90-16 Tony's Interiors - KIB Apartments PaintGtr -D I to
KODIAK ISLAND BOROUGH 1
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
'COATRXCY'eAANGE ORDER
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 (unchmped) fincreased) (decreased) by calender days This document shall
become an amendment to the contract and a// provisions of the context will apply thereto
Accepted By--
1 ContraEtor's Representative
Date
n
Recommended: '
Facility Coordinator
Data
Approved By:
Contracting Officer
Date
Copies: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
-O/6
KODIAK ISLAND BOROUG" PAF ANTS PAINT
C O N T R A C T
THIS CONTRACT, made this 13th day of August A.D., 1990,
between the Kodiak Island Borough, acting by and through its Borough Mayor, party
of the first part, and Tony's Interiors, P. 0. Box 1494, 1212 Malutin Lane, #102,
of Kodiak, Alaska 99615
sole [?ro�?riator
(J � 1?PS�Ki�.ai rVWa' VdW&YtWV" 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 for the KODIAK ISLAND BOROUGH APARTMENTS PAINT
PROJECT # KIB - 044 in the Kodiak Island Borough, Kodiak, Alaska, for the sum of
Thirty-two thousand and 00/100----------------------------------------- Dollars
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 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 within ninety (90) calendar days after Receipt of Award and 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
DOCUMENT 00532
CONTRACT
Page 1 of 3
KODIAK ISLAND BOROUGF DAR' 'NTS PAINT
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 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 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 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 fraudulent, 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 construed as making final the decisions of the Kodiak Island Borough
DOCUMENT 00532
CONTRACT
Page 2 of 3
KODIAK ISLAND BOROUGF 'PAR- ?NTS PAINT
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 re-
quired 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.
The bonds given by the Contractor in the sum of $ 32,000.00 , Payment Bond,
and $ , 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
Bor gh Mayor
By
Engineering/Facilities Director
By . l4a
Bo ough Yerk
CONTRACTOR
Tony's Interiors
By
Title Owner
DOCUMENT 00532
CONTRACT
Page 3 of 3
Kodiak Island Borough
MEMO
TO: Mayor
FR: Ray Camardella !eel--�
Engineering/ Facilities Director
RE: Contract Award - KIB Apartments Paint
Project # RIB - 044
Bids were opened at 4:00 p.m. on July 31, 1990 for the Kodiak
Island Borough Apartments Paint Project. A bid tabulation sheet
is attached for review.
Request assembly action to award the Kodiak Island Borough
Apartments Paint Project to Tony's Interiors of Kodiak, Alaska in
the amount of $32,000.00.
KODIAK ISLAW) BOROUGH
KIB Apartments Paint Project KIB - 044
July 31, 1990 4:00 p.m.
FIRM
BASE BID
Lightfoot Associates
$81,868.66
Tony's Interiors
$32,000.00
Custom Painting & Drywall
$68,750.00
Bear Claw Builders
$ NON-RESPONSIVE
---No Bid S
edule
A/E Estimate
$42,000.00