FY2015-09, EXT A-C; Brechan Enterprises for Snow Removal and Sanding, Road Maintenance and Repairs MBSAJuly 7, 2017
Brechan Enterprises
2705 Mill Bay Road
Kodiak, AK 99615
f- y z.o/5 - 9C,
Kodiak Island Borough
Engirreerittg & Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone(907)486-9343 Fax(907)486-9394
jclay@kodiakak.us
Dear Sir,
IM,onA614K0.--
RE; Extension of Road Maintenance and Repairs, Snow Removal and Sanding for Wetaoa.'s Bay
Service Area Contract No. FY2015-9.
With this letter the Kodiak Island Borough wishes to extend your existing contract until
September 30, 2017 or until a new contract is awarded. The same provisions of the original
contract will remain in effect.
Please review the following insurance certificates General liability insurance with the Borough
named as additional insured, Worker's Comp insurance, Automobile insurance to make sure they
are current with the limits outlined in the original agreement. After review of said documents
please provide the Kodiak Island Borough with a copy of the three documents for our records.
You may acknowledge your acceptance of this renewal by signing at the bottom of this
document and returning to our office.
Sincerely, /
4r � JJ 7
Michael Powers Date
Kgliak Island Borough Manager
Graham
:han Enterpirses
`7- lo-
Date
Kodiak Island Borough
r Engineering& Facilities Department
710 Mill Bay Road
Kodiak,Alaska 99615
Phone(907)486-9342 Fax (907)486-9394
btucker @kodiakak.us
� May 11,2016
Brechan Construction,LLC
2705 Mill Bay Road
Kodiak, AK 99615
PYbI Y lY)�'&I
J, RE xtension of Road Maintenance and Repairs,Snow Removal and Sanding for
➢111 � WlYlywl
,w.wl a B
Dear Jim,
With this letter the Kodiak Island Borough wishes to exercise our option for the lhrst year
extension to your existing Road Maintenance and Repairs, Snow Removal and Sanding Contract
until June 30,2017.The same provisions of the original contract will remain in effect.
t
Please review the following insurance certificates: General liability,Worker's Comp,and
Automobile Insurance with the Borough named as "additional insured;"to make sure they are
current with the limits outlined in the original agreement. After review of said documents please
provide the Kodiak Island Borough with a copy of the documents for our records.
J
You may acknowledge your acceptance of this renewal by signing at the bottom of this
document and returning to our office.
Y,
Sincerely,
i eLrbijoees Date
J Manager, Kodiak Island Borough
_ _
James H. Graham
Brechan Construction LLC
' O
•
ov . Ja ie orou Clerk
Kodiak Island 9�
31
i.v
Kodiak Island Borough
Engineering & Facilities Department
710 Mill Bay Road
Kodiak,Alaska 99615
Phone(907)486-9342 Fax (907)486-9394
btucker @kodiakak.us
March 18, 2015
Brechan Construction, LLC
2705 Mill Bay Road
Kodiak, AK 99615
RE: First year Extension of Road Maintenance and Repairs, Snow Removal and Sanding for
Monashka Bay Service Area
Dear Jim.,
With this letter the Kodiak Island Borough wishes to exercise our option for the First year
extension to your existing Road Maintenance and Repairs, Snow Removal and Sanding Contract
until June 30, 2016_ The same provisions of the original contract will remain in effect.
Please review the following insurance certificates: General liability, Worker's Comp,and
Automobile Insurance with the Borough named as"additional insured,"to make sure they are
current with the limits outlined in the original agreement.After review of said documents please
provide the Kodiak Island Borough with a copy of the documents for our records.
You may acknowledge your accept � �ar signing at the bottom of this
document and returning to our off
Sincerely,
Charles Cassidy q '� Date
Manager, Kodiak Island Boroug $K�
I -�, (, 3 - 3
James H. Graham Date
Brechan Construction LLC
ATT ST
(C W- U
V M. Javier, MMC, Borough Clerk
ak Island Borough
.............................
OWNER-GENERAL CONTRACTOR
AGREEMENT FOR ROAD MAHMNANCE AND REPAIRS,SNOW REMOVAL
AND SANDING FOR MONASHKA BAY ROAD SERVICE AREA
IN THE KODIAK ISLAND BOROUGH,KODIAK,ALASKA
Contract No.'7f- o -c-4"
THIS CONTRACT,made is I st day of July,2014,between the Kodiak Island Borough of 71
Mill Bay Road, Kodiak, Alaska 99615-6398 ("Borough"), and Brechan Enterprises of Kodiak,
Alaska,incorporated under fix laws of the State of Alaska,its successors and assigns("Comractor").
This Contract shall consist or the following Contract Documents.-
"Contract Documcrits"shall include:
Request for Bids,including all addenda-,
Appendix A-Bid Schedules-,
Appendix B -Road Work Log and Daily or Report Forms;
Appendix c-map or Road Service Area;
Appendix D-State Rates of Pay.
