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Contract No. 1992-17 KIB and Brechan Enterprises Inc for Water and Sewer Installation, Maintenance, and Repair Services Service District No. 1 (Island Lake/Mill Bay/Spruce Cape Service Area)AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT, made this /G day of June, 1992, by and between the Kodiak Island Borough, hereinafter called the "Borough," acting herein through its Borough Mayor, and Brechan Enterprises, Inc., a corporation of Kodiak, State of Alaska, hereinafter called the "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the BOROUGH the CONTRACTOR hereby agrees with the BOROUGH to commence and complete the construction described as follows: Water and Sewer Installation, Maintenance, and Repair Services Service District No. 1 (Island Lake/Mill Bay/Spruce Cape Service Areal hereinafter called the "Project," for the amount specified in the attached Bid Schedule; all extra work in connection therewith, under the terms as stated in the General Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, labor, insurance, and other accessories and services necessary to complete the said Project in accordance with the conditions and prices stated in the Proposal, the plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents, all of which are made a part hereof and collectively evidence and constitute the contract. The CONTRACTOR shall indemnify and hold and save the Kodiak Island Borough, its officers, agents and employees harmless from liability of any nature or kind, including costs and expenses, for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or damages sustained by any person or persons or property arising from its performance of this contract in any way whatsoever. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" from the Borough Director of Engineering & Facilities and on a timely call -out basis thereafter for the duration of the contract. The BOROUGH agrees to pay the CONTRACTOR in current funds for the performance of the contract. The terms of this agreement shall be from July 1, 1992 through June 30, 1993. Page 1 of 2 IN WITNESS WHEREOF, the parties of these presents have executed this contract in three (3) counterparts, each of which shall be deemed to be an original, in the year and date first above mentioned. ATTEST:' KODIAK ISLAND BOROUGH By: ` Borough Clerk Borough Ma CONTRACTOR WITNESSETH: (Secretary) (Witness) (Witness) j3.�F�'Hif.Y �7✓Tc,��/e/SSS ANG . By: z J° Title: 7— Address: Note: Secretary of the Borough should attest. If Contractor is a corporation, corporate Secretary should attest. Appendices A and B, attached, are included as part of the contract document. Page 2 of 2 ITEM NO. rte_ Kodiak /s/and Borough AGENDA STATEMENT Meeting of: Mav 21, 1992 ITEM TITLE: Contract Award - Water & Sewer Installation, Maintenance & Repair Services, Service District No. 1 SUMMARY STATEMENT Bids were received and opened April 28, 1992 for the FY93 Water & Sewer Installation, Maintenance and Repair in Service District 1. The lone bidder was Brechan Enterprises, Inc. Since the contract price is based on actual quantity of performed services', there is no contract price. The Service District Board of Supervisors met May 5, 1992, and recommended award of the contract to Brechan Enterprises, Inc. FISCAL NOTES [ I N/A Expenditure Account Required No APPROVAL FOR AGENDA: Mayor RECOMMENDED ACTION: PROPOSAL FORM Place: Kodiak, Alaska Date: April 28, 1992 Project: Water & Sewer Installation, Maintenance, & Repair Services, Service District No. 1 (Island Lake/Mill Bay/Spruce Cape Service Area) Proposal of Brechan Enterprises, Inc. (hereinafter called the PROPOSER), a corporation organized and existing under the laws of the State of Alaska a partnership, or an individual doing business as to