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FY2025-58 Women's Bay Road Service Area Contract With Brechan Construction LLCCONTRACTS TRANSMITTAL FORM RETENTION SCHEDULE: CL -09 CONTRACTS Records related to obligations under contracts, leases, and other agreements between the Borough and outside parties, successful bids, and proposals. Active records are kept by the corresponding department. Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention (plus 25 years) for agreements that involve real property. DATE: 06/18/25 TRANSMITTED BY: Patricia Valerlo DEPT: Engineering & Facilitie CONTRACT NO.: FY 2025- VENDOR OR CONTRACTOR: Brechan Construction LLC CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount): Women's Bay Road Service Area Administrative contracts are contracts approved by the manager that are within the spending authority allowed by code. Assembly approved contracts are beyond the manager's spending authority and require approval by the Assembly during a meeting. APPROVED BY: Assembly TYPE OF CONTRACT: Contract DATE OF APPROVAL: 06/06/25 PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW: Term: 7.1.2025 to 3.31.2027, Options for Ext. two additional 1 -year periods EXPIRATION OR REVIEW DATE: 04/01/2029 PURGE DATE: 04/01/2033 If there's no expiration date or the contract is open-ended, enter 9999 in the date field and explain when it should be flagged for review: Are all relevant attachments, exhibits, referenced documents attached? ❑1 Are the successful bids and proposals incorporated in the attachments? P1 ONLY COMPLETE THIS SECTION IF THE RECORD AMENDS, EXTENDS, IS A CHANGE ORDER, OR AN ADDENDUM TO AN EXISTING CONTRACT m7_r N Z CONTRACT NO.: FY REQUESTED BY: CATEGORY: Select One APPROVED BY: Select One TYPE OF CONTRACT: Select One PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW: EXPIRATION DATE: PURGE DATE: If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the process below on how or when it should be flagged for review. Rev. 04/09/2025 Page 1 of 34 KODIAK ISLAND BOROUGH INVITATION TO BID Women's Bay Road Service Area Contract FY2025-58 April 11, 2025 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 Page 2 of 34 �a Kodiak Island Borough Contract Documents Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 Table of Contents ContractDocuments...................................................................................................................................... 2 Invitationto Bid............................................................................................................................................ 3 Instructionsto Bidders.................................................................................................................................. 4 BidderRegistration Form............................................................................................................................. 8 AddendumAcknowledgement...................................................................................................................... 9 Finance Department Award Qualification..................................................................................................10 Non -Collusion Affidavit.............................................................................................................................11 BidSchedule...............................................................................................................................................12 Agreement...................................................................................................................................................18 Corporate Acknowledgement..................................................................................................................... 21 Contractor Certificate of Substantial Completion.......................................................................................22 ContractRelease......................................................................................................................................... 23 SpecialConditions...................................................................................................................................... 25 SC01 General Statement................................................................................................................. 26 SC02 Scope of Work....................................................................................................................... 26 SC03 Time of Completion.............................................................................................................. 27 SC03.1 Contract Extension.................................................................................................................27 SC03.2 Work Response Time.............................................................................................................27 SC04 Termination...........................................................................................................................28 SC05 Disputes.................................................................................................................................28 SC 06 Continuing Obligation of Contractor.................................................................................... 28 SC07 Documentation...................................................................................................................... 29 SC08 Suitable Materials..................................................................................................................29 SC 09 Special Equipment Requirements......................................................................................... 30 SC10 Labor Rates........................................................................................................................... 30 SC 11 Hazardous Waste Generation................................................................................................30 SC 12 Site Preservation, Restoration, Cleanup and Environmental Reporting ................................ 30 SC13 Permits...................................................................................................................................30 SC 14 Order of Award of Alternative Bids...................................................................................... 31 SC15 Payment.................................................................................................................................31 SC 16 References to Kodiak Island Borough General Conditions .................................................. 31 SC 17 Road Service Area Specifications......................................................................................... 31 Minimum Prevailing Wage Rates...............................................................................................................32 EXHIBIT A: Women's Bay Service Area Map.......................................................................................... 33 EXHIBIT B: Women's Bay Dumpster Locations...................................................................................... 34 Date: April 11, 2025 akE Kodiak Island Borough Invitation to Bid Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 This project includes, but is not necessarily limited to: Page 3 of 34 This work includes road maintenance within the Women's Bay Road Service Area of the Kodiak Island Borough. 1. Women's Bay Service Area Map (See Exhibit A) 2. Women's Bay Dumpster Pad Location Map (See Exhibit B) Sealed bids will be accepted until 2:00pm local time on May 14, 2025, at the Office of Finance, 710 Mill Bay Road, Kodiak, Alaska, 99615. The bids will be publicly opened and read at that time. A mandatory pre-bid conference will be held at the Kodiak Island Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, AK, 99615 on April 30, 2025, at 10:00am local time. All interested bidders are encouraged to attend this pre-bid conference and if attending shall submit a Bidder Registration Form prior to pre-bid conference to ensure receipt of notifications. Complete bidding documents for this project are available in electronic form on the Kodiak Island Borough website, www.kodiakak.us. They may be viewed online and downloaded without charge and without deposit. Deadline for questions is 12:OOpm local time May 2, 2025. Questions, clarifications, or interpretations of the Bidding Documents shall be made through a written request to the Project Manager at EFprojectsgkodiakak.us. Any required clarification or interpretation of the Bidding Documents will be made by Addendum, which will be posted on the Kodiak Island Borough website. Only registered bidders will receive notification that an addendum is available. For further information refer to the Instructions to Bidders. The Kodiak Island Borough reserves the right to reject or accept any or all bids, to cancel the procurement, to waive irregularities or informalities in the bid or in the bidding, to postpone the bid opening, and to give particular attention to the qualifications of the Bidder. The current minimum prevailing wage rates as published by the Alaska Department of Labor must be paid if required by law. If required, certified payrolls must be submitted to the Alaska Department of Labor. The requirement of the Alaska Employment