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FY2008-10 Bay View Service Area Road Maintenance and Repair, Snow Removal and Sanding OWNER-GENERAL CONTRACTOR AGREEMENT Contract No. 2008-10 THIS AGREEMENT, made this ~ day of '1(0/. , 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. 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 described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Bayview 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\Bayview Service Area Board\Road Maintenance Contract 2007 -09\Agreement 2007.doc Page 1 of 4 l ~ KODIAK ISLAND BOROUGH By ,4.d". M.K. ENTERPRISES, LLC. By <aiL Rick L. Gifford Borough Manager By ~- Walle W. Koning ~ Engineering/Facilities Director Title: Pr~. Attest: By \\Dove\departments\EF\Service Districts\Bayview Service Area Board\Road Maintenance Contract 2007-09\Agreement 2007.doc Page 2 of 4 i I ~ I 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 contractors, products/completed operations, broad form property damage, blanket \\Dove\departments\EF\Service Districts\Bayview Service Area Board\Road Maintenance Contract 2007-09\Agreement 2007.doc Page 3 of 4 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 $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law MK Enterprises, LLC. agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Oove\departments\EF\Service Oistricts\Bayview Service Area Board\Road Maintenance Contract 2007-09\Agreement 2007.doc Page 4 of 4 I l I Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Type of Labor or Equipment Rental and/or Labor Rate/Hour Description, Age, & Condition of Equipment Presently Owned Or Rented (circle one) 155< HP GRADER CAY- I'/{)(J /989 (~cncl /" 1St) cO 156> HP GRADER Clvtli1DJ(.)A..) ;120 I /Ljql C:r:cd .$ / 1:5 ' co 8-10 CY SANDER 49 ()() 'k:JL.f4./,~ t-~ .J/-l> Iqq~o 6cocL -t' 1:50 CD ~)R O/R ~)R O/R (~~R O/R >8-10 CY SANDER Moo hJV(j/ $; ISO t,O :t' .$ ~lb I, LOWBOY TRAILER 7df--JV4! -f- z SO (it' 63+ HP Bi\.CKHOE ()ASL 590 Lj~ <) / we; Gcocl -$ liS co. OilR O'IR ,- ~@--) O/R (Q:~R O/R DO 90/110 ROLLER t:dl---f:;.L1 ! ^ o (.RJ O/R Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT ICE THA':ING EQ~ (STEAM GENERATING) /:bJrfA I . ~j WATER TRUCK 100+ GAL '/L1CY) ,i-~V~- ~ '1l'/ fj) / <It ()(;() !J AI ( 19C-~ t I 10 cloDe .. $1S60 I O~/ O/R $;t5C)O I (~YR O/R oJI R O)/R .:1; / <IS 00 I 6>R aiR O/R O/R .i 2 i..::{) , c6 {~R aiR -$ .'is,CO " 75> HP DOZER {JilSfL 5S0 /994- (jeDd RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP ;..1J'wfJ.r:,( ) .LJ '-1 SS 1990 6cocl LABOR RATE MISCELLANEOUS EQUIP aiR O/R O/R SANDING MATERIAL $ per Cubic Yard $ per Ton 1/4" Rock Chips 19.80 rI. J""" '7' .~ " 1 V-I (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 $ .30 cO per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. 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 /0 percent (%) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road constmction 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 perforn1ance of the Contract: REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates applv 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 (14V-. I~O 0 ;9A9 (3c'<"d $ 1$ 00 (0') R O/R 156> HP GRADER (1/' 18'" ./1 Ani fJ /0 tJ () I 19q ( CJeo:L $. /250("' (~/R O/R 8-]0 CY ~ANDER I. '0 '; '\ . ' . 'I- f U.J J..Jt%. t> /'f-(J I 99G7 rUDe! ,r; 1,50 ,.,., I (6)R O/R >8-10 CY SANDER YaX) r;;2/d jC(Cjf3 (~(X)cf .$< /5ZJ co (QI/ R O/R .$ ,<;/ -1 PICKUP WITH LABORER ("- 2,)() ) ~w-; (~(, 2000 f3..c'6C Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT O/R LOWBOY TRAILER kiv'-l4/ ,/"'; $ Z.Sl) 00 I (6/; ~ 63+ HP BACKHOE rASe. 5(ID ~;;j, <f 1999' (~~z.x:1 t /2:)" I (~~: DD 90/110 ROLLER < 1..:.:J~ . / I [ \.V'"-'''+A, ( -'"",' Oc[R.) O/R ICE TH WING EQUIP (STEAM GENERATING) " $ ;SOt:.{) (j)' I R O/R O!IR \,~ g}IR 75> HP DOZER t..A~~x., :5"0 () Iqq~ 6cx:cI " t /'Is: <<> I (~; : RIP CAT 340> HP (90,000 LB) O/R O/R RIP CAT 340< HP ~u{I4-\ku "n - 1.55' Ic;QO (3cx.x:1 -$ 2100'0<> (O)R O/R LABOR RATE -110' 00 MISCELLANEOUS EQUIP Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT ________n_H -- .. H___ ---l I O/R O/R O/R MA TERIAL Recycled Asphalt Pavement (RAP) $ per Ton '-Il / 4 , (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 $ .......S() ... co 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 /0 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 A ward, the formal Agreement between Owner and Contractor will be executed within ten (10) days. (Sea!, if proposal is made by a Corporation) Respectfully Submitted: i ......r-) 7, I . _.. I / (rtl ., I / " B:. ( . ~c.ctj' ,,~,( <.5. ~"y'''~~ I-U:_ . Title: ~/j> / ~7 "7- Date: "1- - ~... (...; Business Address: </3 d;. 2. 3,'; cV ~ ''':11:: A k Q9(."/cl Telephone: ... ~ ... .3 -rs::S- Alaska Contractor's License Number: ..3 / Z/ ~_.- , - . '...... I..... / ~ ..... Expires: _~........~...._L5:/-,;5 I/O coY Alaska Business License Number: ......3 I () 9 sr.) Expires: ~_.... I ZJ...3;/() 7 , f