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Contract No. 1992-21 Ouzinkie school Painting Project, Project,ODIAK ISLAND 00ROUCII 10 MILL BAY ROAD :ODIAK, ALASKA 99619 UC, -1 CONTRACT CHANGE ORDER Contract No. C 9L—U21 Change Order No--- I _ OUSINKIL SCHOOL PA rNa" Nt; _ K ,.Ij. d 1 fl—d_n,A � QUSINRIS_ AR_ ,_. )ntractor .PaINT MASTERS_ 2971_.t:(1bU1 ji) 1.Ett+w 0e,eflption of Change PRO'VID2 "MLAgTOHRRIC" CAULK AND LABOR TU INSTALL The tool protadee Pot o mpladon of the cantper is bwronia in amendment to @0 tentrart ane 01preif xepted try: onirattar's tieprnan al_lve_Il ,commanded:Facility Ccor �In forRS sprovfld By:-- w! y:.., u: Original to Facility Coordinator Canary to Contractor Z0d Wd ZS:TO Z66T'ST'daS Amount of Contract 6 Change Oulors OriginnlContract $7.44.93.00 Previous Changes ThlsChange Adjusted Contract $24,833.00 Cost $ 400.00 the/! oet1 �1-.1 -.�_a- Oats .... �.L_..ucl..."l'-�_... n1dznS : woaj 9QPh /k 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 4- _.. .ai•..< -' - _ - :: Previous Changes - Contractor This Change Adjusted Contract Description of Change Cost The time provided for completion of the contract is (unchanged) Thisdocumentshell become an amendment to the contract and all provisions of the contract will apply thereto Accepted By: Date '- - Contractor's Representative Recommended: Data , Facility Coordinator Approved By: Date Contracting Officer Copies: Original to Facility Coordinator Canary to Contractor Pink to Project Inspector OWNER - GENERAL CONTRACTOR CONTRACT C9'), -DSI THIS CONTRACT, made this ?O aLday of June A.D., 1992, between the Kodiak Island Borough, acting by and through its Borough Mayor, party of the first part, and Paint Masters of Anchorage, 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 all the materials and to do and perform all the work and labor required in the construction of the Ouzinkie school Painting Project, Project RIB - 410 - 450 in the Kodiak Island Borough, Kodiak, Alaska, for the sum of Twenty-four thousand four hundred thirty-three Dollars ($ 24,433). 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_Maor, on or before September 4, 1992. It is expressly undetl agreed that in case of the failure on the part o a, a ntr r for any reason, except with the written consent the ug Mayor, to complete the furnishing and delivery Sim brria and the doing and performance of the said work fore IMe1992 ' `• KODDIIPG IK SLLAAND BOROUGH 532SP Page 1 of 3 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 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 said deduction to be made, or said sum to be recovered not as penalty, but as damages. Provided, however that upon receipt of written notice from the Contractor of the existence of 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. It is distinctly understood and agreed that no claim for additional work or materials, not specifically herein provided, done 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 532SP Page 2 of 3 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, are hereto attached and made part thereof. 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 has hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH By B ough Mayor By '& Facilities Coordinator ATTEST: ByQ ovmt t• x Borcwagh Clerk 532SP Page 3 of 3 CONTRACTOR Byl President ITEM NO. Kodiak /s/and Borough AGENDA STATEMENT Meeting of: June 4, 1992 12 C." 7.7 -ter ITEM TITLE: Contract Award - ouzinkie School Painting, KIB-410-450 SUMMARY STATEMENT Bids were received and opened May 26, 1992 at 9:00 a.m. for the painting of Quzinkie School. Paint Masters, of Anchorage, Alaska, is the low bidder for the project. Recommend award of the contract for the Ouzinkie School Painting Project to Paint Masters in an amount not to exceed $24,433. FISCAL NOTES [ ] N/A Expenditure Account Required $ 24,433 No 410-4450-452-150-037-005 APPROVAL FOR AGENDA: Mayor yti RECOMMENDED ACTION: KODIAK ISLAND BOROUGH BID TABULATION SHEET PROJECT: Ouzinkie School Painting DATE/TIME: May 26, 19921 9:00 a.m. FIRM LUMP SUM PRICE Paint Masters $ 24,433 Little Susitna Construction 32,200