Preference Act (AS 36.10) must be met. The Kodiak Island Borough encourages disadvantaged, minority, and women owned firms to respond to this invitation to bid. ADDENDUM KODIAK ISLAND BOROUGH Kodiak Island Borough Women's Bay Road Service Area Contract Kodiak, AK May 12, 2025. TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page QUALIFIED BIDDER LIST Bidders who attended the mandatory pre-bid meeting in alphabetical order: AIM Maintenance, LLC Brechan Construction, LLC MK Enterprises, LLC END OF ADDENDUM NO. 2 KODIAK ISLAND BOROUGH ADDENDUM NO. 2 Women's Bay Road Service Area Contract PAGE 1 ADDENDUM1 KODIAK ISLAND BOROUGH Kodiak Island Borough Women's Bay Road Service Area Contract Kodiak, AK May 9, 2025. TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 3 pages, and an attachment (4 pages total). RESPONSES TO BIDDER QUESTIONS: QUESTION 1: Is there a way to add a table to the bid documents to standardize the pricing and tracking of traffic control devises similar to the City of Kodiak's pricing schedule? RESPONSE 1: No, not during this invitation to bid cycle. QUESTION 2: Will Ashtoware be required for the submittal of the certified payrolls? RESPONSE 2: No, currently Ashtoware is only required for SOA DOT projects. However, if the state changes this during the contract period, KIB will be required to enforce the state regulations and requirements. QUESTION 3: During the pre-bid meeting there was some confusion regarding the $25,000.00 threshold for the prevailing wage to kick in. Can you please clarify that it is the KIB understanding as soon as the contract value exceeds $25,000.00 the rest of the contract wages will need to be paid at prevailing rates, excluding work performed in the 800 spec section? RESPONSE 3: Kodiak Island Borough expects contractors to follow Section 36.05.005 of the State of Alaska Pamphlets 400 & 600. For ease of tracking, Kodiak Island Borough would prefer if prevailing wages were paid from the start of the contract because the contracts will presumably go over the $25,000 threshold during the course of the two-year contract term. For work in the 800 spec section, prevailing wages will not be required either before or after the $25,000 mark. It should be noted that the non -prevailing wages do get added to the contract total to calculate when the contract total passes the $25,000 mark. QUESTION 4: Is it the KIB understanding that all wages that were paid before contract value exceed $25,000.00 for work performed outside the 800 spec section would then need to be retro paid and the certified payrolls be resubmitted to DOL if they were paid below the prevailing wage rate? RESPONSE 4: Yes. This is KIB's understanding, and we will be reviewing certified payroll documents as appropriate. QUESTION 5: Will the KIB be standardizing the billing cycle to bimonthly for these projects? RESPONSE 5: Monthly would be preferred. Certified pay rolls are due by Friday of every second week. KIB would like to align with this process and receive billing monthly. KODIAK ISLAND BOROUGH ADDENDUM NO. I Women's Bay Road Service Area Contract PAGE 1 QUESTION 6: Bid evaluation will be completed using the average of one hour multiplied by the unit price per unit is this correct? RESPONSE 6: Correct, with the exception of materials, which are based on the unit of measurement listed in the base bid. The total Base Bid Amount equals the average of the totaled average costs of the materials and equipment described in the base bid schedules listed in the following tables: REQUESTED ROUTINE MAINTENANCE WORK SERVICES BID table, the MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES BID table, EQUIPMENT RATE TABLE 1 (one), and EQUIPMENT RATE TABLE 2 (two). The lowest total base bid amount would be considered the lowest bid. QUESTION 7: Will asphalt materials and recycled asphalt material need to be added to the contracts? RESPONSE 7: Asphalt materials are covered by Division 400 of the 2025 KIB Road Service Area Specifications found here: 2025 -Standard -Specifications -for -Local -Road -Maintenance. If required, by work order, the basis of payment for those materials will be in accordance with 401-5.01 Basis of Payment, and the rates will be negotiated per project. QUESTION 8: Alt Bid 1 table is used for the tie breaker between two bids, what if one contractor does not add any equipment to the table would that mean the contractor was low or high? RESPONSE 8: If no equipment is listed, then the contractor will be viewed as the higher of the two because there are no equipment rates to quantify an average. QUESTION 9: Will the KIB enforce the snow gate requirements for the graders in the contracts? RESPONSE 9: Yes, KIB will enforce snow gate requirements as snow conditions permit their use. QUESTION 10: What type of snow chains are allowed on the contract? RESPONSE 10: No crossbar chains are allowed. Twisted links and cross-links are allowed. QUESTION 11: What about E-1 material for specific service areas? RESPONSE 11: The MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES within the base bid shall be updated as follows: Item No. Item Description Quantity Unit Unit Price Total Item Price 301 3-D1 ( ) CRUSHED AGGREGATE D-1 1 TON 3013-E1 ( ) CRUSHED AGGREGATE E-1 1 TON 301 (2) 2" MINUS 1 TON 301 (3) ROCK CHIPS 1 TON COST PLUS PROFIT 1 % Average Total Cost Material Rates Table $ Average Total Cost Material Rates Table in Word Form: Dollars Cents KODIAK ISLAND BOROUGH ADDENDUM NO. I Women's Bay Road Service Area Contract PAGE 2 QUESTION 12: Could we please see an example of the Work Order Form to be used? RESPONSE 12: Yes, please see it attached to this addendum: END OF ADDENDUM NO. 1 KODIAK ISLAND BOROUGH ADDENDUM NO. I Women's Bay Road Service Area Contract PAGE 3 KODIAK ISLAND BOROUGH Road Service Area Work Order Form SERVICE AREA SERVICE AREA BOARD or ENGINEERING & FACILITIES REVIEW Work Completed to Specifications and Description? DATE (work order submitted) COMMENTS: Name (Printed): DATE/TIME (for desired work to be completed) Date: CONTRACTOR RESPONSE (if required) LOCATION (of work to be completed) Name (Printed): Signature: DESCRIPTION OF WORK TO BE COMPLETED OTHER CONCERNS (DELAYS, SAFETY ISSUES, DISCUSSIONS, ETC.) REQUESTED BY: APPROVED BY: COMPLETED BY: Name (Printed): Name (Printed): Name (Printed): Position: Position: Position/Contractor: Signature: Signature: Signature: Date: Date: Date: POST WORK REVIEW SERVICE AREA BOARD or ENGINEERING & FACILITIES REVIEW Work Completed to Specifications and Description? YES / NO COMMENTS: Name (Printed): Signature: Date: CONTRACTOR RESPONSE (if required) COMMENTS: Name (Printed): Signature: Date: KODIAK ISLAND BOROUGH Women's Bay Road Service Area Contract ADDENDUM NO. 1 PAGE 4 «. Page 4 of 34 Kodiak Island Borough Instructions to Bidders Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 CAUTION: Your bid may be rejected if it is not properly executed. Check that the following items have been accomplished to help assure a responsive bid. Please read Sections 6 and 7 carefully. 1. Bidder Registration Form 2. Bid Form/Schedule A. The Bid Form/Schedule has been executed and signed. B. Addendum Acknowledgement Form has been executed and signed. 3. Alaska Business License, a of copy your current license must be included. 4. Alaska Contactor Certificate of Registration A. A copy of your current Alaska Contractor License of Registration in the bidder's name must be included with the bid. B. The Contractor is required to verify that the appropriate license(s) is in place prior to submitting their bid for the project's scope of work. 5. Finance Department Award Qualification Form 6. A bid may be rejected if it contains any alterations or erasures that are not initialed by the signer of the bid. 1.0 DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids, which are defined in the General Conditions, have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the Kodiak Island Borough (KIB), as distinct from a sub -bidder, who submits a Bid to a Bidder. 2.0 INTERPRETATIONS AND ADDENDA. a. INTERPRETATIONS. Clarification or interpretation of the Bidding Documents shall be made through a written request to the Project Manager at least five days prior to the date for receipt of bids (12:00pm local time on May 2, 2025). Questions received less than seven Days prior to the Deadline for Bids may not be answered. Only questions answered by formal written Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. b. ADDENDA. Interpretations, corrections, and changes of the Bidding Documents will be made by Addendum. Addenda will be made available through the Kodiak Island Borough website. Registered Bidders will receive notification that an addendum is available. Bidders are responsible for downloading the addendum from the Kodiak Island Borough website. 3.0 FAIR COMPETITION. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the KIB believes that any Bidder is interested in more than one Bid for the work contemplated, all Bids in which such Bidder is interested will be rejected. If the KIB believes that collusion exists among the Bidders, all Bids will be rejected. 