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2025-08-07 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, August 7, 2025, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing. Any public documents related to the agenda that are received and shared with elected officials after the initial agenda has been released will be included in the Supplemental Materials section below. The deadline for releasing supplemental materials is noon on the day of the meeting. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of July 17, 2025 4-7 20250717 RM Minutes 7. CITIZENS' COMMENTS Please call 1(907) 486-3231 or toll free 1(855) 492-9202. Comments on any topic other than scheduled public hearing items. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS Page 0 of 205 10 11 12 13 14 PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202. A. State Of Alaska Alcohol And Marijuana Control Office (AMCO) 8 - 40 New Winery Manufacturer Sampling Endorsement (MSE) Application For Friends By The Ocean Agenda Item Report - Pdf B. Ordinance No. FY2025-02C, Amending Ordinance No. FY2025- 41 - 44 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 Agenda Item Report - Pdf BOROUGH MANAGER'S REPORT A 2025-08-07 Borough Manager's Report 45 - 49 MESSAGES FROM THE BOROUGH MAYOR CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS *61011197a1:7_111[M0to] 9LN_1Ia10197_1:a0I2MTAQX6111101"129 14.A. CONTRACTS 1. Contract No. FY2026-06, Kodiak Island Borough Facilities 50 - 119 Contract With MK Enterprise, LLC. Agenda Item Report - Pdf 2. Contract No. FY2026-07, Chiniak School Painting With 120 - 151 Highmark Marine Fabrication, LLC Agenda Item Report - Pdf 3. Contract No. FY2026-09, Authorization To Contract With 152 - 155 DarkTrace For Network Security Applicance And Security Services Agenda Item Report - Pdf 14.13. RESOLUTIONS 1. Resolution No. FY2026-04, Designating Community 156 - 158 Development Department Director Chris French As The Temporary Administrative Official During The Absence Or Disability Of The Borough Manager And Designated Administrative Official Agenda Item Report - Pdf 2. Resolution No. FY2026-05, A Resolution Of The Assembly 159 - 161 Page 1 of 205 Of The Kodiak Island Borough Allocating Fiscal Year 2026 Kodiak Island Borough Nonprofit Funding Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2026-04, Amending Various Sections Of 162 - 175 Kodiak Island Borough Code Title 17 Zoning, Related To Assisted Living Residences Agenda Item Report - Pdf 2. Ordinance No. FY2026-06, Amending Kodiak Island 176 - 178 Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Definitions Agenda Item Report - Pdf 14.D. OTHER ITEMS 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Fire Protection Area No. 1 Service Area Board Regular Meeting 179 - 189 Minutes Of March 11 And May 10, 2025; Parks and Recreation Committee Regular Meeting Minutes Of January 14, 2025, And Planning And Zoning Commission Regular Meeting Minutes Of May 21, 2025 Minutes Binder 19. SUPPLEMENTAL MATERIALS A. Supplemental Materials This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 205 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting July 17, 2025 A regular meeting of the Kodiak Island Borough Assembly was held on July 17, 2025, in the Assembly Chambers. The meeting was called to order at 8:41 p.m. Staff present were Borough Manager Aimee Williams, Assessing Director Seema Garoutte, Community Development Director Chris French, Engineering and Facilities Acting Director Codi Allen, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION Captain David Shatto of the Salvation Army gave the invocation. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the pledge of allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Member Jared Griffin, Dave Johnson, Larry LeDoux, Ryan Sharratt, Scott Smiley, and Bo Whiteside. 5. APPROVAL OF AGENDA AND CONSENT AGENDA GRIFFIN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes of July 3, 2025 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Carlene McChesney • Kristin O'Lear • Joseph Delgado • Teresa Storch 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS — None. Kodiak Island Borough July 17, 2025 Regular Meeting Minutes of July 17, 2025 Assembly Regular Meeting Minutes Page 1 of 4 Page 4 of 204 AGENDA ITEM #6.A. 10. PUBLIC HEARING A. 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 GRIFFIN moved to adopt Ordinance No. FY2026-03. Mayor Arndt opened the public hearing. Seeing and hearing none, Mayor Arndt closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, LeDoux, Sharratt, Smiley, and Whiteside. 11. BOROUGH MANAGER'S REPORT Borough Manager Aimee Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt provided a report on his recent travel in attendance to the NACo Annual Conference. He shared updates from the conference, emphasizing the discussions regarding the reorganization of the Federal Emergency Management Agency (FEMA) aimed at decreasing its funding and transferring greater responsibility for disaster response to state and local governments. Additionally, he expressed gratitude to the Assembly for their support of the trip. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS — None. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2026-02 Electrical Services Contract With Nodak Electric And Construction, Inc. GRIFFIN moved to authorize the Borough Manager to execute Contract No. FY2026-02 for Kodiak Island Borough Facilities Electrical Services with Nodak Electric & Construction, Inc. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Sharratt, Smiley, Whiteside, and Griffin. 14.13. RESOLUTIONS — None. Kodiak Island Borough Assembly Regular Meeting Minutes July 17, 2025 Page 2 of 4 Regular Meeting Minutes of July 17, 2025 Page 5 of 204 AGENDA ITEM #6.A. 14.C. ORDINANCES FOR INTRODUCTION A. 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 GRIFFIN moved to advance Ordinance No. FY2025-02C to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Whiteside, Griffin, and Johnson. 14.D. OTHER ITEMS — None. 15. CITIZENS' COMMENTS — None. 16. ASSEMBLY MEMBERS' COMMENTS Assembly Member Sharratt welcomed Captain David and Dianne Shatto from the Salvation Army to Kodiak, expressing gratitude for their presence and looks forward to collaborating with them in the future. Assembly Member Smiley shared his appreciation of the Board of Equalization discussion, noting the interesting differences in legal interpretation. He expressed concerns about the clarity and timeliness of tsunami warnings, emphasizing the need for better communication and information sharing. He warned that repeated false alarms could lead to public complacency, potentially putting lives at risk. Assembly Member LeDoux shared his participation in the national celebration of hotdogs with the Rotary and Lions Club, where over 600 hotdogs were distributed before being interrupted by a tsunami siren, but they continued the effort by bringing food to the high school evacuation site. He emphasized the need to revisit Accessory Dwelling Units (ADUs) and land sales which are key to addressing Kodiak's housing issues which have been stalled. Although disappointed with the Board of Equalization outcome, he expressed respect for the Assembly's decision -making process. He stated that the newly remodeled museum as "incredible and world class" and encouraged the community to visit. Additionally, he extended his condolences to the family of Dr. Gary Carver, a former college instructor and earthquake specialist. Assembly Member Johnson thanked his fellow assembly members for their grace during his absence, and he is happy to be back on the island and resume his duties. Assembly Member Griffin shared that KMXT has experienced a challenging week and advised everyone not to rely on internet rumors for information. Assembly Member Whiteside echoed Assembly Member LeDoux's comments that efforts to address Kodiak's housing shortage issues have stalled, which have resulted in a lack of action. He expressed concern over the confusion caused by the delayed tsunami sirens and emphasized the need for clear communication about the metrics used to trigger alarms. Despite the issues, he Kodiak Island Borough Assembly Regular Meeting Minutes July 17, 2025 Page 3 of 4 Regular Meeting Minutes of July 17, 2025 Page 6 of 204 AGENDA ITEM #6.A. praised the community's response during the tsunami event, highlighting how residents came together to help each other, especially assisting tourists and directing people to safety. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 9:28 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough July 17, 2025 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 4 of 4 Page 7 of 204 Regular Meeting Minutes of July 17, 2025 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery Manufacturer Sampling Endorsement (MSE) Application For Friends By The Ocean ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly is to assess the MSE application based on the information contained within the packet, feedback received from staff, response from local law enforcement, and public testimony during the public hearing. Below are examples of motions that may be used: Motion 1: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) new Winery Manufacturer Sampling Endorsement application for Friends by the Ocean located at 38057 Chiniak Highway and direct the Clerk to notify AMCO of this decision. Motion 2: Move to voice protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) new Winery Manufacturer Sampling Endorsement application for Friends by the Ocean located at 38057 Chiniak Highway and direct the Clerk to notify the applicant of this intent. Clerk's note: As required by 3 AAC 305.085(d), the local governing body shall allow the applicant a reasonable opportunity to defend the application before the local governing body. The applicant/licensee will be advised if the Assembly decides to protest the MSE endorsement application, and the applicant/licensee will be given an opportunity to defend the MSE application at a future meeting. DISCUSSION: This application seeks to amend the original submission to AMCO to correct the business address from 37961 Chiniak Highway, Kodiak, AK 99615 to 38057 Chiniak Highway, Kodiak, AK 99615, and to update the business name from Friends by the Ocean, LLC to Friends by the Ocean. While the address change was acknowledged and approved by the Borough Assembly at its Regular Meeting on May 1, 2025, the update was not formally recorded in the AMCO database. This re -notice is being issued solely to update AMCO's records with the correct information. The Borough has a 60-day window to file a protest. The Clerk's Office received the notification on July 7, 2025, and the final date to submit a protest is September 4, 2025. The Clerk's Office has conducted a review of the MSE application in accordance with KIBC 5.01.030. No comments or concerns were received from Borough departments. Pursuant to KIBC 5.01.040, 12 public hearing notices were mailed on July 23, 2025, to landowners within 1,500 feet of the proposed winery manufacturer sampling location. Any public responses received will be forwarded to the Assembly for consideration. Kodiak Island Borough State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 8 of 204 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 5.01.030 New license and transfer procedurewhich states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Kodiak Island Borough State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 9 of 204 AGENDA ITEM #10.A. THE STATE OIALASKA GOVERNOR MIKE DUNLEAVY July 7, 2025 Kodiak Island Borough VIA Email: Icruz@kodiakak.us; clerks@kodiakak.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7'h Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Winery Manufacturer License Number: 1 16480 Licensee: Friends by the Ocean, LLC Doing Business As: Friends by the Ocean Premises Address 38057 Chiniak Highway, Kodiak, AK 99615 Endorsement(s): Manufacturer Sampling Endorsement (MSE) ® New Application ❑ Transfer of Ownership Application ❑ Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 305.085(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Anna White, Licensing Examiner II For Kevin Richard, Director amco.localeovern mentonly@alaska.eov State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 10 of 204 AGENDA ITEM #10.A. aoygMagr✓ Alcohol and Marijuana Control Office v`O G�Z 550 W 71h Avenue, Suite 1600 A*� 7 Anchorage, AK 99501 L Mco alcohol licensing aalaska.gov hops://www.commerce ala:.a.ov/web/amco Phone:907.269.0350 6rRo, o�� Alaska Alcoholic Beverage Control Board Form AB-00: New License Application Why is this form needed? This application for a license is required for all individuals or entities seeking to apply for a new alcoholic beverage license. Applicants should review Title 04 of Alaska Statutes and Chapter 305 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260 and 3 AAC 305.045. This form must be completed and submitted to AMCD's Anchorage office, along with all other required forms and fees before any license application will be considered complete and placed in the queue for a licensing examiner review. Section 1 - Establishment and Contact Information Enter information for the business seekineto be licensed. Applicant: Friends by the Ocean, LLC License Type: Winery Manufacturer Statutory Reference: 04.09.030 Doing Business As: Friends by the Ocean Premises Address: 38057 Chiniak Highway City: I Kodiak I State: AK ZIP: 99615 Local Governing Kodiak Island Borough Body/Bodies: Community Council, (if applicable): Kodiak Island Borough Mailing Address: P.O. BOX 175 City: Kodiak State: AK ZIP: 99615 Designated Individual Brenda Sue Friend with Binding Authority to apply for this License: Contact Phone: (907) 539-1978 Business Phone: (907) 539-1978 Contact Email: brenda@friendcontractors.com Yes No Seasonal License? If "Yes", write your operating period not exceeding Six months each year: _ I OFFICE USE ONLY Complete Date: I License Years: License p: Board Meeting Date: I I Transaction #: Issue Dote: Examiner: 0 C T 15 2221 P I ALCOHOL . ANA CONRev.12/12/2023 f5 STATEOFALASKAO ge State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 11 of 204 AGENDA ITEM #10.A. Oa�� k MAk�.i r AWO co^�oc o�sc� Premises to be licensed Elan existing facility Alcohol and Marijuana Control Office 550 W 711 Avenue, Suite 1600 Anchorage, AK 99501 a I[Dhol. licensinaCm alaska.gm http. /%-4ww_commerce ,)laska. gov/%veb/anu o Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-00: New License Application Section 2 - Premises Information a new building F] a proposed building The next two questions must be completed by an applicant for a beverage dispensary or beverage dispensary tourism license and package store applicant only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in your answer. 4.99 miles I What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? Include the unit of measurement in your answer. 126 miles Section 3 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section 4. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: El applicant ❑ affiliate Name: Address: City: State: ZIP: Email: Phone Number: This individual is an: ❑ applicant 1:1affiliate Name: Address: city: State: ZIP: Email: Phone Number: rev 12/12/2023 QGC�C�O�IGD OCT 15 2021 nwr)l MAAi,,IiA%A CuNTROL OFFICE Page 2 of 5 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 12 of 204 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office 550 W 711 Avenue, Suite 1600 AMCO ' alcoholAnchorage, AK 99501 .hcensinq�r,a,. ,.inns ,t.._ `t_tps.//vimv commerceealaska.gov/web%arnto C� "ROL OFF, Phoney 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-00: New License Application Section 4 - Entity Ownership Information This section must be completed by any entity including a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 5. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the application shall be executed by an authorized officer of the Corporation. Information must be completed below for each stockholder who owns 10%ormore of the stock in the corporation, and for each president vice- president secretary, and managing officer. • If the applicant is a limited liability organization, whether manager managed or member managed, the following information must be completed for each memberwith an ownership interest of 1096 or more and for each manager regardless of ownership share. • If the applicant is a partnershipincluding a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. • For any entity, identify all affiliates for your organization as defined at 3 AAC 305.950. Entity official: Brenda Sue Friend Title(s): Member IPhone: (907) 539-1978 I %Owned: I51 Address: P.O. Box 175 City: Kodiak I state: AK ZIP: 99615 Email: brenda@friendcontractors.com Entity Official: Jeremy Devoe Williams Titles): Member Phone: (480)518-5423 %Owned: 24.50 Address: P.O. Box 175 City: JKodiak state: AK ZIP: 99615 Email: jeremy@friendcontractors.com Entity Official: Jerrol Devoe Friend Title(s): Member I Phone: (907) 539-1978 1 % owned: 24.50 Address: P.O. Box 175 City: Kodiak state: AK ZIP: 199615 Entity Official: Title(s): Phone: % Owned: Address: City: State— n rev 12/12/2023 IniL��L�u�r Page 3 of 5 ALCOHOL AM1ndl,ah� ei � t OL OFFICE State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 13 of 204 AGENDA ITEM #10.A. ��aoL � �fk,JG72 AMCO Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office SSO W 71h Avenue, Suite 1600 Anchorage, AK 99501 aliJh01 6CeniI++G Ld diJSkd..iUo httus /%www ammerce-alaska eov/web/amco Phone: 907.269.0350 Form AB-00: New License Application This subsection must be completed by any applicant that is a corporation or LLC or who has registered as a business entity with the Division of Corporations, Business, and Professional Licensing (CBPL). Any entity registered or required to be registered with CBPL must be in good standing and have a registered agent as defined at AS O4.11.430. CBPL Entity a: 10202519 1 AK Formed Date: 7/28/22 Home State: AK Registered Agent: Gabriel E. Sassoon Agent's Phone: (907) 789-3166 Agent's Mailing Address: P.O. BOX 32819 City: Juneau I state: JAK I ZIP: 99803 Email: gsassoon@bbslawyer.com Yes No Does your registered agent satisfy the requirement of AS O4.11.430? FV11 ❑ Section 5 - Other Licenses Ownership and financial interest in other alcoholic beverage businesses. Yes No Does any representative or owner named in this application have any direct or indirect financial interest in any other a alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license iumber(s) and license type(s): 7 - Section 6 - Authorization Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? Yes No If "Yes", disclose the name of the individual and contact informabm forthe individual, indudi+gphone number and email, and the authority for this authorization: Daniel G. Bruce, (907) 789-3166, dbruce@bbslawyer.com & sdavenport@bbslawyer.com [„3C-COI�D ALCOHOL SiRU,ANAIASKAOLOFFICE rev 12/12/2023 Page 4 of 5 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 14 of 204 AGENDA ITEM #10.A. .,o~&�A4 Alcohol and Marijuana Control Office ca e, 550 W 711 Avenue, Suite 1600 e r Anchorage, AK 99501 AMCO aiceho l.iice isine;4a, GKa nags /iwww commerce aiaska, gov/web: anic c c�'hRoc O�� Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-00: New License Application Section 7 - Attestations Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is g grounds for rejection or denial of this application or revocation of any license issued. i certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, whileL% selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 305.700. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. I hereby certify that I am the person herein named and subscribing to this application and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. I certify that all proposed licensees have been listed with Division of Corporation, Business and Professional Licensing. I certify that I and any individual identified in the business entity ownership section of this application, has or will read AS 04 and its implementing regulations. Brenda Sue Friend, Member of Friends by the Ocean, LLC - Brenda Sue Friend Printed name of licensee I ANIP..? - wwmn Rj- ME61"Oriex , I JrJ ��IGDr._ i 0 C T l5 202k1 ALCOHOL STATE 0 A ASKA CONTROL OFFICE rev 12/12/2023 Page 5 of 5 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 15 of 204 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office eY G� 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 AMCO alcohol licensing(a3alaska Any httQs://www.cornrnerce alaska p0v/web/arn g co'�Roc o��b' Alaska Alcoholic Beverage Control Board Phone: 907.269.0350 Form AB-02: Premises Diagram Why is this form needed? A detailed diagram of the proposed licensed premises is required for all alcohol license applications, per AS O4.11.260, 3 AAC 305.630 and 3 AAC 305.660. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. This form must be completed and submitted to AMCO's Anchorage office before any license application will be considered complete. You may attach blueprints or other detailed drawings that meet the requirements of this form. The diagram MUST include: • You must use a solid, contiguous red line to outline the outer perimeter of your premises with no breaks or separations. o The red outline is required to follow a physical barrier (wall, fence and even across doorways). o There should be no red lines within the perimeter • Each area should be clearly labeled in any color other than red where alcohol is: o Stored o Served/Sold o Manufactured o Consumed • All diagrams must include: o Dimensions (AMCO does not accept diagrams drawn to scale) o Cross streets o Points of reference, such as a compass rose indicating True North o All entrances, exits, walls, bars, and fixtures • If your premises include multiple floors, please include a separate diagram of each floor. o You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each halfway/corridor that leads to each set of stairs. • If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. • Any license applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section 1 - Establishment Information Enter Information forthe business seeking to be licensed, as identified on the license application. Licensee: I Friiends by the Ocean, LLC License Number: 04.09.030 License Type: Winery Manufacturer Doing Business As: Friends by the Ocean Premises Address: 38057 Chiniak Highway City: Kodiak o 5 State: 1AK zIP: I99615 rev 12/12/2023 I 15 262,'- .J ALCOHOL MARIJUANA CONTROL OFFICE STATE Of A Page 1 of 2 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 16 of 204 AGENDA ITEM #10.A. 00� k MA'jo�' Alcohol and Marijuana Control Office c� e, 550 W 711 Avenue, Suite 1600 Anchorage, AK99501 AMCD alcohol, icens,;)p0,olaska gny httUs //www.commerce alaska.gov/web%amcc co 0Lot"c`r Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Section 2 - Detailed Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property. See above for detailed instructions. CY,�traehv11 agrm s rev 12/12/2023 OrT 15 2024 •.LCOhOL MA:lijUANA CONTROL OFFICE S1ATE OF ALASKA Page 2 of 2 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 17 of 204 ® xERaRP p ND Fl%FD le)- DN SnOG O tYOL TAELE LD' GYP SEATH6, M TN] RO 5� OF $TAIR5 (MA) � ELFLTRIL HEAT PVHP pip POST,M WATER xEATER BOOR FMiSx:VMn p LoaRING,M Y GlNxG FlHISx_ SIp' ---- PwIVTED GTP o' UP pTORwG! p 1pT (11.1 DOp 1TR (bUB'7 IF 5HELVtl ]Ip%pID S (LOv5UME�O1lR LI/LU L yy a INTER RUvIT MEiGHix� LIEVEL s leehel AA p ® oRro and Manufacc turing g u ,E ' f SIGHT ro -1 p samples i L 4 gg \\ p.... S( { � ob.+vnep Dxp FAMED \ / — � PONrvapu R _ _ — — — — — — — — — — — — — — — — — — — — — — — — — — — — —— T NMP ERIOR UNIT �RDOF AEWE,M EMERMDR YWLLS ],t GTUD5 ®1p-OL 38057 Chiniak Hwy, Kodiak, AK WINERY 37961 Chiniak HWY Kodiak, AK 99615 m AMCO Received 3/26/2025 V CD co N 0 w Rua o.L wFVRw a+s,oe. (oec rROTecTaR r+FlLne . FUF w!c ceTree.wlorvo rt x!' .a �TO.I Y R+wr fIAIK[ Wu K SYr-RLMSTMr )�' ,r-r, yr. r.F rOlT M ILI.I z $ Lp N y Y6V0l4 _ T re`d R(KNr vwiCv � IVr eFOFr1.�0 S(rrp)--_} � KLUMYJ.faH )1PORIW�! iR v I{ sLe efuDS�IF'OL T+KE we. rr✓ NwORwL u ` eOC Or lrNA 1'' C v ruFTEO err aveN y A )Y� ,� ILOOR rIFIlH.VNTL � E NbE1E0lF.4 K IVFFf�rLuoow Tn i8 R.�w an a o a of •.^ oo! .rove } I � nn -~Q nma ` L Y4lVF5 � IIRU•M1 .GTIR6lOWlR �ll� Z 1 PWIfCI: �rTFea waNwHEoI �j dram MCL � Iwrniwr ti rNoN�w.i cel.�He ,n.rr..u4. ®_ NrcaeR unr I w 4!«r THIS LcvcL, � a e seRre i y I � rg� woo l4 W D. F'j.T NFIr r'h. Ne.Fr n.H. (.rTCRaRVM• 3 � `� 1'YLIi � Raw+wn rr na r+ y A-3 w L!T M KAR PLAN —z�l� wERvrRtu.(ntc � sEw uLmow nn�Lr i. 3 rROIM9NC*F 3 of 33 v CD N O O N O A 38057 Chiniak Hwy Winery I ^uJI 8r I" Oct., q 37961 Chiniak Hwy OWN" /*w AGENDA ITEM #10.A. WINERY 38057 CHINIAK HWY KODIAK, ALASKA 99615 .Nam M64=E"ALW: e.1pliviam-ma, ------0 z §16 A-1 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 21 of 204 AGENDA ITEM #1O.A. -> W & . o ? ki! _ s A-2 w_ Slv. snnN n y>, ?�rwyr¢��wnor� /1 Z dG V �2 of 33 ' State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 22 of 204 AGENDA ITEM #1O.A. FlM1N VLeu NOTF.� LAJ Ell T 7 0 P== ® Z ' ® A-3 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 23 of 204 AGENDA ITEM #10.A. E� eu NOiEE� UJ •rxn. r.uamwmuc. v^'"'�un.em+nu„oumu wrmww� •' �' ' � W ai! cc ii1 r *f� .< 2 i �4 of 13• 0ee mi � a State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 24 of 204 AGENDA ITEM #10.A. State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 25 of 204 AGENDA ITEM #10.A. S-1 Z,10= State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 26 of 204 AGENDA ITEM #10.A. State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 27 of 204 AGENDA ITEM #1O.A. fln(�v�f e,M NC. P�eu Nn �o rcxnoxuwo.w..owr�m.wuwwuwa.upr.,•�u.vtt W6J 5 mod` Iji S-2 f f P �. u NB of 13• State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 28 of 204 AGENDA ITEM #1O.A. S-4 9 of 13 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 29 of 204 AGENDA ITEM #10.A. 15 OFm f 1 zu� I 3m- i i S-5 j(lp_LLOOML '1 P n e10 at 13 ! State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 30 of 204 AGENDA ITEM #1O.A. S�6 ?N�fyg1���6_�s�ea wply State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 31 of 204 AGENDA ITEM #10.A. W �i ■ .e g i S-7 .UPPiRfl00i fRAN11NG3tAtt /1 IOWE NOOFFHAWNGP ` 12 of 13 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 32 of 204 AGENDA ITEM #10.A. W r� O w �wi m < n2pVRQsssEQ1oN n i t I S-8 11, 13.f 13 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 33 of 204 AGENDA ITEM #10.A. Friends by the Ocean Security Plan Contact Information Brenda Friend admin@friendsbytheocean.com (907) 539-1978 www.friendsbytheocean.com Chiniak, Alaska 99615 AMCO received 10/15/2024 Winery OCT 15 2024 ALCOHOL MM OF AGUN I OL OFFICE ATE State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 34 of 204 AGENDA ITEM #10.A. Friends By The Ocean LLC Winery Security Plan 1. Introduction Friends By The Ocean LLC is dedicated to creating a safe and secure environment for our customers, staff, and assets. This security plan outlines the measures and protocols we will implement to ensure the safety of our operations and compliance with all regulatory requirements for obtaining an alcohol license. 