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FY2008-14 Kodiak Landfill HHW Building Project Kodiak Landfill HHW Building Project OWNER-GENERAL CONTRACTOR AGREEMENT Contract No. 2008-14 THIS AGREEMENT, made this 6th day of November, A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Red Hook Construction, LLC of Kodiak, Alaska, 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 labor and materials required for the Kodiak Landfill HHW Building Project located within the Kodiak Island Borough, Kodiak, Alaska, according to the Contract Documents therefore and for the sum of Sixty Four Thousand Dollars, Five Hundred Ninety-One and Zero Cents ($64,591.00) 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 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 agrees to defend, pay on behalf of, indemnify and hold harmless the 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. The Agreement 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 N:\EF\Baler Facility\HHW Building Project\Contract Documents\Agreement 11.6,07,doc i I L .... Kodiak Landfill HHW Building Project Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. l. 2. 3. 4. 5. 6. The Agreement Change Orders Addenda Supplementary Conditions Specifications Contract Drawings 8. 9. 10. 11. 12. Standard Specifications Incorporated by reference Information for Bidders Advertisement for Bids Bid Fonn Performance and Payment Bonds 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 June 17, 2008. 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 ($ 100) 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, 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/Contractor. N:\EF\Baler Facility\HHW Building Project\Contract Documents\Agreement 11.6.07.doc Kodiak Landfill HHW Building Project 2007 The bonds given by the Contractor in the sum of 100% Payment Bond, and 100% 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 Red Hook Construction, LLC have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from November 6,2007 to June 17,2008. KODIAK ISLAND BOROUGH CONTRACTOR By By (bc{~fiJlAJdJ~ ! [/. T i tie: By ~ " ---......... Walle W. Koning ) Engineering/Facilities Director Attes! ~ By ~ 011- . Nova M. Javier, C Borough Clerk INSURANCE SPECIFICATIONS N:\EF\Baler Facility\HHW Building Project\Contract Documents\Agreement 11.6.07.doc Kodiak Landfill HHW Building Project Contract No. 2008 - 14 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. 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 and policy endorsements must be furnished to the Contracting Officer. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. These endorsements 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 applicable state law (A.S. 23.30.045) for all employees to be engaged in work at the site of the project under this Agreement. 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 per person, $100,000 per occurrence. B. Comprehensive (Commercial) General Liability Insurance The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than two million ($2,000,000) dollars 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. C. Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non-owned vehicles and with coverage limits not less than $100,000 per person, $300,000 per occurrence bodily injury, and $50,000 property damage. N :\EF\Baler Facility\HHW Building Project\Contract Documents\Agreement 11.6.07 .doc Kodiak Landfill HHW Building Project 2007 The Contractor shall furnish endorsements issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and/or Materials Change shall be sent to Director, Engineering/Facilities Department, Kodiak Island Borough." 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, conunissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Conunercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law Red Hook Construction, 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. N:\EF\Baler Facility\HHW Building Project\Contract Documents\Agreement l1.6.07.doc KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 1, 2007 REGULAR MEETING ITEM NO. 12.A TITLE: Reconsideration of Contract No. FY2008-14 Household Hazardous Waste Building Project. SUMMARY: Assembly member Williams and Abell filed a motion to reconsider Contract No. FY2008-14. Assembly member Abell should make the motion to reconsider the vote taken on Contract No. FY2008-14. Discussion is to focus on the reason to reconsider the vote - as the maker of the motion, Assembly member Abell should speak first. If the motion to reconsider passes with a majority vote, the motion to adopt to authorize the Manager to execute Contract No. FY2008-04 with Red Hook Construction, LLC of Kodiak, Alaska in the amount not to exceed $64,591 for the period of October 18, 2007 through June 17, 2008 is going to be before you as