4.0 RESPONSIBILITY OF BIDDERS. Only responsive Bids from responsible Bidders will be considered. A Bid submitted by a Bidder determined to be not responsible may be rejected. Page 5 of 34 .cze� Nothing contained in this section deprives the KIB of its discretion in determining the lowest responsible bidder. Before a Bid is considered for award, a Bidder may be requested to submit information documenting its ability and competency to perform the work, according to general standards of responsibility and any special standards which may apply. It is Bidder's responsibility to submit sufficient, relevant, and adequate information. KIB will make its determination of responsibility and has no obligation to request clarification or supplementary information. 5.0 NON-RESPONSIVE BIDS. Only responsive Bids will be considered. Bids may be considered non-responsive and may be rejected. Some of the reasons a Bid may be rejected for being non- responsive are: a. If a Bid is received by the KIB after the Deadline for Bids. b. If the Bid is on a form other than that furnished by the KIB, or legible copies thereof, or if the form is altered or any part thereof is detached; or if the Bid is improperly signed. c. If there are unauthorized additions, conditional or alternate Bids, or irregularities of any kind which may tend to make the bid incomplete, indefinite, ambiguous as to its meaning, or in conflict with the KIB's Bid document. d. If the Bidder adds any unauthorized conditions, limitations, or provisions reserving the right to accept or reject any award, or to enter into a contract pursuant to an award. This does not exclude a Bid limiting the maximum gross amount of awards acceptable to any one Bidder at any one Bid opening, provided that any selection of awards will be made by the KIB. e. If the Bid does not contain a Unit Price for each pay item listed, except in the case of authorized alternate pay items. f. If the Bidder has not acknowledged receipt of each Addendum. g. If any of the Unit Prices Bid are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the KIB. h. If a Bid modification does not conform to Article 10.0 of this Section. 6.0 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS. It is the responsibility of each Bidder before submitting a Bid: a. To examine thoroughly the Contract Documents, and other related data identified in the Bidding documents (including "technical data" referred to below): 1. To consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the work, 2. To study and carefully correlate the Bidder's observations with the Contract Documents, and other related data; and b. To notify the KIB of all conflicts, errors, or discrepancies in or between the Contract Documents and such other related data. c. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of Article 6.0, "Bidder's Examination of Contract Documents " herein, that without exception the Bid is premised upon performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 7.0 BID FORM/SCHEDULE. Page 6 of 34 a. Bids and bidding information shall be submitted on the Bid Form/Schedule and other documents provided and as stipulated in the Invitation to Bid. b. All blanks on the Bid Form/Schedule shall be filled out. c. All requested Alternates shall be bid. If no change in the Base Bid is required, enter "0." d. The Bidder shall make no stipulations on the bid form nor qualify the Bid in any other manner. e. All documents requiring a signature shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have the current power of attorney attached certifying the agent's authority to bind the Bidder. 8.0 SUBMISSION OF BIDS. All information required for bidding shall be submitted in accordance with the Invitation to Bid. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Oral, telephonic, telegraphic, facsimile or other transmitted bids will not be considered. Alteration of bids by facsimile may be permitted as provided in section 10.0(c). 9.0 DISCREPANCIES IN BIDS. In the event there is more than one Pay Item in a Bid Schedule, the Bidder shall furnish a price for all Pay Items in the schedule, and failure to do so may render the Bid non- responsive and cause its rejection. In the event there are Unit Price Pay Items in a Bid Schedule and the "amount" indicated for a Unit Price Bid Item does not equal the product of the Unit Price and quantity, the Unit Price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one Pay Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction. 10.0 BID MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. a. A Bid may not be modified, withdrawn, or canceled by the Bidder for 90 days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. b. Prior to the date and time designated for receipt of Bids, a Bid submitted may be modified or withdrawn by the Bidder. c. See the Bid Modification form which must be used to modify a bid after it has been submitted. The bid modification form may be delivered in person, by mail, fax (907-486-9394), or email to EFprojectsgkodiakak.us . The Bid Modification form must be received by the Contact Person no later than the deadline for bids. Modifications will be time and date stamped which will establish the official time of receipt of the Modification. The Modification must not reveal the bid price but should be in the form of an addition or subtraction or other modification so that final prices will not be known until the sealed bid is opened. Submittal by the bidder of any form other than the Bid Modification form included in this section may deem the modification unacceptable and be cause for the bid to be rejected. d. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. K 11.0 BID PROTESTS Page 7 of 34 A formal written protest shall be filed by an aggrieved bidder within ten (10) business days after announcement of the Notice of Intent to Award. Late protests shall not be considered. The written protest shall, at a minimum, include the following: • Name, address, and phone number of protesting contractor; • Authorized signature of the protesting contractor, or the contractor's representative; • Identification of the proposed award; • Copies of all relevant documents; • Reason for the bid protest. Protests will be evaluated by the BOROUGH MANAGER. The decision of the BOROUGH MANAGER shall be final. 12.0 AWARD OF CONTRACT. Award of a contract, if it is awarded, will be based on the average of the totaled average costs of the materials and equipment described in the base bid schedule tables listed: REQUESTED ROUTINE MAINTENANCE WORK SERVICES BID table, the MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES BID table, EQUIPMENT RATE TABLE 1 (one), and EQUIPMENT RATE TABLE 2 (two). Award will be made to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed. If there is a tie between two bidders, the lowest average cost of the Alternative Bid 1 will determine the successful bidder. Unless otherwise specified, any such award will be made within the period stated in the Invitation to Bid that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid Schedule. If the KIB has elected to advertise this Project with a Base Bid and Alternates, the KIB may elect to award the contract for the Base Bid, or the Base Bid in combination with one or more Alternates selected by the KIB. In either case, award shall be made to the responsive, responsible bidder offering the lowest total Bid for the work to be awarded. The KIB reserves the right to cancel the procurement without liability to the bidder, except return of the bid security (if applicable), at any time before the Agreement has been fully signed by all parties, including the KIB. 13.0 COMPLIANCE In the performance of a contract that results from this ITB, the contractor must comply with all applicable federal, state, borough and other local regulations, codes, and laws, and be responsible for all required insurance, licenses, permits, and bonds. 14.0 INDEFINITE QUANTITY The award of this bid shall result in an indefinite quantity contract for the items solicited. Award will be contingent upon availability of funds. The KIB reserves the right to make additional purchases of substantially similar units for a period of two (2) years from the date of award. The option to make future purchases is the unilateral right of the KIB. i-A Page 8 of 34 Kodiak Island Borough Bidder Registration Form Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* FY2025-58 In order to receive addenda and any other information which may impact the bid time or quantities, bidder shall fill out the contact information below and return to the Kodiak Island Borough. Name of Company: Brechan Construction, LLC Contact Name: Jascha Zbitnoff Address: 2705 Mill Bay Rd. Phone Number: 907-486-3215 Fax Number: 907-486-4889 Email: jascha@brechan.com Return this form via fax, email, regular mail, or hand delivered to the following location: Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6398 Phone: (907) 486-9341 Fax: (907) 486-9394 EFproj ects(2kodiakak. us 9na a a, Page 9 of 34 Kodiak Island Borough Addendum Acknowledgement Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* FY2025-58 The bidder acknowledges receipt of the following addenda and certifies that their contents have been considered in the preparation of this Bid. If there are no addendums please state NONE above your name. Addendum Number 1 Dated 5/9/2025 Initials JZ Addendum Number 2 Dated 5/12/2025 Initials JZ Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Brechan Construction, LLC Jascha Zbitnoff Company Name Authorizing Name 5/14/2025 Date Vice President - Operations Manager Title re a Page 10 of 34 Kodiak Island Borough Finance Department Award