Contract No. 1991-01I%
/9-q/-0/4
Kodiak IslandBorough
Brad Gilman
Robertson, Monagle, & Eastaugh
1050 Thomas Jefferson St., N.W. Suite 600
Washington, D.C. 20007
Re: Representation of Kodiak
Dear Brad:
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486.5736
January 7, 1991
This agreement letter will serve to confirm that the Kodiak Island Borough and the City
of Kodiak (hereinafter referred to as "Kodiak") have jointly retained you to represent
Kodiak's interests in Washington, D.C. As Kodiak's representative, you will receive a
flat fee of $3000 per month. Any of the parties may terminate this agreement at any
time but we have agreed not to do so unreasonably.
In addition to the fixed fee, the two municipalities will reimburse you for properly
documented incidental costs of up to $100 per month. Beyond that limit, you should
seek further authorization in advance. These costs include photocopying expenses,
telecopying charges, messenger service, long distance telephone expenses, and local
transportation (cab or subway fare).
Lunches and other entertainment expenses are not authorized unless approved in
advance by Kodiak. No travel outside of the D.C. area is authorized unless specifically
requested by Kodiak. When we do request such travel, we will pay for expenses such
as airline fare, lodging, and meals.
You will bill the City once a month for your services and all reimbursable expenses
you have incurred. The Borough and the City will allocate the fee and expenses
accordingly. You will also send a monthly report to Kodiak indicating what you did on
Kodiak's behalf for the period covered by the bill. The report should be reasonably
specific as to information concerning contacts made and time devoted to the respective
projects.
Brad Gilman
January 7, 1991 L
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Please sign on the line in the lower left hand corner and return this letter to me if the
foregoing arrangement is acceptable to you. Assuming this is the case, we look
forward to working with you on this project.
Sincerely,
`�- 0--"�' id�
Jery#he M. Selby, May
Kodiak Island Borough
Attest:
ff
W'Mayor
City of Kodiak
Attest:
N R
WALTER/. H/CKEL, GOVERNOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
YA BOX 196900
REGIONAL DIRECTOR, CENTRAL REGION ANCHORAGE, ALASKA 995196900
pp _ (FAX 243-1512) (907) 266-1440
A -J 0
NOV 2 0 91 November 15, 1991
RE: Rezanof Drive
,K ISLAND E0--11 : Agreement
MAYOR'S 0,7 FI3= Project 58804
Jerome M. Selby, Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Dear Mayor Selby:
This letter is formal notification that the Reverse Transfer of
Responsibility Agreement between the state and the Kodiak Island
Borough for improvements to Rezanof Drive has been cancelled.
The state has covered the cost of the project originally to be
borne by the Kodiak Island Borough with deferred maintenance funds
from Chapter 96 SLA 1991.
Sincerely,
Iva�#6�9
Margar t E. Holl nd
Grant ogram Coordinator
/kkk
cc: Carl Russell, Finance Supervisor
Robert A. Boyd, Director, Maintenance and Operations
KODIAK ISLAND BOROUGH <ce� Cnp �l - /
710 MILL BAY ROAD I CONTRA,.AHANGE ORDER
KODIAK, ALASKA 99615
Contract No.--. Change Order No
Project Name, Number &Location
Amount of Contract & Change Orders
Original Contract
Contractor Previous Changes
This Change
Adjusted Contract
Description of Change
Cost
The time provided for mmp/etion of the contract a
becoM
e an amerwment to the rnatract and ell provisionsaseo J /�
Accepted By:
Contractor's Representative
Recommended:
Facility Coordinator
Approved By:
Contracting Officer Date
I
:oplea: Original to Facility Coordinator
Canary to Contractor
Pink to Project Inspector
REZANOF DRIVE SIDEWA14C
CONTRACT
�9/-01
THIS CONTRACT, made this 11th day of February A.D., 1991, between
the Kodiak Island Borough, acting by and through its Borough Mayor, party
of the first part, and
Brechan Enterprises Inc.
of Kodiak, AK
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
Rezanof Drive Sidewalk, Benny Benson Drive to n. Cuttoff Rd., Project # KIB
-280 in the Kodiak Island Borough, Kodiak, Alaska, for the sum of
One Hundred Fifteen Thousand Six Hundred Twenty -Nine and no/100
Dollars ($ ,J.
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
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, on or before 90 calendar days from issuance
of Notice to Proceed for the sidewalk, curb and gutter, catch basin and
culvert work and on or before 180 days for the A. C. pavement and seeding
work. 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
00532 CONTRACT
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REZANOF DRIVE SIDEWALK
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 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 o
shall befatnthe esaid Contractor'soownlrisk, costtandoexpenserandrder fistbhen
herebyn
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.
00532 CONTRACT
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REZANOF DRIVE SIDEWALK
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.
The bonds given by the Contractor in the sum of $ 115,629.00Payment Bondand $ 15629.00 ,,
ce
nd
the te, to secure the
msa and provisions ofnthisocontract, are heretooper attachedland cmadeth
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 Brechan Enterprisest Inc.
have hereunto set their hands and seals, the day and year first above
written.
KODIAK ISLAND BOROUGH
to
By:
AT -TEST:
By:
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00532 CONTRACT
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