the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained even if the Assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. FISCAL NOTES: Account No.: 530-731-430-140 Amount Budgeted: Expenditure Required: $64,591 APPROVAL FOR AGENDA: ~ ,. d~ RECOMMENDED MOTION: Move to reconsider the vote taken on Contract No. FY2008-14. RECONSIDERA liON AFFIDA Vll 1"&1.L~..A. _ Ui~C1;"'A J;laving voted on the prevailing side, file my intent to reconsider the vote taken on Contract No. FY2008-14 Household Hazardous Waste Building Project. ~cv.k", ;Jd~J7~~/ Signature {'~ #W signature / SUBSCRIBED AND SWORN to before me this 19th day 0 Notary Public In and or Alask~/LJ ' My Commission Expires: tv<A7VL ~ , Nova M. Javier, CMC Borough Clerk Oct 12 07 1037a AT\~ \ WOrJ C~ ..., ~ G. '-1 ;~ '-1 4- p,1 ...... ; " .' r~~';>:->~-~;:o.~. ~,:-.' ."- -; ~ : ;U J/bi1 : ! , - '>-~,-",-- '.,-'..,'-.-. ._,~--~-,-L ~ ~\\ 1 (} ~-:\..t ~ ~ ',~ ;7\ of$! . yl...l.l ')AIt .{ I f '" I'=- ~ t~ l \ , .::?Of k)te e S d. 't -1-'0 'f"""...} rp."' t 'h~c-" ~ ~t..... /' ., f ~ , . t. ' ...., \~ I ~!; ~ i\..o , ':'"> '~',; t ' ... -t t r. '-"'........1..-,_ y..~ tJ::::/ J'>a::., V ;'r , ~ f \ u,...\ tv ~i~ ~ ~~O d ~ ~ -t"l-\-t.... A:s ~ 0. \.' ~ ......--. S e... ~ "t.. ~ -4 Y'Vl..b~ ~,.,..~. ~o--... a-., ~ h.. (,) ~ &ev-~ ~~ ~ ~~ ,Q~-...- ~ t7t I .... f' '- ~.r~ ~ ~ 'c- Kodiak Landfill HHW Building Project KODIAK ISLAND BOROUGH PROPOSAL of NAME OF CONpTRACTOR A ~ [) ADDRESS .0. t1lYX 8-'7 Ho HOD k. Cb /J5 ~ Llcf1 0 j\l : Lf-C, K l)DIA-k~ ,A'\(- qqee I~- To the Borough Manager of the Kodiak Island Borough: The Undersigned proposes to furnish and install all materials required in the construction of Kodiak Landfill HHW Building Project, 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, finn or corporation; that he has carefully examined the specifications and General Provisions; and that he has made a personal examination of the site of the work and that he is to furnish and install all the materials specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required by the Instruction to Bidders within ] 0 days or such time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award, and it is hereby mutually understood and agreed that in case we do not, we forfeit the accompanying check or bid bond to the Kodiak Island Borough as liquidated damages, and 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 fifteen (I5) calendar days after opening of bids. We hereby agree to commence the work within ten (IO) 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 fmal completion deadline of June 17,2008, per the contract. The Undersigned shall sign a Contract containing a liquidated damage clause and other requirements as stated by law, the liquidated damage clause shall be One Hundred Dollars ($100) per each calendar day after contract completion. The Undersigned proposes to furnish 100% of the contract Payment Bond in the amount of $ 61, 6q J . lJO and 100% of the contract Perfonnance Bond in the amount of $ 6t/; /5< qj i t?O as surety conditioned for the full, complete and faithful perfonnance of this contract and to indemnify and save hannless the Kodiak Island Borough from any damage or loss for which the Kodiak Island Borough may become liable by the default of Undersigned, or by reason of any neglect or carelessness on the part of the Undersigned, his agents or employees or by or on account of any act of omission of Undersigned, his servants, agents or employees in perfonnance of this contract. \\Dove\departments\EF\Baler Facility\RFPs\RFBs\FY2008\HHW Building Project\Proposal 8.6.07.docx Page I of2 Kodiak Landfill HHW Building Project """1 j 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 of each. If not received, write in the word "NONE"). ADDENDA DATE ISSUED ADDENDA DATE ISSUED H I 11 :L q. /q, 2oD'7 q , J-Lj, fJ-bol / #,] 9 . J- J..j ,JltJ7 Signature: Date: Title: Address: Cj~~~myiJA~ /1u4hO~d ROf {1Yl0-ll~ fYVYL~ ~O. 9 lp ~D.DIA.i< _AI~9 (p{~ Bid Schedule. (see attached) \\Dove\departments\EF\Baler Facility\RFPs\RFBs\FY2008\HHW Building Project\Proposal 8.6.07.docx Page 2 of2 Kodiak Landfill HHW Building Project t 2. 7 """"''''''''V;''',:OS--'.:;',,,"='i,_tl-~''.''''-''~'','''''~~''..l.'1<:'';''''~'''''"",'3.~_'''''~'L~'~"'I;::6~~~~{,~~~,;"""'_lI'l~i!""""""o;lo~.-n-~__",,.,,...t.'''l:-'''I9~!l'''U;....~.''!Ft.'I:lIJN4~~~~~)O~w,;;;-..