90-21 Olympic Pacific Builders, Inc. - Temporary C. T. Building at Hospital~.
KODIAK ISLAND BOROUGH ; » ~
710 MILL BAY ROAD
KODIAK, ALASKA 99615 ^ ~' ^C~ITFc..~~CHANGE ORDER
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Contract No. Change Order No
Project Name, Number & Location Amount of Contract & Change Orders
~: .. ., _ _.. _ __ ,. ___ ~ Original Contract
' -- Prevbus Changes '-
Contractor
This Change -
Adjusted Contract
Description of Change Cost
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The time provided for completion o{the contact is Ifutebaro$ad~(incressedl ~+J by
become sn amendment ro the rn t and a/ provisions of the coMrsct will gopy tMaro alendsr days This documentshal/
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Accepted BY ~ j.. ~ ~t` ~ 7 _ i j I ~ F ~ Date ~ '. r ~!
(Contractor's RapreseM~t)ye
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Recommended: I!t ~~ i f ~ ("'~ ~~% Dat•
Facility Coordinator
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APProved By: - ~ ~ ~ Data
Contracting Officer - -
Copies: Original to Facility Coordinator
Canary to tiOrltreCtOr
Pink to Project Inspector
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TEMPORARY C. T. BUILDING
OCT 10199ti
KU~~i~n ISLAND BOROUGH
CONTRACT FACILITY COORDINATOR
THIS CONTRACT, made this 9th day of October A.D., 1990, between
the Kodiak Island Borough, acting by and through its Borough Mayor, party
of the first part, and
Olvmoic Pacific Builders, Inc.
of Woodinville, Washington
A CORPORATION, incorporated under the laws of the State of Washington ,
its sucessors and assigns, party of the second part, hereinafter called the
Contractor.
WITNESSETH; That the Contractor, for and in consideration of the payment
or payments herein specified and agreed to by the party of the first part,
hereby covenants and agrees to furnish and install all the materials and to
do and perform all the work and labor required in the construction of the
Temporary C. T. Building at Kodiak Island Hospital, Kodiak Project # KIB -
O50 in the Kodiak Island Borough, Kodiak, Alaska, for the sum of
slinety Thousand-Two Hundred
Dollars ($ 90,200.00 ).
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 said materials and labor shall be in strict and entire
conformity in every respect with the Plans and Specifications; that he will
abide by and perform all stipulations, covenants, and agreements specified
in said Plans and Specifications, all of which are by reference hereby made
a part of this Contract, as to all premises therein; and in case and 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 or 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 oP 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 90 calendar days from issuance
oP 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 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
00532 CONTRACT
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TE~ipORARY C. T. BQILDING
1
to recover Two Hundred Dollars ($200) per day for each and every calendar
day elapsing between the time stipulated and the actual date of completion
in accordance with the terms thereof; said deduction to be made, or said
sum to be recovered not as penalty, but as damages. Provided, however,
that upon receipt oP written notice from the Contractor of the .existence of
causes over which said Contractor has no control and which must delay the
completion oP 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 damages for delays
commencing from the date on which said extended period shall expire.
Zt is distinctly understood and agreed that no claim for additional work or
aaterials, 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 order
furnished by the .Borough Mayor. Any such 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 arising under this contract 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;
_o fact, are not sufficient.
Phe decision of the Kodiak Island Borough Assembly shall be rendered within
L20 days of the Notice of Appeal. The decision shall be final and
;onclusive unless determined by a court of competent jurisdiction to have
peen fradulent, or capricious, or arbitrary, or so grossly erroneous as
tiecessarily to imply bad faith.
:his Disputes article does not preclude consideration of questions of law
'.n connection with decisions provided for above. Nothing in this contract,
iowever, shall be constued as making Pinal the decisions of the Kodiak
Island Borough Assembly or its representative on a question of law.
0532 CONTRACT
AGE 2 OF 3
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TEMPORARY C. T. BUILDING
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.
The bonds given by the Contractor in the sum of $ g0,20o_00 Payment Bond,
and $ gn ~nn_nn , Performance Bond, to secure the proper compliance with
the terms and provisions of this contract, are hereto attached and made
part thereof.
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 m y~nir Pacific Builders. Inc.
have hereunto set their hands and seals, the day and year first above
written.
KODIAK ISLAND BOROUGH
By
By
CONTRACTOR
O1 m is Pacific Builders, Inc.
By c~ ~
Title: President
By: -.J`~
Bor ugh rk
n n F'i 7 Ian vmn w r+.n