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HomeMy WebLinkAboutOrdinance No. 3406-2024KENAI CITY OF KENAI ORDINANCE NO. 3406-2024 Sponsored by: Administration AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND AND AUTHORIZING A FINAL ADJUSTING CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HDL ENGINEERING FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE 2020 KENAI MUNICIPAL AIRPORT SAND STORAGE FACILITY PROJECT. WHEREAS, the City of Kenai is nearing completion of the Airport's Sand Storage Facility Project located at 515 N. Willow St.; and, WHEREAS, funding for this project has been provided by two grants from the Federal Aviation Administration identified as grant numbers 3-02-0142-064- 2020 and 3-02-0142-065-2021 respectively; and, WHEREAS, these grant funds are anticipated to cover 100% of the grant eligible costs associated with the project; and, WHEREAS, prior legislation including passage of Ordinances 3116-2020 and 3155-2020 appropriated these grant funds and awarded a design agreement to HDL Engineering and a construction agreement to Orion Construction in support of the project; and, WHEREAS, this Ordinance appropriates the Federal Aviation Administration's share of HDL Engineering contract amendments 2 & 3 in the total amount of $151,319 and Orion Construction's change orders 1, 2, & 3 in the total amount of $50,261.34; and, WHEREAS, this will bring the total direct costs associated with the project to $607,332 for HDL Engineering Design and Construction Administration Services and $2,339,261.34 for Orion Construction's, Construction costs for a total direct project cost of $2,946,593.34; and, WHEREAS, staff intends to seek reimbursement for other project costs including city staff administration time, permit and utility fees associated with the project and will continue that work through grant closeout. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept grant funding from the Federal Aviation Administration in the amount of $201,580.34 for the grant eligible portions of HDL Engineering Amendments 1 & 2, and Orion Construction's Change Orders 1, 2 & 3, and to allow staff to continue to seek reimbursement for City Admin and other project related expenses during grant closeout. Section 2. That the estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund: 2020 Sand Storage Facility Project Increase Estimated Revenues β€” FAA Grant $201,580.34 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3406-2024 Page 2 of 2 Increase Appropriations β€” Construction Section 3. That the City Manager is authorized to increase HDL Engineering's Purchase. Order 120153 by $18,326 to a new total of $607,332. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: immediately upon enactment. That pursuant to KMC 1.15.070(o, this ordinance shall take effect ENACTED BY THE COUNCIL OF THE CITY OF KENAI, A ATTEST: Arβ€” Mic e e . ane , MC, City Clerk Approved by Finance: Introduced: Enacted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] March 20, 2024 April 3, 2024 April 3, 2024 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: March 12, 2024 SUBJECT: Ordinance 3406-2024 Airport Sand Storage Facility The Kenai Municipal Airport's Sand Storage Facility Project is nearing final completion and will be entering grant closeout soon. This project was significantly delayed due to the timing of the construction contract execution and COVID. Supply chain issues severely impacted the project. Project history includes the original agreement with HDL Engineering to provide bid ready construction documents which was executed on April 17, 2020 in the amount of $265,681. On August 10, 2020 the project was released for construction bids, with bids due on August 31, 2020. Orion Construction provided the winning construction bid at a total cost of $2,289,000. On September 24, 2020 the City executed grant 3-02-0142-064 in the total amount of $1,954,101 with the Federal Aviation Administration with the understanding a second grant would follow in the spring. On May 19, 2021 the City executed grant 3-02-0142-065 in the total amount of $881,161, bringing the total grant funding to date to $2,835,262. A formal construction agreement was executed with Orion Construction on October 15, 2020 for the bid amount of $2,289,000. On October 16, 2020 Contract Amendment 1 was executed with HDL Engineering to award construction administration services in the amount of $190,332 bringing their total contract to date to $456,013. Throughout the course of the project, staff would process two additional contract amendments with HDL Engineering and three construction change orders with Orion Construction in support of the project as detailed below. HDL Engineering Original Contract - $265,681 Amendment 1 - $190,332 Awarded CA Services Amendment 2 - $132,993 Additional services due to COVID delays Amendment 3 - $18,326 Additional services through final completion Orion Construction Original Contract - $2,289,000 Change Order 1 - $0.00 Provided time extension only Change Order 2 - $43,308.03 Owner requested additional work Change Order 3 - $6,953.31 Owner requested additional work This brings HDL Engineering's total services to $607,332 and Orion Construction's total services to $2,339,261.34, with total design and construction costs of $2,946,593.34. Staff will continue through closeout submitting costs associated with City Admin hours, permit fees and utility permit and connection fees which are not currently included in the above numbers. We expect a majority of these expenses to also be grant eligible. For purposes of this Ordinance we are appropriating the FAA related funding for work associate with HDL Engineering contract amendments 2 & 3, as well as Orion Construction's change orders 1, 2 & 3, which combined total $201,580.34. Council's approval is respectfully requested. Page 2 of 2 The City of Kenai I www.kenaixity