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FY2020-30 Anton Larsen Bay Dock Concrete Pad Extension Construction Contract #12010KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT FY2020-30 ANTON LARSEN BAY DOCK CONCRETE PAD EXTENSION # 12010 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 B & R Fish By Products, Inc. Company Name 819 Lower Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture ❑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 famished 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 Twenty -Seven Thousand dollars, ($27,000.00). 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: July 31, 2020. 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 Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial 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. ANTON LARSEN BAY DOCK CONSTRUCTION CONTRACT CONCRETE PAD EXTENSION 00510-1 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT FY2020-30 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 $ 27,000.00 Payment Bond, and $ 27,000.00 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. Project Manual dated February 19, 2020 2. Drawings dated October 9, 2019 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative gt;ellny Z, Typed Name and Title W Date ANTON LARSEN BAY DOCK CONCRETE PAD EXTENSION CONSTRUCTION CONTRACT 00510-2 WI -1]1" KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT ND BOROUGH Pl/� Signature of Bbrough Manager •PNS BQQ Michael Powers Typed Name y Date �A{z (ATTEST) ANTON LARSEN BAY DOCK CONCRETE PAD EXTENSION FY2020-30 CONSTRUCTION CONTRACT 00510-3 CERTIFICATE OF SUBSTANTIAL COMPLETION Project Name Anton Larson Bay Dock Concrete Pad Extension Owner Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Contract No. 2020-30 Contractor B & R Fish By Products, Inc. 819 Lower Mill Bay Road Kodiak. AK 99615 Begin Construction Date Substantial Completion Date May 26.20'_'0 June 5, 2020 This Certificate of Substantial Completion applies to all Work under the Contract dated April 20, 2020 and any Change Orders or other documents subsequently executed in relation to the Contract. The Work to which this Certificate applies has been inspected by authorized representatives of Owner and Contractor, and that Work is hereby declared to be Substantially Complete in accordance with the Contract Documents. Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The above date of Substantial Completion of the Work is die date of commencement of applicable warranties required by the Contract Documents. A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive. and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance %vith the Contract Documents. The items on the tentative list shall be completed or corrected by Contractor within 30 days of the above date of Substantial Completion. This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance \\ ith the Contract Documents. 13 & R Fish By Products. Inc Contractor Kodiak Island Borough Owner /13� Ine V9 - Ii Date i 41A 4N