the Kodiak Island Borough, Kodiak Alaska (hereinafter called the OWNER). Gentlemen: The Proposer, in compliance with your Invitation for Proposals for the work indicated above, having examined the plans and specifications with the related documents and the site of the proposed work, and being familiar with all the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposed to furnish all labor, materials, and supplies and to construct the project in accordance with the Contract Documents, within the time set forth therein, and for the price stated below. The proposer hereby agrees to commence work under the Contract on or before a date to be specified in the written Notice of award by the Owner, and to complete the project fully within the time stipulated in the Specifications. The Proposer Acknowledges receipt of the following Addenda: }� n/� 4L RL`CEE., lir.Fr{ APR 28 1992 Dlp.i Fid ROGi: 9CNcl;'- Page 1 of 6 The Proposer hereby agrees to furnish the following listed construction labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 1992 through June 30, 1993. Labor and Eouioment to be used for Maintenance Proiects n, Grader 14G Caterpillar Excellent $ 95.00 Grader 600 Champion Excellent 90.00 Grader 740 Champion Excellent 90.00 Dump Trucks 12-14 c.y., various Excellent 72.00 Loader 3} c.y., Terex Good 85.00 Loader 6 c.y. Caterpillar Excellent 115.00 Bulldozer 450C John Deere Excellent 75.00 Bulldozer D-6 Caterpillar Excellent 106.00 Backhoe 426 Cat 4 X 4 Extend Excellent 75.00 Backhoe Drott 50 Good 120.00 Vibratory Compactor Bomag Excellent 100.00 Water Truck 6000 Gallon Good 97.00 Sander Truck 7 c.y. on 12-14 C.Y. Excellent 95.00 Pickup 3/4 Ton Good 45.00 Laborer 35.00ST Laborer 50.000T Other equipment available as requested. 4 791 APR 2a 1992 xoaosau =`�: Paye 2 of 6 Labor and Equipment to be used for Maintenance Projects Type of Labor Description, Age, Condition, and Rental and/or or EauOment Location of Eauioment Labor Rate/Hour (Proposer: Please attach additional pages if necessary). The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus ��E1��v� � percent profit. Apn 28 1992 cntcJFcc apRO!IGH Page 3 of 6 The Proposer hereby agrees to furnish the following listed construction labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 1992 through June 30, 1993. Labor and Eauioment to be used for Installation & Repair Proiects on, and Rental and/or Grader 14G Caterpillar Fxrellent N 9,; nn Grader 600 Champion Fxrrellent 90.00 Grader 740 Chmapion Fxrellent 90.00 Dump Trucks 12-14 c.v., various Fxrelle„t 72.00 Loader 3} c.v., Terex frond 85.00 Loader 6 c.y. Caterpillar Excellent 115.00 Bulldozer 450C John Deere Fxrellent 75.00 Bulldozer D-6 Caterpillar Excellent 106.00 Backhoe 426 Cat 4 X 4 Extend Excellent 75.00 Drott 50 Vibratory Compactor Bomag Excellent 100.00 Water Truck 6000 Gallon Good 97.00 Sander Truck 7 c.v. on 12-14 c.v. Excellent 95.00 3/4 Ton Good 45.00 Laborer er Other equipment available as requested Page 4 of 6 35.00ST 50.000T Labor and Eauioment to be used for Installation & Repair Projects and/or A (Proposer: Please attach additional pages if necessary.) RCt✓;-'WED NPR 28 1992 The Proposer hereby agrees to furnish all materials in accordance with crtG.: rAG. KO[l:�r ;St ANO gpROUGH the project specification at cost plus Io percent profit. Page 5 of 6 The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. (Seal, if proposal is made by a Corporation) *Page 6 of 6 Respectfully submitted: Brechan Ente r Inc. By: M ichael C. Brechan Title: President Date: Avril 28 1992 Business Address: 2705 Mill Bay Road Kodiak AK 99615 Telephone: 486-3215 Alaska Contractor's License Number: AA 441 Expires: 12/31/92 Alaska Business License Number: BL 001858 Expires: 12/31/92 ALASKA DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT ALASKA BUSINESS