FY2010-19 B&R Rish By Product, Inc. - KHS contaminated soil remediation projectOWNER - GENERAL CONTRACTOR
AGREEMENT
Contract No. 10���'
THIS AGREEMENT, made this 12th day of October, A.D., 2009, between
the Kodiak island Borough, acting by and through its Borough
Manager, party of the first part, and B & R Fish By Products, Inc.
of Kodiak, Alaska, a Corporation, 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 furnish and install
the materials and to do and perform all the work and labor required
in the construction of KHS Contaminated Soil Remediation Project in
the Kodiak Island Borough , Kodiak, Alaska, for the sum of Twenty
Two Thousand ($22,000.00) 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, Contaminated Soil Stockpile Work Plan, Dated June 2009
and B & R Fish By Products, Inc. proposal dated 8/12/09, 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/Manufacturer
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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.
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.
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 $1,000,000.00
per person, $1,000,000.00 per occurrence.
B. Comprehensive (Commercial) General Liability Insurance with
coverage limits not less than $1,000,000.00 combined single
limit per occurrence and 2,000,000 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.
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C. Comprehensive Automobile Liability Insurance covering all
owned, hired and non -owned vehicles and with coverage limits
not less than combined single limit.
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 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
8.
Standard Specifications Incorporated by reference
2. Change Orders
9.
Information for Bidders
3. Addenda
10.
Advertisement for Bids
4. Supplementary Conditions
11.
Bid Form
5. Specifications
12.
Performance and Payment Bond
6. Contract Drawings
13.
Notice of Intent to Award
7. General Conditions
14.
Notice to Proceed
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. 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 Two Hundred Fifty
Dollars ($ 250.00) per day for each and every calendar day elapsing
between the time stipulated, and the actual date of completion in
accordance with e- -te-rms thereof: said deduction to be made, or
said sum to be v 60'irim as'
penalty, but as liquidated damages.
Provided, ho ., h�Yupon receipt of written notice from the
Contractor o sten oadses over which said Contractor has no
control and i *y . U't d 1� y the completion of said work, the
Borough Man maat `ti :,'discretion, extend the period herein
before spec' fox " tie crftletion of the said work, and in such
case the Con ac 'r shal ,.. become liable for said liquidated damages
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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/Manufacturer.
The bonds given by the Contractor in the sum of 50% Payment Bond,
and 50% 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 have hereunto set
their hands and seals, the day and year first above written.
The terms of this agreement shall be from
200 .
KODIAK ISLAND BOROUGH
By C-1-9 - 21 ww
Rick Lord
Boroug L. Manager
to
CONTRACTOR
By
Woody Koning
EngineerinFacilities Director
Attest:
By
Title:
NO
♦ 0
0
-
Nova M . Javi r , CMC
Borough Cler
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