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FY2008-19 Landfill Cover - Shot Rock Development Kodiak Landfill Shot Rock Development Project OWNER - GENERAL CONTRACTOR AGREEMENT J$nd {ljV\ THIS AGREEMENT, made this ~day of Oe.-e-, A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Brechan Enterprises, Inc. of Kodiak, Alaska, hereinafter called the Contractor. Contract No. 2008-19 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 install the materials and complete and perform all the work and labor required for the Kodiak Landfill Shot Rock Development Project located within the Kodiak Island Borough, Kodiak, Alaska, according to the Contract Documents therefore and for the sum of One Hundred Twenty-Seven Thousand, Nine Hundred ($127,900.00 ) Dollars. 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: 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 the 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 Contract 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 Page 1 0[5 Kodiak Landfill Shot Rock Development Project Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. I. 2. 3. 4. 5. 6. The Agreement Change Orders Addenda Supplementary Conditions Specifications Contract Drawings 7. 8. 9. 10. 11. 12. General Conditions Standard Specifications Incorporated by reference Instruction to Bidders Invitation for Bids Bid Form 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 conditions 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 February 15, 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 Page 2 of 5 I I I- ~ - i Kodiak Landfill Shot Rock Development Project Borough and invoicing by Contractor/Contractor. The bonds given by the Contractor in the sum of 100% Payment Bond, and lOO% 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 Brechan Enterprises, Inc. have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from the date of the Notice to Proceed to February 15,2008. KODIAK ISLAND BOROUGH CONTRACTOR By-C-<' PL~~ -C:~.; /' Rick L. Gifford -t' /' Borough Manager A- ~. By ~/1A., {;p'~ Title: ~ By ! J. P ~ \ Walle W. Koning 1 Engineering/Facilities Director Attest: By ~~ Nova M. Javier, CM Borough Clerk /~". "'''''''~'''''' "-'" " ..- . ~'~(-;.:.: '" U A',. ;t. ," \, " "':/}) '"'\, '" i ;J ""....~ INSURANCE SPECIFICATIONS Page 30[5 Kodiak Landfill Shot Rock Development Project Contract No. 2008 - 19 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 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 certificates and policy 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. The Contractor shall furnish certificates and policy endorsements issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. Page 4 of 5 Kodiak Landfill Shot Rock Development Project 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, 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 pennitted by law Brechan Enterprises, Inc. 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. Page 5 of 5 Client#: 10688 BRECENTE ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 12/27/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Parker Smith & Feek ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Anchorage Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4000 Old Seward Hwy., Ste. 200 Anchorage, AK 99503-6067 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Alaska National Ins. Co. Brechan Enterprises, Inc. INSURER B: SeaBright Insurance Company 2705 Mill Bay Road INSURER C: Kodiak, AK 99615 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11[<;; t-Ps~~ TYPE OF INSURANCE POLICY NUMBER PJ>A'4~~J~f6'~~)E Pg~fJ (~~~6W.gN LIMITS A X GENERAL LIABILITY 07BLS55211 02101/07 02101/08 EACH OCCURRENCE $1 000 000 - DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5.000 PERSONAL & ADV INJURY $1 000 000 - - GENERAL AGGREGATE $2 000 000 ~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000 000 n PRO- n POLICY JECT LOC A ~TOMOBILE LIABILITY 07BAS55211 02101/07 02101/08 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODilY INJURY - $ ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ pESS/UMBRElLA LIABiliTY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 881070772 