2. Security Personnel 2.1 Staffing • We will employ a professional security team that includes: • One full-time security manager responsible for overseeing all security operations. • Two part-time security officers during regular business hours. • Additional security personnel for special events and peak seasons. 2.2 Training • All security personnel will undergo comprehensive training, including: • Basic security and surveillance techniques. • Conflict resolution and de-escalation methods. • Emergency response procedures, including fire and medical emergencies. • Alcohol service regulations and compliance training. 3. Surveillance and Monitoring 3.1 Monitoring System • A state-of-the-art monitoring system will be installed, covering: • Entrances and exits. • All consumption areas. • Storage areas for alcohol. • Exterior premises. 3.2 Monitoring • Footage will be monitored in real-time by security staff. • Recordings will be stored for a minimum of 30 days for review in case of incidents. 4. Access Control 4.1 Entry Points • All entry points will be controlled and monitored, including: • Secure access doors with keyed entry for employees. • Guest entrances monitored by security personnel during operating hours. 4.2 ID Checks • Customers will be required to show valid ID before being served alcohol. • Staff will be trained to recognize and handle fake IDs. 5. Alcohol Storage and Handling 5.1 Secure Storage • Alcohol will be stored in a locked, secure area accessible only to authorized personnel. • Inventory will be regularly audited to prevent theft and ensure accurate record -keeping. 5.2 Handling Procedures • Alcohol will be handled following strict protocols to prevent unauthorized access or tampering. • Employees will be trained in proper handling and storage practices. AMCO received 10/15/2024 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 35 of 204 AGENDA ITEM #10.A. 6. Emergency Response Plan 6.1 Fire Safety • Smoke detectors and fire extinguishers will be installed throughout the premises. • Staff will be trained in evacuation procedures. 6.2 Medical Emergencies • First aid kits will be available at strategic locations. 6.3 Incident Reporting • All incidents, including security breaches and accidents, will be documented and reported to the security manager immediately. 7. Crowd Management 7.1 Event Security • For special events, additional security personnel will be hired to manage larger crowds. 7.2 Customer Conduct Clear guidelines on customer behavior will be displayed, and disruptive individuals will be dealt with promptly and professionally. 8. Regulatory Compliance 8.1 Adherence to Laws • Friends By The Ocean LLC wit] comply with all local, state. and federal regulations regarding alcohol service and security. 9. Community Relations 9.1 Transparency • An open line of communication will be maintained with local authorities, and any incidents will be promptly reported to the appropriate agencies. 10. Conclusion The security plan for Friends By The Ocean LLC winery is designed to create a secure environment that prioritizes the safety of our customers, staff, and assets. Through rigorous training, comprehensive surveillance, strict access control, and adherence to regulatory requirements, we aim to ensure a safe and enjoyable experience for all. This plan will be reviewed and updated regularly to adapt to any emerging security challenges and ensure continued compliance with all relevant laws and regulations. AMCO received 10/15/2024 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 36 of 204 AGENDA ITEM #10.A. Alcohol and Marijuana Control Office o�ov k N�R��G 550 W 7N Avenue, Suite 1600 4 2y Anchorage, AK99501 Y .9lcoho! hcensin_,�Wolas.ka eov ^O htlps11w,v- commerce aLiska 90v�webraMcr, Phone, 907.269.0350 rU1�ROLU�C�' Alaska Alcoholic Beverage Control Board Manufacturer Sampling Endorsement Application The new endorsement application form is required to apply for an endorsement to support your underlying license or pending license application. Applicants should review and become familiar per AS O4.09.050, 04.09.400 and 3 AAC 305.330. This form must be completed and submitted along with all other required forms and documents before any endorsement application will be considered complete and placed in the queue for our licensing examiner to review. In addition to the biennial fees, a $25 Endorsement Application fee is required. Section 1 - Establishment and Contact Information Licensee: Friends by the Ocean, LLC I License #: 04.09.030 License Type: Winery Manufacturer I Doing Business As: I Friends by the Ocean Licensee Mailing Address: PO Box 175, Kodiak, Alaska 99615 Full Premises Address: 38057 Chiniak Highway City: Kodiak State: I AK ZIP: 99615 Local Governing Body: Kodiak Island Borough Email: I brenda@friendcontractors.com Section 2 - Endorsement Requested Check Here Manufacturer AS O4.09.410. A manufacturer sampling endorsement authorizes the holder of a brewery Sampling manufacturer license, winery manufacturer license, or distillery manufacturer license to offer for Endorsement consumption on the licensed premises at no charge a small sample of an alcoholic beverage produced by the manufacturer. The biennial fee for a manufacturer sampling endorsement is $200. The below touches on many requirements, etc. within the endorsement. • A person serving a sample of an alcoholic beverage under this section must have a current alcohol server education card issued under AS O4.21.025(c). • Only the license holder or an agent or employee of the license holder may serve a sample. • A person who offers a sample of an alcoholic beverage for consumption on the licensed premises of a brewery, winery, or distillery without an endorsement under this section commits the offense of unendorsed sampling. Section 3 - Areas Covered by Endorsement Does the endorsement apply to your entire licensed premises as approved by the ABC Board? Yes No ❑ Does the requested endorsement expand your currently licensed premises? Yes a No Q • If No, attach the approved diagram, no larger than 81/2" x 11" of the layout, and identify the portions ofthe premises covered by various requested endorsements_ You must use a solid, contiguous colored line in anycolorother than red to outline the outer perimeter of the area of the premises covered by the requested endorsement(s). • If endorsements are overlapping, provide a conspicuous means to distinguish each endorsement from theother (e.g., keyed map with varying colors for each requested endorsement. • Your drawing MUST include: Dimensions in feet not square feet of all exterior walls and major interior walls (we do not accept -- diagrams drawn to scale)pMp • Include cross -streets 12/12/2023 0rT?5�024 t,LC0n0L,VAnL,UAu4 ClhTAOL OFFICE STATE. OF ALASKA Page 1 of 2 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 37 of 204 AGENDA ITEM #1O.A. Alcohol and Marijuana Control Office 550 W 71' Avenue, Suite 1600 �o t Anchorage, AK 99501 r alcohol.11censsneiZaas<a gov AMCO hops //www commerce alasRa.eov/web%amcc Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Manufacturer Sampling Endorsement Application • A north arrow, and any significant geographical features. Points of reference, such as a compass showing North. • All entrances, exits, walls, bars, and fixtures • If your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • Any endorsement applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section 4 - Attestations I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application it I I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued- 1 certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and while selling or serving alcoholic beverages, will tarry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3AAC 305.340. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. cm� I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence of other documents submitted are true and correct. I understand that any falsification or misrepresentation ob of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license, and or endorsement. I further understand that this is a Class A misdemeanor under AS 11.56.210 to falsify an application and commit the crime of unsworn falsification. Brenda Sue Friend, Member of Friends by the Ocean, LLC Printed name of licensee Signature of licensee Date i!(-.T 15 2024 4_CO,10LWAswUANACONTROL OFFIC f STATE OF ALASKA 1 12/12/2023 Page 2 of 2 State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 38 of 204 AGENDA ITEM #10.A. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held at 6:30 p.m. on Thursday, August 7, 2025, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear public comments on the new application below. License Type: Winery Manufacturer License No. 16480 Licensee: Friends by the Ocean, LLC DBA: Friends by the Ocean Premises Address: 38057 Chiniak Highway, Kodiak, AK 99615 Endorsement(s): Manufacturer Sampling Endorsement (MSE) If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerks(a�kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. Name: Comments: Mailing Address: Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 39 of 204 AGENDA ITEM #10.A. Applicant: Friends By The Ocean Request: Winery Manufacture Sampling Endorsement ,l Address: 38057 Chiniak Highway Kodiak, AK 99615;. Notification: Required within 1500ft of Property�'• Kodiak Island Borough, State of Alaska Kodiak Island Borough GIS Notification Parcel This map is provided for informational www.kodiakak.us Subject purposes only and is not intended for (907)-486-9332 All Other Parcels any legal representation. 0 04 0.8 Miles State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery M... Page 40 of 204 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: 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 ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Ordinance No. FY2025-02C. DISCUSSION: This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2025 Budget or project estimates. Funds (not including Capital Protect funds) Funds are accounts established to account for the revenues and expenditures of money with specific purposes. The following funds are being changed with this budget amendment. Fund Net Increase/(Decrease) 100 General Fund ($8,978.59) 220 Building & Grounds $25,912.57 530 Solid Waste Collection & Disposal ($22,068.01) 555 Kodiak Fisheries Research Center ($1,000,000) Renewal & Replacement Fund Fund that accounts for tax revenue from annual tax levies. Net Increase/(Decrease Ordinance Amendments ($425,000) Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project is developed when the project is originated. Throughout the life of a project, the scope of work, deadlines and the need for money may need to be amended. The projects being amended by this budget amendment are: Capital Project Fund / Protect # Protect Name Net Increase/(Decrease 415 / #22008 Kodiak Fisheries Research Center Fuel Spill $8,978.59 415 / #25004 KIB Air Conditioner Removal & Replacement $26,165.64 415 / #21005 Emergency Borough Building Boiler Repair ($844.17) 415 / #21008 Peterson HVAC/Roof Replacement ($51,234.04) 428 / #22000 Kodiak Fisheries Research Center Decontamination $750,000 Kodiak Island Borough Ordinance No. FY2025-02C, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 41 of 204 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING 428 / #25013 Kodiak Fisheries Research Center Seawater Intake Pump $250,000 455 / #25014 Mill Bay Beach Stairs Replacement $125,000 469 / #11009 Island Wide UST Removal/Replacement $300,000 492 / #25001 Landfill Baler Floor Overlay Replacement $22,068.01 ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2025-02C, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 42 of 204 AGENDA ITEM #10.B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-02C AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2025-02, FISCAL YEAR 2025 BUDGET, BY AMENDING BUDGETS AND APPROPRIATIONS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS WHEREAS, staff requests a transfer of $8,978.59 from the General Fund to the Capital Project — Kodiak Fisheries Research Center Facility Fuel Spill project for unreimbursed expenses; and WHEREAS, staff requests a transfer within the General Fund of $100,000 from the Borough Management Department to the Engineering & Facility Department due to project and staff changes; and WHEREAS, staff requests a transfer within the General Fund of $120,000 from Community Development Department to the Engineering & Facility Department due to project & staffing changes; and WHEREAS, staff requests a transfer of $26,165.64 from Building & Grounds fund to the Capital Project - KIB Air Conditioner Removal & Replacement due to completion of the project; and WHEREAS, staff requests a return of $844.17 from the Capital Project fund — Emergency Borough Building Boiler Repair project to the Building & Grounds fund due to completion of the project; and WHEREAS, staff requests a return of $51,234.04 from the Capital Projects fund Peterson HVAC/Roof Replacement to Building & Grounds fund due to completion of the project; and WHEREAS, staff requests a transfer of $300,000 from within the Renewal & Replacement fund — Island Wide UST Removal / Replacement project to continue work; and WHEREAS, staff requests a transfer of $125,000 from the Renewal & Replacement fund to the Capital Project fund - Mill Bay Beach Stairs Replacement project; and WHEREAS, staff requests a transfer of $22,068.01 from the Solid Waste Disposal & Collection fund to Capital Projects fund — Baler Floor Overlay Replacement project due to completion of the project; and WHEREAS, staff requests a transfer of $750,000 from the Kodiak Fisheries Research Center fund to the Capital Projects fund — Kodiak Fisheries Research Center Decontamination Project; and WHEREAS, staff requests a transfer of $250,000 from the Kodiak Fisheries Research Center Ordinance No. FY2025-02C Page 1 of 2 Ordinance No. FY2025-02C, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 43 of 204 AGENDA ITEM #10.B. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 fund to the Capital Projects fund — Kodiak Fisheries Research Center Seawater Intake Pump Replacement Project. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The following budget amendments are made, and supplemental appropriations are approved: Transfer ADDroariations: Fund — Department Transferring Out Fund — Department/Project Transferring in Transfer Amount 100 General Fund 415 Project #22008 $8,978.59 100 General Fund / 105 Borough Management Dept. 100 General Fund / 135 Engineering & Facilities Dept. $100,000.00 100 General Fund / 120 Community Development Dept. 100 General Fund / 135 Engineering & Facilities Dept. $120,000.00 220 Buildings & Grounds 415 Project #25004 $26,165.64 415 Capital Project / #21005 220 Building & Grounds $844.17 415 Capital Project / #21008 220 Buildings & Ground $51,234.04 469 Renewal & Replacement 469 Capital Project / #11009 $300,000.00 469 Renewal & Replacement 455 Capital Projects / #25014 $125,000.00 530 Solid Waste Disposal & Collection 492 Capital Project / #25001 $22,068.01 555 KFRC Fund 428 Capital Projects / #22000 $750,000.00 555 KFRC Fund 428 Capital Projects / #25013 $250,000.00 Effective Date: This ordinance takes effect on June 30, 2025. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Borough Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2025-02C ATTEST: Nova Javier, MMC, Borough Clerk Page 2 of 2 Ordinance No. FY2025-02C, Amending Ordinance No. FY2025-02, Fiscal Year ... Page 44 of 204 AGENDA ITEM #11.A. Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams, Borough Manager RE: Manager's Report, August 07, 2025 Manager's Department Russian River and Sargent Creek Bridges Attended a monthly meeting with the team that is starting the Planning and Environmental Linkages (PEL) study for the replacement of these two bridges. Staff was asked to help create a focus group for the study. North Star Elementary • There is a presentation scheduled for the August 14th work session to go over the request from Sun'aq to move their daycare to the North Star Building. • KIB has walkthrough with KIBSD scheduled for Wednesday, August 20th to evaluate the condition of the building before it is handed over to KIB • The utility switch over has began. The electricity and solid waste bills have been put into KIB's name at this point. Emergency Management Training There will be a local in -person class for ICS-300. If you are interested in receiving this training, please let me know. Women's Bay Service Area Attended the monthly meeting in Bells Flats to ensure that the transition to a new road service area contractor was going smoothly. It appears that the adjustment to both the new contractor and the new contract is going well. Alaska Housing Finance Corporation 2026 Rural Professional Housing Grant Program required a Letter of Intent / Registration to be filled out by August 1st for this year's funding. KIB did complete that step to keep us eligible for this grant. Page 45 of 204 AGENDA ITEM #11.A. AML Summer Conference Mayor Arndt and I will be traveling to Utqiagvik next week and will not be at the August 14th Work Session. Seema Garoutte will be the Administrative Official during my absence. Emergency Alerts Our community is transitioning away from Nixle alerts to a new alert system through CivicPlus. If you would like to receive these alerts, please text "KODIAK" to 38276. Software Conversion Timeline August 181h - 22nd Assessing - Dedicated implementation/testing/training August 25th - 291h August 25th - 29th September 1st- 12th September 12th September 15th - 19th September 23rd Current Recruitments Assessing — Continued testing and verification Finance - Dedicated implementation/testing/training Continued spot training, testing and verification work — both departments End of Day backup sent to Tyler by Fred Freeze week for both departments — no work in PACS while data is being converted Go -Live • Maintenance Coordinator • Solid Waste Manager / Environmental Specialist (two interviews completed) • Temporary Laborer and Full-time Laborer • Temporary Receptionist Community Development Planning & Zoning Commission — August 13, 2025, Work Session The Commission will hold a work session on August 13, 2025. The work session includes discussion items related to code amendments to Title 17 related to childcare facilities and potential changes to the definitions chapter regarding short-term rental related definitions. In addition, the work session will conduct a packet review for the August 20, 2025, regular meeting. The packet review includes land disposal items for the Island Lake Road property and two tax foreclosed properties, a similar use determination for daycare services for North Star School building within the Public Use Lands (PL) District, the capital improvement program, and proposed amendments to the Commission's Bylaws. Page 46 of 204 AGENDA ITEM #11.A. Planning and Environmental Linkages (PEL) Study for Russian River and Sargent Creek Bridges Update Borough staff met with HDR, Inc., the consultant for the PEL Study project and with Alaska Department of Transportation and Public Facilities to discuss the development of a stakeholders list, development of the public engagement process, and the status of the Hydrology and Hydraulics Study. Staff will continue to update the Assembly as the PEL Study project progresses. Finance Department 2025 Property Taxes The first deadline for those wishing to make half payments is Friday, August 15tn Property Assessment and Taxation Implementation Project Staff is starting to schedule training sessions to review tables and processes. Data is still being cleaned/reviewed, and entry screens and forms are still in development with Tyler. Go -live date is currently planned for September 2025. Temporary Receptionist We are advertising for a temporary employee to fill the gap so that all of the finance staff can be present for training on the new Tyler software. Assessinq Senior Citizen (SC) / Disabled Veteran (DV) Exemptions • Staff mailed: 34 (26 SC and 8 DV) denial letters. • Outstanding applications: 23 (21 SC and 2 DV) remain undetermined. Exemption Appeals • No SC/DV good cause appeals are scheduled. The hearing has been removed from the agenda. • Two cases from the May 5, 2025, BOE for valuations have been settled. Staff is waiting on the dismissals to be filed with the court. Field Work • Assessing is working in all villages and remote areas. • Akhiok, Karluk, Old Harbor and Larsen Bay, Ugak, as well as 2 (of 5) remote fly to only, have been completed • Final boat trip is scheduled Sept. 22 AAAO summer meeting Assessing staff will be attending the summer AAAO meetings virtually on August 12tn and 13t" 8:OOAM-12:30PM. Page 47 of 204 AGENDA ITEM #11.A. Engineerina and Facilities Engineering Director Vacation Codi Allen is out of office this week and will return on August 11. Patricia Valerio, Interim Project Manager, is filling in while he is absent. Chiniak School Painting Bid opening occurred on July 24, 2025. Staff received one bid by Highmark Marine Fabrication. This item is on the Assembly agenda for the meeting tonight for presentation and consideration of approval. KFRC • Industrial Pump Alaska order is moving forward. The pumps have been ordered and are in production. Approximately 11 weeks out. • KFRC Ozonator (Decontamination) project has been reviewed and is ready to be advertised for bid. Discussions with the State of Alaska are occurring regarding the current requirements, and we will be requesting an extension in September for the 2026 construction season. No movement on these GSA items: • GSA has had a reduction in force, we are awaiting response of who will be our new GSA contact. • Staff continues to wait for a request for additional electrical circuits have been priced for GSA consideration to accommodate additional chillers for NOAA. Project to be funded on the next fiscal year's budget. This project will be postponed due to the lack of funding. The bidder has been notified. Landfill • Regional Solid Waste Management Plan Both KIB and KANA staff have been actively coordinating with the contractor to gather additional data for the report and are working together to determine the most effective way to distribute the surveys once they are ready for release. KIB Staff have received a structured outline for the report. Kodiak Landfill Waste Characterization is scheduled for the week of August 11. o Village Waste Characterization is scheduled for the week of August 18. Community Surveys are being prepared and planned for disbursement. • Landfill Surface Water Monitoring Proposals were due August 4, 2025, staff received four proposals. The proposals are being evaluated by a team consisting of the Landfill Supervisor, Leachate Treatment Lead and Trainee, one Assembly Member, and the Chairman of the Architectural Review Board. Evaluations will be averaged and a cumulative score sheet will be presented to the Assembly with the apparent successful proposal. Small Projects • Mill Bay Beach Stair Replacement At the most recent Architectural and Engineering Review Board (ARB) meeting on July 23, 2025, the Board approved advancing the design from 4 Page 48 of 204 AGENDA ITEM #11.A. the 65% stage to 100%. Staff received the completed 100% design drawings on July 31. The original design contract was for $9,538.00. Due to the added scope of the stormwater analysis, the final design cost increased by $904.95, bringing the total contract amount to $10,442.95. This increase remains under the Borough Manager's signature authority in accordance with KIBC 3.30.100. • Environmental Services Request for Proposals Staff is currently developing an RFP for general environmental services for the Borough. Staff is anticipating this RFP to be advertised in the next couple of weeks. Other Contracts that will be coming up for renewal/rebid: • Analytical Laboratory Services (LTP Sample Testing) • Janitorial Services • Solid Waste Management Contract Staff Updates Laborer, Temporary, full-time or part-time Maintenance Coordinator Solid Waste Manager/Environmental Specialist Information Technology This week, the IT Department Has been working on repairing communications with the Landfill, and on supporting the Assessing and Taxation Enterprise migration for Assessing and Finance. Cybersecurity and Risk Mitigation IT is working with vendors to better understand our cloud -based security capabilities. Network and Connectivity A connectivity issue with the Landfill is being worked on, as well as working with Engineering on deploying Starlink. Hardware and Infrastructure IT is continuing to build testing Laserfiche systems for Clerks and is reviewing legacy system for upgrades. Systems Administration IT has completed migrating on premise public folders in Exchange to Office 365 and is working on advertising the KIB Cybersecurity Infrastructure project RFP. GIS GIS is continuing work on maps for Community Development for their upcoming Comprehensive Plan and met with Tyler Technologies on the upcoming migration of PACS to Assessing and Tax Enterprise. Page 49 of 204 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With MK Enterprise, LLC. ORIGINATOR: Codi Allen, Project Manager/Inspector RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2026-06 for Kodiak Island Borough Facilities Contract with MK Enterprise, LLC. DISCUSSION: The previous Kodiak Island Borough (KIB) Facilities Road Maintenance and Repairs contract expired in 2020. With all other Road Service Area contracts being updated, the Manager directed staff to issue a similar invitation to bid for the KIB Facilities contract. Staff issued an Invitation to Bid (ITB) for this contract on June 11, 2025. The ITB was advertised for the designated three weeks in accordance with KIB Code 3.30.040, and bids were due by July 17, 2025. A mandatory pre -bid meeting was held on July 7, 2025, with four (4) contractors in attendance. At the bid opening, staff received three (3) bid packages. Initially, AIM Maintenance LLC was identified as the apparent low bidder based on the bid tabulation. However, after a final review and processing of the bid packages, in -accordance - with KIB Code 3.30.050, staff determined that MK Enterprise LLC was the lowest -cost, responsible bidder with a responsive bid package. Staff would like to review several concerns that arose during the bid process. Below is a timeline of events corresponding with staff's discussion: Timeline: • June 11, 2025 — Invitation to Bid issued • July 7, 2025 — Mandatory Pre -Bid Meeting • July 8, 2025 — Questions due • July 17, 2025 — Bid packages due; Bid Tabulation sent to all bidders • July 17, 2025 — Email notification sent to apparent low bidder (AIM Maintenance LLC); No Notice of Intent to Award was issued • July 18, 2025 — Staff began discussions with the KIB Attorney regarding responsible bidder determination • July 22, 2025 — Staff received notice that a contractor intended to submit a bid protest • July 24, 2025 — Policy decision made by the Manager regarding responsible bidder, following discussions with the Attorney • July 24, 2025 — EF Director issued and emailed a Notice of Non -Responsive Bid to AIM Maintenance LLC • July 24, 2025 — Discussions held in -person and by phone with AIM Maintenance regarding the non -responsive bid package • July 24, 2025 — Further discussions with the Borough Attorney regarding how to proceed with the bid award Kodiak Island Borough Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 50 of 204 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING • July 25, 2025 — Policy decision made by the Manager and EF Director on the direction for bid award • July 25, 2025 — EF Director received a Bid Protest Letter from MK Enterprise LLC • July 25, 2025 — EF Director responded to MK Enterprise LLC's Bid Protest Letter, noting that the apparent low bidder was deemed non -responsive ALTERNATIVES: 1.Take no action. 