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FY2026-02 Electrical Services Contract With Nodak Electric & Construction Inc.CONTRACTS 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: 07/31/25 TRANSMITTED BY: Patricia Valerl0 DEPT: Engineering & Facilitie CONTRACT NO.: FY 2026-02 VENDOR OR CONTRACTOR: Nodak Electric & Construction Inc. CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount): Electrical Services Contract 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: 07/17/25 PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW: Two One -Month Periods. EXPIRATION OR REVIEW DATE: 06/30/2026 PURGE DATE: 06/30/2030 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 KODIAK ISLAND BOROUGH INVITATION TO BID Electrical Services Contract FY2026-02 June 11, 2025 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 w z \ Page 2 of 27 Kodiak Island Borough Contract Documents Project: Electrical Services Contract Number: FY2026-02 Table of Contents Invitationto Bid............................................................................................................................................ 3 Instructionsto Bidders.................................................................................................................................. 4 BidderRegistration Form............................................................................................................................. 8 AddendumAcknowledgement...................................................................................................................... 9 Finance Department Pre -Award Qualification...........................................................................................10 Non -Collusion Affidavit.............................................................................................................................11 BidSchedule...............................................................................................................................................12 BidModification Form...............................................................................................................................14 Agreement...................................................................................................................................................15 Corporate Acknowledgement.....................................................................................................................17 ContractRelease.........................................................................................................................................18 SpecialConditions...................................................................................................................................... 20 SC01 General Statement................................................................................................................. 21 SC02 Scope of Work....................................................................................................................... 21 SC03 Time of Completion.............................................................................................................. 21 SC03.1 Contract Extension................................................................................................................21 SC03.2 Work Response Time............................................................................................................22 SC04 Termination...........................................................................................................................22 SC05 Disputes.................................................................................................................................22 SC 06 Continuing Obligation of Contractor.................................................................................... 23 SC07 Insurance Requirements........................................................................................................ 23 SC08 Documentation...................................................................................................................... 23 SC09 Suitable Materials..................................................................................................................24 SC 10 Hazardous Waste Generation................................................................................................24 SC 11 Site Preservation, Restoration, Cleanup and Environmental Reporting ................................ 24 SC12 Permits...................................................................................................................................24 SC 13 Order of Award of Alternative Bids...................................................................................... 24 SC14 Payment.................................................................................................................................24 SC 15 References to Kodiak Island Borough General Conditions .................................................. 25 Minimum Prevailing Wage Rates...............................................................................................................26 AttachmentA: Work Order Form............................................................................................................... 27 Date: June 11, 2025 Kodiak Island Borough Invitation to Bid Project: Electrical Services Contract Number: FY2026-02 This project includes, but is not necessarily limited to: Page 3 of 27 Repairs and maintenance of varying nature for electrical and lighting systems at the Kodiak Island Borough Facilities. Sealed, physical copy, bid packages will be accepted until 2:00 pm local time on July 2, 2025, at the Office of Finance, 710 Mill Bay Road, Kodiak, Alaska, 99615. The bids will be publicly opened and read at that time. Electronic submission of the bid package will not be accepted. A non -mandatory pre-bid conference will be held at the Kodiak Island Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, AK, 99615 at 10:00 am local time, June 24, 2025. All interested bidders are encouraged to attend this pre-bid conference and if attending submit a 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 12:00 pm local time on June 26, 2025. Questions, clarifications, or interpretations of the Bidding Documents shall be made through a written request to the Project Manager at EFprojectsnkodiakak.