02101/07 02101/08 X I T~2J~~Ws I 10J~- EMPLOYERS' liABILITY $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE El EACH ACCIDENT OFFICER/MEMBER EXCLUDED? El DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under EL DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Contract No. 2008-19 Kodiak Landfill Shot Rock Development Project. Where required by contract Kodiak Island Borough is an Additional Insured on the General Liability policy, subject to the terms, conditions and limitations of said policy and additional insured endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Kodiak Island Borough DATE THEREOF, THE ISSUING INSURER WILL XIJt1XXIXitJtXIll MAIL --3D- DAYS WRITTEN 710 Mill Bay Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,DXJtM~k Kodiak, AK 99615 JMeQlK)(IllDlCJJliDIllIltJQJlXDNIJt)()(muxxeXlOlMXDIllIJlKE8CnU~XX 1I1llJ1BJm[U(lXDU 1J;;rz;;;Z;:;;1E ACORD 25 (2001/08) 1 of 2 #M74632 CMM01 @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #M74632 Kodiak Landfill Shot Rock Development Project ?~'; i Bond No. 6514329 KODIAK ISLAND BOROUGH PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Brechan Enterpri ses, Inc. of Kodiak, AK as Principal, and Safeco Insurance Company of America of Bellevue, WA as Surety, firmly bound and held unto the Kodiak Island Borough in the penal sum of ~:id ~g~~66~h~wenty Seven Thousand Nine Hundred Dollars ($127,900.00), good and lawful money of the United States of America for the payment whereof, well and truly to be paid to the Kodiak Island Borough, we bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a written contract with said Kodiak Island Borough, on the J.1~ day of))uemb4' , A.D., 2007 for performance of the Kodiak Landfill Shot Rock Development Project, said work to be done according to the terms of said Contract. Now, THEREFORE, the conditions of the foregoing obligation are such that if the said Principals shall well and truly perfonn and complete all obligations and work under said Contract and the Proposal, and Contract Documents of the Kodiak Island Borough, to which reference is hereby made and which are by reference made a part hereof, according to the terms as the same are now constituted or as they may hereafter be modified in accordance with the provisions of said Contract and Specifications and during the life of any guarantee required under the Contract shall comply with all requirements of law, and shall indemnify and save harmless the Kodiak Island Borough, the Borough Manager and employees thereof against any damages or loss which they or any of them may suffer or for which they or any of them become liable by the default of said principals, their agents, servants, employees, or by any act of omission of said principals, their agents, servants or employees, in the performance of said Contract, and if the principals shall reimburse upon demand of the Kodiak Island Borough any sums paid to it which exceeds the final payment determined to be due upon completion of the project, and then these presents shall become null and void; otherwise they shall remain in full force and effect. \ \dove\borough \EF\Baler F acility\RFPs\RFBs\FY2008\Landfill Shot Rock Development\2007\ReB id\Performance Bond 11.07.doc Page 1 Kodiak Landfill Shot Rock Development Project ....,'J { IN WITNESS WHEREOF, we have hereunto set our hands and seals at Kodiak, Alaska, this ZJ.~ day of 1)eL€mbe{ A.D., 2007. - Principal: Brechan Enterprises, Inc. By: ~ /11d By: Surety: Safeco Insurance Company of America By: ~A.,~.fllScYf1, l.U{)'L~ Susan B. Larson Attorney-in-Fact By: The offered Bond has been checked for adequacy under the applicable statutes and regulations: Date I~ \ \dove\borough \EF\Baler F acili ty\RFPs\RFBs\FY2008\Landfill Shot Rock Development\2007\ReB id\Performance Bond 11.07 .doc Page 2 KON~~~k La~d~ill Sh.o~ Rock Development Project t 2007 Bond No. 6514329 KODIAK ISLAND BOROUGH PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS; That Brechan Enterprises, Inc. of Kodiak, AK as Principal, and Safeco Insurance Company of America as Surety, firmly bound and peld t th K d. k I 1 d B h' th 1 f One HUl'}dred Twenty Seven Thousand Nlne