2.Reject all bids. 3.Negotiate with top two firms FISCAL IMPACT: Each facility owned by the Borough would be responsible for work conducted at their locations and pay for those services out of their own budgets. OTHER INFORMATION: The current KIB Facilities Contract, FY2017-17C, expired on June 30, 2020. The Kodiak Island Borough has been operating with the same contractor on a month -to -month basis since that time. To reduce pages in the packet, please find the following documents at the corresponding links: • Full Invitation to Bid with the Attachments at the Kodiak Island Borough Website: KIB Facilities Contract Invitation to Bid • MK Enterprises, LLC Bid Package for the Facilites Contract • Brechan Construction, LLC Bid Package for the Facilities Contract • AIM Maintenance, LLC Bid Packaae for the Facilities Contract Kodiak Island Borough Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 51 of 204 O v n z O N O N T O O) v (D Cn N O N O A Kodiak Island Borough Bid Tabulation - Final KIB Facilities Contract Bid Opening: July 17, 2025 at 2:00pm Contractor Base Bid Base Bid Total Alternate Bid Routine Maint. Avg. Materials Avg. Equp. Table 1 Avg. (Non Prevailing) Equp. Table 2 Avg. (Prevailing) Annual Facilities Sweeping Rate Table Avg. (Average of the Averages) Equip. Table 3 Avg. (Tie Breaker - if needed) MK Enterprises LLC $ 164.38 $ 30.33 $ 166.75 $ 179.38 $ 1,183.33 $ 344.83 $ 205.94 Brechan Construction LLC $ 193.88 $ 23.50 $ 188.63 $ 188.63 $ 1,875.00 $ 493.93 $ 289.33 AIM Maintenance LLC * $ 207.50 $ 32.01 $ 183.44 $ 176.56 $ 91.67 $ 138.24 $ 204.00 This bid tabulation is UNOFFICAL until KIB staff have a chance to review and verify the bid documents submitted by the apparent low bidder, and the contract receives administrative or Assembly approval. * * AIM Maintenance LLC was deemed a non -responsible bidder with letter dated July 24, 2025. Bid Costs Calculated and Verified by: Codi Allen Date 7.17.2025 Patricia Valerio Date 7.17.2025 AGENDA ITEM #14.A.1. Kodiak Island Borough ENGINEERING & FACILITIES DEPT. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9341 Fax (907) 486-9394 E-mail: EFproiects(cDkodiakak.us July 24, 2025 To: Athenas & Jeremy Williamson, AIM Maintenance LLC *entailed to williamsonmaintenance@gmail.com on 7/27/2025 at 10:36am. From: Codi Allen, Acting Engineering and Facilities Director, Kodiak Island Borough RE: Kodiak Island Borough Facilities Contract FY2026-06- Notice of Non -Responsive Bid AIM Maintenance LLC, You submitted a bid for opening on July 17, 2025, in response to the June 11, 2025, Invitation for Bids (IFB) for the Kodiak Island Borough (KIB) Facilities Contract, for Repairs, Snow Removal, Sanding and Small Projects, also identified as contract number FY2026-06. The work to be performed included annual facility sweeping of ten parking areas ranging from14,604 sq. ft to 153,711 sq. ft.; snow removal for the same facilities; and ice control for the same facilities. Additional work identified included grading, ditch clearing and maintenance work orders. Section 12.0 of the IFB called for evaluating bids based on the lowest total bid for the work awarded, and indicated that, if awarded, the contract would be awarded to the lowest responsible, responsive bidder whose Bid complies with all the requirements prescribed. The lowest bid is to be determined based on the average of the totaled average costs of the materials and equipment described in the base bid tables listed. There were five such tables. Equipment rate table 3 was to be used only if there was a tie. The bid documents received from AIM Maintenance LLC (AIM) listed costs for sweeping with $0 for mobilization and demobilization, and a flat $100.00 for each of the ten areas to be swept. The resulting total of $1,100 for twelve items, and the average of $91.67, was significantly out of proportion with the figures for that work submitted by other bidders. Without the inclusion of the sweeping table average AIM's bid was the highest. The sweeping portion of the Bid was not only significantly below (less than 10% of) the other bids submitted for that category of work, but the rates in the bid were less than the hourly rate for the street sweeper equipment rate bid in the equipment schedule. The total for all sweeping was $1,100, which is only about 13% of the amount previously charged for sweeping just the school parking lots in 2022, and well below rates previously charged for parking lot skidsteer sweeper work in 2023. Section 4.0 of the IFB addresses responsibility of bidders. KIBC 3.30.080 also lists consideration for determining the responsibility of bidders. Letter Dated July 24, 2025 Page 1 of 1 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 53 of 204 AGENDA ITEM #14.A.1. Section 5.0 of the IFB addresses responsiveness of bids. This evaluates whether the bid complies with the mandatory requirements in the IFB. Section 5.0 provides in part that "Bids may be considered non -responsive and may be rejected. Some of the reasons a Bid may be rejected for being non -responsive are: ... (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." In reviewing the AIM Bid, the sweeping rate table is excessively unbalanced and is far below what would be a reasonable bid for the sweeping work. At the same time, the AIM Bid for the routine maintenance work was notably higher than the other bidders on an hourly basis, and would be expected to result in a higher total contract cost to the KIB if the contract were awarded to AIM. The other bids received for sweeping work and the prior invoices from AIM for the same scope of sweeping work would indicate a range of average costs per location of between $708.33 if based on the 2022 invoice to $1,875.00 which was the highest bid. AIM's bid average of $91.67 is far below the amount of a reasonable bid for this item, making the Bid submitted unbalanced, and therefore unresponsive. The apparent purpose and impact of the significant underbidding of the sweeping was to submit an unbalanced bid to secure the primary maintenance work at a higher rate. Due to the unresponsive bid on the sweeping work the AIM Bid is declared unresponsive and is therefore rejected. KIB staff will be taking the bid and the recommendation of rejection to the KIB Assembly Work Session on July 31, 2025. The recommendation will be for the KIB Assembly to award the contract to the next lowest responsive bidder during the August 7, 2025, Regular Meeting. Respectfully, Codi Allen Acting Engineering and Facilities Director Kodiak Island Borough Letter Dated July 24, 2025 Page 2 of 2 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 54 of 204 AGENDA ITEM #14.A.1. From: Codi Allen To: MK Offic ; aimeewilliamsCalkodiakak.us Cc: Patricia Valerio; Clerks Subject: Re: Facilities Bid Date: Friday, July 25, 2025 1:41:28 PM Attachments: imaae.Dno Good afternoon, Thank you for bringing your concerns to our attention. I also appreciate the supporting documentation you provided with your bid. However, I would like to clarify that these concerns have already been addressed. The apparent low bidder was deemed non -responsive during the bid review process. A formal letter outlining this determination was sent to the contractor on July 24, 2025. This letter is available to the public and can be obtained through a public records request. Information on how to request Kodiak Island Borough (KIB) records can be found here: How to Request Borough Records I Kodiak Island AK - Official Website The KIB is currently reviewing the responsiveness of the remaining bids. Once that review is complete, staff will provide a recommendation to the KIB Assembly for award to the lowest responsive and responsible bidder. We anticipate presenting this information during the July 31st work session, with the award scheduled to be made by the KIB Assembly at the regular meeting on August 7th. Thank you again for your communication. I believe this addresses your current request. However, if you have additional questions or would like further clarification, please don't hesitate to reach out. For any documentation or related materials associated with this bid, please follow the public records request process outlined above. Best regards, l-� - esi Codi Allen Director Engineering & Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Ph.907-942-5925 callenPkodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 55 of 204 AGENDA ITEM #14.A.1. From: MK Office <mkoffice@kevinarndt.net> Sent: Friday, July 25, 2025 10:57 AM To: Codi Allen <callen@kodiakak.us>; aimeewilliams@kodiakak.us <aimeewilliams@kodiakak.us> Cc: Patricia Valerio <pvalerio@kodiakak.us>; Clerks <Clerks@kodiakak.us> Subject: Facilities Bid Dear Codi and Aimee, I hope this message finds you well. I'm writing on behalf of MK Enterprises LLC to formally dispute the awarding of the 2025 Facilities Bid, submitted on July 17, 2025. While most portions of the proposals appeared fair and competitive, we have serious concerns regarding the Facilities sweeping section. The awarded bid submitted by AIM Maintenance reflects an average cost of $91.67 per sweeping job —a figure that is unreasonably low given the substantial differences in property scope, ranging from 37,227 square feet to over 1.4 miles in length. It's difficult to understand how such an average was calculated or deemed acceptable. Based on our extensive experience, this rate is not sustainable and fails to cover the actual costs of labor, fuel, insurance, and equipment. This raises serious concerns about the integrity and viability of the awarded bid. We believe the bid was submitted at an artificially low rate simply to secure the award, without regard for realistic service delivery or long-term quality. We respectfully request a formal review of this portion of the bid and a clear explanation of how AIM Maintenance's pricing was evaluated and approved. For your reference, we've attached documentation from our 2024 sweeping operations, which outlines the hours and equipment required for each facility. We hope this provides helpful context for our concern. Given the seriousness of this issue, we ask for a timely and transparent response. Please feel free to contact me directly to follow up and discuss next steps. Best regards, Kevin Arndt Owner, MK Enterprises LLC PO Box 2338 Kodiak, AK 99615 (907) 486-5537 Email: mkoffice(@kevinarndt.net Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 56 of 204 AGENDA ITEM #14.A.1. Email Fjt cit n t for MK Ent. Email of Protest Dated 7.25.2025_Pagel of 6 Page 16 of 40 Sid Schedule Page 5 of 7 Annual Facilities Sweeping Rate Table Lump sum 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. Item No. Item Description Ouanti Unit Total Item Price 1 Mobilization and demobilization 1 LS 1 LS 2 KIB Administration Complex Parking (37,227 est. sq. ft.) Kodiak High School & Auditorium Parking 1 LS 3 (153,711 est. sq. ft.) Kodiak Middle School Parking 1 LS 4 (96,425 est. sq. ft.) Public Pool Parking 1 LS 5 (42,568 est, sq. ft.) Main Elementary Parking 1 LS 6 (22,286 est. sq. ft.) North Star Parking & Side Road I LS 7 (86,321 est. sq. ft.) 8 Peterson Elementary Parking 1 LS (99,454 est. sq. ft.) Bayside Fire Department Parking I LS 9 (66,214 est. sq. ft.) Kodiak Fisheries Research Center (KFRC) 1 LS 10 Parking (59,112 est. sq. ft.) KIB Mental Health Buildings 1 LS 11 (14,604 est. sq. ft.) Bike Path from East Elem. To Abercrombie 1 12 (1.94 est. miles) LS Average Total Annual Facilities Sweeping Table Average Total Annual Facilities Sweeping Table in Word Form; Dollars Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 57 of 204 AGENDA ITEM #14.A.1. MK Enterprises, LLC. 1816 Mill Bay Kodiak, AK 99615 Phone # 9074863755 Fax # 907-486-5553 Bill To Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Email Attachment for MK Ent. Email of Protest Dated 7.25.2025_Page 2of 6 Invoice Date Invoice # 6/28/2024 11506 Due Date P.O. No. 8/27/2024 Quantity Description Rate Amount 4-16-24 High School 3 Skid Steer With Broom 170.00 510.00 1 Chain Saw / Gear / Fuel/TorchiBlower 115.00 115.00 1 L60 Loader 165.00 165.00 4-17-24 High School 5 Skid Steer With Broom 170.00 850.00 4 L60 Loader 165.00 660.00 3 Labor 60.00 190.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 4-24-24 High School 4 Skid Steer w/ Broom 170.00 680.00 4-25-24 High School 4 Skid Steer w/Broom 170.00 680.00 1 L60 Loader 165.00 165.00 4.27-24 High School 6.5 Skid Steer w/ Broom 170.00 1,105.00 4-29-24 high School 3 Skid Steer WBroom 170.00 510.00 4 Labor 60.00 240.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 2 L60 Loader 165.00 330.00 Total Payments/Credits Page 3 Balance Due Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 58 of 204 AGENDA ITEM #14.A.1. MK Enterprises, LLC. 1816 Mill Bay Kodiak, AK 99615 Phone # 9074863755 Fax # 907-486-5553 Bill To Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Email Attachment for MK Ent. Email of Protest Dated 7.25.2025_Page 3of 6 Invoice Date Invoice # 6/28/2024 11506 Due Date P.O. No. 8/27/2024 Quantity Description Rate Amount 4-30-24 High School 2 Skid Steer w/Broom 170.00 340.00 1 Chain Saw r Gear / Fuel/Torch/Blower 115.00 115.00 1.5 L60 Loader 165.00 247.50 1 Labor 60.00 60.00 4-30-24 Main Elementary 2 Skid Steer w/broom 170.00 340.00 1.5 L60 Loader 165.00 247.50 5-2-24 High School 1 Skid Steer w/Broom 170.00 170.00 4.5 Labor 60.00 270.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 1 L60 Loader 165.00 165.00 5-2 24 KIB Parking Lots 1 Skid Steer w/Broom 170.00 170.00 4.5 Labor 60.00 270.00 1 L60 Loader 165.00 165.00 5-5-24 KFRC 2.5 Skid Steer w/Broom 170.00 425.00 5-11-24 6 Skid Steer w/Broom 170.00 1,020.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 Total Payments/Credits Page 2 Balance Due Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 59 of 204 AGENDA ITEM #14.A.1. MK Enterprises, LLC. 1816 Mill Bay Kodiak, AK 99615 Phone # 9074863755 Fax # 907-486-5553 Bill To Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Email Attachment for MK Ent. Email of Protest Dated 7.25.2025_Page 4of 6 Invoice Date Invoice # 6/28/2024 11506 Due Date P.O. No. 8/27/2024 Quantity Description Rate Amount 4 Labor 60.00 240.00 2 L60 Loader 165.00 330.00 5-31-24 Peterson 8 Skid Steer w/Broom 170.00 1,360.00 2 L60 Loader 165.00 330.00 I Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 10 Labor 60.00 600,00 6-1-24 Peterson/ Pool/ KIB/ High School 5 Skid Steer,",/Broom 170.00 850.00 1.5 L60 Loader 165.00 247.50 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 15 Labor 60.00 900.00 6-1-24 KIB Parking 5 Skid Steer w/Broom 170.00 850.00 1.5 L60 Loader 165.00 247.50 12 Labor 60.00 720.00 6-2-24 High School 3 Skid Steer w/Broom 170.00 5I0.00 2 L60 Loader 165.00 330.00 1 Labor 60.00 60.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 6-6-24 East 5.5 Skid Steer w.!Broom 170.00 935.00 Total Payments/Credits Page 3 [_Balance Due Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 60 of 204 AGENDA ITEM #14.A.1. MK Enterprises, LLC. 1816 Mill Bay Kodiak, AK 99615 Phone # 9074863755 Fax # 907-486-5553 Email Attachment for MK Ent. Email of Protest Dated 7.25.2025_Page 5of 6 Invoice Bill To > L AL Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Date Invoice # 6/28/2024 11506 t, J, Due Date P.O. No. 8/27/2024 Quantity Description Rate Amount I Chain Saw / Gear / FuelfForchiB lower 115.00 115.00 6-8-24 Bast 4 Skid Steer w/Broom 170.00 680.00 1 L60 Loader 165.00 165.00 6-18-24 North Star 4 Skid Steer w/Broom 170.00 680.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 6-19-24 North Star 9 Skid Steer w/Broom 170.00 1,530.00 6-22-24 Middle School 10 Skid Steer w/Broom 170.00 1,700.00 8 Labor 60.00 480.00 1 Chain Saw / Gear / Fuel/Torch/Blower 115.00 115.00 6-23-24 Middle School 10 Skid Steer w/Broom 170.00 1,700.00 6 Labor 60.00 360.00 1 Chain Saw / Gear / fuel/Torch/3lower 115.00 115.00 1 L60 Loader 165.00 165.00 6-24-24 Middle School 8 Labor 60.00 480.00 2 L60 Loader 155.00 310.00 Total Payments/Credits Page Balance Due Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 61 of 204 AGENDA ITEM #14.A.1. MK Enterprises, LLC. 1816 Mill Bay Kodiak, AK 99615 Phone # 9074863755 Fax # 907-486-5553 Bill TO Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Email Attachment for MK Ent. Email of Protest Dated 7.25.2025_Page 6of 6 Invoice Date Invoice # 6/28/2024 115116 Due Date P.O. No. 8/27/2024 Quantity Description Rate Amount Dumpster Pads 5-14-24 Grading Landfill 5 Volvo 726 Grader 235.00 1,175.00 Grading Dumpster Pads 6 Volvo 726 Grader 235.00 1,410.00 Grading Peterson and North Star Access Roads 4 Volvo 726 Grader 235.00 940.00 Total $31,745.00 Payments/Credits-$31,745.00 Page 5 Balance Due $0.00 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 62 of 204 AGENDA ITEM #14.A.1. Page 1 of 40 KODIAK ISLAND BOROUGH INVITATION TO BID KIB Facilities Contract Road Maintenance and Repairs, Snow Removal, Sanding, and Small Projects Contract FY2026-06 June 11, 2025 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 63 of 204 AGENDA ITEM #14.A.1. Page 2 of 40 Kodiak Island Borough Contract Documents Project: KIB Facilities Contract Contract Number: FY2026-06 Table of Contents ContractDocuments......................................................................................................................................2 Invitationto Bid............................................................................................................................................3 Instructionsto Bidders.................................................................................................................................. 4 BidderRegistration Form............................................................................................................................. 8 AddendumAcknowledgement...................................................................................................................... 9 Finance Department Pre -Award Qualification...........................................................................................10 Non -Collusion Affidavit............................................................................................................................. I I BidSchedule...............................................................................................................................................12 Agreement...................................................................................................................................................19 CorporateAcknowledgement..................................................................................................................... 22 Contractor Certificate of Substantial Completion.......................................................................................23 ContractRelease.........................................................................................................................................24 SpecialConditions...................................................................................................................................... 26 Sc01 General Statement................................................................................................................. 27 SCO2 Scope of Work.......................................................................................................................27 SC03 Time of Completion.............................................................................................................. 28 SC03.1 Contract Extension................................................................................................................28 SC03.2 Work Response Time............................................................................................................29 SC04 Termination...........................................................................................................................29 SC05 Disputes.................................................................................................................................30 SC 06 Continuing Obligation of Contractor.................................................................................... 30 SC 07 Insurance Requirements........................................................................................................ 30 SC08 Documentation......................................................................................................................30 Sc09 Suitable Materials..................................................................................................................31 SC 10 Special Equipment Requirements......................................................................................... 31 Sc11 Labor Rates........................................................................................................................... 32 SC 12 Hazardous Waste Generation................................................................................................32 SC 13 Site Preservation, Restoration, Cleanup and Environmental Reporting................................32 SC14 Permits...................................................................................................................................32 SC 15 Order of Award of Alternative Bids...................................................................................... 32 SC16 Payment.................................................................................................................................33 SC 17 References to Kodiak Island Borough General Conditions .................................................. 33 SC 18 Road Service Area Specifications.........................................................................................33 Sc 19 Modifications to Road Service Area Specifications.............................................................. 33 A. Snow Removal........................................................................................................................... 33 B. Ice Control.................................................................................................................................34 C. Maintenance Priority System..................................................................................................... 34 D. Grading......................................................................................................................................35 E. Brush Clearing / Ditching..........................................................................................................35 F. Quality Control.......................................................................................................................... 35 Minimum Prevailing Wage Rates...............................................................................................................36 EXHIBIT A Annual Facility Sweeping List............................................................................................... 39 EXHIBIT B Snow Removal & Ice Control Maps......................................................................................40 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 64 of 204 AGENDA ITEM #14.A.1. Page 3 of 40 Kodiak Island Borough Invitation to Bid Date: June 11, 2025 Project: KIB Facilities Contract Contract Number: FY2026-06 This project includes, but is not necessarily limited to: This work includes road maintenance, repairs, snow/ice removal, sanding, small projects, and annual facilities sweeping at the Kodiak Island Borough owned facilities. 1. Annual Facility Sweeping List of Borough Facilities (See Exhibit A) 2. Snow Removal & Ice Control Maps of Borough Facilities (See Exhibit B) Sealed, physical copy, bid proposals will be accepted until 2:OOpm local time on July 17, 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 July 7, 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 July 9, 2025. Questions, clarifications, or interpretations of the Bidding Documents shall be made through a written request to the Project Manager at EFprojects(a_kodiakak.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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 65 of 204 AGENDA ITEM #14.A.1. ADDENDUM1 KODIAK ISLAND BOROUGH Kodiak Island Borough Facilities Contract Road Maintenance and Repairs, Snow Removal, Sanding and Small Projects Kodiak, AK July 15, 2025. TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders are not required to acknowledge the addendum if their bid package has already been submitted. However, the successful bidder will need to acknowledge that this addendum is included in the awarded contract. This addendum consists of 1 page. SPECIFICATION: Special Condition 03.2 Work Response Time — Add the following F. Self -Dispatch: The contractor is authorized and expected to exercise professional judgment in determining when snow removal and/or sanding services are necessary, based on current weather conditions and site safety. Self - dispatch authority allows the contractor to respond immediately to hazardous conditions without awaiting specific direction or a formal work order from the Kodiak Island Borough. This self -dispatch provision applies under the following conditions: • Snow Accumulation: The contractor shall initiate snow removal operations when snowfall reaches an accumulation of two (2) inches or more. The contractor is expected to monitor weather forecasts and onsite conditions in real time and mobilize crews and equipment as soon as practicable once the threshold is met. • Icy Conditions: The contractor is also authorized to self -dispatch in response to icy conditions, regardless of snowfall. If conditions arise that create slick or hazardous surfaces on roads, parking lots, walkways, or access areas —such as freezing rain, refreezing meltwater, or compacted snow —the contractor shall take immediate action to mitigate the risk through sanding, scraping, or other approved methods. Self -dispatch ensures a proactive response to maintain the safety and usability of Borough facilities. It is the contractor's responsibility to regularly monitor weather and site conditions, including evenings, weekends, and holidays, and to respond accordingly to prevent hazardous buildup of snow and ice. All self -dispatch actions must be documented, including the time of service, the reason for dispatch, the work performed, and the materials used. This documentation shall be submitted as part of the regular reporting requirements. END OF ADDENDUM NO. 1 KODIAK ISLAND BOROUGH Facilities Contract ADDENDUM NO. 1 PAGE 1 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 66 of 204 AGENDA ITEM #14.A.1. Page 4 of 40 Kodiak Island Borough Instructions to Bidders Project: KIB Facilities Contract Contract Number: FY2026-06 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. Quality Control Program A. Quality Control Program documentation is to be provided with the bid. See SC 19 Modifications to Road Service Area Specifications, Section F. Quality Control 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. Finance Department Award Qualification Form 7. A bid maybe 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 July 9, 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 67 of 204 AGENDA ITEM #14.A.1. Page 5 of 40 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 68 of 204 AGENDA ITEM #14.A.1. Page 6 of 40 7.0 BID FORM/SCHEDULE. 