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. ,i Page 4 of 27 a Kodiak Island Borough Instructions to Bidders Project: Electrical Services Contract Number: FY2026-02 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 submitted. 2. Bid Form/Schedule A. The Bid Form/Schedule has been executed and signed. B. Addendum Acknowledgement Form has been executed and signed. 3. Finance Department Award Qualification Form 4. Alaska Business License, a of copy your current license must be included. 5. 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. 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 Owner, 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 June 26, 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 Owner 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 Owner believes that collusion exists among the Bidders, all Bids will be rejected. Page 5 of 27 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. Nothing contained in this section deprives the Owner 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. Owner 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 Owner after the Deadline for Bids. b. If the Bid is on a form other than that furnished by the Owner, 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 Owner'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 Owner. 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 Owner. 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 Owner 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 27 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, by 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 scaled 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. 11.0 BID PROTESTS Page 7 of 27 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 on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications and will be made to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids 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 Owner has elected to advertise this Project with a Base Bid and Alternates, the Owner may elect to award the contract for the Base Bid, or the Base Bid in combination with one or more Alternates selected by the Owner. In either case, award shall be made to the responsive, responsible bidder offering the lowest total Bid for the work to be awarded. The Owner reserves the right to cancel the procurement without liability to the bidder, except return of the bid security, at any time before the Agreement has been fully signed by all parties, including the Owner. 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. 4 w 0 Page 8 of 27 Kodiak Island Borough Bidder Registration Form IMPORTANT: 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. ONLY REGISTERED BIDDERS WILL RECEIVE NOTIFICATIONS. Bidder's Contact Information Name of Company: Contact Name: Ajrzk 119-vr_� Phone Number: Cf%i7 939L `14 2.S Fax Number: NIA ��• A' t� 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 Email: EFprojects(a,kodiakak.us Page 9 of 27 Kodiak Island Borough Addendum Acknowledgement Project: Electrical Services Contract Number: *Contract Number* FY2026-02 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. ale �lr �G�p1C un Company Name 7%UI1z5- Date At4, &AAJV--- Authorizing Name '3maw,,�- Title Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials Addendum Number Dated Initials ale �lr �G�p1C un Company Name 7%UI1z5- Date At4, &AAJV--- Authorizing Name '3maw,,�- Title ;i* Kodiak Island Borough Finance Department Pre -Award Qualification Project: Electrical Services Contract Number: *Contract Number* FY2026-02 FINANCE DEPARTMENT PRE -AWARD QUALIFICATION Finance Department, 710 Mill Bay Road, Kodiak, AK 99615 dcross(&kodiakak.us Ph. 907-486-9325 Fax. 907-486-9392 Page 10 of 27 The Vendor/Contractor is required to submit this form to the finance department for review. The Vendor/Contractor will be required to submit the reviewed and signed form with their bid submission. 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. VENDOR/CONTRACTOR:�Q.� C. @mlyl" (WA61kC br1 ADDRESS: E)-ffy MY -03 lam' 0/tV Upon review the vendor/contractor's account records indicate (check one) Dated as of:y ? 101 I2ta X compliance with KIBC 3.30.115 A. or ❑ a delinquency according to KIB financial records * /—.-4,.J �o� Reviewer Signature: Reviewer comments: �4nQ J 0 Page 11 of 27 e Kodiak Island Borough Non -Collusion Affidavit Project: Electrical Services Contract Number: *Contract Number* FY2026-02 (to be executed prior to award) UNITED STATES OF AMERICA )SS. STATE OF ALASKA ) 'Inc if ,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: Electrical Services Contract Number: *Contract Number* FY2026-02 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 biddin in connect' n with such Contract. Signature Subscribed and sworn to this SA day of O , 20 � Notary Public NOTARY PUBUC BRIANA COATS STATE OF ALASKA My Commission Expires: /�} �� WCOMMISSION EXPIRESSEP, 26,2028 211 2�4LP�� 9.0 4tQ Page 12 of 27 Kodiak Island Borough Bid Schedule Page 1 of 2 Project: Electrical Services Contract Number: *Contract Number* FY2026-02 Base Bid Item No. Item Description Quantit Unit Unit Price Total Item Price 1 Hourly Rate — Licensed Electrician 1 EA 122.85 122.85 2 Hourly Rate — Electricians Assistant 1 EA 101.00 101.00 3 Overtime Rate — Licensed Electrician 1 EA 158.50 158.50 4 Overtime Rate — Electricians Assistant 1 EA 129.00 129.00 5 On -Call Rate — Licensed Electrician 1 EA 147.42 147.42 6 Parts Mark-Up 1 /o o %15 %15 Total Base Bid (Average of Total Item Prices, excluding parts mark-up percentage) 131.75 Kodiak Island Borough Bid Schedule Page 2 of 2 Project: Electrical Services Contract Number: *Contract Number* FY2026-02 Total Base Bid Amount (Average of Total Item Prices, excluding parts mark-up percentage): Page 13 of 27 ONE HUNDRED THRITY ONE DOLLAR 00/100 CENTS Dollars Cents 131.75 1 Nodak Electric & Construction Inc. , hereinafter called Bidder, an individual doing business as Nodak Electric & Construction Inc. , (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 2nd day of July , 2025 BIDDER: Nodak Electric & Construction Inc. Company Name PO BOX 870403 Address Wasilla AK 99587 Kodiak Island Borough, State, Zip Code (907)232-7925 Telephone Number 46-2072971 Federal I.D. or S.S.N. Matt Rehak, Authorizing Name President Title ignature Mattr@nodakelectricak.com Email Address CORPORATE SEAL ATTEST: ' �� ✓ " Signature of Corporate Sec. Print Name Kodiak Island Borough Bid Modification Form Project: Electrical Services Contract Number: *Contract Number* FY2026-02 Page 14 of 27 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to the Contact Person listed on the Invitation to Bid. All modifications shall be made to the original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid. If more than one Modification form is submitted by any one bidder, changes from all Modification forms submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be calculated by the Owner. Bidder may use multiple modification pages if required. Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. Bid Item (Base Bid, Alternate, etc Addition / Deduction (circle one) Amount in Figures Amount in Words N/A Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Nodak Electric & Construction Inc. Name of Bidding Firm A0 Responsible Party Signature ate Matt Rehak, President Printed Name (must be authorized signatory for Bidding Firm) 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. License #: CONE38570 Program: Construction Contractors Type: General Contractor Without Residential Contractor Endorsement Status: Active DBA: NODAK ELECTRIC & CONSTRUCTION, INC. Issue Date: 02/21/2013 Effective Date: 01/20/2025 Expiration Date: 09/30/2026 Mailing Address: WASILLA, 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 Owner Name NODAK ELECTRIC & CONSTRUCTION, INC. Relationships License/Entity Title # Electrical Administrator Assignee EADE1911 Entity Number 10010122 Name License Status Expiration Date MATTHEW REHAK Active 12/31/2025 Q all N c a� U J m C O cn co w 0 a a c m N N a� c .N m Vl C 0 cu O a L O U 0 c O Mn w co O co O 00 rn rn Y Q 7 m N c (D O 00 O X O m O 0_ U Z Z O F— C) ,D 0. 1F/ �—� v! Z O AUx W 1.1. U J \W i Q O Z r- 00 0) 0) Y cu Q ca M O Nr O r- 00 X O m a U Z Z _O F- 0 F- H Z O U ad _U w F- 0 w J w Y Q cl O Z a O CL (D .0 o N N N C N U 3 a C O U c N E m CL N a w T a co co c U A C O U 7 Z5 c O U Cl) N c s� U) O:3 :Eac O 3 � O 4) m a L O N N L C C O Z N . m cin t � w m O � m 0 3 a C m co O o cn N w U E O a N N a N U y m E m day LN m� O L O m -0 N fl_ O L O N m0 M NL E N m N=N N 3 C N N c C a c C'U) m U a U .r .N . .LA - O N E N E N N E H 0 H= -5U Page 15 of 27 Kodiak Island Borough Agreement Page 1 of 2 Project: Electrical Services Contract Number: FY2026-02 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Nodak Electric & Construction Inc. Company Name PO Box 870403, Wasilla, AK 99687 Company Address (Street or PO Box, Kodiak Island Borough, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑XCorporation 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. 1. 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 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.] 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 Page 16 of 27 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 r*eipt 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 the Borough Manager, 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 J 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) Bidder Submission Dated 7/2/2025; (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. KODIAK ISLAND BOROUGH CONTRACTOR /► / /V/!GtG� �IC'rc t C.�/ZSf�ZIL�/ZiZ �tG. 'nature of Borough Manager Company Name kime?,V`(� lA,wt5 Printed Name Signature of Authorized Represen ve ZA SIA L25 / WAAHZe-fill 9d -•ZI- Da Printed Name of Authorized Representative 1Y -k'* -71. � orough Clerk (Attest)to pND e0 C G O � Kodiak Island Borough Corporate Acknowledgement Not needed. Project: Electrical Services Contract Number: FY2026-02 (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 17 of 27 Page 18 of 27 Kodiak Island Borough Contract Release Page 1 of 2 For Future Use Project: Electrical Services Contract Number: FY2026-02 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: Electrical Services Contract Number: FY2026-02 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 acknowledges receipt of the amount of $ as full and final payment in consideration for all services, materials and labors rendered in connection with this Contract. 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. i Page 19 of 27 a Kodiak Island Borough Contract Release Page 2 of 2 Project: Electrical Services Contract Number: FY2026-02 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ,20 COMPANY SIGNATURE TITLE 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 , 20 Notary Public in and for Alaska My Commission expires: ,i Page 20 of 27 a Kodiak Island Borough Special Conditions Project: Electrical Services Contract Number: FY2026-02 Table of Contents Section Title Page SCO1 General Statement......................................................................................................... 21 SC02 Scope of Work.............................................................................................................. 21 SC03 Time of Completion...................................................................................................... 21 SC 03.1 Contract Extension........................................................................................................ 21 SC03.2 Work Response Time.................................................................................................... 22 SC04 Termination................................................................................................................... 22 SC05 Disputes......................................................................................................................... 22 SC 06 Continuing Obligation of Contractor............................................................................ 23 SC 07 Insurance Requirements................................................................................................ 23 SC08 Documentation.............................................................................................................. 23 SC09 Suitable Materials......................................................................................................... 24 SC 10 Hazardous Waste Generation........................................................................................ 24 SC 11 Site Preservation, Restoration, Cleanup and Environmental Reporting ....................... 24 SC12 Permits.......................................................................................................................... 