- 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 of each. If not received, write in the word "NONE"). ADDENDA DATE ISSUED ADDENDA DA IE ISSUED -If I # 2. q. /q. 2fJ{)'7 q. J-L/' rJbDl / #3 9 . d- '-/. Jt07 Signature: Date: Title: Address: tyyljYL brr _A09(o(~ Bid Schedule. (see attached) \\Dove\departments\EF\Baler Facility\RFPs\RFBs\FY2008\HHW Building Project\Proposal 8.6.07.docx Page 2 of2 Kodiak Landfill HHW Building Project :,?, BID SCHEDULE Kodiak Landfill HHW Building Project II {SO HDDk. (J)\}.5f1;!uclICtd LL~ ,in strict conformance with the Contract Documents, will perform all of the work for the Kodiak Landfill HHW Building Project including: Provide all associated labor, material and equipment to perform the work associated with building the container storage building as described in the scope of work and as shown on the attached drawings for a lump sum price of: j net;}. fDurrfw.:Jlrd I Fi vt-ffur0rrd n1.lZ~ 0}1fJ dollars $ t;:,~ ,,'Y/! . {)() Date: q. c28 -DlbCT{- Respectfully submitted: By: ~e:1J ffj'j{ tm5fRudrcN ILG Contracting Firm / (Seal ifby Corporation) -j?{}J3ox f3S/ ~ Business Address #ODlfiU,()J! qq~(~/ \\Dove\departments\EF\Baler Facility\RFPs\RFBs\FY2008\HHW Building Project\Bid Schedule 8.6.07.docx Page I of I HHW BUILDING PROJECT Will look Similar to City's Parks & Recreation Building NOTICE OF INTENT TO A WARD KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, AK 99615-6398 To: Red Hook Construction, LLC Attn: Jenny Wandersee PO Box 8516 Kodiak, Alaska 99615 Re: Kodiak Landfill HHW Building Project Contract Ntt~ The Owner has considered the bid submitted by you for the above-described work in response to its Notice Inviting Bids dated September 2007. You are hereby notified that your proposal has been accepted. However, please be advised that this Notice of Intent does not obligate the Borough. KIB does not enter into a legal binding agreement until the Agreement has been signed and received administrative or Assembly approval. You are required under the terms of the Notice Inviting Bids and the Information to Bidders to execute an Agreement and furnish the required certificates of insurance within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and furnish said certificates of insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid to be abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Intent to A ward to the Owner. Dated this ~ay of October 2007. By: - c..<..~-t' ~~*" lJ ~' Aick L. Gifford ~/- ",W Borough Manager 4-0. ATTEST: Nova M. Javier, CMC BorouQ'h Clerk -- --- - --0.- --- \\Dove\departments\EF\Baler FaciJity\RFPs\RFBs\FY2008\HHW Building Project\Contract Documents\NOA 8.6.07.docx Page lof2 ACCEPTANCE OF INTENT TO A WARD Receipt of the foregoing Notice ofIntent to Award is hereby acknowledged. Dated this /i.o~ day of October 2007. BY: RED HOOK CONSTRUCTION, LLC " \\Dove\departments\EF\Baler Facility\RFPs\RFBs\FY2008\HHW Building Project\Contract Documents\NOA 8.6.07.docx Page 2 of2 Kodiak Landfill HHW Building Project 2007 NOTICE TO PROCEED KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, AK 99615-6398 TO: Red Hook Construction P.O. Box 8516 Kodiak, AK 99615 Proiect: Kodiak Landfill HHW Building Project Contract No.: 2008-14 Amount of Contract: Not to Exceed $64,591.00 You are hereby notified to commence work on the referenced contract on November 6, 2007 and shall fully complete all of the work as per the schedule in the contract. Expiration date of the contract is June 17,2008. Dated this 6th day of November 2007. ATTEST: ~J!Ji~~ Borough Clerk illV ~ .. V'By: 'J~ Rick L. rd Borough Manager ACCEPT ANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged By: This _ day of 2007. BY~~A t/ fAk1~ Title: ~ (' ; / {/ N:\EF\Baler Facility\HHW Building Project\Contract Documents\NTP 8.6.07.docx Page I of2 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18. 2007 REGULAR MEETING ITEM NO. 13.A.2 TITLE: Contract No. FY2008.14 Household Hazardous Waste Building Project. SUMMARY: Household hazardous waste (paint, batteries, etc.) are processed inside the baler building at the landfill. Due to health and safety concerns both OSHA and AMLJIA have recommended that a storage area outside of the baler building be utilized to process batteries and flammable materials or liquids. This building project will provide such an area. The building will be built similarly to the City's Park and Recreation storage unit located near Baranof Park; two Connex vans with a roof. The building area will provide easy access for the public to drop off household hazardous waste as well as a ventilated, covered area for baler staff to process the waste materials. The Borough received four responsive bids for this project: Red Hook Construction, LLC $ 64,591 Brechan Enterprises, Inc. $ 85,187.63 Twin Peaks Construction, Inc. $ 91,198 Alaska Professional Construction, Inc. $120,000 V),~ ~ sS& D b\~r~ .' ~ r) CJ~\ ~ '/,I it) AI \'6' ~~ eI',\jV fJt I!--- V\1vtJ ~ aN FISCAL NOTES: Account No.: 530-731-430-140 Amount Budgeted: Expenditure Required: $64,591 APPROVAL FOR AGENDA: ~d, ~ECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2008- t4 with Red Rook Construction, LLC of Kodiak, Alaska in the amount not to exceed $64,591 for the period of October 18, 2007 through June 17, 2008.