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FY2008-03 Monashka Bay Road Service Area Road Maintenance and Repair, Snow Removal and Sanding Item No. 13.A.3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 5, 2007 Contract No. FY2008-03 Monashka Bay Road Service Area Road Maintenance and Repair, Snow Removal and Sanding The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Monashka Bay Road Service Area. One bid was received from TC/MK Enterprises. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid was provided to the Monashka Bay Road Service Area Board for review and the Board voted to recommend award ("acceptance") of the bid proposal from T.C/M.K. Enterprises, for the time period of July 1, 2007 to June 30, 2009, based on the Bid Schedule provided in the bid. The contract will name M.K. Enterprises, LLC as the contractor of this work, and all invoicing, etc. will be provided through this contractor. Fiscal Notes: o n/a o n/a Account No. 244.226.446.110/120/125 Amount Bud eted: o n/a Ex enditure Re uired: $ IAPPROV AL FOR AGENDA: I ~4Y Recommended motion: Move to authorize the manager to execute Contract No. FY2008-03 with M.K. Enterprises, LLC of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2007 to June 30, 2009. OWNER - GENERAL CONTRACTOR CcAo6"j -0 ~ Contract No. 2008-03 THIS AGREEMENT, made this i~ day of M~L, A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and M.K. Enterprises, LLC. of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. AGREEMENT 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 commence and provide maintenance and repairs, for the period of Jut,." 7!lJ7 to JUD(:. 30,~()O9( described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project 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. 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. 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 M.K. Enterprises, LLC. has hereunto set its hand and seal, the day and year first above written. \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007 -09\Agreement 2007.doc Page 1 of 4 KODIAK ISLAND BOROUGH By M.K. ENTERPRISES, LLC. By ~C2s:; Title: ~1~ BY~~ Engineering/Facilities DIrector Attest: By \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Agreement 2007.doc Page 2 of 4 Insurance Specifications The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his 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 Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. 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 ofthe 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 \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Agreement 2007.doc Page 3 of 4 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. 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. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and 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. Indemnification: To the fullest extent permitted by law MK Enterprises, LLC. agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Dove\Departments\EF\Service Oistricts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Agreement 2007.doc Page 4 of 4 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Type of Labor or Equipment Description, Age, & Condition of Equipment Rental and/or Labor Rate/Hour Presently Owned Or Rented ( circle one) 155< HP GRADER CA't- It.fOG /qfjq G(XXJ, +/ssco (q)1 R O/R 156> HP GRADER (IJVt7Vf/O,.j 1x() uJ/,ho<::;s phtJ /qq/ o{Xjd I $/ frS.co 7\ &}I R O/R 8-10 CY ~NDER i.jq{j) _A.)\j.u/"~ (Plt- 0 / qq I,.. oood :I /..:50' 00 19JI R O/R >8-10 CY SANDER F; (XX) r:6rJ /qqrg G'axl $ /5 C . '"' I ~; ~ ]0-12 CY END DUMP I DUMP WITH TILT DECK - - ~ . ! .-r;reo KEA)(.J)~'x./J...~ t.J / 3 A~7LI.L (;"/--1- ( 2wI Goe / qq~ Geed $ O)/R O/R LOWBOY TRAILER kj~1 f,. ZSD' ((c I ~ l<i) O/R 63+ HP BACKHOE . I- (~:;; L- :5"90 i)~ /999 f;(xd $. i2{) . CD (<DR O/R DD 90/1] 0 ROLLER R~I 00) OIR \\Dove\Oepartments\EF\Service Oistricts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Bid Schedule 2007.doc Page I of 5 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT ICE THAWING EQUIP (STEAM GENERATING) Y-Io YO $75,00 .$ /1:5<<:' O,/R O/R VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" - 84" .s 5~'1 21 I, ..$ $.. 75> HP DOZER (~SL 550 /99'1 Good .$ /<jSN I RiP CAT 340> HP (90,000 LB) RiP CAT 340< HP ~'/,1A\JscJ ~ -/.5"S o /r!) O/R (~}R O/R O/R O/R I qqo GC6d -$ 2(1)'w I (~;: LABOR RATE -1 iJfex, MISCELLANEOUS EQUIP SANDING MATERiAL $ per Cubic Yard $ per Ton IQ.20 I I CJ v /0 1/" n _ _1- '-'1-~_... 14 1\.U\;lI.. ~Ull-'::> D-1 (Proposer: Please attach additional pages if necessary) O/R O/R OIR The Proposer agrees to provide labor andlor operated equipment at a rate including the above straight hourly rates plus an incremental $ 3D' co per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. \\Dove\Departments\EF\Service Districls\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Bid Schedule 2007.doc Page 2 of 5 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus /() percent (%) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair 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 1,2007 through June 30, 2009. