Contract No. 1992-25 Port Lions School Dormers and Exterior Repainting ProjectOWNER - GENERAL CONTRACTOR
C O N T R A C T
THIS CONTRACT, made this 1,64 day of June A.D., 1992, between the
Kodiak Island Borough, acting by and through its Borough Mayor,
party of the first part, and Little Susitna Construction Co. 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 Port Lions School
Dormers and Exterior Repainting Project, Project RIB - 410 - 437
& 438 in the Kodiak Island Borough, Kodiak, Alaska, for the sum
of Fifty-five thousand six hundred Dollars ($55,600).
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 October 4, 1992. 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 Mayor, to
complete the furnishing and delivery of said materials and the
532SP
Page 1 of 3
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 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
532SP
Page 2 of 3
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, 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 �cJ�
B rough Mayor
By f'
Facilities Coordinator
ATTEST:
ByQchrar
Borough Clerk
532SP
Page 3 of 3
CONTRACTOR
By w�Nf
President
ITEM NO. / .,4.4
Kodiak /s/and Borough
AGENDA STATEMENT
Meeting of: June 4, 1992
(.-Q2-2:s-
ITEM TITLE: Contract Award - Port Lions School
Dormers & Exterior Repainting, KIB-410-437 & 438
SUMMARY STATEMENT
Bids were received and opened May 26, 1992 at 9:00 a.m. for
the construction of the Port Lions School Dormers and
Exterior Repainting Project. Little Susitna Construction,
of Anchorage, Alaska, is the low bidder for the project.
Recommend award of the contract for the construction of the
Port Lions School Dormers and Exterior Repainting Project to
Little Susitna Construction in an amount not to exceed
$55,600.
FISCAL NOTES
I ] N/A Expenditure Account
Required $ 27,800 No 410-437-452-150-024-005
Expenditure Account
Required $ 27,800 No 410-438-452-150-0225-005
APPROVAL FOR AGENDA:
Mayor
RECOMMENDED ACTION:
KODIAK ISLAND BOROUGH
BID TABULATION SHEET
PROJECT: Port Lions Dormers/Exterior Repainting DATE/TIME:May 26, 1992
9:00 a.m.
191
LUMP SUM PRICE
11 Little Susitna Construction 1 $ 55,600 11
11 Clarion Company 1 78,492 11