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 110." 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 fin-ther 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 EFprojects(cr�,kodiakak.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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 69 of 204 AGENDA ITEM #14.A.1. Page 7 of 40 A 11.0 BID PROTESTS 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), EQUIPMENT RATE TABLE 2 (two), and ANNUAL FACILITIES SWEEPING RATE TABLE. 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 70 of 204 AGENDA ITEM #14.A.1. ;( Page 8 of 40 BO Kodiak Island Borough Bidder Registration Form Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 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: 1 " 1��— Contact Name: ' L° U l n A c n C! Address: I O I� r`( I( Q Phone Number: Fax Number: -fig&- 553� (6) qaI-Yg('- sJ,3 p07 -539 _ J600 Email: vvkL t)f�( Ck '�Y 6 ,vc�ai i1C4' n1 —' + 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 EFprojects@kodiakak.us Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 71 of 204 AGENDA ITEM #14.A.1. Page 9 of 40 as Kodiak Island Borough Addendum Acknowledgement Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 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 I Dated �- 6195 Initials 16 Addendum Number Dated Addendum Number Dated Addendum Number Dated Addendum Number Dated Addendum Number Dated Addendum Number Dated Addendum Number Dated Company Name Date Initials Initials Initials Initials Initials Initials Initials IeU-� O Arm t Authorizing Name NJne- Title C?� Signatur Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 72 of 204 AGENDA ITEM #14.A.1. Page 10 of 40 ea Kodiak Island Borough Finance Department Pre -Award Qualification Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 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 The Vendor/Contractor is required to submit this form to the finance department for review prior to bid submission. A completed form with Finance signature must be submitted with the bid. 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: ' to 414' 1' e -, `—L C� ADDRESS: M-i ► I (lac yclo_C 99(! S Upon review the vendor/contractor's account records indicate (check one) Dated as of I �;L 5 I compliance with KIBC 3.30.115 A. or ❑ a delinquency according to KIB financial records Reviewer Signature: Reviewer comments: Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 73 of 204 AGENDA ITEM #14.A.1. Page 11 of 40 Kodiak Island Borough Non -Collusion Affidavit Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 (to be executed prior to award) UNITED STATES OF AMERICA STATE OF ALASKA I �to,n Q,- sworn, do depose and state: )SS. of M ` Flgie r'D F5 t S �-U_ being duly 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: KIB Facilities 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 in coymeAion mK th such Contract. Signature Subscribed and sworn to this day of Tt_ � �J , 20 )5 Notary Public I It My Commission Expires: ` ` fx- Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 74 of 204 AGENDA ITEM #14.A.1. 1. k Page 12 of 40 Kodiak Island Borough Bid Schedule Page 1 of 7 Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 Base Bid REQUESTED ROUTINE MAINTENANCE WORK SERVICES Spec Item Pay Item Description uanti Unit Unit Price Total Item Price No. SNOW REMOVAL W/ 803 (2A) GRADER & CHAINS Each HOUR $175.00 $175.00 SNOW REMOVAL W/ $160.00 $160.00 803 (3a) PLOW TRUCK Each HOUR HARDPACK REMOVAL $160.00 $160.00 803 (4) 'W/ ICE BLADES Each HOUR SANDING OF ROADWAYS $200.00 $200.00 804 (1) W/ 8YD SANDER Each HOUR 804 (1) SANDING OF ROADWAYS W/ 3-5YD SANDER Each HOUR $160.00 $160.00 811 (3) BLADE ROAD Each HOUR $160.00 $160.00 845 (1) MACHINE CLEARING Each HOUR $200.00 $200.00 845 (2) HAND CLEARING Each MAN- $100.00 $100.00 Average Total Cost Routine Maintenance Rates Table $ $164.38 Average Total Cost Routine Maintenance Rates Table in Word Form: One Hundred Sixty -Four Dollars Thirty -Eight Cents MATERIALS REQUESTED PUBLIC CONSTRUCTION WORK SERVICES Item No. Item Description Ouanti Unit Unit Price Total Item Price 301 3-E1 ( ) CRUSHED AGGREGATE GRADING D4 1 TON $24.00 $24.00 301 (2) 2" MINUS I TON $21.00 $21.00 301 (3-E1) ROCK CHIPS I TON $46.00 $46.00 COST PLUS PROFIT 1 % %12 $10.92 Average Total Cost Material Rates Table $ $30.33 Average Total Cost Material Rates Table in Word Form: Thirty dollars Thirty-three Dollars Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 75 of 204 AGENDA ITEM #14.A.1. Page 13 of 40 Kodiak Island Borough Bid Schedule Page 2 of 7 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 one (1) hour 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 one (1) hours for each laborer responding to call out. See tables on the following pages. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 76 of 204 AGENDA ITEM #14.A.1. Page 14 of40 Bid Schedule Page 3 of 7 Equipment Rate Table 1 FY2026-06 These rates are for all NON -PREVAILING WAGE Work Order quotes and will be used to determine the contract award. EQUIPMENT TYPE MAKE/DESCRIPTION MODEL/YEAR HOURLY EQUIP RATE 155< HP Grader CAT 140 140 11989 $180.00 156> HP Grader Volvo 946 2013 726 2007 Q;1 80.00 ``YY 8-10 Cy Sander Kentworth / HyWay "8 YD" T800 / 1996 $200.00 3- 5 CY Sander Henderson I Western 4.5 YD I2017 $150.00 6.5 YD / 2017 10-12 CY End Dump Kentworth T800 12002 $180.00 Front End Loader CY Aso Zoos 2.5-4.5 Volvo L110 zoos 175.00 Pickup Truck w/Laborer Ford Fsoo 2022 $150.00 Fsoo zoza Dump Truck with Tilt Kentworth /Trail Max Tsoo 2004 $175.00 Deck Trailer rDSa 2012 Single Vibratory Drum 84" 10-12 Ton Steel Ingersol Rand D100 / 1999 $175.00 Roller Water Truck 2000 Gallon International 1946 / 2009 $160.00 75 HP > Dozer Case 550 12003 $175.00 Street Sweeper or Skid Steer with Pickup Broom Volvo (Skid Steer), Kick -Off &Pick-up Broom 135 / 2016 $175.00 or Kickoff Broom Mini ! 6 Ton Excavator Kubota $175.00 057/2014 Track IIoe 12 Ton Hitachi 085 / 2021 $175.00 Steel Track Track Hoe 20 Ton Hitachi 135 / 2013 $175.00 Steel Track Labor Rate N IA NIA $ 70.00 Average Total Equipment Rate of Table 1 $ $166.75 Average Total Equipment Rate of Table 1 in Word Form: One Hundred Sixty -Six Dollars Eighty -Eight Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 77 of 204 AGENDA ITEM #14.A.1. Page 15 of 40 OP Bid Schedule Page 4 of 7 Equipment Rate Table 2 FY2026-06 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 MODEL/YEAR HOiIRLY EQUIP RATE 155< HP Grader CAT 140 140 / 1989 $180.00 156> HP Grader Volvo 946 / 2013 zoa7 $180.00 726/ 5-10 Cy Sander Kentworth I HyWay "8 YD" T800 11996 $200.00 3- 5 CY Sander Henderson 4.5 YD 12017 $150.00 Western 65 YD 12017 10-12 CY End Dump Kentworth T800 / 2002 $195.00 Front End Loader CY Volvo i_so /zoos $185.00 2.5-4.5 1_110/2009 Pickup Truck w/Laborer Ford F600/2022 $175.00 F60012024 Dump Truck with Tilt Kentworth T800 / 2004 $180.00 Deck Trailer Trail Max TD5412012 Single Vibratory Drum Ingersol Rand D-100 / 1999 $175.00 84" 10-12 Ton Steel Roller Water Truck 2000 International 1946D / 2009 $175.00 Gallon 75 HP > Dozer Case 550 12003 $175.00 Street Sweeper or Skid Steer with Pickup Volvo (Skid Steer), Kick -Off &Pick-up Broom 135C 12016 @ ,P200•00 Broom or Kickoff Broom Mini / 6 Ton Excavator Kubota 05712014 $190.00 Track Hoe 12 Ton Hitachi 085 12021 $185.00 Steel Track Track Hoe 20 Ton Hitachi 135 12013 $215.00 Steel Track Labor Rate NIA NIA $110.00 Average Total Equipment Rate of Table 2 $ $179.38 Average Total Equipment Rate of Table 2 in Word Form: One Hundred Seventy -Nine Thirty-eight Dollars Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 78 of 204 AGENDA ITEM #14.A.1. Page 16 of 40 Bid Schedule Page 5 of 7 Annual Facilities Sweeping Rate Table FY2026-06 Lump sum 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. Item No Item Description Quantijy Unit Total Item Price 1 Mobilization and demobilization 1 LS $1000.00 2 KIB Administration Complex Parking 1 LS $1200.00 (37,227 est. sq. ft.) 3 Kodiak High School &Auditorium Parking 1 LS $3000.00 (153,711 est. sq. ft.) 4 Kodiak Middle School Parking 1 LS (96,425 est. sq. ft.) $1000.00 S Public Pool Parking (42,568 est. sq. ft.) ] LS $1500.00 6 Main Elementary Parking 1 LS (22,286 est. sq. ft.) $ 500.00 7 North Star Parking &Side Road 1 LS (86,321 est. sq. ft.) $ 1500.00 8 Peterson Elementary Parking 1 LS $1000.00 (99,454 est. sq. ft.) 9 Bayside Fire Department Parking 1 LS $ 1000.00 (66,214 est. sq. ft.) 10 Kodiak Fisheries Research Center (KFRC) 1 LS $1500.00 parking (59,112 est. sq. ft.) 11 K1B Mental Health Buildings 1 LS $ 500.00 (14,604 est. sq. ft.) 12 Bike Path from East Elem. To Abercrombie 1 $ 500.00 (1.94 est. miles) LS Average Total Annual Facilities Sweeping Table $1183.33 Average Total Annual Facilities Sweeping Table in Word Form: One Thousand One Hundred Eighty Three Thirty -Three Dollars Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 79 of 204 AGENDA ITEM #14.A.1. Page 17 of 40 Bid Schedule Page 6 of 7 ALTERNATE BID 1 Page 1 Equipment Rate Table 3 FY2026-06 CONTRACTOR: List other equipment and rates that may be of use to this contract. 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. If additional pages are needed please use this page as a template and update by hand writing the page numbers at the top. EQUIPMENT HOURLY MAKE/DESCRIPTION MODEL/YEAR TYPE EQUIP RATE Equipment Trailer Trail Max 14,000 # 2010 $50.00 Post Hole Digger Case 590 4 x 4 2013 $195.00 Boom Truck Ford F700 National 12.5 Ton 2003 $240.00 Dump Truck w/54K#Tilt Deck Max /Tilt Deck 2003 $285.00 Bucket Truck 40'Reach 1998 $275.00 Track Dump Truck Marooka "5 YD" Dump 1999 2 $95.00 Chipper Moobark 6" 600 CL 2020 $150.00 225/2011 $295.00 Track Hoe Hitachi Track Hoe 56,000 # Suck Truck International Vac Truck 466 / 2007 $345.00 Combine w/Alt Equip Page 2 Average Total Equipment Rate of Table 3 $ $205.94 Average Total Equipment Rate of Table 3 in Word Form: Ninety -Four Two Hundred Five Dollars Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 80 of 204 AGENDA ITEM #14.A.1. Page 17 of 40 Bid Schedule Page 6 of 7 ALTERNATE BID 1 Page 2 Equipment Rate Table 3 FY2026-06 CONTRACTOR: List other equipment and rates that may be of use to this contract. 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. If additional pages are needed please use this page as a template and update by hand writing the page numbers at the top. EQ . � MAKE/DESCRiPTION MODEL/YEAR HOURLY EQUIP RATE Walk Behind Plate Compactor Hitachi Large Walk Behind Compactor 218 12023 $185.00 Compactor Hitachi Track Hoe I Hoe Pack 1200 / 2007 $75.00 Steam Cleaner Hotsy 420I 2009 $30.00 Loader Volvo Mini Loader L30 $225.00 Brush Cutter Kubota Brusher 057 / 36 $238.00 Truck Bucket Truck Ford F550 2012 $247.00 Chipper Hy -Way Wood Chipper 10" 36 / 1998 $165.00 Combine Alt Equip Page 1 Average Total Equipment Rate of Table 3 $ $205.94 Average Total Equipment Rate of Table 3 in Word Form: Two -Hundred Five Dollars Ninety -Four Cents Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 81 of 204 AGENDA ITEM #14.A.1. Page 18 of 40 Kodiak Island Borough Bid Schedule Page 7 of 7 Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 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), EQUIPMENT RATE TABLE 2 (two), and ANNUAL FACILITIES SWEEPING TABLE. (exclude Alternate Bid 1 Equipment Rate Table 3) TOTAL BASE BID Three Hundred Forty -Four Dollars Eighty -Three Cents ( 344.83 ) I Kevin Arndt , hereinafter called Bidder, an individual doing business as MK Enterprises 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 15th BIDDER: MK Enterprises LLC Company Name 1816 Mill Bay Road Address Kodiak, AK 99615 Kodiak Island Borough, State, Zip Code 907-486-5537 Telephone Number 20-2356912 Federal I.D. or S.S.N. day of July 2025 Kevin Arndt Authorizing Name Member / Owner Title Signature mkoffice@kevinarndt.net Email Address CORPORATE SEAL ATTEST: Signature of Corporate Sec. Print Name Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 82 of 204 AGENDA ITEM #14.A.1. Page 19 of 40 Kodiak Island Borough Agreement Page 1 of 3 Project: KIB Facilities Contract Contract Number: FY2026-06 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and MK Enterprises, LLC Company Name ("Contractor") 1816 Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, Kodiak Island Borough, State, Zip) a/an ❑ Individual ❑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. 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. 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. 3. 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.] Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 83 of 204 AGENDA ITEM #14.A.1. Page 20 of 40 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 June 11, 2025 (2) Bidder Submission, dated July 15, 2025. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 84 of 204 AGENDA ITEM #14.A.1. Page 21 of 40 00 , IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. KODIAK ISLAND BOROUGH Signature of Borough Manager Printed Name Date Borough Clerk (Attest) CONTRACTOR Company Name Signature of Authorized Representative Printed Name of Authorized Representative Date Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 85 of 204 AGENDA ITEM #14.A.1. Page 22 of 40 Kodiak Island Borough Corporate Acknowledgement Project: KIB Facilities Contract Contract Number: *Contract Number* FY2026-06 (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 Wday od ( 20a S !�' d) " (Name of Officer) (Title of O lcer) U Eger m sc s LL C- (Name of Corporation) L-L-C— (State of Incorporation) Corporation, on behalf of said Corporation. 1� ,� (-� --4k Notary Public My Commission Expires: iY fau Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 86 of 204 AGENDA ITEM #14.A.1. �,. Page 23 of 40 Kodiak Island Borough Contractor Certificate of Substantial Completion For Future Use Project: KIB Facilities Contract Contract Number: FY2026-06 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 KODIAK ISLAND BOROUGH, OWNER Engineering & Facilities Director Date Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 87 of 204 AGENDA ITEM #14.A.1. Page 24 of 40 Kodiak Island Borough Contract Release Page 1 of 2 For Future Use Project: KIB Facilities Contract Contract Number: FY2026-06 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: KIB Facilities Contract Contract Number: FY2026-06 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 88 of 204 AGENDA ITEM #14.A.1. Page 25 of 40 Kodiak Island Borough Contract Release Page 2 of 2 Project: KIB Facilities Contract Contract Number: FY2026-06 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 120 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 120 Notary Public in and for Alaska My Commission expires: Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 89 of 204 AGENDA ITEM #14.A.1. Page 26 of 40 Kodiak Island Borough Special Conditions Project: KIB Facilities Contract Contract Number: FY2026-06 Table of Contents Section Title Page SCO1 General Statement.....................................................................................................................27 SCO2 Scope of Work...........................................................................................................................27 SC03 Time of Completion.................................................................................................................. 28 SC03.1 Contract Extension.....................................................................................................................28 SC03.2 Work Response Time.................................................................................................................29 SC04 Termination............................................................................................................................... 29 SC05 Disputes..................................................................................................................................... 30 SC 06 Continuing Obligation of Contractor......................................................................................... 30 SC 07 Insurance Requirements............................................................................................................30 SC08 Documentation.......................................................................................................................... 30 SC09 Suitable Materials......................................................................................................................31 SC 10 Special Equipment Requirements..............................................................................................31 SC11 Labor Rates................................................................................................................................ 32 SC 12 Hazardous Waste Generation.................................................................................................... 32 SC 13 Site Preservation, Restoration, Cleanup and Environmental Reporting....................................32 SC14 Permits.......................................................................................................................................32 SC 15 Order of Award of Alternative Bids.......................................................................................... 32 SC16 Payment.....................................................................................................................................33 SC 17 References to Kodiak Island Borough General Conditions.......................................................33 SC 18 Road Service Area Specifications............................................................................................. 33 SC 19 Modifications to Road Service Area Specifications..................................................................33 Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 90 of 204 AGENDA ITEM #14.A.1. Page 27 of 40 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 complete the following: 1. Maintenance, snow and ice removal, sanding, and small projects around the KIB owned facilities, including all schools, the Borough Administration Building, Kodiak Landfill Buildings., Bayside Fire Station, Women's Bay Fire Station, and the Kodiak Fisheries Research Center and any other misc. areas owned by the Borough such as parking areas or the bike path from Abercrombie Park to East Elementary. 2. Contractor will provide all labor, materials, and equipment required to sweep the Kodiak Island Borough Facilities parking lots and associated walkways of remaining gravel and debris left from snow and ice control. This work is typically conducted in the early spring. Unless otherwise directed by the Engineering and Facilities Director or their designee, the contractor will be responsible for the disposal of materials. 3. The priorities of work to be done and the timing of that work will be set by the Engineering and Facilities Director or their designee and will be followed up by a Work Order form to document the request by using the Facilities Work Order Form. The location of snow dumpsites [on the property] will be determined by the Engineering and Facilities Director or designee. 4. A pre -work inspection will be conducted to establish the current status of all culverts and curbs. An annual inspection will be conducted using the Annual Condition Assessment Form. Any damage caused by contractor at any time to culverts or curbs will be repaired or replaced by the contractor at "no cost" to the Borough. 5. The existing system consists of graveled and paved roadway and parking areas. Small projects under $25,000 will be at the discretion and direction of the Engineering/Facilities Director or his/her Designee; purchase orders will be issued for such projects. All work completed under this contract must follow the Road Service Area Specifications, which can be found in SC 17 Road Service Area Specifications & SC 18 Modifications to Road Service Area Specifications. Base Bid Provide all labor, materials, tools, equipment, transportation, supervision, and facilities necessary to conduct road maintenance, ice control, snow removal, and small projects around the KIB owned facilities as described in the scope of work. 1. Annual Facility Sweeping List of Borough Facilities (See Exhibit A). 2. Snow Removal & Ice Control Maps of Borough Facilities (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), EQUIPMENT RATE TABLE 2 (two) and ANNUAL FACILITIES SWEEPING RATE TABLE. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 91 of 204 AGENDA ITEM #14.A.1. Page 28 of 40 The Engineering and Facilities Director or designee, will schedule services, call -out for services, or provide a Work Order for areas that require snow removal, ice control, maintenance, and repair services. Alternate Bid(s) The Scope of Work of the Additive Alternate No. 1 is the list of additional hourly rates for equipment the Contractor may own or find useful for this Contract. Contractors are to use EQUIPMENT TABLE 3 (three) to 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 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 twenty (20)-month period from August 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 92 of 204 AGENDA ITEM #14.A.1. Page 29 of 40 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 shall begin snow removal or sanding within 2 hours of directive notification or as previously scheduled. If the Contractor does not respond in a timely manner, the Engineering/Facilities Director or their designee may utilize another contractor to respond to the work. The Contractor shall supply contact numbers (cell, pager or message machine) that will allow the Kodiak Island Borough to contact the Contractor anytime during the contract period. A. Approval to Start Work: Snow removal, sanding and routine maintenance will be at the discretion of the Engineering and Facilities Director or their designee. No reconstruction or upgrade work over $5,000.00 shall commence prior to approval by the Borough Manager or their designee. B. 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. C. Repairs: The Engineering and Facilities Director or the Borough Manager or their 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 or the Contractor to help settle disputes between the two parties. 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 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 Engineering and Facilities Director or Borough Manager or their 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 Engineering and Facilities Director or Borough Manager or their designee, to contact the Contractor or their designee anytime during the contract period. E. Inspection and Borough Supervision: All work will be authorized and inspected by the Engineering/Facilities Director or their designee. 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 93 of 204 AGENDA ITEM #14.A.1. Page 30 of 40 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. 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. Non -Collusion Affidavit 3. Bid Form/Schedule 4. Quality Control Program 5. Alaska Business License 6. Alaska Contractor License/Certificate 7. Finance Department Award Qualification Form Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 94 of 204 AGENDA ITEM #14.A.1. Page 31 of 40 8. 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 Form, requesting the work and signed by the Engineering and Facilities Director 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 09 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. SC 10 Special Equipment Requirements 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. K113 Facilities has special equipment requirements as noted below: 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. One must be available within a 2-hour delivery. The Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 95 of 204 AGENDA ITEM #14.A.1. Page 32 of 40 Contractor is required to have a minimum of one (1) loader, which must be a minimum of 3 cubic yard capacity for clearing intersections and heavy accumulated areas, and one (1) Loader, if used for snow removal, can have a minimum of a 12-ft. blade capable of hydraulic angle adjustment or a bucket capacity of 3 to 4 cubic yards. 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. All primary road maintenance equipment shall be no more than eight (8) years old with a maximum of 5000 service hours at the start of the contract. Primary equipment includes one grader and at least one loader. Graders shall have a minimum of 14 ft. blades. Loaders, if used for snow removal, shall have a minimum of a 12 ft. blade capable of angle adjustment. All equipment 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. All equipment requiring license plates must have up to date Alaska Plates. Vehicles and equipment must be clearly marked or placarded with the contracting company name or Logo. All equipment must have functioning safety warning lights and all other lighting required to meet State and Federal safety requirements. SC 11 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 Borough, or Borough Managers or designee. SC 12 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 13 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 14 Permits The Contractor shall obtain all licenses and permits that are required to do the work. SC 15 Order of Award of Alternative Bids If the KIB has elected to advertise this Project with a Base Bid and Alternates, the KIB may elect to award Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 96 of 204 AGENDA ITEM #14.A.1. Page 33 of 40 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 16 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 08 Documentation. 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 17 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 18 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. SC 19 Modifications to Road Service Area Specifications A. Snow Removal Requirements shall be performed in accordance with the following response priorities. The contractor or designee must contact the KIB, Engineering and Facilities Director or designee by phone or text as to the start and stop times of all priority level completion of each snow event. The Contractor will inform the KIB, Engineering and Facilities Director or designee by phone or text if any work stoppage longer than 30 minutes occurs during work performance. Any damage caused by contractor at any time to culverts or curbs will be repaired or replaced by the contractor at "no cost" to the Borough. Priority 1: Response- Bayside Fire Hall and Women's Bay Fire Department Priority 2: Response — All School District parking areas, Borough Administration Parking areas, Kodiak Fisheries Research Center. Priority 3: Response — Landfill and all other misc. areas such as parking areas and the bike path. