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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