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Commissioners approve Kilo Construction pay application and change orders, debate permitting and potential local costs for Airport Access Road
Summary
The board approved Pay Application No. 2 to Kilo Construction and authorized contract calendar-day and quantity change orders for the Airport Access Road CDBG project, while raising concerns about KDOT/KDHE permitting, potential design errors, and the risk that additional costs could fall to the county.
Coffey County commissioners approved a pay application and multiple change orders for the Airport Access Road project funded in part by a Community Development Block Grant, but flagged unresolved permitting and design issues that could leave the county responsible for additional expenses.
Staff presented Pay Application No. 2 from Kilo Construction for $117,959.39 (transcript shows minor rounding/typographical variants) and recommended payment. Commissioners moved and seconded the pay application; the board approved the payment by voice vote.
The board also authorized Change Order No. 3, which sets the total contract calendar days to 160 for Phase 2 (not an additional 160 days), and later approved Change Order No. 4 for $6,608.07 to add 24-inch reinforced concrete pipe and related items.
Commissioners and staff discussed several problems encountered during work on Phase 1, including a KDOT inspector’s stop-work action (noted in the project logs as July 22) and a denied KDHE permit that had been appealed to a higher level. Staff described field-level quantity changes and a previous large change order authorized for Phase 2; commissioners questioned whether some increased costs were due to engineering errors and whether the engineering firm or contractor should bear responsibility.
A commissioner warned about altering natural drainage and downstream impacts, noting that "you shouldn't be able to change existing water flow. That person downstream has water rights." Staff said the state review and any required reengineering remain outstanding; the board asked staff to convene a work session with engineers, the contractor, and state representatives before approving further major payments or changes.
Practical impact: The county is obligated to pay for completed, engineer-approved work presented on pay applications; commissioners asked staff to investigate whether some costs could be reassigned due to alleged engineering mistakes. Staff said the CDBG grant is at its maximum cap, and any additional expenses beyond available grant dollars would likely be local expenditures.
Next steps: staff to schedule a work session with engineers, the contractor, and appropriate state officials and to report back with possible remedies and cost exposure estimates.