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 97 of 204 AGENDA ITEM #14.A.1. Page 34 of 40 Special Circumstances: (i.e. unusually severe weather, heavy snow, freezing conditions etc.) may require a change in snow removal priorities. In those instances a priority change for specific area(s) will be ordered by the Engineering and Facilities Director or his designee. In emergency situations, verbal direction will be given by the Engineering and Facilities Director, his designee. Annual Work: Prior to the first snowfall of the season, the Contractor shall install snow markers at all critical culverts and drainage areas. These shall be determined by joint decision of the Engineering and Facilities Director or their designee and the Contractor. After school is out every year, the contractor shall sweep all gravel from KIB Facilities parking lots. Priority Road Designation: The contractor will complete the designated Priority 1 areas prior to progressing to any lesser priority roads. Any deviation from the designated priorities as defined on the contact priority must be granted by the KIB Engineering and Facilities Director or their designee prior to the contractor implementing the deviation. B. Ice Control The Contractor shall spread/apply designated material as necessary to ensure that traction is maintained on all roadways, driveways, and parking areas identified in the priority areas. Any damage caused by contractor at any time to culverts or curbs will be repaired or replaced by the contractor at "no cost" to the Borough. Sand/Deice: Road intersections for a distance of 50 yards in all directions. Sand/deice road curves 50 feet prior to where the radius commences to 50 feet past where the radius ends. Or as directed by the Engineering and Facilities Director or their designee. C. Maintenance Priority System Priority 1: Ordered Work — Unless otherwise specified in writing by the KIB Engineering and Facilities Director or their designee, all Priority 1 work will commence within two (2) hours of notification. This work will include snow removal and ice control as well as any work deemed an emergency by the KIB Engineering and Facilities Director or their designee. Contractor will continue work to correct the identified issues until the work is completed or the Contractor and the KIB Engineering and Facilities Director or their designee agrees to reduce the priority. Priority 2: Ordered Work — Priority 2 ordered work will be scheduled to start within one (1) week of the ordered work. The work ordered will be completed within twenty-one (2 1) calendar days of the order date. Contractor will continue work to correct the identified issues until the work is completed or the Contractor and the KIB Engineering and Facilities Director or their designee agrees to reduce the priority or extend the work period. Priority 3: Ordered Work — Priority 3 ordered work will be scheduled to start by the contractor within thirty (30) days of the order date and will be completed within forty-five (45) calendar days of the scheduled start date. If the start date is modified the request needs to be made in writing to the KIB Engineering and Facilities Director or their designee. Any agreed to delay must be documented on the work order form. If the delay is deemed unacceptable the KIB reserves the right to contact another contractor to perform the ordered task. Work Orders Work orders can be implemented by the KIB for any priority level. The work order start date will be the Contractor's start date for the project and will be signed by both parties. If the start date is modified the request needs to be made in writing to the KIB Engineering and Facilities Director or their designee. Any agreed to delays must be documented on the work order form. If the delay is deemed Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 98 of 204 AGENDA ITEM #14.A.1. Page 35 of 40 unacceptable the K113 reserves the right to contact another road service contractor to perform the ordered task. D. Grading The Contractor shall provide grading as directed in any areas deemed necessary by the Engineering and Facilities Director or their designee. Any damage caused by contractor at any time to culverts or curbs will be repaired or replaced by the contractor at "no cost" to the Borough. After Grading: Immediately after grading, areas shall contain no pot -holes in the working surfaces. Drainage: Graded roads shall be sloped or crowned at the center line to promote drainage. E. Brush Clearing / Ditching The Contractor shall perform brushing of roadways, ditch lines and road intersections. This work could also include the removal of trees that have blown down or fallen from normal conditions. Any damage caused by contractor at any time to culverts or curbs will be repaired or replaced by the contractor at "no cost" to the Borough. Debris: The Contractor shall dispose of debris resulting from clearing work as directed by the Engineering and Facilities Director or their designee. Chipping: All materials with exception to the maximum capability of the brush chipper shall be shredded to the minimum capability of the brush chipper (approximately 3/4"). All materials that are beyond the maximum capacity of the chipper (stumps, trunks, etc.) will be disposed of or stockpiled at the direction of the Engineering and Facilities Director or their designee. All shredded materials will be stockpiled for future use at a location directed by the Engineering and Facilities Director or their designee unless requested to be disposed of. F. Quality Control Quality Control: The Contractor shall establish a complete quality control program to assure the requirements of the Agreement are provided as specified. One copy of the Contractor's basic quality control program shall be provided with the bid package. If updated a copy must be provided to the KIB Engineering and Facilities Director or their designee before the contract start date for review and approval. Any changes to the plan during the contract period must be brought to the Engineering and Facilities Director or their designee's attention before any changes occur. This document is a required document for submission of your bid. The program will include, but not be limited to the following: (1) An inspection system describing the surveillance methods and frequency covering all the services stated in the performance requirements as stated in the agreement. It must specify areas to be inspected on either a scheduled or unscheduled basis and the individuals who will do the inspections (2) A method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable. (3) A file of all inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available when requested to the Borough during the term of the agreement. Quality Assurance: The KIB Engineering and Facilities Director or its designee shall monitor the Contractor's performance under this agreement using the quality assurance procedures specified in the performance requirements as stated in the agreement. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 99 of 204 AGENDA ITEM #14.A.1. Page 36 of 40 Kodiak Island Borough Minimum Prevailing Wage Rates Project: KIB Facilities Contract Contract Number: FY2026-06 Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows See attached Links: hLtp://Iabor.state.ak.us/Iss/pgmp6OO.ht-fn hLtp://Iabor.alaska.gov/lss/forms/Pam4OO.pdf WAGE RATES, REGULATIONS, AND LABOR STANDARDS REQUIREMENTS 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. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 100 of 204 AGENDA ITEM #14.A.1. Page 37 of 40 A KODIAK ISLAND BOROUGH Facilities Work Order Form DATE (work order submitted) PRIORITY LEVEL - 1 (highest), 2, or 3 (lowest) DATE/TIME (for desired work to be completed) LOCATION (of work to be completed) 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: Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 101 of 204 AGENDA ITEM #14.A.1. Page 38 of 40 KODIAK ISLAND BOROUGH Annual Condition Assessment Form DATE ASSESSMENT CONDUCTED Facility Location Type of Damages /Notes Initials REQUESTED BY: COMPLETED BY: APPROVED BY: Name (Printed): Name (Printed): Name (Printed): Position: Position: Position/Contractor: Signature: Signature: Signature: Date: Date: Date: Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 102 of 204 AGENDA ITEM #14.A.1. Kodiak Island Borough EXHIBIT A Annual Facility Sweeping List Page 39 of 40 Locations Est. S . Foota e KIB Administration Complex Parkin 37,227 Kodiak High School &Auditorium Parkin 153,711 Kodiak Middle School Parkin 96,425 Public Pool Parkin 42,568 Main Elementary Parkin 22,286 North Star Parkin &Side Road 86,321 Peterson Elementary Parkin 99,454 Ba side Fire Department Parkin 66,214 Kodiak Fisheries Research Center KFRC Parkin 59,112 KIB Mental Health Buildings 14,604 Bike Path from East Elem. To Abercrombie 1.94 Miles Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 103 of 204 AGENDA ITEM #14.A.1. Page 40 of 40 Kodiak Island Borough EXHIBIT B KIB Facility Snow and Ice Control Maps [Following 15 pages] Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 104 of 204 AGENDA ITEM #14.A.1. l \ k i iM� �0. \ �= V • i 1 Y • • • • • Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 105 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 2 of 15 `F t 7C O CL 1 y ♦ \ ^ • S .' O o t O 90 '•r UQ r}►� r m Z v 0 m N o Z 0 v � — v rD '0 r D 0 D a) ° Cf. 0 0 (D V) Q Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 106 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 3 of 15 ,a i F r J t CL ' M O ice. 7 Vy ► 1 � G1 m ® m o r z z o N � = v N D 0 0 v 7 m r 0 D D 0 v 0 CU (D m Ln `^ 0- Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 107 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 4 of 15 fi ® z z�� NO ♦ .,� A O -V n "i 0 T r D O fD D On M o 0CL 7c m M 3 GQ 0pp Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 108 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 5 of 15 i 3 m rfl r+ v C4 ►ice z z = q 0 0 cn g Q o v — 0 r D (D o D v O o n. Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 109 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 6 of 15 96) a a m a N rF m M r+ M v VW r G) m z z L = q o 0 � Q 0 � - v r D rD 0 m D v 0 0 (D V) Q Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 110 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 7 of 15 Z O N r+ In m r� M r+ — m �• CU II ® m ►iai Z o 0 � Q 0 v r D rD o N D °r'' n' 0 0 M 0- N Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 111 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 8 of 15 M fD rt fD O 3 m fD 1 r _ alga r m Z z = q o : a QJ oJ M -0 i— D N 0 N D v N 0 0 � 0 rD N a Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 112 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 9 of 15 W N Q M o T M IWA V 0 T AM M Elm, M z 0 N = q N � 27 0 r) o� M' r D (D D 0 -D a) v — cr. En 0 0 c� CL Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 113 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Pa a 10 of 15 G O 3 (D 3 N v M r ► rn Wei o Z _a o 0) 70 17- D o n D v cn 0 0� cD a Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 114 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 11 of 15 O Q g O � 2) (DCL • N '+ ( O cD N C cD Sn O (p C = N r*' cD c>D r n m 3 z v � 0 = X (� a o T 0 D 0 v D CO cn 0 0. c� N a Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 115 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 12 of 15 r ic M �D C a �t. N r ® m m z Z v C Q O n �p "O D O m n W D M :. CID a Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 116 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 13 of 15 r 3 Q A O 3 M cfl X 10 !y 7c 3. d4 r m z- �L7 Z L = q o 0 � Q o — a, r D 0 D � °' cr. 0 0 r� Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 117 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page 14 of 15 r M fu A S fu rF M a) rF 3 M 3 rh M 3 rF n O 0 M M Elm, M rz X z V w 0 o 0 3 0 n 7r O -0 v M 3 r D GHQ (D o N D v 0) LA O 0 a Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 118 of 204 AGENDA ITEM #14.A.1. KIB Facilities Road Maint., Repairs, Snow Removal, Sanding, and Small Projects Exhibit B Page T15 of 15 3 N Q � r M cD U u m o0 C �• cD a� (D rt I 0 3 m as m F 3 CD as 0 D Cr cD I 0 1 0 3 Cr W I Contract No. FY2026-06, Kodiak Island Borough Facilities Contract With M... Page 119 of 204 AGENDA ITEM #14.A.2. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fabrication, LLC ORIGINATOR: Codi Allen, Project Manager/Inspector RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2026-07 Chiniak School Painting with Highmark Marine Fabrication, LLC. DISCUSSION: At the direction of the Borough Manager, Engineering and Projects staff began planning a painting project for the Chiniak School. While the building's exterior is currently in decent condition, a fresh coat of paint would help preserve and extend the life span of the envelope of the school. In addition to maintaining the structure, this project also offers the Borough an opportunity to evaluate the scope, logistics, and material requirements needed for painting of other rural school buildings. Staff issued an invitation for bid for this contract June 30, 2025, advertised for the designated three weeks per KIB Code 3.30.040, and bids were due July 24, 2025. There was a mandatory pre -bid meeting held on July 15, 2025, and there were two contractors in attendance. At the bid opening staff received one (1) bid package. Following the review of the bid package Staff determined Highmark Marine Fabrication, LLC to have a complete bid package and is the only bidder and therefor the lowest cost bidder. ALTERNATIVES: 1.Take no action. 2.Reject all bids. FISCAL IMPACT: Funding Source: Buildings and Grounds OTHER INFORMATION: To reduce pages in the packet, please find the full Invitation to Bid with the Attachments at the Kodiak Island Borough Website: Chiniak School Painting Invitation to Bid Package Kodiak Island Borough Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 120 of 204 0 v 0 z 0 N O N T O v m N 0 N O A Kodiak Island Borough Bid Tabulation Chiniak School Painting Bid Opening: July 24, 2025 at 2:00pm in AC Contractor Base Bid Alternate 1 Total Cost Highmark Marine Fabrication, LLC $ 88,600.00 $ 8,180.00 $ 96,780.00 This bid tabulation is unofficial until KIB staff have a chance to review and verify the bid documents submitted by the apparent low bidder, and the contract receives administrative or Assembly approval. Spreadsheet created by P.Valerio 7.24.2025 AGENDA ITEM #14.A.2. KODIAK ISLAND BOROUGH INVITATION TO BID Chiniak School Painting 25011 Contract FY2026-07 June 30, 2025 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 122 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Contract Documents Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 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 SubcontractorList.......................................................................................................................................15 Agreement...................................................................................................................................................16 CorporateAcknowledgement.....................................................................................................................18 BidBond.....................................................................................................................................................19 PerformanceBond...................................................................................................................................... 20 Contractor Certificate of Substantial Completion.......................................................................................21 ContractRelease......................................................................................................................................... 22 SpecialConditions...................................................................................................................................... 24 SCO1 General Statement................................................................................................................. 25 SCO2 Scope of Work....................................................................................................................... 25 SC03 Time of Completion..............................................................................................................25 SC 04 Special Site Conditions......................................................................................................... 25 SC 05 Hazardous Waste Generation................................................................................................25 SC 06 Site Preservation, Restoration, Cleanup and Environmental Reporting................................25 SC07 Permits...................................................................................................................................25 SC 08 Order of Award of Alternative Bids......................................................................................25 SC09 Payment.................................................................................................................................25 SC 10 References to Kodiak Island Borough General Conditions .................................................. 26 Minimum Prevailing Wage Rates...............................................................................................................27 Specifications: Division 1 and Division 9...................................................................................................28 Drawings..................................................................................................................................................... 29 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 123 of 204 AGENDA ITEM #14.A.2. Date: June 30, 2025 Kodiak Island Borough Invitation to Bid Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 This project includes, but is not necessarily limited to: The Base Bid for this project is to prepare and paint the exterior of the Chiniak School building. This is intended to protect the building envelope and increase the life span of the exterior of the school. Alternate 1 Bid for this project is to prepare and paint the exterior of the Chiniak School Mechanical building. Sealed, physical copy, bid packages will be accepted until 3:00pm local time on July 24, 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 submissions of the bid package will not be accepted. A mandatory pre -bid conference will be held at the Kodiak Island Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, AK, 99615 at 9:OOam local time on July 151h, 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:OOpm (noon) local time on July 17t'', 2025. Questions, clarifications, or interpretations of the Bidding Documents shall be made through a written request to the Project Manager at EFprojects@kodiakak.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. All bids shall be accompanied by a bid bond, certified check, cashier check or money order in the amount of not less than five percent (5%) of the total amount bid. Bid bonds shall be in a form satisfactory to the Kodiak Island Borough. 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 124 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Instructions to Bidders Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 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. Bid Security or Bid Bond A. An executed Bid Security (Bid Bond) in the amount indicated on the Invitation to Bid. B. Verify that the Certificate showing the Corporate Principal on the form is executed if applicable. 4. Finance Department Award Qualification Form A. The Vendor/Contractor is required to submit this form to the finance department for review prior to bid submission. B. A completed form with Finance signature must be submitted with the bid. 5. Alaska Business License, a of copy your current license must be included. 6. 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. 7. A bid maybe 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 (noon) local time on July 17t'', 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 125 of 204 AGENDA ITEM #14.A.2. 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 the Bidder fails to furnish an acceptable Bid guaranty with the Bid. h. 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. i. 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 126 of 204 AGENDA ITEM #14.A.2. 7.0 BID FORM/SCHEDULE. 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 110." 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 fiuther 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 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 127 of 204 AGENDA ITEM #14.A.2. 11.0 BID PROTESTS 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 128 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Bidder Registration Form Project Title: Chiniak School Painting 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: t 11 �^Mk;'rJe,b`����"�t a� LLL Contact Name: TATJ Wk \"bJ Address: a6�? �kk�k� U1 Rk Phone Number: 96-� - LHU r SZZ6 / q61 - ` 94Z- v, Z Fax Number: N A Email: I Atli �1q�t'✓��C�-1MGt-�Ne . Gm� I rnl" 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 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 129 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Addendum Acknowledgement Project: Chiniak School Painting FY2026-07 Project Number: 25011/ Contract Number: *Contract Number* 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 NO above your name. Addendum Number J— Dated 1� ' Z, Initials %, Addendum Number Dated ' 22' ZS 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 VkCi,,Jli LAXb� LL[, Company Name '-,23-2- Date ZAP wk.�,&khj Authorizing Name Cau--�V,t V-4-- )�r Title ignature Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 130 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Finance Department Pre -Award Qualification Project: Chiniak School Painting FY2026-07 Project Number: 25011/ Contract Number: *Contract Number* FINANCE DEPARTMENT PRE -AWARD QUALIFICATION Finance Department, 710 Mill Bay Road, Kodiak, AK 99615 dcrossna,kodia ka k.us Ph.907-486-9325 Fax.907-486-9392 The Vendor/Contractor is required to submit this form to the finance department for review prior to bid submission. A completed form with Finance signature must be submitted with the bid. 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: iA!+,Ar�_ �r`N� �U�f1Ga-}��LLc ADDRESS: 02oy$ Upon review the vendor/contractor's account records indicate (check one) Dated as of: -" � � H I ZS compliance with KIBC 3.30.115 A. or -1 a delinquency according to KIB financial records Reviewer Signature:i Reviewer comments: Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 131 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Non -Collusion Affidavit Project: Chiniak School Painting FY2026-07 Project Number: 25011/ Contract Number: *Contract Number* (to be executed prior to award) UNITED STATES OF AMERICA ) )SS. STATE OF ALASKA ) I /AIJ Wks ,\� -of J- ,JLV Ari- iAAfoie' Fa e cd�o 1 being duly swom, 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: Chiniak School Painting Project Number: 25011/ 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 biddin in connection with such Contract. c� gnature Subscribed and sworn to this ' S day of Jam, 20 2s NOX Pu Ic My Commission Expires: c$ oG za2-7 RYAN MARSH Notary Public, State of Alaska Commission # 230806001 My Commission Expires August 06, 2027 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 132 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Bid Schedule Page 1 of # Z Project: Chiniak School Painting FY202k-07 Project Number: 25011/ Contract Number: *Contract Number* Base Bid Item No. Item Descripfio Quantily Unit Unit Price Total Item Price All labor, equipment, and materials J� 0 J 1 required to complete to prepare 1 LS 8j �()� //- 8� tPUU and paint the exterior of the r Chiniak School Facility. L 1,,>t Qj tn� IMSgVI [q SIX C ylUtA�Ce �1 10�� Total Cost for Base Bid: lF 0 U , i U Alternate #1 Item Item Description Quantity Unit Unit Price Total Item Price No. 1 All labor, equipment, and materials required to complete to prepare 1 LS Q C,� O $ and paint the exterior Chiniak ZJi V v School Mechanical Building. Alternate #1 Cost: 0 • �� Total Alternate#1 Cost in Written Form: s1 0 Sc"& MQ2 k kA&,r to I? iJLkJ'r Nv too -- i Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 133 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Bid Schedule Page 2 of ## 2 Project: Chiniak School Painting FY2026-07 Project Number: 25011/ Contract Number: *Contract Number* Total Base Bid Amount: Ee'\5UC �' S)X �uw�.fDollars aU Cents 00 1 ) I, I AO W1^` kkh i hereinafter called Bidder, an individual doing business as ww4i,3t, LU. , (strike out inapplicable words:), a corpor ion incorporated in the State of Alaska, a a , 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 o-3 day of t, 202 S 1B1 IDDER: 1� 9� w Arm M1Gf,nQ �a�r;u�;e.J , LLc, Company Name �61 � VA �k1 &I �a . Address K6P,)(— qc�ls VS Kodiak Island Borough, State, Zip Code �a1 - `qS q -522O Telephone Number Liq - 25125 1-t 1 Federal I.D. or S.S.N. Authorizing Name c o'k rck me v a Title nSignature Ir7� vkA\OL,w ork-w.oY-:1tJ C6N^ Email Address CORPORATE SEAL ATTEST: Signa e o orporate Sec. /Z..�,g .�! ,n/I•t arOti� Print Name Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 134 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Bid Bond Project: Chiniak School Painting FY2026-07 Project Number: 250I1/ Contract Number: `Contract Number* KNONV ALL LIEN BY'rilERE PRESENTS, that we Highmark Marine Fabrication, LLC 2018 Mill Bay Road (Insert full name and address or legal title of Contractor) Kodiak, AK 99615 as Principal. hereinafter called the Principal. and Old Republic Insurance Company 631 Excel Dnve, Suite 200 (Insert full name and address or legal title of Surety) Mt. Pleasent, PA 15666 PA a corporation duly organized under the laws of the State of Alaska as SuretV. hereinafter called the Surety, are held and firmly bound unto Kodiak Island Borough. 710 dill Bay Road. Kodiak. Alaska 99615 as Obligee. hereinafter called the Ohligce. in the sum of Five Percent of Total Amount Bid (S 5 % of Total Amount Bid ). For the payment of which sum well and truly to be made. the said Principal and the Surety, bind ourselves, our heirs. executors, administrators. successors and assigns. Jointly and scycrally. firmly by these presents. Whereas, the Principal has submitted a bid for Project: Chiniak School Painting Project number: 25011 Contract Number: *Contract Number* NONNI, THEREFORE, If said Bid shall he rejected, or in the alternate, If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract. and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. The Surety, for value received. hereby stipulates and agrees that the obligations of said Surety and its bonds shall be in no way impaired or affected by any extension of the time within \which the Owner may accept such Bid.. and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF. The Principal and the Surely have hereunto set their hands and seals. and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by the proper officers, the day and year set forth hclon. 