93-36 Red Cross/KIB ADA UpgradeOWNER - GENERAL CONTRACTOR
AGREEMENT
CONTRACT NO. 93-36
THIS AGREEMENT, made this 1p day of August, A.D., 1993, between the Kodiak Island Borough,
acting by and through its Borough Mayor, party of the first part, and Clarion Company 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 Red Cross
and Borough Building ADA Upgrades in the Kodiak Island Borough, Kodiak, Alaska, for the sum of Fifty-
nine thousand seven hundred seventy-seven dollars ($59,777.00).
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 August 20, 1993 for the Red Cross Building
and September 24, 1 '993 for the Borough Building. 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 the Bid Bond in accordance with the terms thereof: said deduc-
tion 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 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.
The bonds given by the Contractor in the sum of 50% Payment Bond, and 50% 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
have hereunto set their hands and seals, the day and year first above written.
KODIAK ISLAND BOROUGH CONTRACTOR: CLARION COMPANY
By w .
rough Mayor
By
Engineering/Facilities Director
Attest:
BY ��lb�
Borough Clerk
532-13 - Agreement
Page 3 of 3
By
Title: President
KODIAK ISLAND BOROUGH
CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No. Change Order No
Project Name, Number & Location
Amount of Contract & Change Orders
Original Contract 5o.777,CJL)
r- rj;�
Previous Changes
Contractor
This Change
Adjusted Contract
i,-*iP'Tf--0J
11%nx 41'I'l R()T)
Description of Change
Cost
RE— L)C,",TE SUPPLY tali: 1IM--ir ' DUC CC' "UDi-'Ll 141311 WLl
Cr ;C0GJ4-' L V'11ZJ(
1,1�.,Dil-'Y EIUL .4,R-L:(�JAL TU R1 JIVu UCl U,1 7 J,` L J S
L o U UM
D.LFFEREWCBBETWEEN B P.L.-u'.46
247.:u
(increased) U
The time provided for completion of the contract is (q by
.p calendar days. This documentshall
become an amendment to the contraf t and _pl/ provisions of the contract will wp4grvto
49// 7
Accepted By: Date
cororactor's Representative
Recommended: Data
Facility Coordinator
Approved By: Date
Contracting Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
KODIAK ISLAND BOROUGH
CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
Change Order No
Project Name, Number & Location
Amount of Contract & Change Orders
K B/RED CROSS BLDG- AD 'i UPGMiDE
Original Contract 59,777.00
4.10-460 KOD11iK, AK
Previous Changes 5021.00
Contractor
This Change 216.00
Ci,;iRILON CUMPi�NY
Adjusted Contract
P.O. BOX 433 KODi sK LSI; 199 15
�
yC1 60p49 5.Uv
Description of Change
Cost
RI QUE-12ED WE INSTALLED OWNER FURNiSNED CARPE ' !N l L'U
i.i3. vii
OF PATCHING E;XI;: TING CiiRPE'11 iN FRC)NT
OF RED CROS;
BATHROO114.
PER BRYCE' S DIRECT:iON WE ROTATED zAND
LOCA'T'ED THE O'vERHEi
N.C.
F:i:CTURE IN ROOT=i 100 IN All ;—TE'!), DIFFERENT
THAN SIHOWN Ott
:211E PLr►N;i .
PER BRYC L' 6 D1REC'' i.iill i WlED :1
lt�a'i'CIi 'id 'THE
I i�vi~ `lui a ci u.l14 2UT)
6;
The time provided for completion of the cgntract,is JonchengedJ
1 by 0 calendar days This document shall
become an amendme to the contract an , , 1 ' all contract will apply thereto
Accepted By:
Date -
ate
Co tractor's Representative
Co
s"4
'
Recommended:
Dat
Facility Coo di ator `
Approved By:
Date r
Contracting Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
40-93-30 r 0 0 ,J,,.
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
CONTRACT CHANGE ORDER
Contract No. 93-36 Change Order No 3
Project Name, Number & Location
KIWEO CROSS BLDGS ADA UPGRADE
Amount of Contract & Change Orders
Original Contrac$ 69,777.00
410—"U KODIAK, AK
Previous Changes $ 718.00
Contractor
CLAMN COMPANX
This Change 1,616.00
Adjusted Contract
$ 62,111.00
P.U. BOX 433 KODIAK AK 99615
Description of Change
Cost
BfiPLACE EXIT HARDWARE
CHANGE HARDWARE IN ROOM #101 TO PRIVACY.
$ 11561.00
35.00
The time provided for completion of the contrast is (unchanged) Ancreased) (decreased) by
become an amendment to the contract qid allprovisions of the contract will apply thereto
calendar days This document sholl
Accepted By: Date
C tractor's Representative
/2
/ ,l
Recommended:Date
Facility o rdina
3 r
{ -�' Date
By:
icontracting Officer
� / 7 -3'Approved
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
C,QRAIC
KODIAK ISLAND BOROUGH
CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No. Change Order No. 4
Project Name, Number & Location
Amount of Contract & Change Orders
Kis/keu Cross Bldgs AUA Upgrade
Original Contract $ b9,777,UU
4W-4oU Kodi aK AK--
Previous Changes 2,334.00
Contractor
This Change 1,344.00
Adjusted Contract
uldr'ion Lumpanv
P 6 Box 433 Kodiak AK 99615
$ 63,4b5•UU
Description of Change
Cost
i11siull toilet partition irl room W
(supplied from partitions demolis+ied
637.UU
by bwner)
insLall urinal in room 1U3, supplied
by owner, replaces sink.
