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93-64 Island Environmental Services - UST RemovalKODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 9 3—: Change Order No. _ Project Name, Number & Location Amount of Contract & Change Orders Ki:; ,ica'. 131u1tis iU_.utiiJ ULT li(_rao-v<il 4lU-47J Original Contract 3 9 , L 32 7�:- '-till 13aj It:., 's:uuian, ,i: 99•i5 Previous Changes 11 Contractor _ l ;t: : It _u..sanial e vices This Change, 9 i . 7 ' x�C,iak, :,:; 9 6i Adjusted Contract Description of Change Cost IZ ilea Iiay i..v .. ill t js JC1 V1Cl? LLiUCi1 & ElXjiEll;ucp:i (SCE LiLt&hCtE:t :�AVO::CE:') ':,12`5,.;7 Fru & UVE'.l': Ci! 7 . L The time provided for completion of the contract is (unchanged) (increased) (decreased) by calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto 1 yam' Accepted By: � � ,r!,n .: 1 .`� r,( .tic_ Date Contractor's Representative Recommended:_ '' Date' T Fa ilitj Coordinator Approved By: _ . Date -- _Contracting Officer I Copies: Original to Facility Coordinator Printed In Kadiak, Alaska by C 4A PanEng Inc Canary to Contractor Pink to Project Inspector C'No. 93-6Y OWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this 30th day of November, A.D., 1993, between the Kodiak Island Borough, acting by and through its Borough Mayor, party of the first part, and Island Environmental Service, Inc. of Kodiak, Alaska. 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 Phase Il, Borough Building UST Removal Project in the Kodiak Island Borough, Kodiak, Alaska, for the sum of thirty-nine thousand, eight hundred thirty-two dollars (539,832.00) as outlined in the attached Scope of Work. 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 10 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 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 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 532-13 - Agreement Page 1 of 3 period shall expire. 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 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. 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. 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 have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR By orough Mayor By 4&zQ 9 H JZ-f-�3 /Engineenn / acili Director Attest:: By stq Borough Clerk 532-13 - Agreement Page 3 of 3 .� i � Title: PresideLt M ITEM NO. 12 D. n Kodiak Island Borough AGENDA STATEMENT GULIIIIJ U1. IVUVU111UU1 10, I'.70 I.UJLCLAUL 110. 73-04 ITEM TITLE: Phase II: Borough Building UST Removal Project SUMMARY STATEMENT: Removal of a 5,000 gallon UST behind the Data Processing Department at the Borough Building has been subtantially completed. Additional work required by the Alaska Department of Environmental Conservation includes a site assessment and the formulation of a corrective action plan (Phase II) and ultimately, implementation of the plan (Phase III). Immediate response and action is required by ADEC. Based on the attached Phase II Scope of Work and the emergency nature of the project, recommend that Island Environmental Services assess the extent of contamination and develop a corrective action plan as presented in the attached Scope of Work in the amount of $39,832. FISCAL NOTES ACCOUNT NO. 220-232-450-430 N/A Expenditure $39,832 Amount Required Budgeted APPROVAL FOR AGENDA: Island Environmental Services P.O. Box 3227 Kodiak, Alaska 99615 (907)486-8351 November 16, 1993 Jerome Selby Borough Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: Preliminary site assessment and corrective action plan cost. Dear Jerome: The following is a scope of work and an estimated cost for continuing with Phase II work associated with the under ground storage tank, which we have found to be leaking during a tank closure at your facility on November 8, 1993. SCOPE OF WORK • Drill, sample, and install up to 12 ground water monitoring wells. We anticipate total depth of wells will be approximately 4 feet. We anticipate 6 to 8 wells will be required to define the contamination plume. However, more wells may be required. Thus the cost was based on 12 wells. • Drill and sample one soil boring to a depth of approximately 12 feet below grade. 'The boring will be advanced in such a manner as to keep water from the shallow saturated zone at 2 to 3 feet below grade from flowing into the soil boring. • Submit up to 15 soil samples and 12 water samples for quantitative analyses. Soil samples will be analyzed for DRPH and BTEX Ground water samples will be analyzed for TPH and BTEX. • Survey in relative elevation of all monitoring wells. • Measure ground water elevation in monitoring wells. • Prepare preliminary site assessment report and provide recommendations for remedial action at the site. PHASE II COST ESTIMATE A) Preliminary Site Assessment & Corrective Action Plan $39,832.00 Sincerely, Richard Walker Manager