2009-07-30 Special MeetingKodiak Island Borough
Assembly Special Meeting Agenda
Thursday, July 30, 2009, 7:30 p.m.
Borough Conference Room
1. ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Contract No. FY2010 -11 Woodland Acres Paving.
4. ADJOURNMENT
This meeting was called by Mayor Selby.
FISCAL NOTES:
Account No.: 430 -701 452 -150 06006 5
Amount Budgeted: 2,500,000
Expenditure Required: 2,082,925.00
APPROVAL FOR AGENDA:
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
JULY 30, 2009 SPECIAL MEETING
TITLE:
Contract No. FY2010 -11 Woodland Acres Paving.
SUMMARY:
Kodiak Island Borough Code 3.16.020 "Limitation on Manager's Authority" states that a contract
exceeding $25,000 requires Assembly approval. This contract is for the Woodland Acres Paving
project as shown on construction documents prepared by R & M Consultants, Inc. the
construction documents, bid documents and associated addenda are available for review upon
request.
The Project will be funded through a State Capital Improvement Grant for road service area
rehabilitation and paving.Bids were received in response to KIB's Invitation to Bid dated July 8,
2009. Brechan Enterprises, Inc. was the only bidder for the project. The Bid tabulation is
attached.
ITEM NO: 3.A
RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No.
FY2010 -11 for Woodland Acres Paving to Brechan Enterprises, Inc. in an amount not to
exceed $2,082,925.00.
OWNER - GENERAL CONTRACTOR
AGREEMENT
Contract No. 2010 -11
THIS AGREEMENT, made this day of , A.D., 2009 , between
the Kodiak Island Borough, acting by and through its Borough
Manager, party of the first part, and Brechan Enterprises, Inc.
of Kodiak, Alaska, a Corporation, incorporated under the laws 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 payments herein specified and agreed to by the party of
the first part, hereby covenants and agrees to furnish and install
the materials and to do and perform all the work and labor required
in the construction of Woodland Acres Paving Project in the Kodiak
Island Borough, Kodiak, Alaska, for the sum of Two Million Eighty
Two Thousand Nine Hundred Twenty Five ($2,082,925.00) 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 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 /Manufacturer
agrees to defend, pay on behalf of, indemnify and hold harmless the
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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 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) day 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.
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C. Comprehensive Automobile Liability Insurance covering all
owned, hired and non -owned vehicles and with coverage limits
not less than $100,000.00 per person, $300,000.00 per
occurrence bodily injury, and $50,000.00 property damage.
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.
1. The Agreement
2. Change Orders
3. Addenda
4. Supplementary Conditions
5. Specifications
6. Contract Drawings
7. General Conditions
8. Standard Specifications Incorporated by reference
9. Information for Bidders
10. Advertisement for Bids
11. Bid Form
12. Performance and Payment Bond
13. Notice of Intent to Award
14. Notice to Proceed
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. Provided however, although the supplemental
condition incorporates standard specifications by reference, in
case of conflict or inconsistency, the standard specifications have
a numerical order as shown above.
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 Manager, on or
before October 30, 2009. It is expressly understood and agreed that
in case of the failure on the part the Contractor for any reason,
except with the written consent of the Borough Manager, 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 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
One Hundred Dollars ($ 250) 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
liquidated damages. Provided, however, that upon receipt of written
notice from the Contractor of the existing causes over which said
Contractor has no control and which must delay the completion of
said work, the Borough Manager may at his discretion, extend the
period herein before specified for the completion of the said work,
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and in such case the Contractor shall become liable for said
liquidated damages for delays commencing from the date on which
said extended period shall expire.
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.
It is further distinctly agreed that the said Contractor shall not
assign this contract, or any part thereof or any right to any of
the monies to be paid him hereunder, nor shall any part of the work
be done or materials furnished under this contract.
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.
The bonds given by the Contractor in the sum of 50% Payment Bond,
and 50% Performance Bond, to secure the proper compliance with the
terms and provisions of this contract, and the plans and
specifications, are hereto attached and made part thereof.
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 the said Brechan Enterprises, Inc. have
hereunto set their hands and seals, the day and year first above
written.
The terms of this agreement shall be from to
2009.
KODIAK ISLAND BOROUGH CONTRACTOR
By By
Rick L. Gifford
Borough Manager Title:
By
Woody Koning
Engineering /Facilities Director
Attest:
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By
Nova M. Javier, CMC
Borough Clerk
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Brechan Enterprises
$ 2,082,925
BASE BID
Total
No.
GENERAL
CONTRACTOR
(Base + Alt's)
Brechan Enterprises
$ 2,082,925
$ 2,082,925
% Of Est
103%
Woodland Acres Paving
Bid Tabulation
Bid Opening:
7/21/09 3:00 PM
1 Estimate
1$ 2,018,010 $ 2,018,010 )
PROJECT: Woodland Acres Paving
Construction Cost is based upon Brechan Bid
PROJECT OVERHEAD AND OTHER COSTS
Construction Management (by Consultant)' 52,208
Construction Management (In- house)' 20,829
Land Purchase Costs 0
Site Investigation 15,000
Design Costs 14,083
Indirect/Administration 20,829
Equipment Costs 4 0
Technology (Estimate) 4 0
Art 2 ' 5 0
Project Contingency 104,146
PROJECT TOTAL COST $ 2,310,021
7/23/2009
$ 2,082,925
1. ROLL CALL
Kodiak Island Borough
Assembly Special Meeting Guidelines
Thursday, July 30, 2009, 7:30 p.m.
Borough Conference Room
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Assembly members Branson, Fulp, and
Jeffrey who are out on personal leave.
VOICE VOTE ON MOTION.
2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
A. Agenda items not scheduled for public hearing and general comments.
ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD.
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. CONTRACTS
1. Contract No. FY2010 -11 Woodland Acres Paving.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2010 -11 with Brechan Enterprises Inc. for Woodland Acres Paving in
an amount not to exceed $2,082,925.
Staff Report — Manager Gifford.
Assembly discussion - Amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
4. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
July 30, 2009 Page 1
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