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2013-01-31 Special Meeting Kodiak Island Borough Assembly Special Meeting Agenda Thursday, January 31, 2013, 7:30 p.m. Borough Assembly Chambers 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Approval of the Overall Estimated Budget Associated With The Kodiak Landfill Lateral Expansion Project. B. Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by Approving a Change Order to Perform Phase III Site Work in Phase II. 4. ADJOURNMENT This meeting was called by Mayor Selby. Page 1 of 1 KODIAK ISLAND BOROUGH y 1 AGENDA STATEMENT SPECIAL MEETING OF: JANUARY 31, 2013 ITEM NO.: 3.A TITLE: Approval of the Overall Estimated Budget Associated With The Kodiak Landfill Lateral Expansion Project. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: 495 -535 452.150 09010.5 Amount Budgeted: $28,820,288 ATTACHMENTS: Agenda Statement, Project Budget APPROVAL FOR AGENDA: /'k SUMMARY STATEMENT: U/ The recently adopted changes to Title 3 of the Borough Code require, according to 3.30.100, project approval by the Assembly before change orders can be entered into. Specifically it reads: Project approval should include a budget for the project that includes an appropriation of contingency funds, The landfill lateral expansion project budget has not been approved under the new rules and with the attached budget staff is looking to meet the requirements of the code. This lateral expansion budget includes the three phases: Phase I is essentially completed, Phase II is underway with a contract with Brechan Enterprises, and parts of Phase III (waste water treatment equipment) has been approved by the Assembly. Other portions of Phase III — final grading and erection of the waste water treatment building will be bid in the future. Presently the project is estimated at $28,820,288 including contingency. Presently it is short of funds by $4,756,740. Our loan from DEC can be increased to complete the project, but that being said, the costs associated with the waste water treatment plant is the Borough's #1 project on the State CIP list as well as identified as our #1 Federal CIP project. Obviously, the more grant money acquired, the less loan money will be necessary. RECOMMENDED MOTION: Move to approve the overall estimated budget associated with the Kodiak Landfill Lateral Expansion Project at $28,820,288. Kodiak Island Borough Page 1 of 1 Landfill Lateral Expansion Construction & Design Estimated Budget Landfill Expansion Phase I, II & III 10/10/2012 Budget Budget Budget Phase I Phase II Phase III $3,838,720 $10,374,400 $6,592,000 $20,805,120 Total Landfill Expansion Phase I, 11 & 111 1/20/2013 Budget Budget Budget Phase I Phase II Phase III $3,838,720 510,374,400 $10,848,000 $25,061,120 Total $3,759,168.0 15% Contingency Budget Estimate $28,820,288 Eligible Funding Source $2,612,000 Clean Water Fund loan $6,033,000 Clean Water Fund loan amendment $3,000,000 FY 12 Municipal matching grant $3,000,000 FY 12 Legislative Grant $3,600,000 Revenue bonds $5,818,548 FY13 loan $24,063,548 $3,000,000.00 FY13 Municipal matching grant pending $3,615,542.00 FY13 Legislative grant pending 56,615,542.00 $30,679,090 Projected funding total Budget Estimate $28,820,288 Funding Available as of 1/17/13 $24,063,548 Remaining Needed ($4,756,740) Phase III Lateral Expansion Estimates Site Work 1,500,000 Building 2,000,000 MBR System 2,650,000 Facility Mechanicals 1,500,000 Design Services 750,000 Eng. Services During Construction 350,000 Chemical Storage 290,000 Phase III Budget Increases DEC Regulatory Requirement P & Z Buffer Requirements $1,808,000.00 Estimated Costs Additional Storm Water Plant Operating Costs • - {' ) [' §([ \' /C } { (( § /) ; \\ ~ ....2 \ - / - 2 9V-° /i . \ \ �._� :E� .�EEE : :�� :.\ : - - - - - -\ ) ._ ) } E \ ;! ......................t. — ........,............. ) | . e 0 , .., \ - . .. ................ } ; \ ......... ;.............. 88 /_ ...... .............. / ! / ) \ § § ... 4rr /. /. a, /� .} /... §E}( -[ -' /G /_����� \. /��2���_����� "� / 5 \ \) 8 \ (\ \\ \ ( -2..88.8 - ©Jb.JJ. 2�aa -. \\ 12 8 \ e !! ,s : i| § ;> . ey g 2 . ; ;; i! ! ` !; ! ' ; ` AA Re 8 8 §) j\ „ i \ /\( \ § 2 9 ,, ) c a � i 2 '0° t ` : ` !§ b es IR §\§ j\ t: \ \ n \ / \ \ } \}\ \ j R / , , ff ; i KODIAK ISLAND OROUGH r * ' "' °\ ENGINEERING /FACILITIES DEPARTMENT t o Q ' 2, a a� 710 Mill Bay Road y k q 1 tm `,, `^rz Kodiak, AK 99615 . t , `' *s „ (907) 486 -9349 Phone (907) 486 -9347 Fax Jim Graham Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Re: Kodiak Landfill Lateral Expansion Phase II Contract 2012 -21 Jim, Enclosed is a fully executed copy of the above referenced contract for your files. At this time, please provide the Performance and Payment Bonds in the amount shown in the Contract, Certificate of Insurance with and Endorsement naming the Kodiak Island Borough as additional insured and a list of your subcontractors. Upon receipt and satisfactory review of all these documents a Notice to Proceed will be issued. Feel free to contact me if you have any questions. Sincerely, �, . 4.. ..e I L e ! Jessi olfe, Project Assist . nt Engi �ring/Facilities Depaj. ent cc: W. Koning, Director, E/F Enclosure: Contract 2012 -21 Wove \Departments \EF\000 -Solid Waste \Lateral Expansion \Contracts\Brechan \Contract Cyr Ltr 120607.doc Fy KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT Kodiak Landfill Lateral Expansion Phase II - 07013 PROJECT NAME AND NUMBER This CONTRACT ( "Contract "), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Brechan Enterprises, Inc. Company Name 2705 Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ['Joint Venture _Sole Proprietorship X Corporation incorporated under the laws of the State of Alaska , its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above- referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Total payment under this Contract shall not exceed Eight Million One Hundred Five Thousand dollars ($_8,105,000.00] for all items. Payment for Lump Sum Items covers all work in the Drawings and in the Specifications except Work paid for as Unit Price Work. The Contractor has verified all quantities necessary to complete the Lump Sum Items. The Contractor further covenants and agrees that all materials shall be furnished and delivered Kodiak Island Borough Construction Contract Page lof 3 \Wove \Departments\EF OCO -Solid Waste \Lateral Expansion \Contracts\Brechan \Kodiak Island Borough Construction Contract hybrid dvil.doc and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: September 30, 2013 or within _n/a_ calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover _actual damages dollars ($ ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $8,105,000.00 Payment Bond, and $8,105,000.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Rick Gifford or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) _Project Specifications ;(2) Project Drawings Kodiak Island Borough Construction Contract Page 2of 3 \Wove \ Departments \ER000 -Solid WastetLateral Expansion \Contracts \Brechan \Kodiak Island Borough Construction Contract hybrid civll.doc IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR 13r- chrtr, Fhterprlses ,1 Comi y Name h ill ST♦. e of Authorized Company Representative . Tames 14. G- Z raham \/lce Presldev-ri Typed Name and Title 5 -29 -12 Date KODIAK ISLAND BOROUGH wt %J ,j ,/ Signature of Borough . .:er \s Rick Gifford 4 - Typed Name Q ,,'- • aY /a Date "7j :S #11 � 1 ESSIC11 klt$o4A1 Cone i tatraT GLR -14- lI :oii, Clerk NOVA JAVtt%1&. NUM. (A l !BST) Kodiak Island Borough Construction Contract Page 3of 3 1\dove \Daparbnents1ER000 -Solid Waste\Lateral Expansion \Contracts \Brechan\Kodlak Island Borough Construction Contract hybrid civil.doc KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2012 -21 Change Order No. 1 Project Name, Number & Location Amount of Contract & Change Order Landfill Expansion Phase 11 Original Contract $ 8,105,000.00 Project # 07013 Previous Changes $ -0- Contractor This Change $ 72,773.66 Brechan Enterprises, Inc. 2705 Mill Bay Road, Kodiak AK 99615 Adjusted Contract $ 8,177,773.66 Description of Change Cost A- Remove stumps/ root wads on the KIB landfill/ Surf and Turf LLC Property $72,733.66 and dispose of to facilitate relocation of the bear fence closer to the property line. Survey and establish corner markers (2) on property boundary. B- Relocate bear fence per KIB direction. C- North drainage temporary diversion. Install drainage ditch to divert water from Monashka Bay along the property to allow natural drainage. D- Excavate 7 test holes to approximate 10' depth to further elevate subsurface conditions in the project area. The time provided for completion of the contract is (Q unchanged) (Z increased) (fl decreased) by 5 calendar days. This document shall becom an amendment the contract and all provisions of the contract will apply thereto. Accepted By: Date 1 - ; ka L C actor's Representative // Recommended: / / 2iG ( i ff r'r Date R y'R ale Engineering/Facilities D' ector a • • Dire 5 - Approved By: , ° cst , ���lf Date qn9 7 -egO/o� Manager (Less Than $10„000— Tots O , 1 „ T • ; 0 1 07 for all change orders on this contract) 0 , 7 1 ® ; „. 0. a� , _ If the change order or orders exceeds t • the . and (I . Q) �'� Ilars, it will require the signatures of: A. The mayor and deputy presiding o p� B. The mayor and one (1) assembly mem:. iiglc a1 et • of the deputy presiding officer; C. The deputy presiding officer and one (1) arse . ' member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy presiding officer. Approved By: ` i� /`, �4►� Date 9/2'» Moor Deputy `'= -siding O' icer 1 Revised by MIS 06 /14/06 o FIELD DIRECTIVE #1 CH2MHILL REQUEST FOR QUOTATION QUOTATION NO: 1 TO: Jim Graham /Brechan Enterprises Inc. DATE: 8/9/12 FROM: Cory Hinds /CH2M HILL PROJECT: Kodiak Landfill Lateral Expansion, Phase 2 KEYWORD DESCRIPTION: Stump Removal, Bear Renee Relocation, North Drainage Diversion, Test Holes DATE QUOTATION REQUIRED: August 24, 2012 The following modification to the contract has been identified. Pursuant to the General Conditions, please provide a quotation for the alteration as described in Item 1. The quotation should include an itemized breakdown of contractor and subcontractor costs, including labor, materials, rentals, approved services, overhead, and profit. This request shall not be considered authorization to proceed with the work herein described. To be completed: by,Imtiat of Request:''] 1. Scope of Work: (including Attachments A) Item A: Remove stumps/root wads on the KIB landfill /Surf and Turf LLC property and dispose offsite to facilitate relocation of the bear fence closer to the property line. Survey and establish corner markers (2) on the property boundary. Item B: Relocation of the bear fence per KIB direction. Item C: North Drainage temporary drainage diversion. Install drainage ditch to divert water from Monashka Bay along the property boundary as shown in Attachment A to allow natural drainage of surface runoff. Coordinate location and section of ditch with KIB. Keep slope to 1% maximum. Survey to define extent and limits. For sediment control, provide rock check dams [dwg FC11, detail 2] in ditch every 50 feet. Wrap the last two check darns in geotextile filter fabric [ geotextile type 11. Provide ditch outlet protection with 1' rip rap over type 1 geotextile within 10' radius from end of ditch. Relocate silt fence down stream of ditch outlet. Item D: Excavate 7 test holes to approximate 10' depth to further evaluate subsurface conditions in the project area. 2. Reason(s) for Modification: ❑ Owner ® Unforseen Condltions(site, weather, etc) ElOther 3. Approval of Request: Owner: Date: Engineer: cm, - Date: 9/1 9/1 2 To becompleted by Contractor 4. Total cost of modification (attach detailed breakdown) $ 72,773.66 5. Will a modification to the contract time be required? 