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93-46 General Contractor Agreement Between Kodiak Island Borough And Restec Contractors, Inc.00N7)9ACT Nv. 93 -v L OWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this /9'­�4day of August, A.D., 1993, between the Kodiak Island Borough, acting by and through its Borough Mayor, party of the first part, and Restec Contractors, Inc. of Redmond, Washington. 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 the materials and to do and perform all the work and labor required in the construction of Peterson Elementary School Rehabilitation Phase - I Asbestos Abatement KIB-410-458A, in the Kodiak Island Borough, Kodiak, Alaska, for the sum of One hundred sixty-seven thousand six hundred seventy-four dollars ($ 167,674.00). 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 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 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 said Contract documents, 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 43 days from Notice to Proceed. It is expressly understood and agreed that in case of the failure on the part 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 recover Eight Hundred Dollars ($800) 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 liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing 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. 532-13 - Agreement Page 1 of 3 It is distinctly understood and agreed that no claim for additional work or materials, not specifically herein provided, 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 shalE4he Cont ate- o 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. 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. The 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 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. The bonds given by the Contractor in the sum of 100 % Payment Bond, and 100 % Performance Bond, to secure the proper compliance with the terms and provisions of this contract, and the plans and specifications, are hereto attached and made part thereof. 532-13 - Agreement Page 2 of 3 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 Restec Contractors, Inc. have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH By By RESTEC CONTRACTORS, INC. By / Title: President Attest: Bya,11-g$ 44"'tz \v Borough Clerk 532-13 - Agreement Page 3 of 3 ITEM NO. 1z.A.3 Kodiak Island Borough AGENDA STATEMENT Meeting of: August 19, 1993 contract NO. ys-4b ITEM TITLE: Contract Award - Peterson Elementary School Asbestos Abatement Project SUMMARY STATEMENT: Bids were received and opened at 3:30 p.m., August 10, 1993 for the abatement of asbestos in the Peterson Elementary School. There were four qualified firms attending the pre-bid conference and walk-through of the building. RESTEC Contractors, Inc., of Redmond, Washington, was the apparent low bidder with a bid of $167,674.00. Recommend the contract be awarded to RESTEC Contractors, Inc., in an amount not to exceed $ 167,674.00. FISCAL NOTES ACCOUNT NO. 410-458-452-150-070-005 [ ] N/A Expenditure Amount Required $ 167,674.00 Budgeted $ 175,000.00 APPROVAL FOR AGENDA: PETERSON ELEMENTARY SCHOOL ASBESTOS ABATEMENT August 10, 1993 FIRM LUMP SUM BID Central Environmental, Inc. Anchora e, AK $ 195,789 RESTEC Contractors, Inc. Redmond, WA $ 167,674 ALCAN Environmental, Inc. Anchorage, AK $ 167,774