24 SC 13 Order of Award of Alternative Bids............................................................................. 24 SC14 Payment......................................................................................................................... 24 SC 15 References to Kodiak Island Borough General Conditions .......................................... 25 ,i Page 21 of 27 a Kodiak Island Borough Special Conditions SC 01 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: Base Bid Kodiak Island Borough is responsible for operating and maintaining several facilities and from time to time need repairs or maintenance of varying nature for electrical and lighting systems. Bidder shall provide hourly rates for each item noted in the bid schedule, including regular hourly rate(s), overtime hourly rate(s), on-call rate, and a mark-up percentage for parts required. SC 03 Time of Completion The Term of the contact is for an initial eleven (11) -month period from August 1, 2025, until June 30, 2026. The Borough reserves the option to renew a contract resulting from this solicitation upon written agreement of both Parties for two (2) additional one-month periods. All renewals are to be for a period of one-month 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 Page 22 of 27 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 Borough initiated maintenance calls within three (3) business days. If the 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 emergency problems. B. Repairs: The 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 the Contractor to help settle disputes between the two parties. C. Emergency Work: All contractors shall supply contact numbers for 24-hour service (cell, pager) that will allow the Borough, or Borough Manager or designee, to contact the Contractor or their designee any time during the contract period. D. Non-exclusive Work: If the Contractor does not respond to a non -emergency work order in a timely manner, the Borough, or Borough Manager or designee may utilize another 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 Borough, or Borough Manager or designee may contract with the second bidder on the bidding list for the purposes of a backup contractor. SC 04 Termination Both parties may agree in writing to terminate this agreement at any time. Either parry 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 Page 23 of 27 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. SC 07 Insurance Requirements During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. 1. Comprehensive automobile liability, bodily injury, and property damage, including all owned, hired and non -owned, automobile - $1,000,000 per each accident 2. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and$2,000,000 aggregate. Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. SC 08 Documentation ITB Required Documentation: 1. Addendum Acknowledgement 2. Finance Department Pre -Award Qualification 3. Non -Collusion Affidavit 4. Bid Form/Schedule 5. Alaska Business License 6. Alaska Contractor License/Certificate 7. 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, and parts used, 2. Work Order Form, requesting the work signed by the Engineering Director, Borough Manager or designee, 3. Field notes on work completed or in -progress. Order of Precedence: 1. Work Orders 2. Change Orders 3. Agreement aac 4. Addenda 5. Special Conditions 6. General Conditions 7. Engineering Specifications 8. Contract Drawings 9. Construction Schedule 10. Invitation to Bid 11. Proposal as Accepted SC 09 Suitable Materials Page 24 of 27 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. 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. SC 10 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 11 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 Kodiak Island 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 Kodiak Island 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 Project free of rubbish and excess materials of any kind. SC 12 Permits The Contractor shall obtain all licenses and permits that are required to do the work. SC 13 Order of Award of Alternative Bids Additive Alternate and/or Deductive Alternative Bids will be awarded, if any are awarded, in any order determined to be the most advantageous combination by the owner. SC 14 Payment Payments shall be in accordance with Article 13, Payments to Contractor and Completion, in Section 00710- General Conditions Contract. All invoices for payment must be submitted on and invoice with an accompanying Application for Payment and updated Schedule of Values (if applicable). i Page 25 of 27 a 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 15 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. Kodiak Island Borough Minimum Prevailing Wage Rates Project: Electrical Services Contract Number: FY2026-02 Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows See attached Links: hLtp://Iabor.state.ak.us/Iss/Tamp6OO.htm http://Iabor.alaska. izov/lss/fonns/Pam400.pdf Page 26 of 27 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) Owner 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 Owner 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 Owner for excess costs for completing the work. Kodiak Island Borough Attachment A KODIAK ISLAND BOROUGH Work Order Form Page 27 of 27 DATE (work order submitted) SERVICE AREA BOARD or ENGINEERING & FACILITIES REVIEW Work Completed to Specifications and Description? PRIORITY LEVEL — 1 (highest), 2, or 3 (lowest) 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: Vol. FY2026, No. 2 Kodiak Island Borough Assembly Newsletter July 18, 2025 At Its Regular Meeting Of July 17, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 7, 2025, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2026-03, Amending Various Sections of Kodiak Island Borough Code Title 17 Zoning To Define Pet -Related Uses And To Locate These Uses In Specific Zoning Districts As Either Permitted Uses Or Conditional Uses AUTHORIZED The Borough Manager To Execute Contract No. FY2026-02 For KIB Facilities Electrical Services With Nodak Electric & Construction, Inc ADVANCED Ordinance No. FY2025-02C Amending Ordinance No. FY2025-02, Fiscal Year 2025 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects To Public Hearing At The Next Regular Meeting Of The Assembly View our website: Visit our Facebook page: www.kodiakak.us www.facebook.com/KodiakislandBorough