17 Yes ❑No If so, trade(s) Operators /Laborers No. of personnel 7 Duration 5 (calendar days) 6. Attachment identification: (list) 1 page - cost sheet 1 page - sections & calculations REV 2/01 FORM 411 1 page - layout plan 7. Quotation is in effect until: (date) 8. Approval of Quotation Contractor Jim Graham Date 9 -12 -12 REV 2/01 FORM411 &schen EISpISa ht Bmkewm aIDLM Cote' i DATE err AA C and n - _--_-- -- labor tldrhh SuScont SUP Draabbr Curt - UYl Cost 10b1 .. .. .... Curt Iki1Cce1 rtltl : Chat UPC* Toted S S r as end Urn 1/MONMENOMM.11111flEFRIMOMMII •Iii 709 ..a ... .. 7hare 7 S 09.00 S r• 00 eMlliM1— S . a it � �� 0 Sailli I 1.1= s �: .. _ - 1 S - W e,.. 4te.1 .. 3 : ,r r.� t - _ 1 760. ]60 .. • s �� 1 . 1 Sumter me l+kieo 4 n. � � + s 10... C assurer/ r yar.pdy —q- --r — �f • ^ "7'ta�- �lT!i''rtDO E�C9 iLI:1 S E1.1.. a 109 10ea•3p • • 60 3 2000 - S tmr 1 9..09 dues 1 1 app 1 000 s 300. rte'- f l.ea end eaara+w o-md 61a o s 2309 ail 1 0.- i II mio, $ 10900 nSa F I Forum la �■ 1 • 009.0 — S &0.09 ■ 1 45003 ®_ _— _ ® —VIII[ a. 13.090.00 D6. haeen• sse per t ONSMINIM la ilit.111 ILNI :n h • enrol 14.0 Cptetr � S 230m Total Pt Fri G ^ ( .. t!J 13-0 I i�� Driver, Crup 3 Rue= .•.. DISSta • ea , • $ 1603 �■ f436.10 f �i�- [♦ OWPPP Cur G Ie*7:'•'tni r 1 1_Z7t•Ir'"'E � —I• Lr. 11 . C '■� S 10..]- -� —_ 120560 S 31603 53700r 1 1863 Mlarbe Tadm $ 21600 • • 1 lam • - 0060 s 105.00 •.. 2600 SKI 310e01 Per harper • 3 bear print 10• Iced: 135bey whet/ C-4 class IGP Darr S 4anhaa LGP Dar 1 03 D-O aDarer 1 39609 NaUarrt Dart icy per each 60 Yea Dolor Orp Dredve ij l- Cod 0akaaand6l r 1 - -16 - f S — — a. r — 4 -- \ 5 A-re c., eS C.ic Es x43 4 $x \L, - kLe) -(m. r .s x \'3C ; \\7 4 G _ SxG - \'`xG - viz. fe" S - C‘xS-\ # \c- = 15.2 Lk : [ 1- 1 t 3 - 4x 8 _ S�f CN\PCk \7..,,. fI VU\ .. 3 . , 2 Le— 1/4-, ° \ .5' hS = G. s' A = ;x3/ -- G� 1 !I . I Sa° 4 7 kW' "frez / 1; ( oc CIA. .. " • ritif 1 / ' t ; / SO /1,1 / .14 c i I CL ' ''" - — — — — — —:— _Li 1 0 ll, _ .... i SW Oftth ' . .. • 1 40 .6 a (c. / 8 ea 7 Op s, 7 g s l 0 1 - 1 {1 0 5 z 3 . . . I . . . ,1/ ., .. . •a... sr. et 1 1 — 1 KODIAK ISLAND BOROUGH CONTRA CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2012 -21 Change Order No. 2 Project Name, Number & Location Amount of Contract & Change Order Landfill Expansion Phase II Original Contract $ 8,105,000.00 Project # 07013 Previous Changes $ 72,773.66 Contractor This Change $ 46,275.94 Brechan Enterprises, Inc. 2705 Mill Bay Road, Kodiak AK 99615 Adjusted Contract $ 8,224,049.60 Description of Change Cost Expand existing overburdened stockpile are located south of the lagoon. $46,275.94 Coordinate with KIB and survey extent to delineate. Remove trees and stumps, relocate bear fence along the edge of the natural bench to the north west of current locations. Relocate/ install sediment control measures (silt fence/ waddles) as required to maintain compliance with SWPPP. Utilize stumps in place and trees being cut to establish a barrier to hold overburden materials in place as required. The time provided for completion of the contract is (n unchanged) (N increased) (❑ decreased) by 5 calendar days. This document shall beco e an amendment to the contract and all provisions of the contract will apply thereto. Accepted By: "3 Date � .2 cps PimZ actor's Representative / /� Recommended: is Date c — y q °I ? Engineering/Facilities 1' rect. vAND e ance Direc S Approved By: c • AK ,- . ' i Date 7 Manager (Less Than $10,010 er• at , y ^ � ; :�i • h Clerk for all change orders on this c rn@c ' le V7 . z If the change order or orders exce; ,7 ^s q c 1 ou • ,„ 0 