1998-27 Claim Settlement re Peterson ElementaryKODIAK ISLAND BOROUGH
RESOLUTION NO. 98 -27
Introduced by: Mayor Selby
Requested by: Mayor Selby
Drafted by: Borough Attorney
Introduced: 09/03/98
Adopted: 09/03/98
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AUTHORIZING A CLAIM SETTLEMENT OF ALL DISPUTES
BETWEEN THE KODIAK ISLAND BOROUGH AND GDM, INC. RELATING
TO THE PETERSON ELEMENTARY SCHOOL REHABILITATION PROJECT
WHEREAS, the Kodiak Island Borough, as owner of Peterson Elementary School, and
GDM, Inc., an architectural firm, entered into a contract for services related to the
Peterson Elementary School rehabilitation; and
WHEREAS, the Kodiak Island Borough and MKB Constructors, J.V., a contractor,
entered into a contract for renovation of Peterson Elementary School; and
WHEREAS, certain disputes developed culminating in claims being filed by MKB
Constructors, J.V. against the Kodiak Island Borough and by the Kodiak Island Borough
against GDM, Inc.; and
WHEREAS, the Kodiak Island Borough Assembly, through its Hearing Examiner, held
a hearing at which both the Kodiak Island Borough and MKB Constructors, J.V.
submitted evidence and following on which the Kodiak Island Borough Assembly
adopted Findings of Fact and Conclusions of Law resolving the disputes between the
Kodiak Island Borough and MKB Constructors, J.V.; and
WHEREAS, certain disputes between the Kodiak Island Borough and GDM, Inc.
remained unresolved; and
WHEREAS, the Kodiak Island Borough and GDM, Inc. have reached agreement
regarding the resolution of such disputes;
NOW, THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT the Kodiak Island Borough Assembly authorizes settlement of all
disputes between the Kodiak Island Borough and GDM, Inc. relating to the Peterson
Elementary School REHABILITATION Project, PHS /OES Grant #AK- 90 -08A40 in
exchange for payment to the Kodiak Island Borough by or on behalf of GDM, Inc. in
the amount of one hundred sixty -seven thousand dollars ($167,000) upon the terms
and conditions set forth in the accompanying release.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF SEPTEMBER, 1998
Kodiak Island Borough, Alaska Resolution No. 98 -27
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ATTEST:
onna F. Smith, CMC /AAE, Borough Clerk
KODIAK ISLAND BOROUGH
Je
Ste -ns, !ding Officer
Kodiak Island Borough, Alaska Resolution No. 98 -27
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