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  County Administrator's Report     12. 10.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 09/05/2019  
Issue:    BKW, Inc. - Perdido Landfill Section V Cell 1A Expansion
From: Pat Johnson
Department: Waste Services  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Approval of Project Final Closeout Summary and Assessment of Liquidated Damages for Construction of Perdido Class I Landfill Section 5 Cell 1A Expansion - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action:

A. Approve the Project Final Closeout Summary and processing of Change Order #12 in conjunction with the last Progress Payment to BKW, Inc.,

B. Authorize the County Administrator to sign the approved Change Order; 

C. Approve the Assessment of Liquidated Damages against Final Payment for the construction of the Perdido Class I Landfill Section 5 Cell 1A Expansion;

D. Authorize the County Administrator to notice Philadelphia Indemnity Insurance Company (Surety), concerning the Board's approval of the Assessment of Liquidated Damages, in the amount of $ 223,000, against the Final Payment to BKW, Inc., for the construction of the Perdido Landfill Section 5 Cell 1A Expansion; and

E. Authorize the Issuance of a Final Payment, in the amount of $ 145,879.91, to Philadelphia Indemnity Insurance Company (Surety), on behalf of BKW, Inc., representing its retainage less assessed Liquidated Damages as approved by the Board.

In preparation for Project Closeout and Final Payment, staff is requesting that the Board give consideration for approval of the Final Closeout Summary to include Change Order #12 to be processed with the last Progress Payment to BKW. Inc., and because of Philadelphia Indemnity's claim to the contract funds, liquidated damages shall be deducted from the Final Payment prior to being submitted to Philadelphia Indemnity Insurance.  

[Funding:  Fund 401, Solid Waste Fund, Cost Center 230315 Projects, Object Code 56301]
BACKGROUND:
On November 10, 2017, the BCC approved an Agreement with BKW, Inc., to construct the Perdido Class I Landfill Section 5 Cell 1A Expansion, per PD 16-17.085. The original project substantial completion date was June 17, 2018. BKW, Inc., achieved substantial completion June 14, 2019, with Final Completion currently in process. In preparation for Project Closeout and Final Payment, staff is requesting that the Board give consideration to approval of the Final Closeout Summary to include Change Order #12 to be processed with last progess payment to BKW Inc. Because of Philadelphia Indemnity's claim to the contract funds, liquidated damages shall be deducted from the Final Payment prior to being submitted to Philadelphia Indemnity Insurance.
BUDGETARY IMPACT:
Funding for this project is available in Fund 401, Solid Waste Fund, Cost Center 230315, Object Code 56301.
LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney's Office has reviewed supporting documentation for Closeout Summary and Assessment of Liquidated Damages.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
Board authorization is required to assess liquidated damages and/or withholding retainage.
IMPLEMENTATION/COORDINATION:
After Board review and approval, Waste Services Department will proceed with prossessing of the Change Order and with the Assessment of Liquidated Damages against the final payment to BKW, Inc. for the construction of the Perdido Class I Landfill Section  5 Cell 1A Expansion. 

Attachments
CO #12_Closeout Summary_JEA
Liquidated Damages
Philadelphia Indemnity Ltr _09202018
Memo To File_PTJ

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