100) dollars, it will require the signatures of A. The mayor and deputy presidi : bf s A e- B. The mayor and one (1) assembly z nb'8r'inn • • . .sence of the deputy presiding officer, C. The deputy presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy presiding officer. A Approved By: /A ( �A. Date ('Z f or DeputPresiding *leer Revised by MIS 06/14/06 m FIELD DIRECTIVE #2 CH2MHILL REQUEST FOR QUOTATION QUOTATION NO: 2 TO: Jim Graham /8rechan Enterprises Inc. DATE: 8/10/12 FROM: Cory Hinds /CH2M HILL PROJECT: Kodiak Landfill Lateral Expansion, Phase 2 KEYWORD DESCRIPTION: Expand Overburden Stockpile Areas DATE QUOTATION REQUIRED: August 24, 2012 The following modification to the contract has been identified. Pursuant to the General Conditions, please provide a quotation for the alteration as described in Item 1. The quotation should include an Itemized breakdown of contractor and subcontractor costs, including labor, materials, rentals, approved services, overhead, and profit. This request shall not be considered authorization to proceed with the work herein described. To be`completed,by Initiator,ofRequest: 1. Scope of Work: Item A: Expand existing overburden stockpile area located south of the lagoon. Coordinate with KIB and survey extent to delineate. Remove trees and stumps [Owner will pay the KIB severance tax on timber harvested or sold, Contractor shall provide written documentation to the Owner of the amount of board feet and and gross production value of timber harvested or sold]. Relocate the bear fence along the edge of the natural bench to the north west of the current location. Relocate/install sediment control measures (silt fence, waddles) as required to maintain compliance with SWPPP. Utilize stumps in place and trees being cut to establish a barrier to hold overburden materials in place as required. Defer to Item B: Prepare a second overburden stockpile area southwest of the Shotrock Stockpile Area. Coordinate with KIB and later date survey extent to delineate. Remove trees and stumps. Relocate/install sediment control measures (silt fence, waddles) as required to maintain compliance with SWPPP. Utilize stumps in place and trees being cut to establish a barrier to hold overburden materials in place as required. 2. Reason(s) for Modification: ❑ Owner ® Unforseen Conditions(site, weather, etc) DOther Larger volume of overburden (ash /organics) than anticipated. Need to prepare a place to store this material on site. 3. Approval of Request: Owner: Date: Engineer: r Date: 9/19/12 To be completeu;by.Contractor: 4. Total cost of modification (attach detailed breakdown) $ 46,275.94 6. Will a modification to the contract time be required? 0 Yes ❑No If so, trade(s) Operators /Laborers No. of personnel 3 Duration 5 days (calendar days) 6. Attachment identification: (list) REV2/01 FORM411 7. Quotation is in effect until: (date) 8. Approval of Quotation Contractor James Graham Date 9 -12 -12 REV2/01 FORM411 I , ...1 q ,a^l.i. ; % 1 s i 1 - II I!IOO!!O! !!!II Olt HIHNIIIOIIIIIIIIIII 1 j III II II!IIVIIItiI III 1IIIIIIIINIIII I II I 1 .ii vi e I W�II�y :111111116111 �11�um X11' : ' i : i I I 1 — ------ Iiir I i I 1 01 .. e111FA111 i j 1.11 1- ,. ! i ,', ri I I t H Ell ill 1 MEM 1 J 0 I Nova Javier From: Bud Cassidy Sent: Thursday, January 24, 2013 8:29 AM To: Nova Javier Cc: Clerks Subject: Special Meeting - landfill project Nova — Can you please forward to the Mayor and the Assembly. Thanks Good Morning folks I am recommending that the Assembly hold a special meeting at your January 31 work session. This meeting will be limited to the following issues and those are: 1. Approval of the overall budget associated with the lateral expansion project; 2. Approve performing some of the phase III site work in phase II. If'you remember at a previous work session Dave Conrad, Borough landfill Construction Inspector, suggested