The Contractor,fbr and in consideration of the payment or payments herein speciried and agreed to
by the panics, hereby covenants and agrees to commence and provide maintenance and repairs,
described as follows-
1. DESCRUTION
A. &2gt 9[A2 Roadway maintenance and repairs,including grading,dust control,ditch
clewing,clearing,culvert installation,snow and is removal,and sanding In MonashkaBay
Road Service Area(MBRSA). Any damage caused by Contractor to culverts or curbs by
ditching,gmiling and/or plowing will be repaired or replaced by Contractor at"no cost"to
the Borough. 7U existing system consists of approximately 2 miles of graveled roWway
and parking areas,as shown on Appendix C,,
B. I9=tW NW!,figMWA ftaryWgil: All work over$5000 will be authorized by Work
Order and inspected by the Service Area Board Chair or his/her designee.All road repairs,
drainage, ditch maintenance and construction projects must be approved by the Borough
Engineering and Facilities Department prior to cornwricing.work.
C- A22MyA 12&AEJ ff2& Snow removal,sanding and routine maintenance will be at the
d1wreflon of the Monashka Service Area Board Chair or histher designee.No reconstruction
or upgrade work over$500D.00 shall commence prior to approval by the Borough Managcr
or his/her designee.
VAEPIF-M Smim Anm%MomAb Bay Smke AnsACcomma D=%Rcad M&4r===CM=FY14-1MVmmW PY14-15 HWAOC
Pap I d7
7. CONTRACT TERM
The term of this contract is July 1,2014 to June 30,2015. The Borough Manager,in his sale
discretion,may offer two(2)additional one(1)year extension lenns. The Borough Manager
may consider Contractor's perforrnance and any recommendations of the MBRS A Monashka
Area Board.If the Borough makes such an offer,the Contractor will have thirty(30)days to
accept or refuse the offer.
B. Any holding over of the Contract beyond any exercised renewal options will be considered a
"month-to-month" extension. All terms and conditions as set rorth in this Contract shall
remain in full force and effect. Each party shall provide the other party with notice of intent
to cancel such"month-to-month"extension at least thirty(30)days prior to the desired date
of cancellation.
C. The Borough Manager may terminate this Contract upon thirty(30)days prior notice if the
Contractor receives three letters from the Borough Manager or designee for documented non-
performance,
is has not been amended or resolved in a timely manner, for multiple
equipment break downs,or for unavailability of equipment or labor needed to complete the
work as described in the Contract. The Borough Manager may rdy on any recommendations
made by the MBRSA Monashka Ama Board.
3. RESPONSE TEME
A. NWUjWgnW, The Contractor shall begin corrective work no later than 8:00 a.m. of the
second day following receipt of directive for correction on non-emergency problems and
within two hours after nod fication for snow removal/sanding and other emergency problerns.
Any equipment warm-up must be completed prior to the start time.
B. RjpAim: The Borough,through the Borough Manager or designee,may request repairs in
accordance with a written Work Order to be dated and signed by both parties.The work order
system may also be implemented upon requested through the Borough Manager or designee
by the MBRSA Board Chair or the Contractor to help settle disputes between the two parties.
C. N9gAU1M[vtW
• If the Contractor does not respond to a non-emergency work order In
a timely manner.the MBRSA Monashka Area Board Chair or his/her designee and/or the
Kodiak Island Borough Engineering and Facilities Director or his/her designee may utilize a
Contractor from one of the other service areas or a KIB facilities!contractor to respond to the
work order. In an emergency,or if there is a reasonable possibility that Contractor may not
be able to timely or adequately perform,the Borough may contract with the second bidder on
ft bidding list for the purposes of a backup contractor. All contractors shall supply contact
numbers for 24 hour service(cell,pager)that will allow the Kodiak Wand Borough and/or
the MBRSA Monashka Area Board Chair to contact the Contractor or his designee anytime
during the contract period.
YW%EM gavkr AwaWm"m Bay Servive AmWomm DmiMaW MWnft==Cw&G0 FY14-1MpveW0%FY14-15 FkdAw
Pqc
3 of 7
4. SPECIAL EQUIPMENT
17he Contractor shall furnish equipment suitable for dug abatement and stem generation to
thaw culverts,and two pieces of snow removal equipment(both with blades and snow gates),
as well as one 8-yard sander for spreading"DI"and one(1)sander with a minimum 2 VA to
5 cubic yard capacity for sanding/salting.Snow gates will be engaged on all driveways within
the servkc area. If snow gates are not engaged or inoperable the Contractor will be
responsible for the immediate cleasuip of these areas at no charge to the Borough. In cases of
heavy snowfall the Contractor would be expected to work together with MBRSA Monashka
Area Board Chair or his/her designee ID open driveways as soon as possible and would be
able to charge for Own extraordinary circumstances with prior approval. Prior to the first
snowfall of the season,the Contractor s install snow markers at all critical culverts and
drainage areas. Them shall be determined byjoint decision of the MERSA Monashka Area
Board and the Contractor.