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates applv 2-000 Gucd Rental and/or Presently Labor Rate/Hour Owned Or Rented (circle one) $;SS'c>c (Q)I R aiR .t /25 ((~ (<2;1 R aiR .$ /."'2) . fA (911 R aiR )/. /SG<< I (9)1 R O/R -1;~~ ~: .t I~ec' :~~~I ~;: )'<, p 'to' oc I (2)1 R Type of Labor or Equipment Description, Age, & Condition of Equipment 155< HP GRADER (~Y- /406 19R9 Geod 156> HP GRADER (!it 1tJ1\f In A.J '7 90 I qq / Gwd 8-10 CY SANDER ~qC{) l~. & ~ f.r~ I qq& Good >8-10 CY SANDER X'ffi) fVl/ci /0/18 &Li 10-12 CY END DUMP I DUMP WITH IlL T DECK .-r: Xw ~, --r- 5(()() KE.0 wi 3 A;jJr.e -r:/'I- I 2001 Gcod /9qt.o ('~d FRONT END LOADER I Y2 - 4 Y2 CY i 'ft ~G 2, 5" frt t~ . J ' ~) </" 2S)) / . PICKUP WITH LABORER r. Z50 1~<f :~~ ~~ \\Dove\Departments\EF\Service Distri cts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Bid Schedule 2007.doc Page 3 of 5 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT r: - ZSD '-1-4- <I 1994 Qcod LOWBOY TRAILER ~~/ 63+ HP BACKHOE {' A8JL 590 if ~ </ J C/qq eNd DD 90/110 ROLLER ~! ICE THAIVING EQUIP (STEAM GENERATING) w,~ WATER TRUCK 100+ GAL <J9CC 1-JLur. <I.-ouc CJ-A! (j Iqq~ (1cod VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" - 84" 1!i1 I \ s~o 5<1--'1 Iq9~ 6~ ~ &:rr PAC 8f I. 199q ~ 75> HP DOZER (~~L .:550 I qq'lGooJ RIP CAT 340> HP (90,000 LB) O/R O/R RIP CAT 340< HP kfJMU~ :n -ISS . rr~ -",. J I <1l.J{ ) ( xcAi. d::. ......., i r-. t"'r~ -r ,(.JA./ . -- ....f /r\ V D ( 'V...! n. O/R LABOR RATE .$ 7{) ,c<; MISCELLANEOUS EQUIP \\Oove\Departments\EF\Service Oistricts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\Bid Schedule 2007.doc Page 4 of 5 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPl\1ENT TO BE USED ON PROJECT O/R O/R O/R MATERIAL Recycled Asphalt Pavement (RAP) $ per Ton Y( 11f- t (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ -" c:3 0 .c,(;, per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus 10 percent (%) profit, unless material is owned and generated by the Contractor. 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) Respectfully Submitted: . \ . -rC, €.Jiu'iJrl~\ d,..;c /y1!( ff..JL;Pt~, LLC f , I By: ~ ~, Title; V- I- Z 1- () 7 Date: Business Address: ~ 2-33,'1 .dt-A t, /l:K- q<; 0 'S lit -.31SS Telephone; Alaska Contractor's License Number: ..3/2/:S , Expires: I Z/.$/! eJ' Alaska Business License Number: .3!()950 Expires: 12/3/ / CY I ( KODIAK ISLAND BOROUGH PROPOSAL of ( Ie LJtvv;o~,.-PA-'C YJI( ~ €^-"Vd__n:~r{cs.L.S, LL C 2338 Kodl4k, At: qq",/s NAME OF CONTRACTOR ADDRESS f? () - 4 To the Borough Manager of the Kodiak Island Borough: The Undersigned proposes to furnish all labor and equipment required in the Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation; that he has carefully examined the General Specifications; and that he has made a personal examination of the site of the work and that he is to furnish all labor and equipment specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required within 10 days or such further time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to A ward, and it is hereby mutually understood and agreed that in case we do not, the said Borough Manager may proceed to award the contract to others. Written notice of Intent to A ward will be mailed, or otherwise furnished, within ten (10) calendar days after opening of bids. We hereby agree to commence the work within ten (10) days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of contract expiration 30 June 2009. The Undersigned proposes to guarantee all work performed under the Drawings, Specifications, and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (Give number and date each. If not received, write in the word "NONE"). ADDENDA T"'- A .,....r TC'lC'lT IT:''T''\ VJ-\ 1 C l00UCV A T"\.T"\.r:"'lrl.. TT""\. A J-\V V Cl 'U..I J-\ T'\ A 'T""Y; TClClT Tr:'T"'\ VJ-\lC l00UCU ~/Il- / Signature: ,=;(, Ll-~V J Date: 1-27 -() 7 \\Dove\Departments\EF\Service Districts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\ProposaI2007.doc Page 1 of] NOTICE TO PROCEED KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, AK 99615-6398 TO: M.K. Enterprises PO Box 2338 Kodiak, AK 99615 Proiect: Road Maintenance & Repairs, Snow Removal & Sanding for Monashka Bay Road Service Area Contract No.: 2008-03 Amount of Contract: Labor and Equipment Based You are hereby notified to commence work on the referenced contract on August 16,2007 and shall fully complete all ofthe work as per the schedule in the contract. Expiration date ofthe contract is June 30, 2009. Dated this fj l?f day of ~7. BY~~ ,~ ,; ___ Rick L. . rd J;rr- Borough Manager ATIEST ~ ~ Nova M. Javier, C C Borough Clerk ACCEPT ANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged By: M.K. ENTERPRISES This~dayof ~ 2007. BY'(~ ~ Title: () rht.S. \\Oove\departments\EF\Service Oistricts\Monashka Bay Service Area Board\Road Maintenance Contract 2007-09\NTP 8.16.07.docx Page 1 of 1