holding off on work scheduled for Phase II because some of the work proposed in Phase III may impact, if not damage, that work completed in phase II. The work identified that could be jeopardized includes the laying down of a membrane liner in the leachate lagoon as well as associated piping to carry leachate to and from that lagoon. Dave identified those conflicts in reviewing the sequencing of the project. His recommendation is to have the site work scheduled for Phase III ( tree removal, clearing and grubbing, shooting and blasting and rock removal) be done now while there is a contractor, Brechan Enterprises, on site doing identical work in phase II. Those phase II items postponed will be completed upon completion of the phase III site work. With the recent changes in the procurement regulations the assembly needs to approve the following: 1. Project Budget (for the entire landfill project); and 2. Approving the phase III work to be done prior to completion of the phase II work (Moving the phase III site work to phase II requires a Change Order (because this phase III work is not included in phase II contract with Brechan) also, any change order over $200,000 requires Assembly approval. The Phase III site work is estimated not to exceed $800,224.32. It will be done on a Time and Materials (T &M) basis where we pay for only the actual rock moved (to be confirmed by survey) and without contractors mark up. Lastly, the code (KIBC 2.30.030(B) allows for special meetings to be called by the Mayor, deputy presiding officer or by three Members of the Assembly. lease'noti; Athe Clerkis offic if oudthmk afs ecial meetin isov cited. P, �1�e : y.. p � �� m Should you have any questions, please contact me. 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'a ... �' 7 tom_ } ~ ''s °''w' KODIAK ISLAND BOROUGH ' 'K :' " AGENDA STATEMENT , r V7 � � e SPECIAL MEETING OF: JANUARY 31, 2013 ITEM NO.: 3.B TITLE: Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by Approving a Change Order to Perform Phase III Site Work in Phase II. ORIGINATOR: Engineering and Facilities Director FISCAL IMPACT: ❑ Yes or ® No Funds Available ® Yes ❑ No Account Number: Project #07013 Amount Budgeted: $ 960,000 ATTACHMENTS: Change Order #4 to Contract No. 2012 -21, Email from Dave Conrad to Jessica Wolfe dated January 11, 2013, Cost Breakdown dated February 3, 2013, and Landfill Lateral Expansion Construction Design Estimated Budget dated January 25, 2013 APPROVAL FOR AGENDA: tt v* SUMMARY STATEMENT: Kodiak Island Borough code 3.30.100 "change order — Manager Authority" states that a contract change order exceeding $200,000 for a particular contract requires Assembly approval. The purpose of this change order is to allow the current Phase II contractor, Brechan Enterprise, Inc., to perform the logging, grubbing, clearing, shoot and blast rock removal associated with the Wastewater Treatment Facility building site for phase III. This acceleration will ensure that no HDPE liner work contained in Phase II is damaged due to the installation timing. This will also ensure the piping to be installed in Phase II will not be threatened by the heavy haul associated with gross rock removal. It will minimize interference with multiple contractors on the site. It also allows the work to be performed on a time and material basis which reduces the overall cost to KIB by preventing this portion to be bid in phase III saving the contractors markup. Though there is money in this budget for this change order, this scope of work is not in the Brechan's Phase II contract. The present budget estimates for Phase III of $10,848,000 have been updated and with the present funding sources available, the total project is short by $4,756,740. If the Municipal Grant and Legislative Grants come through then there will be an excess of $1,858,802 available. If these two grants do not come through then the FY13 loan could be adjusted to accommodate the $4,756,740 shortfall. RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Later Expansion Project by Approving a Change order to Perform Phase III Site Work in Phase II in an amount not to exceed $800,244.32. