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90-07 Brechan Enterprises, Inc. - Selief Lane/Von Scheele Way Seal Coat Project- C 4D -aa7 KODIAK ISLAND BOROUGH ~ ? GONy rt/CC7 reHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. Change Order No Project Name, Number & Location Amount of Contract & Change Orders Original Contract i , -~ _ ~ Previous Changes - ~ - ~ . Contractor This Change ~C 1 e 1 -. : .~ _ . Adjusted Contract ~ ._.... . Description of Change Cost ~~'" The time provided forcomp/etion of the contract is (atoch~sdJ (incressadl (decadAedl by i I % cs/endsr days This documenhshal/ become an amendment ro the rontrect end a/l provisions of the contact will appty therero Accepted By:- ~ ~ .r.- Date Contractor's Representative Recommended: ,: ~~'' ~. ~ ~' Dat e ".. - ~.. Facility Coordinator Approved By: Date Contracting Officer Copies: Original to Facility Coordinator Canary to Contractor Pink t0 Project Inspector l7 =?P~ . n i-r9 KOOIAK ISLAND BOROUGH CONTRACT C( IGE ORDER 710 MILL BAY ROAD ~ f o~% 7- 2se3 rS139=.9/r'~ KODIAK, ALASKA 9%15 Contract No. CN90007 Change Order No 001 Project Name, Number 3 Location Amount of Contract 8 Change Orders Selief Lane/Von Scheele Way Seal Coat Project Original Contract $77,657.00 Previous Changes -0 Contractor ThisChange $3,778.00 Brechan Enterprises, Inc. Adjusted Contract $81,435.00 Daxrlption of Change Cost Changes Per Attached KIB Letter 7-6-90 Items A-F A & C $ 800.50 B 1,149.50 D 135.00 E 1,313.00 F 380.50 TOTAL $3,778.00 TM Mme OreafaMil /ereueMirMar a/ek eenfrst b Gmsheiiipidl xXXXXX911YR94K1lA7FXTha docvmeM tlraM baeorrie n amaradmatt eud eN o/MN onrmaer pp/y tMreto ~ ~ ®- ~ " ~Q AcceptW By• ~ DaU !" ~_, Contractor's Representati Recommended: Dah ©~ ~'~ ~ O Facility Coordinator APDroved By: ` Oate~ ~ ~~ Contracting Officer COplee: Oriplnal to Faeilily Coorolnator canary ro Contractor 00564 -Change Order Page 1 of 1 Pink to Pro-eet Impecror ~l~- Kodiak Island Borough 710 MILL 8AY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486.5736 July 6, 1990 Brechan Enterprises Inc. 2705 Mill Bay Road Kodiak, AK 99615 PROJECT NAME: Selief Lane/Von Scheele Way Seal Coat Project Gentlemen, The Borough requests proposals on the following Change Order Items: A. Cut out and repair three potholes on Von Scheele Way located near the intersection of Mill Bay Road (Exhibit A) B. Lower the manhole lid and ring at Selief Lane and Von Scheele Way intersection (Exhibit C1 C. Cut out broken pavement edge on Selief Lane at its intersection with Von Scheele Way and restore the gravel shoulder. (Exhibit C) D. Patch and level up deterioated center line seam from station 16+00 to 21 +50 on Von Scheele Way with the seal coat material & chips prior to seal coating the Von Scheele Way roadway. (Exhibits A, B, and C) E. Scale the face of the rock cut along the Von Scheele Way pedestrian pathway from station 17 +00 to station 21 + 50. Move rock generated to a designated stockpile site on Smokey's Road near station 2+50. (Exhibits A, B, C, & E) F. Clean up the paved area between the Von Scheele Way Pedestrian Pathway and the roadway which includes the existing guardrail and seal coat. (Exhibit E) Please indicate proposed cost change by item letter designation and indicate any "time for contract completion" change required. Sincere) , Ray Camardella, Director Engineering/Facilities enc. RC:km C9o-ova ~1~1~4j~~"~ ~ ~, ~ ~N~p~oo7 BELIEF LANE/VON SCHEELE WAY SEAL COAT PROJECT 1990 CONTRACT THIS CONTRACT, made this 8th day of June A.D., 1990, between the Kodiak Island Borough, acting by and through its Borough Mayor, party of the first part, and Brechan Enterprises Incorporated, 2705 Mill -y Road, Kodiak, a corporation incorporated under the laws 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 for the BELIEF LANE/VON SCHEELE WAY SEAL COAT PROJECT 1990 in the Kodiak Island Borough, Kodiak, Alaska, for the sum of Seventy-seven thousand six hundred fifty-seven ($77,657.00) Dollars. 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 time 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 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 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 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 Auoust 23. 1990. It is expressly understood and agreed that in case of the failure on the part of the Contractor for any DOCDM@7P 00532 ~AC'P Page 1 of 3 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 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 sum to be recovered not as penalty, but as liquidated 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 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 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, to fact, are not sufficient. DOCQ~ 00532 00[aRACP Page 2 of 3 k t 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 court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. This Disputes article does not preclude consideration of questions of law in connection with decisions provided for above. Nothing 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 alloted 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 S77.657.00. Payment Bond, and 577.657.00. 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 Brechan Enterprises Incorporated has hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH Boro~gh Mayor BY 1 ~.~Q.~~y+~l D~'~~ Esgineering/Facilities ~'~~(/(~ Director CONTRACTOR Brechan Enterprises Incorporated By= ~,~~ Title President BY . ~a._„_~ DOQl~' ~ ~3`~`~~ Borough Clerk ~HIl'RACP uu Page 3 of 3