1990-05 Associated Professional Enterprises KHS Locker Project<290
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OWNER - GENERAL CONTRACTOR
C O N T R A C T
THIS CONTRACT, made this 12th day of July A.D., 1990, between the Kodiak Island
Borough, acting by and through its Borough Mayor, party of the first part, and
Associated Professional Enterprises, Inc. 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 pay-
ments herein specified and agreed to by the party of the first part, hereby cove-
nants and agrees to furnish and install all the materials and to do and perform
all the work and labor required in the construction of KODIAK HIGH SCHOOL LOCKER
PROJECT 1990 in the Kodiak Island Borough, Kodiak, Alaska, for the sum of Ninety-
six thousand, four hundred, forth -two Dollars ($96,442.00).
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 Auoust 28. 1990 from Notice to Proceed. 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 he 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 Two Hundred Dollars ($200) per day for each and every
calendar day elapsing between the 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 liquidated 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
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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 mate-
rials, 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 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 a 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
00532 - CONTRACT Page 2 of 3
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 1008 Payment Bond, and 1008,
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 behalfof the Kodiak Island
Borough,
andthe
said
(/TlG 'J1ior�.f ,�YIrGPs- -c.,
07 le'C47g,
has hereunto set their hands and seals, the day and year first above written.
KODIAK ISLAND BOROUGH
W/
. -..
Borou
*
By
Facilities Coordinator
By
B rougt1 rk
CONTRACTOR
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