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH CONTRACT CHANCE ORDER 710 MILL BAY ROAD KODiAK ALASKA 99615 Contract No. 2012 -21 Change Order No. 4 Project Name, Number & Location Amount of Contract & Change Order Landfill Expansion Phase 11 Original Contract $ 8,105,000.00 Project H 07013 Previous Changes $ 440,594.61 Contractor This Change $ 800,224.32 NTE Meehan Enterprises, Inc. 2705 Mill Bay Road, Kndiak AK 99615 Adjusted Contract $ 9,345,818.93 Description of Change Cost Move a portion of Phase 11 work into Phase 1111 including the logging, grubbing, $ 800,224.32 NTE clearing, shoot and blast and rock removal associated with the Wastewater Treatment Facility building site for Phase Ili to ensure that no HDPE liner work • contained in Phase 2 is damaged due to the installation timing as well as ensure • • the piping to be installed in Phase II will not be threatened by the heavy haul ' associated with the gross rock removal. This work will be performed on a time and Materials basis. The estimated cost of the work is 5800,224.32 which includes a contingency if needed to complete the work. 1 The time provided for completion of the contract is (® unchanged) (U increased) (U decreased) by 11 calendar days. This document shall beconl- an amendment the contract and all provisions of the contract will apply thereto. 7, Accepted By: 14, J naT ! J , -- Date 1 - \ J " 40\5 Cantractor's Representative ' • Recommended: /1 4 rve- /LC^ t. .-D � 'y / Date I_ 2 • Engines; ng /Facilities Di F , : , i nci AO / .;+-`� V s -P5-1-8913 Approved By: �- �11•A ✓.�t7111' _ . Date / Manager (L Th.., t110, tk;. ' � � r • $y} . t n . ' M " for ELI change ordeal co Ns i If the change order or orders exc - , 4 fen ousand (10 /'r ol r rs, it will require the signatures of: A. The mayor and deputy presi 4 � b p" B. The mayor and one (1) assemb .A, ajitn a deputy presiding officer; C. The deputy presiding officer and , a11+ . y m . • r in the absence of the mayor; or D. Any two (2) assembly members in the . h^:: • , , mayor and deputy presiding officer. Approved By Date Mayor Deputy Presiding Officer Revised by MIS 06/4106 Kelsea Kearns From: Dave Conrad Sent: Friday, January 11, 2013 12:08 PM To: Dave Conrad; Kelsea Kearns; Jessica Wolfe Cc: Matt Gandel Subject: RE: Phase 3 to Phase 2 From: Dave Conrad Sent: Friday, January 11, 2013 11:55 AM To: Jessica Wolfe Subject: Phase 3 to Phase 2 The purpose of this change order is to allow the current Phase 2 contractor, Brechan Enterprises Inc., to perform the logging, grubbing, clearing, shoot and blast and rock removal associated with the Wastewater Treatment Facility building site for Phase 3. This acceleration will ensure that no HDPE liner work contained in Phase 2 is damaged due to the installation timing as well as ensure the piping to be installed in Phase 2 will not be threatened by the heavy haul associated with the gross rock removal. It will minimize interference with multiple contractors on the site and has allowed the work to be performed on a time and materials basis which reduces the overall cost to the KIB. The current Phase 2 projected budget of $10,347,400.00 can accommodate the $800,000.00 change order as well as the recently approved $321,000.00 change order for the South Dump Site. This $800,000.00 change is work that is budgeted in the Phase 3 estimated budget of $6,592,000.00. As a result if the Phase 2 budget can fund this Phase 3 work, the Phase 3 budget will not be decreased. This thought process will reduce the contingency monies originally placed within the Phase 2 budget therefore any additional change order encountered in Phase 2 may require additional funding. It is the position of the staff that this work move up is fiscally beneficial and will assist in the contract end date being more secure as completion is time sensitive. 