5. COSTS OF MATERIALS,SUPPLIES,AND EQUIPMENT
A. HRICEI& For all Borough approved materials actually used in the work,the Contractor
shall be reimbursed at rates set forth in the Bid Schedules. Material transportation costs shall
be provided for under the equipment rental rates.
B. KgRhIMMI: Two(2)Graders shall have a minimum of 14-ft.blades.One(1)loader with a
minimum 3-yazd bucket for clearing intersections and heavy accumulated areas.and one(1)
Loader, if used for snow removal,can have a minimum of a 12-ft,blade capable of angle
adjustment or a bucket capacity of 3to4cubicyards. All equipment listed in the equipment
schedule must be in good working condition suitable for the purpose for which the
equipment is to be used. Individual pieces of equipment or tools having a replacement value
of one hundred($100)dollars or less.whether or not consumed by use,shall be considered to
be small tools and no payment wfll be made therefore.
C. Lah9r,,EggM- Included in listed equipment rental rates are straight time including fringe
benefits. ium rates for overtime will be paid for work performed under this contract
above eight(8) hours per day or forty(40)hours per week. This overtime rate will be an
incremental amount to be applied on top of the straight hourly rate included in the
Contractor's original labor and equipment rate in the Bid Schedule.
Rental time will not be allowed while equipment is inoperative for any reason,including due
to breakdowns, while warming up or insWling chains. 711e rental time to be paid for
equipment on the job shall be the time the equipment is in operation on work being
performed.
LEguipment., The Contractor shall have two(2)sanders available with the primary
sander having a minimum eight(8)yard capacity;the secondary sander may have a minimum
of 2 16 to 5 cubic yard capacity.The Contractor shall furnish sanding equ 1pment suitable for
spreading D I,rock chips,sad and/or salt on roadways and parking lots.
Y4EMLO Servka AtedWasufts Day Senim AmWordrw Dacz%Rad Md"W"ce Can=FY 14-15ftmVW FY 14-15 ftW doe
p4p 3 or7
6. LABOR RATES
The Conlractor shall fumish necessary additional labor, not included in equipment rental
rates, at the rate specified in the Bid Schedule for straight time including fringe benefits.
Premium rates for overtime will be paid tbr work performed under this contract above eight
(8)hours per day or forty(40)hours per week. This overtime rate will be an incmmcnW
amount to be applied on top of the straight hourly rate included in the Bid Schedule.
The State of Alaska Department of Labor defines the following types of work for public
construction projects as being subject to payment of the prevailing wage rates per AS
36.05.010 and AS 36.05.030:
01) Hauling new fill or materials to site
02) Hauling used rill or material to an area located away from the mad or group of streets
upon which work was currently being performed.Fill or material will be used on a
road in the new area
03) Hauling discarded fill or material to a dump
04) Grading andlor compacting on a road surface is has new or used rill deposited
from either a supplier,excavated ditches,mads located some distance away from ft
road or group of strects currently being worked on
05) Installation of manholes
06) Installation of new or used culverts
07) Filling potholes
09) Making a new road where.there was no road
09) Digging a new ditch where no ditch existed previously
10) Removing old blacktop;replacing with new material
11) Installing of cross culverts
12) Installing storm drains
The listed work is subject to the provisions of the State of Alaska Department of Labor,
Laborees Mechanics Minimum Rates or Pay. (Sac Appendix D)
7. BILLING DEADLINE
The Contractor shall submit to the Borough at the end of each month Invoices for the
services and materials supplied during that month. Invoices for flat month will not bUX&if
not received by the Borough within thirty(30)calendar days from the end of the month in
is the work was pefformed or materials were supplied.
The Contractor shall prepare and submit a"Daily Work Report and Road Work Log" with
signed time sheets for each employed's day during periods when authorized work is in
program. Copies of all the forms are attached as Appendix B with exception of the time
sheets that will be provided by the Contractor.
YiEPEF-W Savim AmAMmahka Say Savm AxWWaorm D=WAW MaWmmm ConwAa FV14-1Upwm%FY1445 RuLd=
Page 4 or 7
..........................................
1
1Vf/�fV/.
ff�I S. INSURANCE AND INDEMNMCATION
Indemnification:A.E t fullest extent itt 1 t r t ,pay on
behalf f, i i 1 harmless the Borough, its l t ed and appointed officials,
employers and volunteers and others working on behalf of the Borough against any and a l
claims,demands,suits or loss,including all costs connected therewith,and for any damages
which may be asserted,claimed or recovered against or from the Borough, its elected d
appointed officials,employees and volunteers and others working on behalf of the Borough,
by reason of personal injury, including bodily injury or death and/or property damage,
including loss of use thereof,which arises out of or is in any way connected or associated
with this t t.