Qualification Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* FY2025-58 KIB Code 3.30.115 A. The borough shall not award a contract or purchase order to any person, corporation, or other business entity who is delinquent in paying (1) any tax levied by the Borough; (2) any special assessment levied by the Borough; (3) any charge for utility or municipal waste services; or (4) any other borough fee due under the code, unless the person, corporation, or other business entity cures the delinquency within 30 days after the mailing of written notice of the delinquency. B. The borough may terminate any contract or purchase order if the person, corporation, or other business entity and, in the case of closely held business, their legal principals or officers, becomes delinquent in payment of any items listed in subsection (A) of this section, unless the delinquency is cured within 30 days after mailing of written notice as above. REVIEW DATE: 5/14=25 BYtAw Z Vice President - Operations Manager s Signature Position VENDOR/CONTRACTOR: Brechan Construction, LLC ADDRESS: 2705 Mill Bay Rd. Upon review the vendor/contractor's account records indicate (check one) ❑ compliance with KIBC 3.30.115 A. and B. or ❑ a delinquency according to KIB financial records Please route back to: Name Department Requested return date: Reviewer comments: Kodiak Island Borough Non -Collusion Affidavit Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* FY2025-58 (to be executed prior to award) UNITED STATES OF AMERICA Page 11 of 34 )SS. STATE OF ALASKA ) I, Jascha Zbitnoff of Brechan Construction, LLC being duly sworn, do depose and state: I, or the firm, association, or corporation of which I am a member, a bidder on the Contract to be awarded, by the Kodiak Island Borough, Alaska, for the construction of that certain construction project designated as: Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* Located at Kodiak in the State of Alaska, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding i connectio with such Contract. Signature Subscribed and sworn to this 14th day of May 20 25 Notary Public My Commission Expires:/'1 ►ti �. d- F ATE, OF ALASKANOTARY PUBLIC"`Aaron T. Hocum Commission Expires Aug 16, 2028 x roa Page 12 of 34 Kodiak Island Borough Bid Schedule Page 1 of ## Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* FY2025-58 Base Bid REQUESTED ROUTINE MAINTENANCE WORK SERVICES Spec Item pay Item Description Quantity Unit Unit Price Total Item Price 301 (2) 2" MINUS ON No. 301 (3 -EI) ROCK CHIPS TON SNOW REMOVAL W/ COST PLUS PROFIT age Tota aterial Rates Table $ 803 (2A) GRADER & CHAINS Each HOUR $263.00 $263.00 SNOW REMOVAL W/ 803 (3a) PLOW TRUCK Each HOUR $188.00 $188.00 HARDPACK REMOVAL 803 (4) W/ ICE BLADES Each HOUR $263.00 $263.00 SANDING OF ROADWAYS 804(l) W/ 8YD SANDER Each HOUR $232.00 $232.00 SANDING OF ROADWAYS 804 (1) W/ 2.5-5YD SANDER Each HOUR $188.00 $188.00 811 (3) BLADE ROAD Each HOUR $275.00 $275.00 845(l) MACHINE CLEARING Each HOUR $329.00 $329.00 845 (2) HAND CLEARING Each MAN- $143.00 $143.00 HOUR Average Total Cost Routine Maintenance Rates Table $ 235.13 Average Total Cost Routine Maintenance Rates Table in Word Form: Two -Hundred -Thirty -Five Dollars Thirteen Cents MATERIALS RE ED PUBLIC CONSTRUCTIONJ&K SERVICES Item No. Item Descn Ouantiky Unit it Price Total Item Price 301 (3 -EI) CRUSHED AGGREGA I GRADING D-1 301 (2) 2" MINUS ON 301 (3 -EI) ROCK CHIPS TON COST PLUS PROFIT age Tota aterial Rates Table $ Average Total Cost Material Rates ord Form: D Cents w IV QUESTIOA191&d evaluation will be completed using the average of one hour mu price per correct? R Correct, with the exception of materials, which are mea in the base bid. The total Base Bid AA totaled of the materials and equipment delisted int les: REQUESTED ROUTINE MBID table, t REQUESTED PUBLIC CONBID table, EQ TABLE 1 (one), and EQUI lowest total base uld be considered the I QUESTION 7: Will asphalt mat led asphalt RESPONSE 7: Asphalt mat e Area Specifications found here. If required, by work order, the bas 401-5.01 Basis of Payment, and the QUESTION 8: Alt Bid 1 table is used f does not add any equipment to the to unit Fnit of f the dules CES RK SERVICES LE 2 (two). The added to the contracts? of the 2025 KIB Road Service ons -for -Local -Road -Mai ntenance. materials will be in accordance with ted per project. two bids, what if one contractor actor was low or high? RESPONSE 8: If no eq then th the two because ther ent rates to q QUESTION 9: Will the K now gate requirements RESPONS ill enforce snow gate requirements use. QUESTION of snow chains are allowed on the contract? be viewed as the higher of RES -No crossbar chains are allowed. Twisted links and cross-li the contracts? 6.Pns permit their QUESTI0I74RPnWhat about E-1 material for specific service areas? RESPONSE 11: The MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES within the base bid shall be updated as follows: Item No. Item Description Quantity Unit Unit Price Total Item Price 301 (3-D1) CRUSHED AGGREGATE D-1 1 TON $21.00 $21.00 301 (3-E1) CRUSHED AGGREGATE E-1 1 TON $25.00 $25.00 301 (2) 2" MINUS 1 TON $19.00 $19.00 301 (3) ROCK CHIPS 1 TON $30.50 $30.50 COST PLUS PROFIT 1 % 20 20 Average Total Cost Material Rates Table $23.88 Average Total Cost Material Rates Table in Word Form: Twenty -Three Dollars Eighty -Eight Cents KODIAK ISLAND BOROUGH ADDENDUM NO. 1 Women's Bay Road Service Area Contract PAGE 2 9- ... Page 13 of 34 LABOR & EQUIPMENT RATES In addition to the bid items listed above, supply hourly wage rates for the equipment and labor listed below. These rates will be used to fulfill Work Orders. Hourly equipment rates include a competent operator, fuel, insurance, equipment, mobilization, demobilization, profit, overhead and any other costs incurred by the Contractor in performing other work. The Contractor will be paid a minimum of two (2) hours for each piece of equipment responding to call out. Hourly labor rate includes a competent laborer, travel to and from the work area, small hand and power tools (i.e. shovels, rakes, chain saw, cut off saw, etc.), insurance, profit, overhead and any other costs incurred by the Contractor in performing other work. The Contractor will be paid a minimum of two (2) hours for each laborer responding to call out. See tables on the following pages. v« Page 14 of 34 e Equipment Rate Table 1 FY2025-58 These rates are for all NON -PREVAILING WAGE Work Order quotes and will be used to determine the contract award. EQUIPMENT TYPE 155< HP Grader 156> HP Grader 8-10 Cy Sander 3- 5 CY Sander 10-12 CY End Dump Front End Loader CY 2.5-4.5 Pickup Truck w/Laborer Dump Truck with Tilt Deck Trailer Single Vibratory Drum 84" 10-12 Ton Steel Roller Water Truck 2000 Gallon 75 HP > Dozer Street Sweeper or Skid Steer with Pickup Broom or Kickoff Broom Mini / 6 Ton Excavator Track Hoe 12 Ton Steel Track Track Hoe 20 Ton Steel Track Labor Rate MAKE/DESCRIPTION Cat 14G/ 730A Champion Cat 16G SaltDogg 13.5 CY Sander SaltDogg 3 CY Sander Kenworth T800 Komatsu WA320 Ford F150 Kenworth T800/Cross Country Tilt Hamm 3516 Ford F750 Dresser TD7H Walden Kickoff Broom Cat 305.5 Cat 311 Cat 320 MODEL/YEAR 1985/1992 1984 2025 2025 2000-2006 2008 2004-2020 000-2006/2021 HOURLY EQUIP RATE $254.00 $296.00 $232.00 $188.00 $198.00 $180.00 $137.00 $224.00 2014 $216.00 2022 $192.00 1999 $174.00 1996 2014 2004 2023 Laborer Group 1 N/A Average Total Equipment Rate of Table 1 $ Average Total Equipment Rate of Table 1 in Word Form: One-Hundred-Ninty-One Dollars $144.00 $162.00 $162.00 $198.00 $101.00 191.13 Thirteen Cents Equipment Rate Table 2 FY20205-58 Page 15 of 34 These rates are for Title 36 Prevailing Wage Work Order quotes and will be used to determine the contract award. AS 36.05.010 RATES APPLY EQUIPMENT TYPE MAKE/DESCRIPTION MODELIYEAR HOURLY EQUIP RATE 155< HP Grader Cat 14G/ 730A Champion 1985/1992 $254.00 156> HP Grader Cat 16G 1984 $296.00 8-10 Cy Sander SaltDogg 13.5 CY Sander 2025 $232.00 3- 5 CY Sander SaltDogg 3 CY Sander 2025 $188.00 10-12 CY End Dump Kenworth T800 2000-2006 $198.00 Front End Loader CY Komatsu WA320 2008 $180.00 2.5-4.5 Pickup Truckw/Laborer Ford F150 2004-2020 $137.00 Dump Truck with Tilt Kenworth T800/Cross Country Tilt 2000-2006/2020 $224.00 Deck Trailer Single Vibratory Drum 84" 10-12 Ton Steel Hamm 3516 2014 $216.00 Roller Water Truck 2000 Ford F750 2022 $192.00 Gallon 75 HP > Dozer Dresser TD7H 1999 $174.00 Street Sweeper or Skid Steer with Pickup Walden Kickoff Broom 1996 $144.00 Broom or Kickoff Broom Mini / 6 Ton Excavator Cat 305.5 2014 $162.00 Track Hoe 12 Ton Steel Track Cat 311 2004 $162.00 Track Hoe 20 Ton Steel Track Cat 320 2023 $198.00 Labor Rate Laborer Group 1 N/A $101.00 Average Total Equipment Rate of Table 2 $ 191.13 Average Total Equipment Rate of Table 2 in Word Form: One-Hundred-Ninty-One Dollars Thirteen Cents 14 Page 16 of 34 00 ALTERNATE BID 1 Equipment Rate Table 3 FY2025-58 CONTRACTOR: List other equipment and rates that may be of use to this road service area. These rates shall be used for Work Order quotes and WILL NOT be used to determine the contract award, unless there is a tie. If there is a tie between two bidders, the lowest average cost of the Alternative Bid 1 will determine the successful bidder. EQUIPMENT TYPE MAKE/DESCRIPTION MODEL/YEAR HOURLY EQUIP RATE Vaccuum Sweeper Truck Elgin Whirlwind Sweeper Truck 2005 $305.00 Skid Steer / No Attachments Kubota SVL97-2 