707.U0
move urinal screen
The time provided for completion of the contract is (6#AR#0 Wncremd) Wev") by 1 Ucalendar days This document sholl
become an amendmetO to the contract and oil pro i
ns of the contract will apply thereto
Accepted By:—
Date
Con actor's Representative
_ r� 23
Recommended:.
Date +
Facility o dinat
Approved By:
'7' Z
Date
Contracting Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
KODIAK ISLAND BOROUGH
CONTRACT CHANGE ORDER C 93-3�
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
j- 6 Change Order No
Project Name, Number & Location
Amount of Contract & Change Orders
Original Contract
KTP/ Rc--cl Crci-g z Al rirsa. AT)AjJan�Zai,,-�
•4 i 0-4 jS Q KCurt i —A
Previous Changes
Contractor
This Change
4,375.00
Adjusted Contract
$ 67,830.00
C ari cin
PO Bux 413 Kodiak, AK 99615
,
Description of Change
Cost
Rftove marlite from al 102 West wall,
install G.W.B./
Rubber base
$ 1,350.00
Remove floor vinyl, iIlst:all armstrong
"Corion" w/covere
edges in rocuas 102, 103
3,U25.00
The time provided for completion of the conpact is (qRl l) (increased) ( ed) by 10 calendar days This document -A811
beconie an amendme t to the contract d l rovisions of the c6111130 will appythereto
Accepted By.
i
Date
Con acto epresentative
Recommended
Dat
Facility 104rdinktor
Approved By:— f
Date r.
' Contracting Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
KODIAK ISLAND BOROUGH
CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No. :33-3, Change Order No ''
Project Name, Number & Location
Amount of Contract & Change Orders
Original Contract $ 59,777,00
K..13/R(--(i Cross 131das. ADA Upgrade-
r10-400 Kodiak, -AK
Previous Changes 8,053.00
Contractor
This Change 375.00
cluiion company
Adjusted Contract
Pu j3o.�- 433 Kodiak, AK 99615
$ 60,205.00
Description of Change
Cost
Point, ceiling is Womeas room 102. Owner
Paint toilet partition in room lul.
LfurniLilieL. paint.
$ 375. v0
C.iangescolor of door frames.
Remove/relocate TP Molders.
The time provided for completion of the contract ( change dllAbl
by calendar days. This document shall
become an amendment to the contract and all pro ' nssoo t rTa2!2.t2Et will Wply thereto
Af
Accepted By:
f ,✓f
Date
Contr for epresentative
'
Recommended•ncil
Dat
Fay Cc or(linatc"r-)
} 1,��.":��. P�11,k rr-,—
Approved By:
Date !i- fA 2
Contracting Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
KODIAK ISLAND BOROUGH
CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
� 3-3G Change Order No %
Project Name, Number & Location
Amount of Contract & Change Orders
K-1D/Red Cross Bldgs ADA Upgrade
Original Contract
Previous Changes 11 428-00
'z1 i-Zi6o Kodiak, -AK
Contractor
1p
This Change 276-00
Adjusted Contract
i�1.iG7Y3 CGiiilrei:
Kodiak, �y [�
15
$ G L i 4 8 3. U O
Description of Change
Cost
C:41al-ige duo! haruware on Dow: #1 1 o011 10i
f --;- om privacy
to passage. Extra :iardware to the owner.
$ 67v.0 L;
RE-CEIVED
NOV -1 1993
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
The time provided for completion of the contract is (unchanged) ��r�' AK 0 calendar days. This documenushall
become on amendment to the contract and all p visknrvf the con wt ap
y
Accepted By: ` `'
Date
ontr tor's Reij'resentative
Recommended
Date t%el 9 Z.
f Facility jodinat(pr1
Approved By: _` s _ . 1
Date
rontracZ g Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
Kodiak Island Borough
AGENDA STATEMENT
Meetina of: August 5. 1993
ITEM NO. 12•A•1
Contract No. 93-36
ITEM TITLE: Contract Award - Red Cross/Borough Building ADA Upgrade
SUMMARY STATEMENT
Bids were received and opened on July 27, 1993 for the Americans
with Disabilities Act (ADA) Upgrade to the Red Cross Building and
the Borough Building. Clarion Company, of Kodiak, Alaska,
submitted the only bid.
Recommend award of the contract for the Red Cross/Borough
Building ADA Upgrade to Clarion Company of Kodiak, Alaska, in an
amount not to exceed $59,777.00.
FISCAL NOTES ACCOUNT NO. 410-460-452-150-77-05
[ ] N/A Expenditure Amount
Required $ 59,777.00 Budgeted $ 70,000
APPROVAL FOR AGENDA:
Mayor !
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