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FY2008-12 4518 E. Rezanof Drive House Removal OWNER-GENERAL CONTRACTOR AGREEMENT Contract No. 2008-12 ~ THIS AGREEMENT, made this l.o day of ~ , A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and T.e. Enterprises, Inc. 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 4518 E. Rezanof Drive House Removal located within the Kodiak Island Borough, Kodiak, Alaska, according to the Contract Documents therefore and for the sum of Seven Thousand Eight Hundred Sixtv Dollars. ($7,860.00) The Contractor further covenants and agrees that the entire removal and disposal 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. 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 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 Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. The Agreement 2. Invitation to Bid 3. Insurance Specifications The Contractor further covenants and agrees that all of said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, no later than April 15, 2008. The Contractor further covenants and agrees that if said property cannot be physically moved to a new N :\EF\Capital Projects\Bond Issue\Projects\Bayside\Cossett House Contract.doc Page 1 of 5 location by April 15, 2008 completion date, then Contractor will, at no additional cost, demolish the building, clear and remove all associated debris, commencing April 10, 2008 - with a completion date of April 15, 2008. This said work must meet the approval of Fire Protection Area #1 Chair and the Kodiak Island Borough Engineering Facilities Director. It is expressly understood and agreed that in case of the failure on the part of the Contractor for any reason, except with the written consent of the Borough Manager, to complete the 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 ifno monies shall be due, the party of the first part shall have the right to recover Five Hundred Dollars ($500) 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 ofthe 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. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion, acceptance by the Kodiak Island Borough and invoicing by Contractor. 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 T.e. Enterprises, Inc. have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from July 23, 2007 to April 15, 2008. KODIAK ISLAND BOROUGH By By Title: By (jk~ l J Atte~ _^" By P VI T A.. Nova M. Javier, CMC Borough Clerk /2/17/07 Walle W. Koning Engineering/Facilities Director INSURANCE SPECIFICATIONS Contract No. 2008-12 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. Compensation: The Contractor shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement. Contractor's Liability: a) 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 one million ($1,000,000) dollars. b) Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. C) Subcontractor's Public Liability and Property Damage Insurance: The Contractor shall insure in this policy the activities of its subcontractors in type and amounts as specified in a) and b) above. The Contractor shall furnish certificates 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, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be N :\EF\Capital Projects\Bond Issue\Projects\Bayside\Cossett House Contract.doc Page 4 of 5 named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent pennitted by law T.e. Enterprises, Inc. agrees to defend, indemnify and hold hannless 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\Capital Projects\Bond Issue\Projects\Bayside\Cossett House Contract.doc Page 5 of 5