Skidsteer 2025 $181.00 Backhoe John Deer 310 2008 $172.00 Paver Cat AP655C Paver 2004 $353.00 Milling Machine Roadtec RX600 Rotomill 2015 $638.00 Double Drum Roller Ingersol Rand DD 38 Roller 2002 $184.00 Double Drum Roller Ingersol Rand DD90 Roller 1994 $213.00 Large Dozer Cat D8R Dozer 1997 $282.00 50 Ton Excavator Cat 349 Excavator 2014 $276.00 Average Total Equipment Rate of Table 3 $ 289.33 Average Total Equipment Rate of Table 3 in Word Form: Two -Hundred -Eighty -Nine Dollars Thirty -Three Cents �°�troe� Page 17 of 34 a Kodiak Island Borough Bid Schedule Page 6 of ## Project: Women's Bay Road Service Area Contract Contract Number: *Contract Number* FY2025-58 Total Base Bid Amount equals the average of the totaled average costs of the materials and equipment described in the base bid schedules listed in the following tables: REQUESTED ROUTINE MAINTENANCE WORK SERVICES BID table, the MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES BID table, EQUIPMENT RATE TABLE 1 (one), and EQUIPMENT RATE TABLE 2 (two). TOTAL BASE BID Two -Hundred -Thirty -Five nnllarc Thirteen 235.13 1 _ �.,ZwJ0 ,ate►% :� 1 ca - 3► c&- 1, Jascha Zbitnoff hereinafter called Bidder, an individual doing business asBrechan Construction, LLC (strike out inapplicable words:) a partnership, a corporation incorporated in the State of Alaska, a joint venture, hereby submits this bid and agrees: to hold this bid open for ninety (90) days, to accept the provisions of the Instruction to Bidders, to accomplish the work in accordance with the contract documents, plans, specifications, for the lump sum and unit price amounts as set forth in this bid schedule. Respectfully submitted this 14th BIDDER: Brechan Construction, LLC Company Name 2705 Mill Bay Rd. Address Kodiak, AK 99615 Kodiak Island Borough, State, Zip Code 907-486-3215 Telephone Number 47-1683057 Federal I.D. or S.S.N. day of May , 202 5 Jascha Zbitnoff Authorizing Name Vice President - O,p&rptions Manager Title Signature jascha@brechan.com Email Address CORPORATE SEAL AT Signature of Corporate Sec. Aotrc7 Y'�_ Print Name 'o �i� +''x.;10 I �51 State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Professional Licenses / License Details LICENSE DETAILS This serves as primary source verification' of the license. ' w` Y License #: CONE39993 Program: Construction Contractors Type: General Contractor Without Residential Contractor Endorsement Status: Active DBA: Brechan Construction, LLC Issue Date: 01/28/2015 Effective Date: 10/28/2024 Expiration Date: 09/30/2026 Mailing Address: KODIAK, AK, UNITED STATES 'Primary Source verification: License information provided by the Alaska Division of Corporations, Business and Professional Licensing, per AS 08 and 12 AAC. Owners Brechan Construction, LLC 10004895 Relationships No Relationships Found Designations No Designations Found Agreements & Actions No Agreements Or Actions 4/16/2025 8:57:33 AM (Alaskan Daylight Time) COPYRIGHT@ STATE OF ALASKA -DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT - CONTACT US TU 4+ c 0 E CL O d m 0 �E O c O 0 W C R C E O ai L E O O C R CL d 0 R Y H R 0 0 U J J Z 0 F— U ND vN ''w ! Z 0 U Z TQ i U LUw CIO LO rn Y Q Y Q 0 0 Q m J J O r - N m 3 0 U J J Z O p U V) Z O U Q U w x c0 t 0 N N 0 ,.:o N m � E'8 a m c 004= 0 c N O O w N (D O c 0 t5 O U cr) N m >� �m r� o� m o 3 m� g �m o y � h 0 o m C O c y N ® � C 0 m m 0-0 H l0 O; C m a N 20 o €o 0. IV CL m E m:5 c_m cMr YID N m m as C CD 0 m �a m's j 12 `n v0,3 EU) He c v 0 M CL mE my m E S FL- = -10 a CJ 0 LL � � mcc W a c� U LU 1n�yi�1 Y l9 m balm Y LL Lr) N O N c -i Lr) O C lD .. LL ro 4 m < O O O c N U G O - N a� O v m U J J C O U U-) SP1 c rn m c m I U Y Q lD 00 Ln .10 v 0 p O m N Y a �A Page 18 of 34 Kodiak Island Borough Agreement Page 1 of 3 Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Brechan Construction, LLC Company Name ("Contractor") 2705 Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, Kodiak Island Borough, State, Zip) a/an ❑ Individual x❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑Corporation incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above - referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. 2. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall be based on the prices set forth in the proposal. The Contractor hereby agrees to receive the prices set forth in the proposals 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. The Parties acknowledge that funds for the payment of this contract are subject to the availability of funds lawfully appropriated for that purpose. 4. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough. [The Borough's signature below shall constitute notice to proceed.] «: Page 19 of 34 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, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial completion of an individual phase and the actual date of completion of that phase in accordance with the terms hereof, such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. 5. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. 6. For purposes of this Contract, Contracting Officer means Engineering & Facilities Director or designee, or any other person designated by the Borough Manager. 7. The Contractor is an independent contractor and not an employee or agent of the Borough. 8. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract which can be found at Projects Office I Kodiak Island, AK - Official Website, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Special Conditions, and the following listed documents: (1) Invitation to Bid, dated 04/11/2025; (2) Bidder Submission, dated 05/14/2025. Page 20 of 34 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. KODIAK ISLAND BOROUGH Sig-�ylla nature of Borough Manager Ai "c V`I tXwl-s Printed Name �ob Date /�f Borough Clerk(Attest) ROAD SERVICE AREA CHAIR PERSON Le qA6 Si/gnatureCha' Pe (on C 6( e Printed Nkme of/Chair PLAon OF/as Date CONTRACTOR �►Z.�iLiAN, li�N�"��1�� L.I,�C . Company Name ure of Authorized Representative J A-n� "A-ZZ1ZWDAC Printed Name of Authorized Representative (o I I Date NWOI ' Qe� Kodiak Island Borough Corporate Acknowledgment (Not Required) Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 (To be filled in when Contract is executed in behalf of Corporation) UNITED STATES OF AMERICA ) )SS. STATE OF ALASKA ) The foregoing instrument was acknowledged before me this _ day of , 20 (Name of Officer) (Name of Corporation) (State of Incorporation) Notary Public My Commission Expires: (Title of Officer) Corporation, on behalf of said Corporation. Page 21 of 34 f f*r *¢ Page 22 of 34 Kodiak Island Borough Contractor Certificate of Substantial Completion For Future Use Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 CONTRACTOR: This is to certify that I, am a duly authorized official of the said CONTRACTOR working in the capacity of , and in my official capacity Kodiak Island Borough representing said CONTRACTOR do hereby certify as follows: 1. The work of the subject Contract above has been performed, and materials used and installed in accordance with and in conformity to, the Contract Drawings, Contract Specifications, Kodiak Island Borough General Conditions and Special Conditions. 2. The Contract work is now substantially complete in all parts and requirements. 3. I understand that neither the determination by the Engineer --Architect that the work is substantially complete nor the acceptance thereof by the KIB shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents. 4. The work to which this Certificate applies has been properly inspected and that work is hereby declared to be substantially complete in accordance with the Contract Documents. 5. The date of Substantial Completion is the date upon which all guarantees and warranties begin. 6. The KIB accepts the Project or specified area as described under "REMARKS," of the Project as substantially complete and will assume full possession of the Project or specified area of the Project at (time) on day, , 202_. CONTRACTOR (Signature) (Title) Date REMARKS: KODIAK ISLAND BOROUGH, OWNER Engineering & Facilities Director Date *. Page 23 of 34 Kodiak Island Borough Contract Release Page 1 of 2 For Future Use Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 The undersigned, for itself, its successors in interest, assigns trustees, administrators, subcontractors, suppliers, and laborers do hereby release and forever discharge the KODIAK ISLAND BOROUGH, ALASKA a municipal corporation, from all actions, causes of actions, suits, controversies, claims, damages and demands of every kind and nature, mature or to mature in the future, for and by reason of any matter, thing or claim arising out of the following Contract: Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 The undersigned also intends hereby to discharge the Kodiak Island Borough from all liability for any and all damages or injuries presently undiscovered or unanticipated. The undersigned's intention hereby is to waive any right it may subsequently have to set aside this release under the doctrine of Witt v. Watkins, 579 P.2d 1065 (Alaska 1978). The undersigned further agrees to defend, indemnify and hold harmless the Kodiak Island Borough against any claims, liens, or causes of action arising under or by virtue of this Contract, including, but not limited to, any claim that the undersigned, any successor in interest, assignee, trustee, administrator, subcontractor, supplier