Hundred un 0 e 0 la san oroug ill e pena sum 0 and noLlOOths Dollars ($ 127,900.00), good and lawful money of the United States of America for the payment whereof, well and truly to be paid to the Kodiak Island Borough, we bind ourselves, our heirs, successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a written contract with said Kodiak Island Borough, on the ~day of!)2umbw A.D., 2007, for the construction of the Kodiak Landfill Shot Rock Development Project, said work to be done according to the terms of said Contract. Now, THEREFORE, the conditions of the foregoing obligations are such that if the said Principal shall comply with all requirements of law and pay, as they become due, all just claims for labor performed and materials and supplies furnished upon or for the work under said contract, whether said labor be performed and said materials and supplies be furnished under the original contract, any subcontract, or any and all duly authorized modifications thereto, and shall indemnify and save harmless the Kodiak Island Borough, Borough Manager and employees thereof against any damage or loss which they or any of them may suffer or for which they or any of them become liable, by the default of said principal, or by any neglect or carelessness on the part of said principal, their agents, servants or employees, then these presents shall become void, otherwise they shall remain in full force and effect. \\dove\borough\EF\Baler Facility\RFPs\RFBs\FY2008\Landfill Shot Rock Development\2007\ReBid\Payment Bond 11.07.doc Page 1 Kodiak Landfill Shot Rock Development Project I ~~007 T.__...i<\l:ll'!'.....!liili.....-..~- . I . IL "",~ ~I:ll... .... .( nO IN WITNESS WHEREOF, we have hereunto set our hands and seals at Kodiak, Alaska, this cZ). day of'iA?cembW A.D., 2007. Principal: Brechan Enterprises, Inc. By: /If 7f~ By: Surety: Safeco Insurance Company of America \ By: \. 'x\\;~rl fJ.,\ZC~l~\~_ Susan B. Larson ""--) By: Attorney-in-Fact Date Contracting Offi Kodiak Island Borough \\dove\borough\EF\Baler Facility\RFPs\RFBs\FY2008\Landfill Shot Rock Development\2007\ReBid\Payment Bond 11.07.doc Page 2 i'!l POWER OF ATTORNEY Safeco Insurance Companies PO Box 34526 Seattle. WA 98124-1526 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and Washington corporation, does each hereby appoint *******************JILL A. BOYLE; APRIL L. CHAMPAGNE; KAREN P. DEVER; SCOTT FISHER; PETER H. HAMMETT; SUSAN B. LARSON; DEANNA M. MEYER; CARL NEWMAN; STUART A. O'FARRELL; STEPHEN J. WACHTER; Bellevue, Washington; DAVID L. ECKROTH; KAREN A. HUNT; BARBARA R. JOHNSON; MARIE I. MATETICH; CHARLES A. SZOP A; Anchorage, Alas ka*********************************************************************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. No. 349 GENERAL INSURANCE COMPANY OF AMERICA, each a IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th December 2005 day of ~JfJ4~ ~ STEPHANIE DALEY-WATSON.SECRETARY MIKE PETERS. PRESIDENT. SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13, - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof," I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of ~JfJ4~ STEPHANIE DALEY-WATSON, SECRETARY Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation, S-0974/DS 4/05 WEB PDF ~'i!( >' . .. ....: ~!i1g . <>;liil lilf<l!i1 lSl"M03dS "'h'.1JrGPtNOWlfG 3J.SYM cnos HOOOHOEl 0NV1SI >MOO)! """"""'d3lld .... o o '" .... f- o :.: z o U l.J '" 0 ::> -' '" 0. G! I- g ~ ~ ~ :'i 0 t U z J:O UF z"" l.J'" "''' ;oS! ~~ u z o >-F 'S''''' ",::> ,,'" Ule ;:; ci z '" " ~ ~ ~ I ",;E · s 2 IS 0", i- S <I) .. a!' I ~ ~I[: ~ ~ U ~~>- V5~~ -'0'" 2~~ ug N (\) ~ ~" ~ ~ m o~ ~ e:~ ~8~ 3: ~ 0 0 '" ~tug 0::: ~ , ~~ ~ J: U '" ;;; "'id ~ s 5 III "' U "5 0 '" 0. I- III () ~ w --, ::> 0 0 l.J (l:: '" g [l. ~ u. Vl "00 ~l.J I >;f- "" I- U'" '-l.J I -Oz () i3~ z g~ w [JJ ~ ";::1_ ;Ct:~/ w ~::e~ z iO!:.:", ""uz ~~~ ~~:i >0-' 1Ilu.15 ~ ~5G wo~ ::> ~ ~ ~!~ .