Contract No. 1993-01 - Chase Plumbing and HeatingOWNER - GENERAL CONTRACT01
CONTRACT
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THIS CONTRACT, made this 25th day of January A.D., 1993, between the Kodiak Island Borough,
acting by and through its Borouy r, party of the first part, and Chase Plumbing & Heating
o�y,�-Kodiak, Alaska, Aghincorporated under the Taws of the State of Alaska
its successors and assigns, party of the second part, hereinafter called the Contractor.
WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein
specified and agreed to by the party of the first part, hereby covenants and agrees to furnish and
install all the materials and to do and perform all the work and labor required in the construction of
the Unit Heater & Waste Oil Burner Project, in the Kodiak Island Borough, Kodiak, Alaska, for the
sum of Twenty-one thousand Four hundred eighty-one Dollars ($ 21,481 .00).
The Contractor further covenants and agrees that the entire construction shall be done under the
administration and to the complete satisfaction of the Kodiak Island Borough subject to inspection
at all times and approval by any participating agency of the Government of the United States of
America, and in accordance with the laws of the State of Alaska and rules and regulation of said
Federal Agency.
The Contractor further covenants and agrees that all of said work and labor shall be done and
performed in the best and most workmanlike manner and that all and every of said materials and
labor shall be in strict and entire conformity in every respect with the Contract documents: that he
will abide by and perform all stipulations, covenants, and agreements specified in Contract
documents, all of which are by reference hereby made a part of this Contract, as to all premises
therein: and in any of said materials or labor shall be rejected by the Borough Mayor or his
assistant or authorized representative, as defective or unsuitable, then the said materials shall be
removed and replaced with other approved materials and the said labor shall be done anew, to the
satisfaction and the approval of the Borough Mayor or his representatives, at the cost and expense
of the Contractor.
The Contractor further covenants and agrees that all of said materials shall be furnished and
delivered and all and every of the said labor shall be done and performed, in every respect, to the
satisfaction of the herein aforementioned Borough Mayor, on or before March 15, 1993. It is
expressly understood agreed that in case of the failure on the part of the Contractor for any reason,
except with the written consent of the Borough Mayor, to complete the furnishing and delivery of
said materials and the doing and performance of the said work before the aforesaid date, the party
of the first part shall have the right to deduct from any monies due or which may become due the
Contractor, or if no monies shall be due, the party of the first part shall have the right to deduct
from any monies due or which may become due the Contractor, or if no monies shall be due, the
party of the first part shall have the right to recover said deduction to be made, or said sum to be
recovered not as penalty, but as damages. Provided, however that upon receipt of written notice
from the Contractor of the existence of causes over which said Contractor has no control and
which must delay the completion of said work, the Borough Mayor may at his discretion, extend
the period hereinbefore specified for the completion of the said work, and in such case the
Contractor shall become liable for said liquidated damages for delays commencing from the date on
which said extended period shall expire.
It is distinctly understood and agreed that no claim for additional work or materials, not specifically
herein provided, done or furnished by the Contractor, will be allowed by the Borough Mayor, nor
shall the Contractor do any work or furnish any material not covered by this contract, unless such
work is ordered in writing by the Borough Mayor. In no event shall the Contractor incur any liability
by reason of any verbal directions or instructions that he may be given by the Borough Mayor, or
his representatives, nor will the said party of the first part be liable for any materials furnished or
used, or for any work or labor done, unless said materials, work or labor are required by said
Contractor on written orc._. furnished by the Borough Mayor. Any :h work or materials which
may be done or furnished by the Contractor without written order first being given shall be at the
said Contractor's own risk, cost and expense and he hereby covenants and agrees that without
such written order he shall make no claim for compensation for work or materials so done or
furnished.
Any dispute arisina under_thiscontract which is not disposed of by agreement_ between the
Contractor and the Project Manager shall, at the request of the Contractor, be decided by the
Contracting Officer who shall reduce his decision in writing and mail or otherwise furnish a copy
thereof, to the Contractor. The Contracting Officer reserves the right to make written request to
the Contractor at any time for any additional information needed to make his decision. The
decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the
date of receipt of such copy, the Contractor mails or otherwise furnishes to the Kodiak Island
Borough Assembly, a written appeal. The Notice of Appeal shall include specific exceptions to the
Contracting Officer's Decision, including specific provisions of the contract relied upon. General
Assertions that the Contracting Officer's Decision is contrary to law or, to fact, are not sufficient.
The decision of the Kodiak Island Borough Assembly shall be rendered within 120 days of the
Notice of Appeal. The decision shall be final and conclusive unless determined by a competent
jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as
necessarily to imply bad faith.
The Disputes article does not preclude consideration of questions of law in connection with
decisions provided for above. No in this contract, however, shall be construed as making final the
decisions of the Kodiak Island Borough Assembly or its representative on a question of law.
At all times during the time that a dispute is pending and in the process of being resolved or
decided, the Contractor shall proceed diligently with the work so as to achieve, if at all possible,
performance of the work within the contract allotted time.
The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation
for furnishing all the materials and labor which may be required in the prosecution and completion
of the whole work to be done under this contract, and in all respects to complete said contract to
the satisfaction of the Borough Mayor.
It is further distinctly agreed that the said Contractor shall not assign this contract, nor any part
thereof, nor any right to any of the monies to be paid him hereunder, nor shall any part of the work
be done or materials furnished under this contract.
IN WITNESS WHEREOF, The Kodiak Island Borough Mayor, by authority in him vested, has
executed this contract on behalf of the Kodiak Island Borough, and the said Chase Plumbing &
Heating Company has hereunto set their hands and seals, the day and year first above written.
KODIAK ISLAND BOROUGH
By
all
Bqgough Mayor
C�
ATTEST -
ughBy ur
CHASE PLUMBING & HEATING CO.
P. 0. Box 416
Kodiak, AK 99615
By
President—