or laborer of the undersigned or any other person might make or claim that he could possibly make against the Kodiak Island Borough. The undersigned certifies that he has not assigned any amounts payable under this Contract to anyone. The undersigned hereby declares that the terms of this RELEASE have been completely read and are fully understood, and said terms are voluntarily accepted for the purpose of making a full and final release of any and all claims, disputed or otherwise, arising under or by virtue of this Contract. *. Page 24 of 34 Kodiak Island Borough Contract Release Page 2 of 2 Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ,20 COMPANY SIGNATURE STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 20 , before me, Notary Public in and for the State of Alaska, personally appeared of , known to me to be its and acknowledged to me that he has read this foregoing RELEASE and knew contents thereof to be true and correct to the best of his knowledge and belief, and that he signed the same freely and voluntarily for the uses and purposes therein mentioned, and that he was duly authorized to execute the foregoing document according to the Bylaws or by Resolutions of said corporation. WITNESS my hand and notarial seal this day of 920 Notary Public in and for Alaska My Commission expires: Page 25 of 34 Kodiak Island Borough Special Conditions Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 Table of Contents Section Title Pale ScO1 General Statement..................................................................................................................... 26 SC02 Scope of Work........................................................................................................................... 26 SC03 Time of Completion..................................................................................................................27 SC03.1 Contract Extension.....................................................................................................................27 SC03.2 Work Response Time.................................................................................................................27 SC04 Termination............................................................................................................................... 28 SC05 Disputes..................................................................................................................................... 28 SC 06 Continuing Obligation of Contractor......................................................................................... 28 SC07 Documentation.......................................................................................................................... 29 SC08 Suitable Materials......................................................................................................................29 SC 09 Special Equipment Requirements..............................................................................................30 SC10 Labor Rates................................................................................................................................ 30 Sc 11 Hazardous Waste Generation.................................................................................................... 30 SC 12 Site Preservation, Restoration, Cleanup and Environmental Reporting....................................30 SC13 Permits.......................................................................................................................................30 SC 14 Order of Award of Alternative Bids.......................................................................................... 31 SC15 Payment.....................................................................................................................................31 SC 16 References to Kodiak Island Borough General Conditions.......................................................31 SC 17 Road Service Area Specifications............................................................................................. 31 "*.* Page 26 of 34 Kodiak Island Borough Special Conditions SC O1 General Statement The Special conditions set forth conditions and requirements unique to this Project and are supplemental to, and supersede, the Kodiak Island Borough "General Conditions." SC 02 Scope of Work The Scope of Work of the Base Bid of this Contract shall include providing all labor, materials, tools, equipment, transportation, supervision and facilities necessary to: conduct road maintenance, ice control and snow removal within the Women's Bay Road Service Area of the Kodiak Island Borough. This work also includes the locations where dumpsters are located within the service area. 1. Women's Bay Service Area Map (See Exhibit A) 2. Women's Bay Dumpster Pad Location Map (See Exhibit B) All work completed in the RSA must follow the Road Service Area Specifications, which can be found in SC 17 Road Service Area Specifications. Base Bid Provide all labor, materials, tools, equipment, transportation, supervision, and facilities necessary to conduct road maintenance, ice control and snow removal within the Women's Bay Road Service Area of the Kodiak Island Borough Road. 1. Women's Bay Service Area Map (See Exhibit A) 2. Women's Bay Dumpster Pad Location Map (See Exhibit B) Items include those listed in the following Bid Schedule Tables, REQUESTED ROUTINE MAINTENANCE WORK SERVICES BID table, the MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES BID table, EQUIPMENT RATE TABLE 1 (one), and EQUIPMENT RATE TABLE 2 (two). The exhibits attached provide a visual of all the RSA roads covered by this contract. Contractor is NOT authorized to perform any work on roads not identified in the Exhibits. The contractor will be notified of any changes in the approved RSA. If any change in the approved RSA occurs during the life of the contract, the Borough shall provide an updated Exhibit of all RSA roads covered by the contract. The RSA Board or the Engineering and Facilities Director will call -out or provide a Work Order for dumpster pad areas that require snow removal, ice control, maintenance, and repair services. The successful Bidder for this specific RSA will be the contractor responsible for the Dumpster pad located in the RSA. However, the funding for dumpster pads will be supplied by the Landfill fund, due to the dumpster pads being an extension of the Landfill operation. Alternate Bid(s) The Scope of Work of the Additive Alternate No. 1, in addition to the bid items listed in the EQUIPMENT TABLE 3 (three), supply hourly wage rates for the equipment and labor listed below. These rates will be used to fulfill Work Orders. Hourly equipment rates include a competent operator, fuel, insurance, equipment, mobilization, demobilization, profit, overhead and any other costs incurred by the Contractor in performing other work. The Contractor will be paid a minimum of two (2) hours for each piece of equipment responding to call out. Hourly labor rate includes a competent laborer, travel to and from the work area, small hand and *. Page 27 of 34 power tools (i.e. shovels, rakes, chain saw, cut off saw, etc.), insurance, profit, overhead and any other costs incurred by the Contractor in performing other work. The Contractor will be paid a minimum of two (2) hours for each laborer responding to a call out. These rates shall be used for Work Order quotes and will not be used to determine the contract award, unless there is a tie. If there is a tie between two bidders, the lowest average cost of the Alternative Bid 1 will determine the successful bidder. SC 03 Time of Completion The Term of the contact is for an initial two-year period from July 1, 2025, until March 31, 2027. The Borough reserves the option to renew a contract resulting from this solicitation upon written agreement of both Parties for two (2) additional one-year periods. All renewals are to be for a period of one year at the same terms, conditions, and price set forth herein. All renewals must reflect the correct Prevailing Wage Pamphlet rates, for more information please refer to Minimum Prevailing Wage Rates section. However, the Contractor, at least 90 days prior to the contract anniversary date, may request, in writing, changes to the terms, conditions, and pricing, other than those based upon the change in CPI. Approved changes do not constitute substantial changes to the contract and must be supported with appropriate written documentation. The approval of any change(s) is at the sole determination of the Borough, the contract administrator. If the contract is renewed, the yearly contract renewal period unit prices will be adjusted to the percentage change of the U.S. Department of Labor Consumer Price Index (CPI), Urban Kodiak, for the twelve- month period preceding the contract renewal date of July 1. However, if the CPI is negative, unit prices from the current contract period will prevail. SC 03.1 Contract Extension If additional extensions are needed outside the renewals outlined in the section above, the Kodiak Island Borough and the successful bidder agree: 1. That the Borough may extend the term of the contract on a month-to-month basis at the same rates specified in the contract at the end of the initial performance period, or the end of any exercised renewal; 2. Any such extension shall not exceed 