-g ~!; ;~~ >~il ~~~I~~, ; / O'f01 S,s3~:J\f HllN38 \ -:ij~~-:::~~-r~/ ~~g ~~ ~Ld Ul I- U "5 zo ~g: l.Jl.J "'''' of 1-" u. '" o u. ~ w ~ ~ '" 0 z F= F= C5 en is 8 () \ ~!; <;::1 ~e~ ~~~ ~~~ ~~~ .,j I!' ~ 5 ~ o ~ ~ NOTICE TO PROCEED KODIAK ISLAND BOROUGH 710 MILL BA Y ROAD KODIAK, AK 99615-6398 TO: Brechan Enterprises, Inc. 2705 Mill Bay Rd Kodiak, AK 99615 Project: Kodiak Landfill Shot Rock Development 2007 Contract No.: 2008-19 Amount Not to Exceed: $127,900.00 You are hereby notified to commence work on the referenced contract and shall fully complete all of the work as per the schedule in the contract. Expiration date of the contract is February 15,2008. Dated this loth day of January, 2008. By dUk~F- Rick L. Giffo Borough Manager ATTEST: I)A ~~' ~ aM. Ja r, CM~ /}. f/ . Borough rk (/ ~ ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged By: . This ~ay of January 2008. By: Jz;1L- J;II#~ T'l I' It e: N;\EF\Baler Facility\RFPs\RFBs\FY2008\Landfill Shot Rock Developrnent\2007\2007 RFB Doc Packet\Contract Docs Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Contract No. 2008-19 Change Order No. 1 Project Name, Number & Location Amount of Contract & Change Order Landfill Shot Rock Development # Original Contract $ 127,900.00 Previous Changes $ 0.00 Contractor This Change $ 0.00 Brechan Enterprises, Inc 2705 Mill Bay Road, Kodiak, AK 99615 Adjusted Contract $ 127,900.00 Description of Change Cost Time extension from 2/15/08 to 3/15/08. 0.00 I i I The time provided for completion of the contract is (0 unchanged) (is] increased) (0 decreased) by 30 calendar days. This document shall become an amendment to the contract and all rovisions of the contract will a I thereto. Accepted By: ~~~~ Contractor's Representative Date 2/Z,D/"8 Recommended: Date ;;;"/;9.I/o'i' Approved By: Date -;t / ::2. { / CJ r- Approved By: Date Mayor Deputy Presiding Officer Revised by MIS 06/14/06 KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 20. 2007 REGULAR MEETING ITEM NO. 13.A.2 TITLE: Contract No. FY2008-19 for Shot Rock Development - Landfill Cover. SUMMARY: The landfill is required to cover municipal waste daily with a minimum of 6 inches of cover, which consists of shot rock. This shot rock will be generated on site and will be adjacent to the shot rock project constructed in 2005 which provided for some of the clearing needed in the area for this project. This rock project is expected to provide cover for at least 2 years or more as well as help maintain landfill roadways. Three firms responded to the RFP for the shot rock development. Bids were as follows: Brechan Enterprises. Inc. Anderson Construction Company, LLC Twin Peaks Construction $127,900 $128,525 $361,000 Staff reviewed each proposal and it is recommended that Brechan Enterprises, Inc. be awarded this contract for $127,900. FISCAL NOTES: Account No.: 530-731-430-140 Amount Budgeted: Expenditure Required: $127,900 APPROVAL FOR AGENDA: tf1eJe,;[ ~ RECOMMENDED MOTION: Move to authorize the manager to execute contract No. FY2008-19 with Brechan Enterprises, Inc. of Kodiak, AK in the amount not to exceed $127,900 for the period of December 20,2007 through February 15, 2008. I I b I . ~I NOTICE OF INTENT TO A WARD KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, AK 99615-6398 To: Brechan Enterprises, Inc. 2705 Mill Bay Rd Kodiak, AK 99615 Re: Kodiak Landfill Shot Rock Development 2007 Project Contract No.: 2008-19 The Owner has considered the bid submitted by you for the above-described work in response to its Notice Inviting Bids dated December 5, 2007. You are hereby notified that your proposal has been accepted. However, please be advised that this Notice ofIntent does not obligate the Borough. KlB 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 Invitation for Bids and the Instruction 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 ofIntent to Award to the Owner. K Dated this /g day of December 2007. """"-,--,,,,_.-"';':;O-:;>'~:'. ','.. \Vii; Nova M. J ier, CMC Borough Clerk ATTEST: N:\EF\Baler Facility\RFPs\RFBs\FY2008\Landfill Shot Rock Development\2007\ReBid\NIA 12.07 .doc Page 1 of2 I l- E = ! ACCEPTANCE OF INTENT TOAWARD Receipt of the foregoing Notice ofIntent to Award is hereby acknowledged. Dated this 3/)# day of December 2007. By: BY: BRECHAN ENTERPRISES, INe. ~/k~_~ , ~ Title: N:\EF\Baler Facility\RFPs\RFBs\FY2008\Landfill Shot Rock Development\2007\ReBid\NIA 12.07.doc Page 2 of2