Contract No. 1991-12C'LPsrc s C"
KODIAK ISLAND BOROUGHI
710 MILL BAY ROAD
KODIAK, ALASKA 99615
CO#V, _,kCT,CHANGE ORDER
Contract No. Change Order No.
Project Name, Number & Location
- - - - - - -- - -
Amount of Contract & Change Orders
Original Contract
�
Previous Changes
Contractor
This Change
Adjusted Contract
-
Description of Change
Cost
The time provided for completion of the contract is (unchanged) 0ncrea5edf(decreased) by . calendar days. This documentshell
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
czpl� (�
KODIAK ISLAND BOROUGH 1 1
1 CONTR*.,-rCHAN)IC(ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
'w- "•- Change Order No
Project Name, Number & Location
Amount of Contract & Change Orders
Original Contract.. -
-
Previous Changes
Contractor
This Change " 7' -`
Adjusted Contract
((
Description of Change
Cost
pi" %r .ui�
The time provided for completion of the contract is (unehenWO) (increased)4d1'by `• - calendar days. This document shall
become an amendment to the contract and all provisions of the contact will apply thereto
Accepted By:
Date
Contractor's Representative
Recommended:, �`� _
Date
Facility Coordinator
Approved By:
Date
Contracting Officer
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
KODIAK ISLAND BOROUGH r
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
! CONTR, _.T CHANGE RDER
- Change Order No
Project Name, Number & Location
....... :. .... .. ._ :. _ .... .. ....`
Amount of Contract & Change Orders
Original Contract .. _. ..
Previous Changes
Contractor
This Change
Adjusted Contract
Description of Change
Cost
The time provided for completion of the contract is (unchanged) Gt+.crr�srdLfdec�?dtpy_. ,.: ; calendardeys„This documentahall
become an amendment to the contract and all provisions of the contract will apply thereto
Accepted By:
Contractor's Representative
Date —
Recommended�% ; % ��r �.���!� �
Facility Coordinator
Date
'
Approved By:
Contracting Officer
Date
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
ATTAWMENT E
CONTRACT
cqr-0Q
THIS CONTRACT, made this loi� day of A.D., 1991, between
the Kodiak Island Borough, acting by and through its Borough Mayor, party
of the first part, and
of
JAY -BRANT GENERAL CONTRACTORS
HOMER. ALASKA
A CORPORATION, incorporated under the laws of the State of ALASKA
its sucessors 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
High School Alteration Project # KIB -442 in the Kodiak Island Borough,
Kodiak, Alaska, for the sum of THREE HUNDRED FIFTY THOUSAND SEVEN HUNDRED
Dollars ($ 350,700 ).
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 times 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
andregulationof 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 said materials and labor shall be in strict and entire
conformity in every respect with the Plans and Specifications; that he will
abide by and perform all stipulations, covenants, and agreements. specified
in said Plans and Specifications, 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, 1991. 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 doing and performance of the said work before the aforesaid date,
the party of the first part shall have the right to recover Two Hundred
Dollars ($200) per day for each and every calendar day elapsing between the
00532 CONTRACT
PAGE 1 OF 3
time stipulated and the actual date of completion in accordance with the
terms thereof; 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 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 competent jurisdiction to have
been fradulent, or capricious, or arbitrary, or so grossly erroneous as
necessarily to imply bad faith.
This Disputes article does not preclude consideration of questions of law
in connection with decisions provided for above. Nothing in this contract,
however, shall be constued 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
00532 CONTRACT
PAGE 2 OF 3
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
this contract, nor any part thereof,
be paid him hereunder.
the said Contractor shall not assign
nor any right to any of the monies to
The bonds given by the Contractor in the sum of $ 350,000 Payment Bond,
and $ 350,700 , 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
JAY -BRANT GENERAL CONTRACTORS
have hereunto set their hands and seals, the day and year first above
written.
KODIAK ISLAND BOROUGH
By
Boro h Mayor
By:
Egi eering/Facilities Director
ATTEST:
By: •.�V -
Bor ugh rk
00532 CONTRACT
PAGE 3 OF 3
CONTRACTOR
JAY-BktANT GENERAL CONTRACTORS
By .J.BRANT
Title: PART E PRESIDENT
BRANT GENERAL CONTRACTING, INC.