6 months; 3. All other terms and conditions shall remain in full force and effect; and 4. To provide written notice to the other party of the intent to cancel such month-to-month extension at least 30 days before the desired date of cancellation. If the Borough provides a notice of extension, the Contractor shall accept or reject the extension within thirty (30) days of the date the notice is sent by the Borough. The parties may mutually agree to continue services after expiration of the final term on a month-to-month basis on the same rates until a new contract can be awarded or 6 months, whichever comes first. SC 03.2 Work Response Time The Contractor is responsible for responding to all RSA or Borough initiated maintenance calls within the time noted in the specifications. If there is no time response in the specification, the Contractor shall respond within fourteen (14) days. If the RSA or Borough agrees, the work may be scheduled for a later time. A. Maintenance: The Contractor shall begin corrective work no later than 8:00 am. of the second day following receipt of directive for correction on non -emergency problems and two hours after notification for snow removal/sanding and other emergency problems. Any equipment warm-up must be completed prior to the Standard Work Time. Page 28 of 34 B. Repairs: The RSA or Borough, through the Borough Manager or designee, may request repairs in accordance with a written Work Order to be dated and signed by both parties. The work order system may also be implemented upon request through the Borough Manager or designee by the RSA or the Contractor to help settle disputes between the two parties. C. Non-exclusive Work: If the Contractor does not respond to a non -emergency work order in a timely manner, the RSA, the Borough, or Borough Manager or designee may utilize a Contractor from one of the other service areas or a KIB facilities' contractor to respond to the work order. In an emergency, or if there is a reasonable possibility that Contractor may not be able to timely or adequately perform, the RSA, the Borough, or Borough Manager or designee may contract with the second bidder on the bidding list for the purposes of a backup contractor. All contractors shall supply contact numbers for 24-hour service (cell, pager) that will allow the RSA, the Borough, or Borough Manager or designee, to contact the Contractor or his designee anytime during the contract period. SC 04 Termination Both parties may agree in writing to terminate this agreement at any time. Either party may terminate the contract if the other party fails to perform in the manner called for in the contract. The Borough may terminate the contract for its own convenience on thirty (30) days written notice; the agreement will terminate if the Borough Assembly fails to appropriate necessary funds or repeals all or substantially all of the appropriations which fund this agreement. In case of default by the Contractor, for any reason whatsoever, the Borough may procure the goods or services from another source and hold the Contractor responsible for any resulting excess cost or other remedies under law or equity. If this contract is terminated, the Contractor has no further duty to perform other than that work reasonably necessary to stop work in a safe and workmanlike manner. Likewise, if this contract is terminated, the Borough has no further duty to pay the Contractor except for the work satisfactorily completed or goods delivered and accepted, as of the date of termination, and the additional work completed as being reasonably necessary to stop work in a safe and workmanlike manner. SC 05 Disputes Any dispute arising out of a contract resulting from this ITB shall be considered by the Borough Manager. The Borough Manager retains the right to consult with the Borough Attorney to obtain legal advice about the issue that arises. Once a decision by the Borough Manager has been made, the Manager will issue a memorandum of their decision in writing to all the concerned parties. Any dispute arising out of a contract resulting from this ITB shall be resolved under the laws of Alaska. Any appeal of an administrative order and any original action to enforce any provision of a contract resulting from this ITB or to obtain any relief from remedy in connection with said contract may be brought only in the Superior Court for the [Kodiak] Third Judicial District of Alaska. SC 06 Continuing Obligation of Contractor Notwithstanding the expiration date of a contract resulting from this ITB, the Contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance, and parts availability requirements have completely expired. Page 29 of 34 cte� SC 07 Documentation ITB Required Documentation: 1. Addendum Acknowledgement 2. Non -Collusion Affidavit 3. Bid Form/Schedule 4. Alaska Business License 5. Alaska Contractor License/Certificate 6. Corporate Acknowledgement Invoice Documentation: Contractor shall keep logs of maintenance performed, including road name; hours worked; type of work performed, and date of work. The Contractor shall provide documentation along with the submitted invoice; 1. Invoice detailed listing of work completed, 2. Work Order requesting the work signed by the RSA Chair or designee, 3. Employee's signed time card for work invoiced, 4. Contractor's Daily Logs for the work invoiced, 5. Metered Equipment Hours for work invoiced, 6. Field notes on work completed or in -progress. Order of Precedence: 1. Work Orders 2. Change Orders 3. Agreement 4. Addenda 5. Special Conditions 6. Road Service Area Specifications 7. General Conditions 8. State of Alaska Standard Specifications for Highway Construction 9. Engineering Specifications 10. Contract Drawings 11. Construction Schedule 12. Invitation to Bid 13. Proposal as Accepted SC 08 Suitable Materials Unless otherwise specified, all materials, supplies, or equipment offered by a bidder shall be new, unused, of recent manufacture, and suitable for the manufacturer's intended purpose. For all Borough approved materials actually used in the work, the Contractor shall be reimbursed at rates set forth in the Bid Schedules. Material transportation costs shall be provided for under the equipment rates. The bidder warrants all articles, materials, and equipment supplied under a contract resulting from this bid conform to the specifications of this contract, to be fit and sufficient for the use specified, to be of merchantable quality, and to be free from defect of materials or workmanship. Equipment, articles, and/or materials received which do not conform to the above warranties may be held at the bidder's risk of loss or damages or returned at the bidder's expense at the discretion of the KIB. Qin SC 09 Special Equipment Requirements Page 30 of 34 All equipment listed in the equipment schedule must be in good working condition suitable for the purpose for which the equipment is to be used. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made, therefore. Women's Bay has special equipment requirements as noted below: 1. The Contractor is required to have a minimum of two (2) graders with a minimum of fourteen (14) foot blades with snow gates and chains. 2. The Contractor is required to have a minimum of two (2) loaders, which 1 must be a minimum of 2.5 cubic yard capacity and the 1 that must be a minimum of 2.5 cubic yard capacity with an angle blade attachment. 3. The Contractor is required to have a minimum of two (2) sanders available with the primary sander having a minimum of 8 -yard capacity; the second sander may have a minimum of a 2 - yard capacity. The sanders must be suitable for spreading D1 or El, rock chips, sand, and or salt on the roadways and parking lots. SC 10 Labor Rates Included in listed equipment rates are the straight time rates including fringe benefits. Premium rates for overtime will be paid for work performed under this contract above eight (8) hours per day and forty (40) hours per week. This overtime rate will be an incremental amount to be applied on top of the straight hourly rate included in the Contractor's original labor and equipment rate in the Bid Schedule. No rental time will be allowed on this contract. If equipment is down or inoperable, the Contractor is to notify the RSA, the Borough, or Borough Managers or designee. SC 11 Hazardous Waste Generation Every effort to minimize or eliminate the generations of hazardous waste shall be used by the Contractor in the performance of the work of this Contract. Unless there is no substitute, no hazardous material shall be used in the performance of the work of this Contract. SC 12 Site Preservation, Restoration, Cleanup and Environmental Reporting The Contractor shall be solely responsible for damage to public or private property caused by their operations. The Contractor shall take all precautions necessary to control dust. The Contractor shall notify the Borough of any claims of damage and shall clean and restore any property so damaged at the sole expense of the Contractor. All spills or releases of any hazardous substance shall be reported to the appropriate governmental agency as well as notice to the Borough. Contractor shall be responsible for all associated cleanup costs and fines. At all times during the work, keep the premises clean and orderly. Upon completion of the work, repair all damage caused by equipment and leave the area free of rubbish and excess materials