B. Ttrsu price. The Contractor shall not commence work until the Contractor has obtained all
the insurance required under this Contract and such insurance has been approved by the
a; Owner, nor shall the Contractor allow any subcontractor to commence work on its
subcontract until the insurance required has been so obtained. The Contractor shall maintain
such insurance as will protect it from claims under Workers'Compensation Acts and other
employee benefit acts for damages because of bodily injury,including death,to its employees
and all others for damages to property,any or all of which may arise out of or result from the
Contractor's operations under the Contract whether such operations be by itself or by any
psubcontractor or anyone directly or indirectly employed by either of them.
Without limiting the Contractor's indemnification, it is agreed that the Contractor will
purchase, at its own expense and maintain in t all times during the term of this
Contract, the following lice insurance. it to ' t ' insurance may, at the
option of the Borough Manager, is grounds for default and the Borough Manager may
terminate this Contract. Where specific limits are shown,it is understood that they will be
the ` i mum acceptable limits, if the contractoes policy contains higher limits,the Borough
entitled shall be to t t of such higher limits. is responsible
alldeductibles. As acondifion of award,certificates insurance, it ,must
%! be furnished to the Borough Engineering and Facilities Department.
These certificates must provide thirty(30)days prior notice to the Borough in the event of
cancellation,non-renewal or a material change in the policy. Proof of insurance is required
of the ll i
1...........
Workers' Compensation Inmirance. The Contrzictor shall provide and maintain,
for all employers of the Contractor engaged in work under this Contract,Workers"
Compensation Insurance as required by applicable state law(AS 23.30.045)for all
V employees to be engaged in work at the site of the project under this Contract. This
coverage must include statutory coverage for States to which employees are engaging
in work and is liability i not less than $1.000.000 per person,
f.
1,000,000 per occurrence.
Y° S !«4N Iiu33
°°
�e
����
1 - Comprehensive(Commercial)General Liability Insurance with coverage limits
not less than two million($2,000,000)dollars per occurrence and annual aggregates
where generally applicable and will include premise operations, independent
Contractors, productsicompleted operations, broad form property damage,blanket
contractual and personal injury endorsements.
.............
3. Comprehensive Automobile Liability Insurance covering all owned,hired, and
non-owned vehicles and with coverage limits not less than$1,000,000 per person,
$1,000,000 per occurrence bodily injury,and$1,000,000 property damage.
Additional following 1 be an Additional Insured: Kodiak
bland r , including all e[ t i t ed officials, all employees and
U volunteers, all boards, commissions, and/or authorities and their board members,
employees and volunteers.The Additional Insured shall be named on the Contractor's
coverage for Commercial General and vehicle liability.
l
9. TECHNICAL SPECIFICATIONS
Work under this contract shall be performed in accordance with State of Alaska Standard
Specifications for Highway Construction,dated 20D4 and Title 16.80 of the Kodiak Island
Borough Code,which describes the Borough's Road Standards.
covenants 10. CONTRACTOR'S REPRESENTATIONS AND COVENANTS
A. The Contractor s that all work I be done to the complete satisfaction
� of the Kodiak Island Borough. subject to inspection all times and approval by any
JJ
participating t of the United America,and in accordance
with the laws of the State of Alaska and rules and regulations of such Federal agency.
f
B. The Contractor further covenants to(i)perform alall work and labor i the st and
most workmanlike manner and that all and every said i s and labor s l be in strict
and entire conformity in every respect with the Contract Documents; (ii) abide by and
perform all stipulations,covenants,and agreements specified in the Contract Documents,all
of which are by reference hereby made a part of this Contract.
C. The Contractor hereby agrees t iv e the prices set forth in i is as full
compensation is l materials and Labor which required
and completion of the whole work to be done under this Contract.The contractor must pay
particular attention to section#7 as this will be followed within these guidelines.
D. Contractor is an independent contractor,and is not an employee or agent of the Borough.
1
v, Cordw FY14-15%AVvanM W15 MWAiw
`i or?
oV
I
t
first ENTERED INTO AND EFFEC7171VE the day and year above written.
KO IAK ISLAND BOROUGH [CONTRACTOR]
By
Charles L.
Borough
nrw. Amrs
a er 8 e
/r
Robert K. r -
Engineering/Facilities Director
ArrEST-. -AND
Nova M.Javier,MMC
Borough Clerk
u
JJI'
�f
i
s
Y42FEF45 Savkv AmIMmmsW say Smko AadCarm=DomAgmd MaWemmm Cmpbw FY 14 IMApmam FY 14-IS RtAdAw
Pap 7 or7
l