FY2023-08 CAT Certified Rebuild Of The 2006 CAT D7 BulldozerOWNER - GENERAL CONTRACTOR
AGREEMENT
Contract No. FY2023-08
THIS AGREEMENT, made this 6th day of September, between the Kodiak Island Borough,
acting by and through its Borough Manager, party of the first part, and NC Machinery, 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
perform all the work and labor required for the CAT Certified Rebuild of the 2006 CAT D7 for the
sum of $675,000.00.
The Contractor further covenants and agrees that the entire rebuild of the 2006 CAT D7 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 regulations
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 Manager 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 Manager or his representatives, at the cost and expense
of the Contractor.
To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify
and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and
volunteers and others working on behalf of the Kodiak Island Borough against any and all 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 Kodiak Island Borough, its elected and appointed
officials, employees, volunteers or others working on behalf of the Kodiak Island 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 contract.
Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at
his own expense and maintain in force at all times during the performance of services under this
Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the
Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract.
Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If
General Contractor Agreement
Contract FY2023-08
NC Machinery — Dozer Rebuild
Page 1 of 3
the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent
of such higher limits. As a condition of award, certificates of insurance must be furnished to the
Contracting Officer.
These certificates must provide thirty (30) clay 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
following:
A. Workers' Compensation Insurance
The Contractor shall provide and maintain, for all employees of the Contractor engaged in
work under this Contract, Workers' Compensation Insurance as required by A. S. 23.30.045.
The Contractor will be responsible for Workers' Compensation Insurance for any
subcontractor who provides services under this Contract. This coverage must include
statutory coverage for States in which employees are engaging in work and employer's
liability protection not less than $100,000.00 per person, $100,000.00 per occurrence.
B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less
than $300,000.00 combined single limit per occurrence and annual aggregates where
generally applicable and will include premise operations, independent contractors,
products/completed operations, broad form property damage, blanket contractual and
personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional
Insured" under all liability coverage listed above.
The Contract entered into by the acceptance of the Contractor's bid and the signing of this
Agreement consists of the following documents all of which are component parts of said Contract
and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached.
NC Machinery Quote for CAT Certified Rebuild
In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or
inconsistency shall be resolved upon the basis of the numerical order. The document or documents
assigned the small number or numbers being controlling over any documents having a larger number
in the numerical order set forth above.
The Contractor further covenants and agrees that the 2006 D7 CAT Certified Rebuild be completed
and all and every of the said labor shall be done and performed, in every respect, to the satisfaction
of the herein aforementioned Borough Manager, on or before date March 2023. If there are delays
due to parts not being available a later date can be agreed upon by both parties.
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 Manager.
Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough
within thirty [30] days of completion/delivery, acceptance by the Kodiak Island Borough and
invoicing by Contractor/Manufacturer.
General Contractor Agreement
Contract FY2023-08
NC Machinery — Dozer Rebuild
Page 2 of 3
IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has
executed this contract on behalf of the Kodiak Island Borough, and NC Machinery have hereunto set
their hands and seals, the day and year first above written.
The terms of this agreement shall be from September 6t', 2022, to completion and return of the
rebuilt dozer.
KODIAK ISLAND BOROUGH
By
David Conrad
Borough Manager
By
Jena "R&5,Ager,e�'!
Solid Waste Manager
Attest: lmt
BY 4�"
Nova M. Javier, CM
Borough Clerk
General Contractor Agreement
Contract FY2023-08
NC Machinery — Dozer Rebuild
Page 3 of 3
CONTRACTOR: NC MACHINERY
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Vol. FY2023, No. 2
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July 22, 2022
At Its Regular Meeting Of July 21, 2022, The Kodiak Island Borough Assembly Took The Following
Action. The Next Regular Meeting Of The Borough Assembly Is Scheduled On August 4, 2022, At 6:30
P.M. In The Borough Assembly Chambers.
APPROVED Contract No. FY2013-34E Amending Contract No. FY2013-34D With The Suggested Rate
Increases Based On The Cost -Of -Living Index For Service Area No. 1.
AMENDED, ADOPTED Resolution No. FY2023-08 Approving The Distribution Of Funds To Local Post -
Secondary Education Institutions In Support Of Local Student Tuition.
AUTHORIZED The Manager To Fund The Interpretive Specialist/Secretary Position At The Kodiak
Fisheries Research Center For A Period Of Six (6) Months Starting August 1, 2022, In An Amount Not
To Exceed $8,000.
AUTHORMD The Manager To Award .Contract No. FY2023-08. To NC Machinery In The Amount Of
$1575.,00.0 For The CAT Certified Rebuild Of The 2006 CAT D7 Bulldozer.,
APPOINTED Mr. Dave Conrad As Interim Kodiak Island Borough Manager Retroactive To June 22,
2022, With Compensation At $140,000 Per Year.
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