of any kind. SC 13 Permits The Contractor shall obtain all licenses and permits that are required to do the work. Qe' SC 14 Order of Award of Alternative Bids Page 31 of 34 If the KIB has elected to advertise this Project with a Base Bid and Alternates, the KIB may elect to award the contract for the Base Bid, or the Base Bid in combination with one or more Alternates selected by the KIB. In either case, award shall be made to the responsive, responsible bidder offering the lowest total Bid for the work to be awarded. SC 15 Payment Payments shall be in accordance with Section 109, Payment Requirements, as outlined in the Road Service Area Specifications. All invoices for payment must be submitted on and invoice with an accompanying documentation. Documentation for invoices is listed in SC 07 Documents. Disbursement of money to a person, firm or corporation will be made only after all the various receivable accounts of the general government and any municipal utility or enterprise have been reviewed for outstanding balances owed, and the disbursement will be reduced by setting off the amount of any delinquent indebtedness due the Kodiak Island Borough from such person, firm or corporation. All contracts to which the Kodiak Island Borough is a party which will or may involve the disbursement of Kodiak Island Borough funds shall contain the following clause, or its substantial equivalent: "Disbursement of money by the Kodiak Island Borough hereunder shall subject to set-off pursuant to the provisions of the Kodiak Island Borough Code." Such contracts include, but are not limited to, oral contracts, employment contracts, construction contracts, purchasing contracts and contracts of any municipal utility or enterprise, including customer's deposits. SC 16 References to Kodiak Island Borough General Conditions The Kodiak Island Borough General Conditions of the Construction Contract, hereafter referred to as General Conditions, are incorporated in and become a part of the Contract Documents for the work, The General Conditions can be downloaded from the Kodiak Island Borough's website at Projects Office Kodiak Island, AK - Official Website. All work under this Contract shall comply with the latest edition and addenda to all applicable codes, ordinances, and standards. It shall be the responsibility of the Bidder to prepare his bid so all materials and/or different arrangements of connections or fittings shall harmoniously conform with the intent of the Contract Drawings, General Conditions, and the Special conditions. SC 17 Road Service Area Specifications The Specifications for construction of the work of this Project are incorporated into the following pages and can be downloaded from the Kodiak Island Borough's website at Road Maintenance I Kodiak Island, AK - Official Website. EPI Kodiak Island Borough Minimum Prevailing Wage Rates Project: Women's Bay Road Service Area Contract Contract Number: FY2025-58 Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows See attached Links: http://labor.state.ak.us/Iss/pamp6OO.htm http://labor.alaska.gov/lss/fonns/Pam400.pdf WAGE RATES, REGULATIONS, AND LABOR STANDARDS REQUIREMENTS Page 32 of 34 DESCRIPTION. Pay items in Division 800 Maintenance are exempt from the provisions of AS 36.05.010. All other work pay items are subject to provisions of AS 36.05.010, also called Prevailing Wage work. PREVAILING WAGES. Before the Contractor starts work on Prevailing Wage pay items, the Contractor shall provide the Engineering and Facilities Director a copy of the Notice of Work filed to the DOLWD. During the work, the Contractor shall provide a copy of all certified payrolls submitted to DOLWD and the Engineering and Facilities Department. When work is completed, provide the Engineering and Facilities Director a copy of the Notice of Completion filed with DOLWD. REQUIREMENTS. In accordance with the requirements of AS 36.05.070 and AS 36.05.080, the following provisions are included where applicable: (1) The Contractor or subcontractors of the Contractor shall pay all employees unconditionally and not less than once a week; (2) wages may not be less than those stated in the advertised specifications, regardless of the contractual relationship between the Contractor or subcontractors and laborers, mechanics, or field surveyors; (3) the scale of wages to be paid shall be posted by the Contractor in a prominent and easily accessible place at the site of the work; (4) KIB shall withhold so much of the accrued payments as is necessary to pay to laborers, mechanics, or field surveyors employed by the Contractor or subcontractors the difference between (A) the rates of wages required by the contract to be paid laborers, mechanics, or field surveyors on the work; and (B) the rates of wages in fact received by laborers, mechanics, or field surveyors. (5) If it is found that a laborer, mechanic, or field surveyor employed by the Contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the KIB may, by written notice to the Contractor, terminate the Contractor's right to proceed with the work or the part of the work for which there is a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the Contractor and the Contractor's sureties are liable to KIB for excess costs for completing the work. §§ .A- Kodiak Iland Borough EXHIBIT A $ §\§ �- W�% � 4 � � @ \ q Page 3o3 A -- Kodiak Island Borough EXHIBIT B Women's Bay Road Service Area Dumpster Pad Locations. Intersection of South Russian Creek Road and Chiniak Highway. Page 34 of 34 Intersection of Sargent Creek Road and Middle Bay Dr. Vol. FY2025, No. 25 Kodiak Island Borough Assembly Newsletter June 06, 2025 At Its Regular Meeting Of June 5, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, July 3, 2025, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED The Week Of June 8-14, 2025, Invasive Species Awareness Week Encourage All Residents And Visitors To Learn More About And Contribute To The Prevention Of Invasive Species In Our Borough, And Thereby Support A Broad, Efficient, And Effective Effort To Protect The Health And Integrity Of Kodiak's Natural Systems And Human Populations PROCLAIMED The Month Of June As Filipino American Heritage Month In Kodiak Urging All Citizens To Participate In The Festivities Celebrating The Rich Heritage And Traditions Of The Philippine Islands VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office (AMCO) Transfer Of Ownership Application From Kodiak Rendezvous, Inc. DBA The Rendezvous (License No. 2639) To Rendezvous Roadhouse LLC, And Direct The Clerk To Notify AMCO Of This Decision ADOPTED Ordinance No. FY2025-17, An Ordinance Of The Assembly Of The Kodiak Island Borough Rezoning A Portion Of Tract E, U.S. Survey 4793 From R1 -Single Family Residential District to (- Industrial District (Zoning Will Correspond To Lot Created By Abbreviated Subdivision S25-007) ADOPTED Ordinance No. FY2025-18, An Ordinance Of The Assembly Of The Kodiak Island Borough Rezoning A Portion Of U.S. Survey 4793, Tract E from R1 -Single Family Residential District to B - Business District (Zoning Will Correspond With Lot Created By Preliminary Subdivision, Case No. S25- 006) AMENDED/ADOPTED Ordinance No. FY2026-01, Adopting The Budget For Fiscal Year 2026 And Appropriating From All Borough Funds AMENDED/ADOPTED Ordinance No. FY2026-02, Receiving The 2025 Certified Real And Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2025 Consisting Of An Areawide Tax, Womens Bay Fire Protection Area Tax, A Womens Bay Road Service Area Tax, A Bay View Road Service Area Tax, A Fire Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No. 1 Roads, A Woodland Acres Street Light Service Area, A Service Area No. 2 Tax, An Airport Fire Protection Service Area, A Trinity Islands Street Light Service Area Tax, And A Tax In The Mission Lake Tidegate Service Area; Levying Commercial Aircraft Tax; Providing For The Collection Of Taxes Due In 2025; And Setting The Date When Taxes Become Delinquent AUTHORIZED The Borough Manager To Award Contract No. FY2025-57 To Jacobs Engineering For The Regional Solid Waste Management Plan Update AUTHORIZED The Borough Manager To Execute Contract No. FY2025-58 For Women's Bay Service Area Contract With Brechan Construction, LLC View our website: Visit our Facebook page: www.kodiakak.us www.facebook.com/KodiakislandBorough AUTHORIZED The Borough Manager To Execute Contract No. FY2025-59 For Service Area No. 1 Road Service Area Contract With AIM Maintenance LLC AUTHORIZED The Borough Manager To Execute Contract No. FY2025-60 For Monashka Bay Road Service Area Contract With Aim Maintenance LLC AUTHORIZED The Borough Manager To Execute Contract No. FY2025-61 For Bayview Road Service Area Contract With AIM Maintenance LLC ADOPTED Resolution No. FY2026-02, Re -Establishing The Fees Of The Kodiak Island Borough CONVENED INTO EXECUTIVE SESSION Under The Authority Of KIBC 2.30.030 (F)(1)(C) To Discuss The Borough Clerk's Performance Evaluation, A Subject That Qualifies For Executive Session As A Matter That May Tend To Prejudice A Character Or Reputation Of Any Person. INVITED The Mayor and Assembly Members Into Executive Session. The Borough Clerk Was Invited At A Later Time. ANNOUNCED That The Borough Clerk Had An Excellent Job Performance And Her Salary Should Be Increased As Stated In Her Contract View our website: Visit our Facebook page: www.kodiakak.us www.facebook.com/KodiakislandBorough