FY2020-02 Construction Contract For Bayside Fire Department Paving, Project#19010 With Brechan Construction LLCr '�, i.. r"' `'"` 3: - =ti - " j Contract No. FY2020-02
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f AUG I S 2019 KODIAK ISLAND BOROUGH, ALASKA
j CONSTRUCTION CONTRACT
BAYSIDE FIRE DEPARTMENT PAVING #19010
- " — — — PROJECT NAME AND NUMBER
This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough,
acting by and through its Borough Manager, and
Brechan Construction LLC
Company Name
2705 Mill Bay Road, Kodiak, AK 99615
Company Address (Street or PO Box, City, State, Zip)
a/an ❑ Individual ❑Partnership ®Limited Liability Company ❑Sole Proprietorship ❑Corporation
incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is
effective the date of the signature of the Borough Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the
Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the
work and labor required in the construction of the above -referenced project as bid by the Contractor, which
bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this
Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or
materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by
the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract,
unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable
for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are
required by the Contract or on written order furnished by the Borough. Any such work or materials which
may be done or furnished by the Contractor without written order first being given shall be at the
Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim
for compensation for work or materials done or furnished without such written order.
Payment under this Contract shall not exceed Fifty Nine Thousand Eight Hundred Fifty Dollars and Zero
Cents ($ 59.850.001 for the Base Bid.
The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work
and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before:
September 30. 2019. 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, to complete the furnishing and
delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall
have the right to deduct from any money due or which may become due the Contractor, or if no money shall
be due, the Borough shall have the right to recover Liquidated Damages as described in the General
Conditions for each calendar day elapsing between the time stipulated for achieving completion of an
Kodiak Island Borough Construction Contract
Page 1 of 3
Contract No. FY2020-02
individual phase and the actual date of completion of that phase in accordance with the terms hereof, such
deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided,
however, that upon receipt of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay furnishing of materials or the completion of the work, the
Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials
or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for
delays commencing from the date on which the extended period expires.
The bonds given by the Contractor in the sum of $59,850.00 Payment Bond, and $59,850.00 Performance
Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith
and made a part hereof.
The Contractor further covenants and agrees that the entire construction will be done under the
administration of and to the complete satisfaction of the Borough subject to the inspection at all times and
approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough.
For purposes of this Contract, Contracting Officer means Michael Powers or any other person designated by
the Borough Manager.
The Contractor is an independent contractor and not an employee or agent of the Borough.
Contract Documents shall have the meaning ascribed by the General Conditions of the Construction
Contract, and include but are not limited to this Contract, the General Conditions of the Construction
Contract, the Supplementary Conditions, and the following listed documents:
1) Bid Documents dated June 11, 2019
2) Addendum #1 dated June 20, 2019
Kodiak Island Borough Construction Contract
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Contract No. FY2020-02
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions.
CONTRACTOR
Brechan Construction LLC
Company lame
Signature of Authorized Company Representative
kol {(oclellegy, Ower -
Name and Title
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Date
KSigO�nDaItuA
K ISL_ AND OROUGH
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Manager
Michael Powers
Typed Nam? f
Date
Tara Wdlinsky
Borough Clerk
(ATTEST)
Kodiak Island Borough Construction Contract
Page 3 of 3
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