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FY2023-10 Construction Contract For The Main Elementary School Drive Thru Lane Patch RePaving And Storm Drain Repairs With Brechan ConstructionContract No. FY2023-6$x FY2023-10 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT MAIN ELEMENTARY DRIVE-THRU LANE REPAVING AND STORM DRAIN REPAIRS 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 Sixty -Nine Thousand Nine Hundred Forty Dollars and Zero Cents ($ 69,940.00) for the Base Bid. The Contractor further covenants and agrees that all materials shall be furnished, 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, 2022. 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 Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY2023-08 Conditions for each calendar day elapsing between the time stipulated for achieving completion of an 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 $69,940.00 Payment Bond, and $69,940.00 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 David Conrad 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) Brechan Proposal for Main Elementary Drive-Thru Drop Off Lane Repaving and Storm Drain Repair dated July 11,2022 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2023-08 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Brechan Construction LLC Company Name Signature of Au-1horized Company Representative Name and Ti Date ISLAND BOROU Signature of Borough Manager David Conrad Typed Name Date Nova M. Javier Borough Clerk Kodiak Island Borough Construction Contract Page 3 of 3 Proposal BRECHAN CONSTRUCTION LLC/ GENERAI. CONTRACTOR 2705 Mill Bay Road • Kodiak, AK 99615 rechan. (907) 486-3215 • Fax: (907) 486-4889 Construction, t.t.c PROPOS{I SLB%IlrrrDTO 1,110\I DAn Kodiak Island Borough July 11, 2022 CO\TAcr Joe Dave Conrad Main Elementary Drive-Thru Lane Re avin co\T%cr rno\c a oa l of ,tl lo\ 907-6542782 128 Powell Avenue - Main Elementary \RI III rl CI JDAI L OI PLANS Fax rp"o%l We hereby submit specifications and estimates for: Base Bid: Brechan Construction will remove existing asphalt in drive-thru lane, repair one inlet, prep, and repave lane with 3 inches of asphalt for the Lump Sum Price of $69,940.00. Inclusions: Labor, Equipment, Materials, Traffic Control, and Traffic Control Plan Exclusions: As-builts, Surveying, Testing, Adjusting Any Additional Utilities Notes: In the event that the City of Kodiak accepts our current proposal to re -pave Powel Avenue, we are able to subtract $5800 from the above pricing for this scope of work, due to decreased mobilization costs. TERMS: NET 30 All mawnal is guaranteed to be as spcnfiLd All work to be completed in a workmanlike manner according to standard practices 1ny alteration or deviation from above Authorized specifications involving extra cost will be L'xeCUted only upon written orders, and will Signature become an extra charge over, and above the estimate All agreements contingent uponrDB'�7i7/ strikes, accidents or dela}s beyond our control Owner to carry fire, tornado and other Note - This proposal may be with wn necessary insurance. Our workers an- fully covered bi Workman's Compensation by us if not accepted within 30 days. Insurance. Acceptance of Propos I prices, specifications and conditions are sati a tt a ignature accepted. You are authorized to do work . Payment eQ . be made as outlined above. ature Date of Acceptance: -, , Contract No. FY2023-08 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT MAIN ELEMENTARY DRIVE-THRU LANE REPAVING AND STORM DRAIN REPAIRS 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 Sixty -Nine Thousand Nine Hundred Forty Dollars and Zero Cents ($ 69,940.00) for the Base Bid. The Contractor further covenants and agrees that all materials shall be furnished, 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, 2022. 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 Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY2023-08 Conditions for each calendar day elapsing between the time stipulated for achieving completion of an 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 $69,940.00 Payment Bond, and $69,940.00 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 David Conrad 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) Brechan Proposal for Main Elementary Drive-Thru Drop Off Lane Repaving and Storm Drain Repair dated July 11,2022 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2023-08 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Brechan Construction LLC Company Name Signature of Au-1horized Company Representative Name and Ti Date ISLAND BOROU Signature of Borough Manager David Conrad Typed Name Date Nova M. Javier Borough Clerk Kodiak Island Borough Construction Contract Page 3 of 3 Proposal BRECHAN CONSTRUCTION LLC/ GENERAI. CONTRACTOR 2705 Mill Bay Road • Kodiak, AK 99615 rechan. (907) 486-3215 • Fax: (907) 486-4889 Construction, t.t.c PROPOS{I SLB%IlrrrDTO 1,110\I DAn Kodiak Island Borough July 11, 2022 CO\TAcr Joe Dave Conrad Main Elementary Drive-Thru Lane Re avin co\T%cr rno\c a oa l of ,tl lo\ 907-6542782 128 Powell Avenue - Main Elementary \RI III rl CI JDAI L OI PLANS Fax rp"o%l We hereby submit specifications and estimates for: Base Bid: Brechan Construction will remove existing asphalt in drive-thru lane, repair one inlet, prep, and repave lane with 3 inches of asphalt for the Lump Sum Price of $69,940.00. Inclusions: Labor, Equipment, Materials, Traffic Control, and Traffic Control Plan Exclusions: As-builts, Surveying, Testing, Adjusting Any Additional Utilities Notes: In the event that the City of Kodiak accepts our current proposal to re -pave Powel Avenue, we are able to subtract $5800 from the above pricing for this scope of work, due to decreased mobilization costs. TERMS: NET 30 All mawnal is guaranteed to be as spcnfiLd All work to be completed in a workmanlike manner according to standard practices 1ny alteration or deviation from above Authorized specifications involving extra cost will be L'xeCUted only upon written orders, and will Signature become an extra charge over, and above the estimate All agreements contingent uponrDB'�7i7/ strikes, accidents or dela}s beyond our control Owner to carry fire, tornado and other Note - This proposal may be with wn necessary insurance. Our workers an- fully covered bi Workman's Compensation by us if not accepted within 30 days. Insurance. Acceptance of Propos I prices, specifications and conditions are sati a tt a ignature accepted. You are authorized to do work . Payment eQ . be made as outlined above. ature Date of Acceptance: -, ,