renewal an Replacement Projects - Renewal & Replacement Prjts Administration) 260.00 Total Invoice Items: 1 120712 -26 Construction Management by Consultant Paid by Check # 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012 260.00 P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number 2013 - 00000026 Consultants - Construction Management by 1.0000 EA 260.0000. 260.00 Consultant G/L Distribution: 469 -552 452.110 ( Renewal an Replacement Projects -East Elementary Generator & Bldg Administration) 260.00 Total Invoice Items: I 120712-27 Construction nManageme t by Consultant Paid by Check # 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012 130.00 P.O. Number Item Description. Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number 2013 - 00000027 Consultants - Construction Management by 1.0000 1B 130.0000 130.00 Consultant G/L Distribution: 469 -614 452.1 I0 ( Renewal an Replacement Projects: Renewal & Replacement Prjts Administration) 130.00 Total Invoice Items: I 1 207 12 -2 9 Construction Management by Consultant Paid by Check # 60177 07/12/2012 07/24/2012 07/24/2012 07/24/2012. 260.00 P.O.-Number Item Description' Quantity U/M Arnount/Unit Total Amount Vendor Catalog Part Number Contract Number 2013 - 00000029 Consultants - Construction Management by 1.0000 18 260.0000 260.00 Consultant - G/L Distribution: 450 -550 452.110 ( All Cap. Proj as of FY,10 -Cap. Projects as of FY10 Administration) 260:00 User: Marilyn Ordal Pages: 3 of 4 9/21/2012 3:53:07 PM Kodiak. Island Borough. Accounts Payable Invoice Report From Date: 01/01/2009 - To Date: 09/30/2012 Detail Listing Invoice Net Invoice No. Invoice Description Status Held Reason Invoice Date Due Date Payment Date G/L Date Amount Total Invoice Items: 1 Vendor.Total Invoice: I4 Vendor Total Net: $23;785.00 Grand Total Invoice: 14 Grand Total Net $23,785.00 User: Marilyn Ordal Pages: 4 of 4 9/21/2012 3:53:07 PM Kodiak Island Borough Accounts Payable Invoice Report From Date: 07/01/2011 -To Date: 06/30/2012 Summary listing Invoice No. Invoice Description Status Held Reason Invoice Date Due Date Payment Date G/L Date Invoice Net Amnon Vendor: 3331 -CHRIS LYNCH dba KODIAK CONSTRUCTION SERVICE 110726 ENVIRONMENTAL REVIEW CONSULT Paid by Check # 59357 07/26/2011 08/15/2011 08/17/2011 08/16/2011 945.0( 110908 Landfill Closure /Post - Closure Costs Paid by Check # 59444 09/13/2011 09/30/2011 09/23/2011 09/21/2011 945.01 20110411 ONSITE ENGINEERING SERVICES- SEPTIC Paid by Check #59676 11/04/2011 12/04/2011 12/08/2011 11/23/2011 3,000.0( AND WASTEWATER STNDS 120608 Construction Management by Consultant Paid by Check # 60136 06/08/2012 07/02/2012 07/03/2012 06/29/2012 8,645.0( Vendor Total Invoice: Vendor Total Net: $13,535.0( Grand Total Invoice: Grand Total Net: $13,535.01 User: Jeanne Miller Pages: 1 of 1 9/24/2012 4:14:11 PM Kodiak Island Borough Accounts Payable Invoice Report From Date: 07/01/2010 - To Date: 06/30/2011 Summary Listing Invoice No. Invoice Description Status Ileld Reason Invoice Date Due Date Payment Date G/L Date Invoice Net Amoun Grand Total Invoice: Grand Total Net: $0.0( User: Jeanne Miller Pages: 1 of 1 9/24/2012 4:15:36 PM Kodiak Island Borough Accounts Payable Invoice Report From Date: 07/01/2009 - To Date: 06/30/2010 Summary Listing Invoice No. Invoice Description Status Held Reason Invoice Date Due Date Payment Date G/L Date Invoice Net Amoun Vendor: 3331 - CHRIS LYNCH dba KODIAK CONSTRUCTION SERVICE 100125 PROF SVC MBSD- DRAINAGE IMPROVEMENT Paid by Check # 57248 01/25/2010 02/092010 02/09/2010 02/09/2010 500.01 REC Vendor Total Invoice: 1 Vendor Total Net: $500.01 Grand Total Invoice. 1 Grand Total Net: $500.01 User: Jeanne Miller Pages: 1 of 1 9/24/2012 4:17:56 PM KODIAK ISLAND BOROUGH WORK SESSION Work Session of: $!l i� 9M-2-0 a_ Please PRINT your name Please PRINT youu name %, `l \v/ v \NY;