1 Landfill Lateral Expansion Construction Design Estimated Budget January 25, 2013 Landfill Expansion Phase I,11 & 111 10/10/2012 Budget Budget Budget Phase I Phase II Phase III $3,838,720 $10,374,400 $6,592,000 $20,805,120 Total Landfill Expansion Phase 1,11 & III 1/20/2013 Budget Budget Budget Phase I Phase II Phase III $3,838,720 $10,374,400 $10,848,000 $25,061,120 Total $3,759,168.0 15% Contingency I Budget Estimate $28,820,288 Eligible Funding Source $2,612,000 Clean Water Fund loan $6,033,000 Clean Water Fund loan amendment $3,000,000 FY 12 Municipal matching grant $3,000,000 FY 12 Legislative Grant $3,600,000 Revenue bonds $5,818,548 FY13 loan amount $24,063,548 $3,000,000.00 FY13 Municipal matching grant pending $3,615,542.00 FY13 Legislative grant pending 56,615,542.00 $30,679,090 Projected funding total including pending state requests Budget Estimate $28,820,288 Funding Available as of 1/17/13 $24,063,548 Remaining Needed ($4,756,740) Page 1 Landfill Lateral Expansion Construction Design Estimated Budget Phase III Lateral Expansion Estimates Site Work 1,500,000 (Brechan Ch. Ord #4 Site Work Move) Building 2,000,000 MBR System 2,650,000 Facility Mechanicals 1,500,000 Design Services 750,000 Eng. Services During Construction 350,000 Chemical Storage 290,000 1 Phase III Budget Increases DEC Regulatory Requirement P & Z Buffer Requirements $1,808,000.00 Estimated Costs Additional Storm Water Plant Operating Costs Page 2 Kodiak Island Borough Assembly Special Meeting Guidelines January 31, 2013, Borough Assembly Chambers . 1. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Stutes who is absent due to personal leave. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Approval of the Overall Estimated Budget Associated With The Kodiak Landfill Lateral Expansion Project. Recommended motion: Move to approve the overall estimated budget associated with the Kodiak Landfill Lateral Expansion Project at $28,820,288. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by Approving a Change Order to Perform Phase III Site Work in Phase II. Recommended motion: Move to authorize the manager to exe . e Ctr: ct No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfil Late :E •ansion Project by Approving a Change Order to Perform Phase III Site or. n Phase II in an amount not to exceed $800,244.32. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 31, 2013 Page 1 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 31, 2013 Page 2 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special ✓ Date: Od I ia©L9 Convened: q • ) Recessed: Reconvened: Adjourned: C r OS rat. BY: BY: k(q2(.OJ1J BY: r BY: Y• I BY: G I I l Y L SECOND: SECOND: SECOND: 9C/1:it /a OI/I � SECOND: j3Dy p I SECOND: /J�LI � I �Vl9u W V Q `� Y �" ��� de., vtc Est (` aola-aI 4 YE NO YES NO YES NO YES NO YES NO Ms. Austerman Ms. Austerman Ms. Austerman„ _ V Ms. Austerman V Ms. Austerman 1 / Mr. Bonney f Mr. Bonney Mr. Bonney J9+' 7 Mr. Bonney ag( ✓✓ Mr. Bonney Mr. Griffin ✓ Mr. Griffin Mr. Griffin / Mr. Griffin // Mr. Griffin — Mr. Kaplan V Mr. Kaplan Mr. Kaplan V Mr. Kaplan v V Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch ' / Ms. Lynch 1/` Mr. Stephens V Mr. Stephens Mr. Stephens ✓ Mr. Stephens Y . �/ / Mr. Stephens Ms. Stutes ✓ I t tltg$ . • t - � s S 4 o, I's. u - (CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?I _' TOTAL: TOTAL: TOTAL: 5— t TOTAL: to 0 TOTAL: l / The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH 4 e va tilWORK SESSION 1 jr,ac toad Work Session of: _h. � _ . _Aa: a043 Please PRINT your name Please PRINT your e cc 1 1 N f7-g •o � \ 1,.kketiv,. ,..-bzu \\t'Y 1*< GtJz2' _: AIN Atp