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<br />Kodiak Landfill Shot Rock Development Project <br /> <br /> <br />OWNER - GENERAL CONTRACTOR <br /> <br />AGREEMENT <br /> <br />J$nd {ljV\ <br />THIS AGREEMENT, made this ~day of Oe.-e-, A.D., 2007, between the Kodiak Island <br />Borough, acting by and through its Borough Manager, party of the first part, and Brechan <br />Enterprises, Inc. of Kodiak, Alaska, hereinafter called the Contractor. <br /> <br />Contract No. 2008-19 <br /> <br />WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein <br />specified and agreed to by the party of the first part, hereby covenants and agrees to furnish labor <br />and install the materials and complete and perform all the work and labor required for the <br />Kodiak Landfill Shot Rock Development Project located within the Kodiak Island Borough, <br />Kodiak, Alaska, according to the Contract Documents therefore and for the sum of One Hundred <br />Twenty-Seven Thousand, Nine Hundred ($127,900.00 ) Dollars. <br /> <br />The Contractor further covenants and agrees that the entire project shall be done under the <br />administration and to the complete satisfaction of the Kodiak Island Borough, subject to <br />inspection at all times and approval by any participating agency of the Government of the United <br />States of America, and in accordance with the laws of the State of Alaska and rules and <br />regulations of said Federal Agency. <br /> <br />The Contractor further covenants and agrees that all of said work and labor shall be done and <br />performed in the best and most workmanlike manner and that all and every of said materials and <br />labor shall be in strict and entire conformity in every respect with the Contract Documents: that <br />he will abide by and perform all stipulations, covenants, and agreements specified in said <br />Contract Documents, all of which are by reference hereby made a part of this Contract, as to all <br />premises therein: and in case any of said materials or labor shall be rejected by the Borough <br />Manager or his assistant or authorized representative, as defective or unsuitable, then the said <br />materials shall be removed or replaced with other approved materials and the said labor shall be <br />done anew to the satisfaction and the approval of the Borough Manager or his representatives, at <br />the cost and expense of the Contractor. <br /> <br />To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, <br />indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, <br />employees and volunteers and others working on behalf of the Kodiak Island Borough against <br />any and all claims, demands, suits or loss, including all costs connected therewith, and for any <br />damages which may be asserted, claimed or recovered against or from the Kodiak Island <br />Borough, its elected and appointed officials, employees, volunteers or others working on behalf <br />of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death <br />and/or property damage, including loss of use thereof, which arises out of or is in any way <br />connected or associated with this contract. <br /> <br />The Contract entered into by the acceptance of the Contractor's bid and the signing of this <br />Agreement consists of the following documents all of which are component parts of said <br /> <br />Page 1 0[5 <br />