LICENSE This is to certify that the licensee named below holds an Alaska Business License covering the period January 1 through December 31 of the license year(s), or fraction thereof. BL 001359 SI" lo,; BRECHAN ENTERPRISES. INC. BRECHAN ENTERPRISES. INC. PO BOX 1275 KODIAK AK 99615 LICENSE YEAR(S) 19'41 THPU 19')2 This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State of Alaska or of the United States. This license must be posted in a conspicuous place at the location. COMMISSIONER OF COMMERCE It Is not transferable or assignable. AND ECONOMIC DEVELOPMENT orm 08-070 (Rev. 9188) .. & i 0 6 0 W X� • .y ., _ c - N � m N E z CL Q W 0 2 \ V m c CL m M O m o OLU N \ U 000 W O O c a, O CMC .�A1 IIYII, w N W c Q lth iiil In E m LL a» a'm ti Int -r7 O m i, + I oCOC v m U +/ w 1 "4 2 o d cc W Ol 1'=!i _NEr- �oU ���_ Ery ~ a EN W 02' 0mCO O .� O O Q¢, � 00 0 Ha> o NOC ! I` C V {G O m 2; r! 0 ae n O 0 . Oa ., Z �O m tr m yM AO m R:�rj 1992 ' I qo a90K00!P><�UGN ' 00 6080 m ci Q7 'moi NN O CO " d ; Nti y m ro' m OC �cn O CV �y b 0 U F- N C w E O d� > °i 2 U ^• C 5 Y a w 1 E OC z y' a 2:2 N f- 2 wo O W'FO CL \ L fY ¢ ^" M ro m{ Q.g W C d E 3. N'E o FZ 2 v� 3 U ml zW W yQ^' EQ W` �J 1 Z O D Nj p W N vNi mp Z `m ami E a I.m -o• o `o roi w{yi a J2 " t mv N -O 7 0: L -O i .. i rt J z Q -m ¢, d _Q.: FOC in, ¢ 3, 4 - 6ID1Bl1�116 A Introduced by: Mayor Selby Requested by: Petition Drafted by: Borough Clerk Introduced: 06/20/91 Public Hearing: 07/18/91 Adopted: 07/18/91 KODIAK ISLAND BOROUGH ORDINANCE NO. 91-10 AN ORDINANCE ESTABLISHING SERVICE DISTRICT NO. 2 TO PROVIDE WATER AND SEWER SERVICES WHEREAS, a study completed in March 1991, indicated that the area north of the boundaries of Service District No. 1 should be connected into a public water and sewer facility; and WHEREAS, the property owners of the area circulated a petition which required signatures of 500 of the property owners of the area in order to begin the process of forming of a service district; and WHEREAS, the petition was filed with the Borough Clerk on May 3, 1991, and certified as being sufficient with 98 valid signatures; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH: Section 1. Classification. Section 3 of this ordinance is of a general and permanent nature and shall become a part of the code of the Kodiak Island Borough. The remainder shall not be codified. Section 2. Flest'4n. An election shall be held on October 1, 1991, within the area shown on Exhibit A attached hereto, to place before the registered voters residing within said proposed service area the following question: "Shall the Kodiak Island Borough exercise the powers necessary to provide water and sewer services within the area indicated on the attached map?" The map attached to this ordinance (Exhibit A) shall accompany the ballot. Kodiak Island Borough, Alaska Ordinance No. 91-10 Page 1 of 2 Section 3. Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding Section 4.30.060: a 30-010 Service Area No. 2 A. There is established a service area within the borough designated the "Service Area No. 2" as shown on the corresponding map in the Clerk's Office. B. Service Area No. 2 shall provide water and sewer services within its boundaries. C. The Service Area No. 2 Commission shall consist of five members appointed by the Borough Assembly Section 4. Effective date. Sections 1 and 2 shall become effective at midnight on the day of adoption. Section 3 shall become effective on the first day of the fiscal year following the above-mentioned election, if a majority of those qualified voters casting their ballots vote in favor of the issue. PASSED AND APPROVED THIS 18th DAY OF JULY, 1991. KODIAK ISLAND BOROUGH Bor gh Mayor siding �ffiice ATTEST: �irnn�yl �.f7WlrX�i Borough Clerk Ordinance -10 Kodiak Island Borough, Alaska Page 2 of 2 of 2 2