18th Signed and scaled this'- day or July 2025 (Witness) (Witness) LLC ranee Company \Nsui.,, Niemela (Seal) S S" -in-Fact q Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 135 of 204 AGENDA ITEM #14.A.2. * * * OLD REPUBLIC INSURANCE COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That OLD REPUBLIC INSURANCE COMPANY a Pennsylvania stock insurance corporation does make. constitute and appoint Katrina M Green. Melissa Hall. Kelly Koenig Kelly M Niemela of Portland. OR its true and lawful Attorney(s)-in-Fact. with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required). bonds. undertakings. reccgnizances or other written obligations in the nature thereof, (other than self -Insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds). as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC INSURANCE COMPANY thereby. and all of the acts of said Attorneys -in -Fact, pursuant to these presents. are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on December 10, 2019. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE COMPANY on December 10. 2019. RESOLVED FURTHER. that the chairman. president or any vice president of the Companys surety division. in conjunction with the secretary or any assistant secretary of the Company. be and hereby are authorized and directed to execute and deliver. to such persons as such officers of the Company may deem appropriate. Powers of Attorney in the form presented to and attached to the minutes of this meeting. authorizing such persons to execute and deliver and affix the seal of the Company to bonds. undertakings. recognizances. and suretyship obligations of all kinds, other than bail bonds. bank depository bonds mortgage deficiency bonds mortgage guaranty bonds guarantees of installment paper and not guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person. RESOLVED FURTHER that any bond. undertaking. recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by chairmen. president or any vice president of the Companys surety division and attested and sealed (if a seal be required) by any secretary or assistant secretary. or (ii) when signed by a duly authorized Attorney -in -Fact and sealed with the seal of the Company (if a seal be required). RESOLVED FURTHER. that the signature of any officer designated above. and the seal of the Company, may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance. or other suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF. OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer. and its corporate seal to be affixed this 14th day of May 2025 �,.'u•••••„ OLD REPUBLIC STY.CE COMPANY 0--SVice President STATE OF WISCONSIN. COUNTY OF WAUKESHA - SS On this 14th day of May 2025 personally came before me. Alan Pavlic and Kevin J. Abitz to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument. and they each acknowledged the execution of the same. and being by me duly sworn. did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said organization. 71n/ iN Ny_P V � � • 1 ``�1,�,t Notary PubbC OC n+ My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation. CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermorethat the Resolutions of the board of directors set forth in the Power of Attorney. are now in force. \ol Signed and sealed at the City of Brookfield. WI this 18th day of July 2025 774600 ORSC 11008 t&53 ' 45515Iar11 Je... Durham & Bates Agencies Inc Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 136 of 204 AGENDA ITEM #14.A.2. 0 LO N _M O N C U � O J N � jn C 7 C m T ¢ U Q � E d Q. a _o U x X J N m m J N a) >� L � Z $ o .0 c O a a� �II ° 3 0 U O L o C u u W � F— LO w 2 N O U� J O N O Un Cc .N O N U Z V1 O O N N h N II C O C IC °' r y � L i1 m Q H 7 M N q) N C O Y w Y U U O =U N O r zi N LL O T L m � O 0 0 N U U Y o a)W c LO v o N Cu 'w ? ° W a 3 w ? o, CO n In U .N z o v.� o m 0 ¢ E 0 3 a . N L N j U L vi CO C O L H /�I LL tII m Y Cu N O (Q w- E O D_ O _ _ O_ O y G 2 x ¢ N L N a N U N E O- m OD = O O N m E f0 L a s o L w 0 ` m Y = La 2C° AN 4- O N J vN N wO C V 9 N a 0 >_ U O L E �I� `f N N C L1 C O C 'O O N C �, U C (n 0 = U ._ U O (n ) E E RS M wE DN mE Y M L O L- 7 0 Ri M Q OC U 3 o U f�J E YS� Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 137 of 204 AGENDA ITEM #14.A.2. Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING 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 #: 116453 Program: Construction Contractors Type: Specialty Contractor Status: Active DBA: Highmark Marine Fabrication, LLC Issue Date: 10/28/2016 Effective Date: 10/16/2024 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 Entity Owner Name Number Highmark Marine Fabrication, LLC 10025078 Relationships No Relationships Found Designations Type Group Welding Specialties Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 138 of 204 AGENDA ITEM #14.A.2. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 139 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Agreement Page 1 of 3 Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Highmark Marine Fabrication, LLC Company Name 2018 Mill Bay Road, Kodiak. AK 99615 Company Address (Street or PO Box, Kodiak Island Borough, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑x 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. 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. 3. Payment under this Contract shall not exceed BASE BID of dollars Eighty -Eight Thousand Six Hundred Dollars and Zero Cents ($88,600.00), plus the ALTERNATIVE BID of Eight Thousand One -Hundred Eighty Dollars and Zero Cents ($8,180.00), for a TOTAL AMOUNT of Ninety -Six Thousand Seven -Hundred Eighty Dollars and Zero Cents ($96,780.00). 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, on or before: September 30, 2025 or within 60 calendar days following the date of notice to proceed. [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 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 140 of 204 AGENDA ITEM #14.A.2. 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 bonds given by the Contractor in the sum of Bid Bond (5% of the Total Contract Amount) $4,839 and Performance Bond (to be issued at award) $ 6. 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. 7. For purposes of this Contract, Contracting Officer means the Borough Manager, or any other person designated by the Borough Manager. 8. The Contractor is an independent contractor and not an employee or agent of the Borough. 9. 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) Exhibit A: Chiniak School Painting Combined Specifications and Drawings; (2) Bid Package Submitted by Highmark Marine Fabrication Dated, July 23, 2025. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. KODIAK ISLAND BOROUGH Signature of Borough Manager Printed Name Date Borough Clerk (Attest) CONTRACTOR Company Name Signature of Authorized Representative Printed Name of Authorized Representative Date Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 141 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Performance Bond Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 Now, therefore the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly comply with one of the following: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the bidder, arrange for contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and Sealed this day of , 20 (Witness) (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Title) Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 142 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Contractor Certificate of Substantial Completion For Future Use Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 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 Owner 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 Owner 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 KODIAK ISLAND BOROUGH, OWNER Engineering & Facilities Director Date Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 143 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Contract Release Page 1 of 2 For Future Use Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 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: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 144 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Contract Release Page 2 of 2 Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 120 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 120 Notary Public in and for Alaska My Commission expires: Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 145 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Special Conditions Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 Table of Contents Section Title SC01 General Statement..................................................................................................................... 25 SCO2 Scope of Work...........................................................................................................................25 SC03 Time of Completion.................................................................................................................. 25 SC 04 Special Site Conditions..............................................................................................................25 SC 05 Hazardous Waste Generation.................................................................................................... 25 SC 06 Site Preservation, Restoration, Cleanup and Environmental Reporting....................................25 SC07 Permits.......................................................................................................................................25 SC 08 Order of Award of Alternative Bids.......................................................................................... 25 SC09 Payment.....................................................................................................................................25 SC 10 References to Kodiak Island Borough General Conditions.......................................................26 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 146 of 204 AGENDA ITEM #14.A.2. 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 for this Contract shall include providing all labor, materials, tools, equipment, transportation, supervision and facilities necessary to complete all work outlined in the drawings and specifications. SC 03 Time of Completion All work shall be completed in accordance with the Contract Documents within sixty (60) calendar days of the date of the written Notice to Proceed. SC 04 Special Site Conditions Contractor and Owner will determine and agree to space for on -site storage and lay -down area. SC 05 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 06 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 07 Permits The Contractor shall obtain all licenses and permits that are required to do the work. SC 08 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 09 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). 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 Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 147 of 204 AGENDA ITEM #14.A.2. 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 10 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 148 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Minimum Prevailing Wage Rates Project: Chiniak School Painting Project Number: 25011/ Contract Number: FY2026-07 Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows See attached Links: hLtp://Iabor.state.ak.us/Iss/pamp6OO.htm hLtp://Iabor.alaska.gov/lss/fonns/Pam400.pdf 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. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 149 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Specifications Division 1 Specifications Division 9 Specifications [Following 61 pages] *Not included in this proposed version to save pages for Agenda Packet - will be added for signed contract. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 150 of 204 AGENDA ITEM #14.A.2. Kodiak Island Borough Drawings [Following 5 pages] *Not included in this proposed version to save pages for Agenda Packet - will be added for signed contract. Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fab... Page 151 of 204 AGENDA ITEM #14.A.3. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2026-09, Authorization To Contract With DarkTrace For Network Security Applicance And Security Services ORIGINATOR: Fred Berestoff, IT Director RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2026-09 for Network Security Appliance and Security Services with DarkTrace in the amount not to exceed $74,633 for over three years of IT security support and services. DISCUSSION: The Kodiak Island Borough currently utilizes Darktrace's on -premises cybersecurity solution to support its IT security infrastructure. The solution includes AI -driven network threat detection, real-time monitoring, and active defense capabilities. The current agreement with Darktrace is set to expire on September 30, 2025. To ensure uninterrupted cybersecurity protection and maintain compliance with our IT security standards, the IT Department recommends renewing the contract for an additional three years. The Renewal includes the following components. 1. Darktrace On-Prem Appliance (Medium) 2. Darktrace Security Operations Support 3. Darktrace Software Subscription 4. Ongoing Training and Support Darktrace has proven to be an effective tool in the Borough's layered IT security defense strategy, identifying anomalous activity and providing actionable alerts. Renewing the contract aligns with the Borough's commitment to proactively manage cyber risks. ALTERNATIVES: 1. Decline to renew the contract and seek alternative cybersecurity solutions. 2. Delay renewal and reassess security infrastructure needs. 3. Approve a one-year extension instead of a three-year renewal. FISCAL IMPACT: The total cost of the three-year contract is $74,633, which will be distributed over the Borough's IT operating budget. This includes software licensing, hard appliance support, updates and technical assistance. OTHER INFORMATION: Contract services will continue to be monitored by IT staff for performance, and adjustments will be recommended if needed. Kodiak Island Borough Contract No. FY2026-09, Authorization To Contract With DarkTrace For Net... Page 152 of 204 AGENDA ITEM #14.A.3. Customer Name: Kodiak Island Borough Product Order Form: 201701-202506-10-1043881 Transactional Tax I D/Business Date Prepared: 2025/06/10 RegistrationNAT No: 92-0030845 Shipping Address: 710 Mill Bay Road, Kodiak, AK 99615-6398 Expiry Date: 2025/09/19 Invoice Address: 710 Mill Bay Road, Kodiak, AK 99615-6398 Attn: Fred Berestoff Email: fberestoff@kodiakak.us Darktrace Offering Subscription Annual Extended Product/Services Description Quantity Period Start Date End Date Customer Customer Price (months) Price USD USD Platform Product Network Darktrace / NETWORK 451-500 36.0 2025-10-01 2028-09-30 Ps Cross -Platform Product INotOrdered] Platform Module Services Darktrace Security Operations Support 1 36.0 2025-10-01 2028-09-30 Deployment On -Premises Darktrace On-Prenn Appliance (Medium) 1 36.0 2025-10-01 2028-09-30 Appliances Training Trainings Darktrace Training (eLearning) 1 Darktrace Training (Public) 1 Subscription period commencing on 2025/10/01 ("Commencement Date") Standard SupportServices 24,878 Contract No. FY2026-09, Authorization To Contract With DarkTrace For Net... Page 153 of 204 AGENDA ITEM #14.A.3. By signing this Product Order Form, issuing a purchase order referencing this Product Order Form or otherwise accessing or using the Offering, the Customer's use of the 1 Offering shall be subject to the Darktrace Master Services Agreement included in the Appliance, which can also be found at: https://www.darktrace.com/resources/legal- online-terms.pdf ("Agreement"). Customer is in possession of the Appliance(s) listed above and shall not receive additional such Appliance(s) pursuant to this Product Order Form. 2 Use of Darktrace / NETWORK is limited to within the IP Count band specified above ("Usage Metrics"). For such purposes, "IP Count" is calculated by taking the peak unique IP address values (with VLANs differentiated) in any 24-hour period in the last 28 days. Should Usage Metrics be exceeded, additional Fees shall be payable. The Offering is made available on the basis of the relevant Product Specification, Service Definition, or other technical documentation (as applicable). Product Specifications 3 and Service Definitions are found at: https://darktrace.com/legal/product-specifications-and-service-definitions, whilst othertechnical documentation can be found via the Customer Portal. Additional Services are made available to Customer on the basis of the respective Service Definition found at https://darktrace.com/legal/product-specifications-and- 4 service -definitions. All Service Definitions are subject to the Master Services Agreement. The Appliance(s) are for use with respect to the Customer's applicable bandwidth throughput, number of connected devices and connections per minute as set out in the 5 applicable Product Data Sheet (https://darktrace.com/resources/contract-data-sheets.zip) (the "Appliance Specifications"). Should the Appliance Specifications be exceeded, additional Fees shall be payable. Fees are exclusive of any applicable sales tax, goods and services tax, withholding taxor VAT. Fees will be invoiced in advance in accordance with the below invoicing 6 schedule. Payment terms Net 30. 7 If Customer requires a purchase order, it must be sent at the time of acceptance of this Product Order Form and be forthe full contract value. If it is not received, Darktrace shall be entitled to invoice without it. Acceptance of this Product Order Form is expressly limited to the terms of Darktrace's offer. Once accepted, the terms and conditions of this Product Order Form and the g Agreement will be the complete and exclusive statement of the agreement between the parties. Any modifications proposed by Customer are expressly rejected by Darktrace and shall not become part of the Agreement in the absence of Darktrace's written acceptance. This Product Order Form may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be 9 deemed to be an original and all of which together shall constitute one and the same agreement. Transmission of the executed counterpart of this Product Order Form by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart. In consideration forthe use of the Appliance and the licences granted herein, Customer agrees that Darktrace shall be permitted to (a) Identifythe Customer as a customer and to use the Customer's name in connection with proposals to prospective customers, (b) Display Customer's logo on Darktrace's web site, (c) Otherwise referto 10 Customer in print or electronic form solely for marketing or reference purposes, including in a joint press release(s), (d) Participate in a case study for the purposes of marketing and promotion, (e) Participate in and speak at least one Darktrace seminar, dinner, or roundtable event, (f) Speak to 2-3 Darktrace referred journalist per year, (g) Provide a reasonable number of reference calls on demand. Customer shall have the right to terminate the subscriptions conveyed by this Product Order Form upon each anniversary of the Commencement Date, solely in the event Customer fails to receive sufficient appropriation of funds or authorization for the expenditure of sufficient funds to provide for the continuation of such subscriptions. In 11 such circumstance, Customer will provide as much notice as possible and in any case at least ten (10) days' written notice sent to fingroup@darktrace.com prior to such anniversary of the Commencement Date, and in such notice Customer shall certify and warrant in writing that sufficient funds have not been appropriated to continue the Offering and Agreement. If Customer does not provide the foregoing notice or certification, (a) this Product Order Form will continue for the remainder of the Term, and (b) Darktrace shall be entitled to invoice Customer in accordance with the terms of this Product Order Form. Contract No. FY2026-09, Authorization To Contract With DarkTrace For Net... Page 154 of 204 AGENDA ITEM #14.A.3. Contract No. FY2026-09, Authorization To Contract With DarkTrace For Net... Page 155 of 204 AGENDA ITEM #14.B.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2026-04, Designating Community Development Department Director Chris French As The Temporary Administrative Official During The Absence Or Disability Of The Borough Manager And Designated Administrative Official ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2026-04. DISCUSSION: With the recent departure of Environmental Specialist Jena Hassinge Manager Aimee Williams has put forth the nomination of Chris Development Director, of as the Temporary Administrative Official to s manager's absence and that of the designated official. The effective da will be August 21, 2025. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.45.030 Powers and duties. r from the Borough, French, Community erve during both the to of this Resolution The manager, as the chief administrative officer, is responsible for the proper administration of all borough affairs. The manager shall: B. Nominate an administrative official, subject to designation by assembly resolution confirming the nomination, to act as manager during the manager's absence or disability. KIBC 2.45.080 Administrative Official — Nomination and Designation. The administrative official is nominated by the borough manager and designated by assembly resolution confirming the nomination to act as manager during the manager's absence or disability. KIBC 2.45.090 Administrative Official — Preferred Qualifications. 1. A full-time employee of the Kodiak Island Borough for a minimum of two years; 2. Meets the qualifications by education and experience of the office to which the employee holds; 3. Physically located in Kodiak during the appointment and throughout the duration of the appointment; and 4. Meets the qualifications outlined in the Emergency Operations/Management Plan to Kodiak Island Borough Resolution No. FY2026-04, Designating Community Development Department D... Page 156 of 204 AGENDA ITEM #14.B.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING conform to the required training throughout the year. KIBC 2.45.100 Administrative Official — Duties. The designated administrative official shall oversee the management of the borough's administrative affairs, ensuring the continuity of policies and procedures enacted by the borough manager. The administrative official shall have only those powers necessary to deal with borough administrative affairs until the manager's return. The administrative official will not have the authority to hire or terminate any employee while acting on a temporary duty. The administrative official will not have the authority to enter into any contracts or agreements not already dated before the manager's departure. KIBC 2.45.110 Administrative Official — Compensation. The designated administrative official shall receive increased compensation for the time assigned as the administrative official not more than the manager's leave. Increased compensation shall be a ten percent above base salary prorated for the administrative official's duties. (Example: $105,000 base rate * 10% _ $10,50012080 hours in a work year = $5.05 /hr. extra per hour worked/assigned as the administrative official ($202/week}). Kodiak Island Borough Resolution No. FY2026-04, Designating Community Development Department D... Page 157 of 204 AGENDA ITEM #14.B.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2026-04 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR CHRIS FRENCH AS THE TEMPORARY ADMINISTRATIVE OFFICIAL DURING THE ABSENCE OR DISABILITY OF THE BOROUGH MANAGER AND THE DESIGNATED ADMINISTRATIVE OFFICIAL WHEREAS, it is essential to establish a definitive procedure for administration to address emergencies or urgent matters during the absence or disability of the Borough manager and the designated administrative official; and WHEREAS, a temporary administrative official is necessary when both Manager and the designated administrative official are unable to fulfill the duties of the Manager's position; and WHEREAS, Borough Manager Aimee Williams nominates Community Development Department Director Chris French to serve as the temporary administrative official during the concurrent absence or disability of both the manager and the designated administrative official. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Community Development Director Chris French is officially designated and confirmed to fulfill the role of manager in the absence or disability of both the manager and the designated administrative official. He will perform the official duties outlined in KIBC 2.45.100 and compensated as specified in KIBC 2.45.110. NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution becomes effective on August 21, 2025. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Absent: Resolution No. FY2026-04 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2026-04, Designating Community Development Department D... Page 158 of 204 AGENDA ITEM #14.B.2. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2026-05, A Resolution Of The Assembly Of The Kodiak Island Borough Allocating Fiscal Year 2026 Kodiak Island Borough Nonprofit Funding ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2026-05. DISCUSSION: During work sessions on July 10th and July 31st, members of the Assembly reviewed applications submitted by local nonprofit organizations for the use of this funding and discussed how the budgeted funds will be disbursed. This resolution approves the distribution (allocation) of funding to local nonprofit organizations for Fiscal Year 2026 as reflected in the attached spreadsheet. ALTERNATIVES: Amend the resolution, fail to approve the resolution, or take no action. FISCAL IMPACT: Approved expenses in the FY26 budget = $313,409 OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2026-05, A Resolution Of The Assembly Of The Kodiak Isl... Page 159 of 204 AGENDA ITEM #14.B.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2026-05 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ALLOCATING FISCAL YEAR 2026 KODIAK ISLAND BOROUGH NONPROFIT FUNDING WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent nonprofit organizations that provide services that enrich lives in our community; and WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that many community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, these organizations provide services that fit within the adopted powers of the Kodiak Island Borough; and WHEREAS, these organizations have submitted applications requesting funds for specific uses; and WHEREAS, the Kodiak Island Borough Assembly appropriated $300,000 in the FY26 budget for Nonprofit Funding and also requested that nonprofit entities submit applications for projects upon which Opioid Settlement Funds could be spent. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough FY26 contributions to nonprofits will be allocated as described in the attached spreadsheet. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2026-05 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2026-05, A Resolution Of The Assembly Of The Kodiak Isl... Page 160 of 204 AGENDA ITEM #14.B.2. Kodiak Island Borough FY26 Nonprofit Funding Fund 100 Kodiak College and Libraries Kodiak College 100,000 Fund 100 Fisheries Disaster Funds UAF Kodiak Seafood & Marine Science Center 28,910 Fund 273 Use of Opioid Funds Brother Francis Shelter 20,000 Kodiak Area Mentor Program 14,095 Kodiak Community Health Center 25,000 Kodiak Reentry Inc 20,000 Fund 100-192-120 Education, Culture & Recreation Alutiiq Museum 5,000 American Red Cross of Alaska 5,000 Hope Community Resources 5,000 Island Trails Network 5,000 Kodiak 4-H 5,000 Kodiak Archipelago Leadership Institute 5,000 Kodiak Arts Council 5,000 Kodiak History Museum 5,000 Kodiak Maritime Museum 5,000 Kodiak Middle School PTSA 3,500 Kodiak Soil and Water Conservation District 5,000 Kodiak Teen Court 5,000 Old Harbor Alliance 5,000 Fund 100-192-110 Health & Social Services Brother Francis Shelter 25,000 Hospice and Palliative Care of Kodiak 6,000 Humane Society of Kodiak 5,000 Kodiak Area Mentor Program 5,000 Kodiak Area Native Association WIC/ILP 24,524 Kodiak Area Transit System 5,000 Kodiak KINDNESS Project 5,000 Kodiak Public Broadcasting (KMXT) 25,000 Kodiak Reentry 25,000 Kodiak Womens Resource & Crisis Center 25,000 Senior Citizens of Kodiak 25,000 The Salvation Army 25,000 Resolution No. FY2026-05, A Resolution Of The Assembly Of The Kodiak Isl... Page 161 of 204 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Assisted Living Residences ORIGINATOR: Chris French, CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2026-04 to public hearing at the next regular meeting of the Assembly. DISCUSSION: The Kodiak Island Borough Planning & Zoning Commission held a public hearing on July 16, 2025, regarding a code amendment to various section of Title 17, Zoning, related to assisted living residences. The Commission voted 5 to 0 with 2 members absent to recommend approval of the code amendment to the Assembly. The Commission approved this recommendation through Resolution No. FY2026-01, which is attached to this agenda statement. The Community Development Department staff has received several inquires from the public on where assisted living residential uses are allowed within the zoning regulations. Currently, assisted living residential uses are not listed within the zoning regulations. Staff brought this issue to the attention of the Planning & Zoning Commission at its work session on November 13, 2024. The Commission directed staff to research and develop a draft code amendment for assisted living residential uses. The first review of a draft ordinance was on January 8, 2025. The Commission conducted additional work sessions on the amendment on May 14, 2025, and June 11, 2025. Assisted living residences are uses that provide services to residents that need assistance because of physical or mental disability caused by age, disease, or genetic disorder. The State of Alaska licenses assisted living homes, with 3 or more residents. Staff has included a list of current license holders within the borough attached to this agenda item. The code amendment before you would define two uses: assisted living homes with up to 5 residents in a dwelling unit and assisted living facility with more than 5 residents in a dwelling unit and includes facilities with multiple dwelling units. The code amendment also provides for location of these uses by zoning district and by approval type; either as permitted uses or permitted uses that require a conditional use permit. Attached to this agenda item is a list of state licensed assisted living homes/facilities. Most of the current licensed properties are located within the R2 and R3 districts. The proposed code amendment would allow assisted living homes in the RR2, RR, RR1, R1, R2, and R3 districts. Assisted living facilities would be allowed within the R3, B, UNC and RB districts, and by a conditional use permit within the RR1, R1, and R2 districts. The code amendment includes a parking requirement of 3 off-street spaces for an assisted living home and 3 off-street spaces or 1 off-street space per employee on maximum shift, plus Kodiak Island Borough Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 162 of 204 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING one visitor per 5 residents, whichever is greater for an assisted living facility. The Commission recommended approval to the Assembly based on the 2008 comprehensive plan goal to improve zoning regulations and policies. In addition, the Commission recommended approval based on review of other jurisdictions in the state and through a review of best planning practices. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: This ordinance has been reviewed by the Borough Attorney. Kodiak Island Borough Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 163 of 204 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO ASSISTED LIVING RESIDENCES WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to A.S. Chapter 29.40; and WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an update to the KIB comprehensive plan on December 6, 2007 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Community Development Department staff received inquiries from residents of the borough on where assisted living residences may be permitted within the borough; and WHEREAS, KIBC does not define assisted living homes or facilities within Title 17; and WHEREAS, the State of Alaska licenses Assisted Living Homes for up to 5 individuals and more than 5 individuals; and WHEREAS, the Planning and Zoning Commission discussed the options for regulating assisted living uses and directed staff to create assisted living home use for up to 5 individuals and assisted living facility use for more than 5 individuals; and WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance with the 2008 comprehensive plan and best planning practices. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Ordinance No. FY2026-04 Page 1 of 5 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 164 of 204 AGENDA ITEM #14. C.1. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 17.25.020 A definitions. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. Assisted living facility — means a residential facility, currently and duly licensed by the state of Alaska as an assisted living home, which combines housing, food service, general protective oversight and personalized assistance with the activities of daily living tasks such as eating, bathing, dispensing of medicines, housekeeping and other tasks and is compatible with a residential zoning district for more than 5 residents unrelated by blood or marriage. Assisted living home — means a single-family dwelling unit designed, used, or intended for use in whole or in part as an assisted living home, that is licensed and regulated by the State of Alaska and includes no more than 5 residents unrelated by blood or marriaae. 17.60.020 (RR2) Permitted uses. J. Bed and breakfasts; aid K. Hoop houses -.Land L. Assisted living home. 17.65.020 (RR) Permitted principal uses and structures. D. Hoop houses; aad E. Agricultural buildings and activities. -Land Ordinance No. FY2026-04 Page 2 of 5 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 165 of 204 AGENDA ITEM #14. C.1. 89 90 F. Assisted living home. 91 92 17.70.020 (RR1) Permitted uses. 93 .. 94 L. Hoop houses; and 95 96 M. Accessory dwelling units (ADUs) (attached) -.Land 97 98 N. Assisted living home. 99 100 17.70.030 (RR1) Conditional uses. 101 .. 102 D. Accessory dwelling units (ADUs) (detached); apA 103 104 E. Pet boarding facility -.Land 105 106 F. Assisted living facility. 107 108 17.75.020 (R1) Permitted uses. 109 .. 110 I. Urban agricultural buildings and activities; and 111 112 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet) -.Land 113 114 K. Assisted living home. 115 116 17.75.030 (R1) Conditional uses. 117 .. 118 E. Recreational vehicle parks; and 119 120 F. Accessory dwelling units (ADUs) (detached) -.Land 121 122 G. Assisted living facility. 123 124 17.80.020 (R2) Permitted uses. 125 .. 126 R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 127 there is a single-family residence on the property); and 128 129 S. Pet services -.Land 130 131 T. Assisted living home. 132 Ordinance No. FY2026-04 Page 3 of 5 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 166 of 204 AGENDA ITEM #14. C.1. 133 17.80.025 (R2) Conditional uses. 134 .. 135 A. Mobile home parks...i 136 137 B. Recreational vehicle parks..., and 138 139 C. Assisted living facility. 140 141 17.85.020 (R3) Permitted uses. 142 .. 143 S. Urban agricultural buildings and activities; 144 145 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 146 there is a single-family residence on the property); and 147 148 U. Pet services..-i 149 150 V. Assisted living facility; and 151 152 W. Assisted living home. 153 154 17.90.020 (B) Permitted uses. 155 .. 156 GG. Marijuana testing facilities; 157 158 HH. Marijuana manufacturing facilities; 159 160 II. Veterinary clinics/animal hospitals; aad 161 162 JJ. Pet services -.Land 163 164 KK. Assisted living facility. 165 166 17.100.020 (UNC) Permitted principal uses and structures. 167 .. 168 I. Pet services; and 169 170 J. Veterinary clinics/animal hospitals..-; and 171 172 K. Assisted living facility. 173 174 17.110.020 (RB) Permitted principal uses and structures. 175 .. 176 M. Marijuana retail stores; aad Ordinance No. FY2026-04 Page 4 of 5 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 167 of 204 AGENDA ITEM #14. C.1. 177 178 N. Marijuana testing facilities -.Land 179 180 O. Assisted living facility. 181 182 17.175.040 Off-street parking — Number of spaces required. 183 184 A. The required number of off-street parking spaces to be provided will be determined as 185 follows: 186 187 Table 1. 188 Permitted Uses Required Off -Street Parking Spaces Aircraft hangars (used for any purpose) 1 per 700 square feet of gross floor area Assisted Living Facility 3 spaces, or 1 space per employee on maximum shift, plus one visitor space per 5 residents, whichever is greater Assisted Living Home 3 spaces Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 168 of 204 AGENDA ITEM #14.C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2026-01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO ASSISTED LIVING RESIDENCES TO THE BOROUGH ASSEMBLY WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to A.S. Chapter 29.40; and WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an update to the KIB comprehensive plan on December 6, 2007 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Community Development Department staff received inquiries from residents of the borough on where assisted living residences may be permitted within the borough; and WHEREAS, KIBC does not define assisted living homes or facilities within Title 17; and WHEREAS, the State of Alaska licenses Assisted Living Homes for up to 5 individuals and more than 5 individuals; and WHEREAS, the Planning and Zoning Commission discussed the options for regulating assisted living uses and directed staff to create assisted living home use for up to 5 individuals and assisted living facility use for more than 5 individuals; and WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Planning and Zoning Commission finds that this amendment is in conformance with the 2008 comprehensive plan and best planning practices. Planning & Zoning Commission Page 1 of 6 Resolution No. FY2026-01 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 169 of 204 AGENDA ITEM #14.C.1. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Commission considered the merits of the code amendment on July 16, 2025, and recommends approval of the code amendment to Title 17 based upon findings listed within this resolution, satisfying the requirements for Commission review in KIBC Chapter 17.205 before sending the proposed code amendment to the Assembly for consideration. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FINDINGS, IT IS RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH AS FOLLOWS: Section 1: The Kodiak Island Borough Planning and Zoning Commission hereby recommends approval of the code amendment as listed in Section 2 of this resolution to the Borough Assembly for consideration. Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 17.25.020 A definitions. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. Assisted living facility — means a residential facility, currently and duly licensed by the state of Alaska as an assisted living home as defined in AS 47.32.900(2), which combines housing, food service, general protective oversight, and personalized assistance with the activities of daily living tasks such as eating, bathing, dispensing of medicines, housekeeping and other tasks and is compatible with a residential zoning district for more than 5 residents unrelated by blood or marriage. Assisted living home — means a single-family dwelling unit designed, used, or intended for use in whole or in part as an assisted living home as defined in AS 47.32.900(2), that is licensed and regulated by the State of Alaska as an assisted living home and includes no more than 5 residents unrelated by blood or marriage. Planning & Zoning Commission Resolution No. FY2026-01 Page 2 of 6 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 170 of 204 AGENDA ITEM #14.C.1. 87 17.60.020 (RR2) Permitted uses. 88 .. 89 J. Bed and breakfasts; and 90 91 K. Hoop houses-i and 92 93 L. Assisted living home. 94 .. 95 96 17.65.020 (RR) Permitted principal uses and structures. 97 .. 98 D. Hoop houses; and 99 100 E. Agricultural buildings and activities-1 and 101 102 F. Assisted living home. 103 .. 104 105 17.70.020 (RR1) Permitted uses. 106 .. 107 L. Hoop houses; and 108 109 M. Accessory dwelling units (ADUs) (attached)-; and 110 111 N. Assisted living home. 112 .. 113 114 17.70.030 (RR1) Conditional uses. 115 .. 116 C. Marijuana cultivation, limited (lots equal to or greater than 40,000 square feet); and 117 118 D. Accessory dwelling units (ADUs) (detached)-. and 119 120 E. Assisted living facility. 121 .. 122 123 17.75.020 (R1) Permitted uses. 124 .. 125 I. Urban agricultural buildings and activities; and 126 127 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet)-. and 128 129 K. Assisted living home. Planning & Zoning Commission Page 3 of 6 Resolution No. FY2026-01 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 171 of 204 AGENDA ITEM #14.C.1. 130 .. 131 132 17.75.030 (R1) Conditional uses. 133 .. 134 E. Recreational vehicle parks; aad 135 136 F. Accessory dwelling units (ADUs) (detached)-; and 137 138 G. Assisted living facility. 139 .. 140 141 17.80.020 (R2) Permitted uses. 142 .. 143 Q. Urban agricultural buildings and activities; and 144 145 R. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 146 there is a single-family residence on the property)-; and 147 148 S. Assisted living home. 149 150 17.80.025 (112) Conditional uses. 151 .. 152 A. Mobile home parks-; 153 154 B. Recreational vehicle parks..-1 and 155 156 C. Assisted living facility. 157 .. 158 159 17.85.020 (R3) Permitted uses. 160 .. 161 S. Urban agricultural buildings and activities; and 162 163 T. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when 164 there is a single-family residence on the property)..-i 165 166 U. Assisted living facility; and 167 168 V. Assisted living home. 169 170 17.90.020 (B) Permitted uses. 171 .. 172 GG. Marijuana testing facilities; and Planning & Zoning Commission Page 4 of 6 Resolution No. FY2026-01 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 172 of 204 AGENDA ITEM #14.C.1. 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 HH. Marijuana manufacturing facilities-i and II. Assisted livinq facility. 17.100.020 (UNC) Permitted principal uses and structures. G. Schools/daycare facilities; aad H. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure-.1 and I. Assisted living facility. 17.110.020 (RB) Permitted principal uses and structures. M. Marijuana retail stores; aad N. Marijuana testing facilities-i and O. Assisted living facility. 17.175.040 Off-street parking — Number of spaces required. A. The required number of off-street parking spaces to be provided will be determined as follows: Table 1. Permitted Uses Required Off -Street Parking Spaces Aircraft hangars (used for any purpose) 1 per 700 square feet of gross floor area Assisted Living Facility 3 spaces, or 1 space per employee on maximum shift, plus one visitor space per 5 residents, whichever is greater Assisted Living Home 3 spaces ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS DAY OF �Q O-S Planning & Zoning Commission Resolution No. FY2026-01 Page 5 of 6 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 173 of 204 AGENDA ITEM #14.C.1. 207 208 KODIAK ISLAND BOROUGH 209 21 211 213 �r �eT4, V jC.P— CtNe,� r 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 ATTEST: T�-• EST, /, (& Hailee Wallace, Secretary III VOTES: Ayes: ") Cto�i� W (�� p� yvtSp /"�n✓�� tv�� Noes: MOvve y Planning & Zoning Commission Resolution No. FY2026-01 Page 6 of 6 Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Boro... Page 174 of 204 O Q v z O N 0 N T b D 3 Q cQ v O Cn CD a 0 Cn O Q T O Q v� v Q W O O v (D v Cn O N O Department of Health Division Of Health Care Services Residential Licensing Currently Licensed Assisted Living Homes Listin License Type Key: jHorne Name Full Life Assisted Living & Group Home This information was last updated on 04/2 ] /2025 Beds Physical Addre 2 12309 Gara Drive RR1 Hope - Maple 5 1115 Selief Lane R3 Hope - Selief 6 1117 Selief Lane R3 Hope - Viewcrest 5 3194 Viewcrest Lane R2 Kodiak Assisted Living and Group Home 4 421 Curlew Way R2 Kodiak Island Assisted Living, LLC 2 1814 Simeonoff Street R1 Our Kodiak Home 5 1125 E. Rezanof Drive R2 Pillars of Care Assisted Living Home, LLC 2 618 Lower Mill Bay Road R2 Spruce Cape ALH 5 3284 Spruce Cape Road R2 Sunrise Assisted Living Facility, LLC. 15 309 Erksine Avenue Business AGENDA ITEM #14. C.2. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 7, 2025 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-06, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Definitions ORIGINATOR: Seema Garoutte, Assessor RECOMMENDATION: Move to advance Ordinance No. FY2026-06 to public hearing at the next regular meeting of the Assembly. DISCUSSION: KIBC 3.35.030 states that a "Primary residence and permanent place of abode" shall mean a dwelling which is owned by and in which the person resides at least 185 days in the year prior to the exemption year and, when absent, the dwelling is not leased or rented to another." The Alaska Department of Revenue, permanent fund dividend division office states that in order to be eligible for the PFD, you must reside in Alaska for 180 days. Since the PFD is relied upon as a source for eligibility for Senior and Disabled Veteran exemption, Assessing staff believes that the Kodiak Island Borough should use the same number of days to determine qualification. This would benefit staff by eliminating the need to develop additional resources and letters to determine eligibility for the difference of 5 days. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2026-06, Amending Kodiak Island Borough Code Title 3 Rev... Page 176 of 204 AGENDA ITEM #14. C.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-06 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 REAL PROPERTY TAX, SECTION 3.35.030 REAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION REGARDING DEFINITIONS WHEREAS, the Kodiak Island Borough Code uses the Alaska Permanent Fund Dividend eligibility as a measure of residency for purposes of the senior real property tax exemption; and WHEREAS, the number of days of physical presence in the State of Alaska required for purposes of residency eligibility for the Alaska Permanent Fund Dividend is stated as 180 days while the current provisions in the Kodiak Island Borough Code require 185 days presence; and WHEREAS, the Assembly desires to harmonize the provisions of the Kodiak Island Borough Code with the number of days required by the State of Alaska for Alaska Permanent Fund Dividend eligibility. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That section 3.35.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 3.35.030 Real and property exempted from taxation (A) 7. Definitions. For purposes of subsection (A)(6) of this section only, the following words are defined as: "Disabled veteran" shall mean a disabled person separated from the military service of the United States under a condition that is not dishonorable who is a resident of the state, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as 50 percent or more by the branch of service in which that person served or by the United States Department of Veterans Affairs. "Primary residence and permanent place of abode" shall mean a dwelling which is owned by and in which the person resides at least 4-&5180 days in the year prior to the exemption year and, when absent, the dwelling is not leased or rented to another. "Resident" shall mean a person who has a fixed habitation in the Kodiak Island Borough for at least 485 180 days per calendar year, and when absent, intends to return to the Ordinance No. FY2026-06 Page 1 of 2 Ordinance No. FY2026-06, Amending Kodiak Island Borough Code Title 3 Rev... Page 177 of 204 AGENDA ITEM #14. C.2. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 borough and does not claim residency outside the borough or claim a resident exemption in another state or country, or other borough of Alaska or take action or is absent under circumstances inconsistent with the intent to remain and make a home indefinitely in the borough. "Widow or widower" shall mean the surviving un-remarried spouse. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-06 Page 2 of 2 Ordinance No. FY2026-06, Amending Kodiak Island Borough Code Title 3 Rev... Page 178 of 204 AGENDA ITEM #18.A. f Kodiak Island Borough Fire Protection Area No. 1 Service Area Board March 11, 2025 A regular meeting and budget public hearing of the Fire Protection Area No. 1 Service Area Board was held on March 11, 2025, in the Bayside Fire Hall. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chair Richard Carstens called the meeting to order at 6:OOPM ROLL CALL Staff Brian Price conducted a roll call. Members in attendance were Chair Richard Carstens, Vice -Chair John Parker, Scott Arndt, Mike Dolph. A Quorum was established. Also, in attendance was Chief of Bayside Fire Department Scott Ellis. APPROVAL OF AGENDA ARNDT moved to approve the agenda. PARKER seconded. ARNDT MOVED to amend the agenda to include under item 8a, Chairpersons' Report recommendation to the Borough Assembly to nominate applicant Craig Dagen to the fifth seat of Fire Protection Area No. 1 Board. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ARNDT moved to approve the agenda as amended. DOLPH seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APROVAL OF MINUTES ARNDT moved to approve the minutes of the January 29th, 2025, regular meeting. PARKER seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT ARNDT moved to acknowledge the receipt of the financial report dated March 3rd, 2025. DOLPH seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) There were no visitor comments. Kodiak Island Borough March 11, 2025 Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 179 of 204 AGENDA ITEM #18.A. FIRE CHIEF'S REPORT Chief Scott Ellis began his report. Final figures for incident call volume in 2024 were shared. It was noted that response time had improved greatly as well as the level of response. Chief Scott Ellis detailed the composition of the Fire Department staff and shared positive training dynamics. Community events that Bayside helped to facilitate were shared. Developments with retention and recruitment were relayed. Chief Scott Ellis moved onto Capital Budget requests. Some of the items listed were a new duty officer/command vehicle, portable radio upgrades, 5 full sets of PPE structural turnout gear, and next -generation thermal imaging cameras. It was noted that these will continue to be a part of the conversation Vice Chair John Parker asked the chief what measures were in place for military/coast guard members that need to leave the organization. Chief Scott Ellis provided example of a situation that had already occurred in which a member found a replacement before their deployment as well as other contingent procedures. Chief Scott Ellis concluded his report with kudos and gratitude towards the efficiency in which Bayside Fire Department's membership maintained its duties and expectations in his extended absence. CHAIR PERSONS' REPORT Chair Richard Carstens began his report. The membership of Bayside was lauded for their continued efforts and hard work. Chair Richard Carstens felt that the current membership is just as good if not better than it ever has been. Mentions of the Cadet Program with the Kodiak High School were made with recommendations for the board to support the Cadet Program moving forward were made to the board. Vice Chair John Parker was acknowledged for his contributions helping organize the program. APPROVAL OF BOARD MEMBER APPLICATION ARNDT recommended to the Borough Assembly that applicant Craig Dagen be appointed to the Fire Protection Area No. 1 Board. PARKER seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY PUBLIC HEARING BUDGET FY2026 ARNDT MOVED to approve the Fire Protection Area No. 1 FY2026 Proposed Budget. PARKER seconded. Chair Richard Carstens suspended the Regular Meeting and opened the Public Hearing. There were no citizens comments. Chair Richard Carstens closed the Public Hearing and resumed the Regular Meeting. Kodiak Island Borough March 11, 2025 Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 180 of 204 AGENDA ITEM #18.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS BOARD MEMBERS' COMMENTS There were no Board Member Comments SET NEXT MEETING DATE The board briefly discussed their availability for April. The next board meeting was set for April 22nd. ADJOURNMENT Chair Richard Carstens adjourned the meeting at 6:48 PM. KODIAK ISLAND BOROUGH ATTEST: Zs' Richard Carstens, FPA#1, Board Chair Kodiak Island Borough March 11, 2025 &'I', kk - Brian Price, Engineering & Facilities Secretary JUL 2 3 2025 BOROUGH CLERICS OFFICE KODIAK. ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 181 of 204 AGENDA ITEM #18.A. Kodiak Island Borough Fire Protection Area No. 1 Service Area Board May 20, 2025 A regular meeting of the Fire Protection Area No. 1 Board was held on May 20, 2025, in the Bayside Fire Hall. CALL TO ORDER/PLEDGE OF ALLEGIANCE 11 The meeting was called to order at 6:03pm. ROLL CALL 11 Staff Brian Price conducted a roll call. Members present were Chair Richard Carstens, Vice -Chair John Parker, Mike Dolph, and Craig Dagen. Member Scott Arndt was excused absent. Also in attendance were Chief of Bayside Fire Department Scott Ellis, Bayside Firefighters Shelby Bacus, Cody Foster, Chris Glade, and Patrick Callahan. APPROVAL OF AGENDA 11 PARKER MOVED to approve the agenda. DAGEN seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APROVAL OF MINUTES 11 DAGEN MOVED to approve the minutes of the March 11th, 2025 Regular Meeting & Budget Public Hearing. PARKER seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT 11 PARKER MOVED to acknowledge the receipt of the financial report. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 11 None. FIRE CHIEF'S REPORT 11 Chief Scott Ellis gave his report. End -of -year purchasing was mentioned. General work around the station has been continuing. An ad -on for the Lexipol Dashboard was mentioned. Chief Scott Ellis also announced that preparations for standby season at the raceway have begun. Promotions of officers were relayed to the board. Each company will have 4 Lieutenants, 4 Captains, & 4 Engineers. Mentions were made about certain Fire Protection Grants that have been released from recent suspension and that more was to be explored about how Bayside may be able to apply. John Parker asked questions regarding the timeline, and Craig Dagen had questions about what resources were being divided to the raceway preparations. Discussion ensued. Kodiak Island Borough Fire Protection Area No. 1 Board Regular May 20, 2025 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 182 of 204 AGENDA ITEM #18.A. CHAIR PERSONS' REPORT 11 Chair Richard Carstens introduced new board member Craig Dagen and gave a background on the timeline of the seat's vacancy and his application to the board. Craig Dagen then provided more details about himself and his history, expertise, and passion for Fire Safety in his time spent across different states in the lower 48. NEW BUSINESS 11 Presentation by 2025 FDIC Attendees Several of Bayside's firefighters were present at the meeting and provided updates on their experiences at the 2025 FDIC Event in April. An overview of what the members were able to observe and learn. Search training, structure collapse, EMS -based lectures, physical & mental fitness, and many more topics were explored in their time attending. The firefighters each thanked the board members for allowing them to attend the event. 12 Update on Cadet Program Captain Shelby Bacus began the update on the cadet program. In January, applications were received. The program had begun in February into early March. 3 individuals have joined, 2 fourteen -year -olds & 1 fifteen -year -old. The Cadets meet every Wednesday 6-8pm and are working through various trainings. Each of the cadets must complete at least 1 study session for each month in which they come to the Fire Station to either study their training materials or school materials. Graduation evaluations are to be conducted in July and will be followed by another recruiting push at the end of the month. Overall, the program is on track. OLD BUSINESS 11 Continued Discussions on Proposed Bayside Addition Chair Richard Carstens briefly went over the 2 proposed renditions of the Bayside Addition. Background information on the options and how they were conceived were shared. Chief Scott Ellis thought back to the general concept drawings that he reviewed when he first arrived at Bayside and how he halted that addition for a time to improve what was already present at the Station. A locker area or decontamination area/showers is still a significant need. Chief Scott Ellis stated that a live-in program for firefighters would be something that needs to be considered in the future and how the addition factors in with that projection. He does not want the process to stagnate. Vice -Chair John Parker considered possible changes to the Kodiak Island Borough Emergency Plan due to the closure of the North Star Elementary School which is one of the staging areas in the event of a disaster. Vice -Chair John Parker expressed what impact this could have on the Bayside Fire Station's significance within that plan. Further discussion ensued. CITIZENS' COMMENTS 11 None. BOARD MEMBERS' COMMENTS Kodiak Island Borough May 20, 2025 Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 183 of 204 AGENDA ITEM #18.A. 11 Craig Dagen - It is a privilege & honor to sit in this seat. Thank you for that gift. I should hope that I can rise to the occasion to meet the needs of our department. Beyond that, the limitation of our imagination and the financial courage that's necessary to make the decisions that are forthcoming is on us, and it's our time. I look forward to walking the walk with you. SET NEXT MEETING DATE 11 Chair Richard Carstens set the next meeting date for June 17th at 6:00pm. ADJOURNMENT 11 The meeting was adjourned 6:57pm Richard Carstens, FPA#1, Board Chair Kodiak Island Borough May 20, 2025 ATTEST: ZS O► -7/ A� A& Brian Price, Engineering & Facilities Secretary JUL 21 2025 BOROUGH CLERK'S OFFICE KODIAK. ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 184 of 204 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Parks and Recreation Committee Regular Meeting January 14, 2025 A Parks and Recreation Committee Regular Meeting of the Kodiak Island Borough Parks and Recreation Committee was held on January 14, 2025, in the Borough Conference Room of the Kodiak Island Borough Building. The meeting was called to order at 11:00 p.m. CALL TO ORDER ROLL CALL Present were Ben Millstein, Brian Himelbloom, Tracy Chandler, James Arenson and Pisa Famui. APPROVAL OF AGENDA Himelbloom moved to approve the agenda. Arneson seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Himelbloom moved to approve the November 26, 2024 Meeting Minutes. Arneson second motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 CITIZENS COMMENTS • Dave Conrad spoke on park maintenance. UNFINISHED BUSINESS • Discussion on KIB Parks and Recreation Survey Results. • KIB Parks and Recreation Survey Review Kodiak Island Borough Parks and Recreation Committee Regular January 14, 2025 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 185 of 204 AGENDA ITEM #18.A. NEW BUSINESS • Parks and Recreation Chair and Vice Chair Election. Himelbloom nominated Ben Millstein as chair. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 Arneson nominated Brian Himelbloom for Vice Chair. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 CITIZENS COMMENTS COMMITTEE MEMBER'S COMMENTS INFORMATION MATERIALS ONLaffimm A.Set Next Meetm9 Schedule to be decided. • Committee discussed P&R meetings to return to quarterly. JUL 17 2015 B. Communications and Other Reports BOROUGH CLERKS OFFICE KODIAK, ALASKA ADJOURNMENT A T: Bronwyn Currie, Assistant Planner KODIAK ISLAN OUGH or VA en Millstein, Chair �ian fit ri kk 11911mm bx) Akd Kodiak Island Borough Parks and Recreation Committee Regular January 14, 2025 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 186 of 204 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting May 21, 2025 A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on May 21, 2025, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Community Development Director Christopher French, Community Development Permit Technician Bronwyn Currie, and Community Development Secretary III Hailee Wallace. CALL TO ORDER Meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present were Cort Neff, Craig Dagen, Tracy Craig, Athenas Williamson, and Sean Cleary. Dagen moved to excuse Sara Fraser from the May 21, 2025, Regular meeting. Craig seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF AGENDA Dagen moved to approve the agenda. Cleary seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Dagen moved to approve the Minutes. Williamson seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 Dagen moved to approve the Special Meeting Minutes. Craig seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 510 CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Citizens Comments are limited to three minutes per speaker. To make comments call the local number at 907-486-3231 or Toll -Free Number at 855- 492-9202. Comments are for general topics only. Kodiak Island Borough May 21, 2025 Planning and Zoning Commission Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 187 of 204 AGENDA ITEM #18.A. • There were none. PUBLIC HEARING Case No. 25-008- Request Variance on parking to allow three (3) onsite parking spaces, varying two (2) parking spaces off site. Staff believes that this request meets all the conditions necessary for a variance to be granted under KIBC 17.195.050 (Variance). Williamson moved to approve Resolution FY2025-04A for Case 25-008. Dagen seconds motion. No vote was taken on original motion. Craig moved to postpone the request variance on parking to the July meeting. Dagen seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 Case No. 25-011- Amending various sections of the Kodiak Island Borough Code Title 17 Zoning to define Pet -Related Uses and Zoning Districts. Dagen moved to adopt resolution FY2025-05. Cleary seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 OLD BUSINESS • There was none. NEW BUSINESS • There was none. PLANNING AND ZONING CASE RESULTS LETTERS • 25-004 Planning and Zoning Rezone Approval Letter • 25-005 Planning and Zoning Rezone Approval Letter • S25-006 Preliminary Approval Letter ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS • There was none. DIRECTORS' COMMENTS • Chris French delivered the Directors Report dated May 21, 2025. Kodiak Island Borough Planning and Zoning Commission Regular May 21, 2025 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 188 of 204 H AGENDA ITEM #18.A. CITIZENS' COMMENTS Citizens Comments are limited to three minutes per speaker. To make comments call the local number at 907-486-3231 or Toll -Free Number at 855- 492-9202. Comments are for general topics only. • There was none. COMMISSIONERS' COMMENTS • Dagen thanks staff. • Craig thanks staff. • Williamson thanks everyone for their time. • Neff also thanks staff. ANNOUNCEMENTS FROM THE CHAIR a. The next Work Session of the Planning and Zoning Commission is scheduled for Wednesday, June 11th, at 6:30 p.m., located in the Assembly Chambers. b. CANCELLED The next Regular Meeting of the Planning and Zoning Commission is scheduled for Wednesday, June 18th, at 6:30 p.m., located in the Assembly Chambers. ADJOURNMENT Dagen moved to adjourn the meeting. Williamson seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 Meeting adjourned at 6:48 p.m. KODIAK ISLAND BOROUGH Sara Wer, CHAIRPERSON C ov + ` `)e�-f W11161 "VIE,D JUL 1 8 2025 BOROUGH CLERK'S OFFICE KODIAK, ALASKA ATTEST: &a;& /J aA� Hailee Wallace, Secretary III Kodiak Island Borough Planning and Zoning Commission Regular May 21, 2025 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes Of... Page 189 of 204 AGENDA ITEM #19.A. Supplemental Materials for Agenda Item 14.A.1 provided by: Assembly Member Ryan Sharratt Page 190 of 204 �- 1119 AgENDA EJVI A. Page 3 of 40 Kodiak Island Borough Invitation to Bid Date: June 11, 2025 Project: KIB Facilities Contract Contract Number: FY2026-06 This project includes, but is not necessarily limited to: This work includes road maintenance, repairs, snow/ice removal, sanding, small projects, and annual facilities sweeping at the Kodiak Island Borough owned facilities. 1. Annual Facility Sweeping List of Borough Facilities (See Exhibit A) 2. Snow Removal & Ice Control Maps of Borough Facilities (See Exhibit B) Sealed, physical copy, bid proposals will be accepted until 2:00pm local time on July 17, 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 July 7, 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 12:00pm local time July 9, 2025. Questions, clarifications, or interpretations of the Bidding Documents shall be made through a written request to the Project Manager at EFprojectsna,kodiakak.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. Page 191 of 204 AGENDA ITEM #19.A. Page 4 of 40 t.. Kodiak Island Borough Instructions to Bidders Project: KIB Facilities Contract Contract Number: FY2026-06 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. Quality Control Program A. Quality Control Program docurnentation is to be provided with the bid. See SC 19 Modifications to Road Service Area Specifications, Section F. Quality Control 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. Finance Department Award Qualification Form 7. 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 July 9, 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 192 of 204 AGENDA ITEM #19.A. Page 5 of 40 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. Page 193 of 204 AGENDA ITEM #19.A. Page 6 of 40 7.0 BID FORM/SCHEDULE. 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 110." 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 I0.0(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 convected 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 EFproiects(a)kodiakak.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 maybe 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. Page 194 of 204 AGENDA ITEM #19.A. Page 7 of 40 v 11.0 BID PROTESTS 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), EQUIPMENT RATE TABLE 2 (two), and ANNUAL FACILITIES SWEEPING RATE TABLE. 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. Page 195 of 204 1. Administrative Decisions from the Alaska Office of Administrative Hearings (OAH) The OAH is often the first stop for a bidder protesting a state contract award. Their decisions are not technically "case law" from the court system but carry significant weight and illustrate how the state's procurement rules are interpreted. • Case Involving Quality Asphalt and Granite Construction: This administrative hearing decision, likely from the Alaska Department of Transportation and Public Facilities (DOT&PF), provides a detailed examination of unbalanced bids. In a case like this, a losing bidder (e.g., Granite Construction) would protest the award to the low bidder (e.g., Quality Asphalt), arguing that their bid was materially unbalanced and should have been rejected. The decision would outline the DOT&PF's definition of "mathematically unbalanced" and "materially unbalanced" and then analyze the specific bid to determine if it met the criteria for rejection. The procurement officer's analysis would be reviewed to see if it was reasonable and consistent with the procurement rules. The key takeaway from such a decision would be the application of the rule: a mathematically unbalanced bid is not sufficient for rejection unless it is also "materially unbalanced," meaning it raises a reasonable doubt that the bid will result in the lowest ultimate cost to the state or is so unbalanced that it is tantamount to a significant advance payment. 2. Alaska Supreme Court Cases on Bid Responsiveness While not always directly about unbalanced bids, cases on "responsiveness" are highly relevant. An unbalanced bid is a type of non -responsive bid. • McBirney & Associates v. State (1988): This case, while not specifically about unbalanced bidding, is often cited for its broad principle regarding the state's procurement code. The court emphasizes that the purpose of the code is to ensure the state receives the "best work or supplies at the most reasonable prices practicable." This foundational principle underpins the justification for rejecting a materially unbalanced bid, as such a bid may not, in the end, provide the "most reasonable price." • Silver Bow Construction v. Alaska Dept. of Administration (2014): This case involved a protest over a page count limit in a proposal. While not a unit -price contract, the court's reasoning is instructive. The court stated that a "variance is material if it gives one bidder a substantial advantage over other bidders and thereby restricts or stifles competition." This principle can be directly applied to unbalanced bids. For example, if a bidder's strategy of front-end loading gives them Page 196 of 204 AGENDA ITEM #19.A. a significant financial advantage (an interest -free loan), that could be seen as a "material" variance that unfairly restricts competition and should be rejected. Key Legal Takeaways for Alaska Procurement: Based on these and other similar legal and administrative decisions, here's how Alaska's Legal framework addresses unbalanced bids: • Mathematical vs. Material Unbalancing: The state's procurement code and the courts distinguish between a bid that is simply "mathematically unbalanced" and one that is "materially unbalanced." • The" Materially Unbalanced" Standard: A bid will generally only be rejected if it is found to be "materially unbalanced." This is a two-part test: 1. The bid is mathematically unbalanced. 2. The unbalancing "raises a reasonable doubt that award to the bidder submitting the unbalanced bid will result in the lowest ultimate cost to the state." OR the bid is "so unbalanced as to be tantamount to a significant advance payment." • The Procurement Officer's Discretion: The procurement officer has a certain amount of discretion to evaluate bids and determine if an unbalancing is "material." Courts and administrative judges will typically uphold the procurement officer's decision if it is based on a reasonable analysis and is not an abuse of that discretion. This is a crucial point; it means that the project owner doesn't need to prove with absolute certainty that they will pay more, only that there is "reasonable doubt" about the final cost. In summary, while it can be challenging to find a single, definitive Alaska Supreme Court case titled "State of Alaska vs. Unbalanced Bidder," the legal and administrative framework is clear. The state has the authority to reject a bid that is materially unbalanced because it undermines the fundamental principles of fair competition and sound fiscal management. The legal precedents are found in the interpretation of procurement regulations, administrative hearing decisions, and court cases that uphold the discretion of state procurement officers to ensure that the lowest initial bid is also the best final value for the public. Page 197 of 204 FYI a I. . .•7 - 0 In the context of public procurement, especially within the State of Alaska, "balanced bidding" is a crucial concept that ensures fairness, transparency, and the best value for taxpayers. While there isn't a single "balanced bidding practice" to follow, the term refers to the overall principle of submitting a bid that fairly distributes costs and profit across all line items of a project. What is Balanced vs. Unbalanced Bidding? In a procurement process, particularly for construction or other projects with multiple components, bidders submit a breakdown of their costs for each unit of work (e.g., cost per cubic yard of excavation, cost per foot of pipe). The total of these unit prices determines the total bid. • Balanced Bid: A balanced bid is one where the contractor has accurately allocated a proportionate share of the total project cost, overhead, and profit to each individual bid item. The prices for each item are reasonable and reflect the true cost of performing that work. • Unbalanced Bid: An unbalanced bid, on the other hand, is one where a contractor has intentionally structured their bid with nominal or very low prices for some items and inflated prices for others. There are two main types of unbalanced bids: 1. Mathematically Unbalanced: This is when the bid's structure has a wide variation in unit prices, but the total bid price is still the lowest. This is not always a reason for rejection on its own, as contractors are given some leeway to use their business judgment. 2. Materially Unbalanced: This is a more serious issue. A bid is considered materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the bid will result in the lowest cost to the state. This can be caused by two common practices: ■ Front-end loading: The contractor significantly overprices work that will be done early in the project (e.g., mobilization, site preparation). This allows them to receive a larger portion of the payment upfront, essentially getting an interest -free loan from the state. The rest of the items are priced artificially low to make the total bid competitive. ■ Gambling on quantity estimates: The contractor believes the state's estimated quantities for certain work items are inaccurate. They will then inflate the price of items they believe will be used more than estimated and lower the price of items they think will be used less. If Page 198 of 204 AGENDA ITEM #19.A. their guess is right, they will make more money than they would have with a balanced bid, and the state will end up paying more than the "Lowest" total bid. Why is Balanced Bidding Important in Alaska's Procurement Process? The overarching goal of Alaska's procurement code is to ensure the state "receives the best work or supplies at the most reasonable prices practicable." Balanced bidding is a key component of achieving this goal for several reasons: 1. Ensuring the State Gets the Best Final Price: An unbalanced bid, even if it has the lowest total price initially, can ultimately cost the state more. If the quantities of the overpriced items are higher than estimated, or if the project's scope changes, the state could end up overpaying significantly. Balanced bidding protects the state's financial interests and ensures that the awarded contract will truly be the lowest cost in the end. 2. Promoting Fair Competition: Unbalanced bidding can create an unfair advantage for bidders who are willing to take on more risk or who have better insight into the project's potential for quantity overruns. By requiring bids to be balanced, the process levels the playing field, so all contractors compete on an equal basis of fair pricing and execution. 3. Protecting the State from Financial Risk: Front-end loading, a common form of unbalancing, shifts the financial risk from the contractor to the state. If a contractor receives a large portion of the payment early on and then fails to complete the project, the state may have paid for work that was never finished and would need to find a new contractor to complete the job, potentially at a higher cost. Balanced bidding ensures that payments are directly tied to the value of the work completed. 4. Preventing Unnecessary Disputes and Claims: When bids are unbalanced, it can lead to disputes and claims later in the project. If a quantity for an overpriced item underruns, or a low-priced item overruns, the contractor may try to file a claim to recover their anticipated profit. A balanced bid, by distributing costs fairly, reduces the likelihood of these types of claims. The State of Alaska's Approach Alaska's procurement regulations and administrative policies are designed to identify and address unbalanced bids. While a mathematically unbalanced bid is not automatically rejected, a bid that is determined to be "materially unbalanced" can be. This determination is based on a careful review of the bid's structure and the potential for it to lead to a higher Page 199 of 204 AGENDA ITEM #19.A. final cost for the state. Procurement officers are trained to spot these irregularities and take appropriate action to protect the public's interest. In summary, balanced bidding is a fundamental principle of sound procurement. It's not just about finding the lowest number on a bid form; it's about ensuring a fair, transparent, and financially secure process that results in the lowest final cost for the State of Alaska. Page 200 of 204 T v m N O 0 N 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET /�j _a) Regular � Special Date: " + I VP�2�7 Convened: Recessed: Reconvened: Adjourned: BY: SECOND: BY: TG SECOND: SS BY: J 11 SECOND: BY: J-6 SECOND: CSC, BY:OC SECOND: d(VPI YES NO YES NO YES NO YES NO YES NO Mr. Ames ✓ Mr. Ames Mr. Ames ✓ Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. Johnson V Mr. Johnson , / Mr. Johnson Mr. LeDouxV. Mr. LeDoux Mr. LeDoux ✓ Mr. LeDoux ti/ Mr. LeDoux Mr. Sharratt V Mr. Sharratt Mr. Sharratt ✓ Mr. Sharratt V, e Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley ✓ Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?' AbL TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may n t vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt VMayor ArndtI L Mayor Arndt I Mayor Arndt Mayor Arndt 7— T v m N O N 0 N O A KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular v1/ Special Date: Aim Convened: Recessed: Reconvened: Adjourned: BY: J C', SECOND: BY: SECOND: BY: JCS SECOND: C,� 1 U BY: �iG SECOND: tb� -0q o BY: SECOND:S5 s -cam YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin ✓ Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson ✓ Mr. Johnson Mr. Johnson v Mr. Johnson Mr. LeDoux V Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt V Mr. Sharratt Mr. Sharratt ✓' Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley -----V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside ✓ Mr. Whitesid WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: Q TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt I I Mayor Arndt I Mayor Arndt Mayor Arndt KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET T v m N O W 0 N O A Regular V Special 9 p Convened: BY: SECOND: 55 Mr. Ames 1 Mr. Griffin Mr. Johnson Mr. LeDoux Mr. Sharratt Mr. Smiley Mr. Whiteside TOTAL: The mayor m Mayor Arndt Recessed: Reconvened: BY: I � BY: _1 BY: SECOND: 55 SECOND: • SECOND: 1�O r 0� fu 8� ✓ Mr. Ames Mr. Ames Mr. Griffin ✓ Mr. Griffin Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. Sharratt v Mr. Sharratt - Mr. Smiley ✓ Mr. Smiley Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOI TOTAL: TOTAL: i ay not vote except in the case whe only six members of the asse Mayor Arndt I I Mayor Arndt Date: I Jv' Adjourned: BY: SECOND: / Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside LD _ANYONE LIKE TO CHANGE THEIR VOTE? 01yy TOTAL:F—F TOTAL: I e present and there is a three/three tie vote of the assembly. Mayor Arndt I I Mayor Arndt AGENDA ITEM #19.A. KODIAK ISLAND BOROUGH Meeting Type: Assembly Regular Meeting Please PRINT your name legibly Date: August 7, 2025 Phone number �vC b?.?b 3 5 c .p rA 1W P4 e 3/3 7,30 96Q,2 �Jtj-o e.�:, Qd ,4 Page 204 of 204 AGENDA ITEM #19.A. Kodiak Island Borough Assembly Newsletter Vol. FY2026, No. 3 August 08, 2025 At Its Regular Meeting Of August 7, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 21, 2025, At 6:30 P.M. In The Borough Assembly Chambers. VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery Manufacturer Sampling Endorsement (MSE) Application For Friends By The Ocean Located At 38057 Chiniak Highway And DIRECTED The Clerk To Notify AMCO Of This Decision ADOPTED 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 AUTHORIZED The Borough Manager To Execute Contract No. FY2026-06 For Kodiak Island Borough Facilities Contract With MK Enterprise, LLC AUTHORIZED The Borough Manager To Execute Contract No. FY2026-07, Chiniak School Painting With Highmark Marine Fabrication, LLC AUTHORIZED The Borough Manager To Execute Contract No. FY2026-09, Authorization To Contract With Darktrace For Network Security Applicance And Security Services ADOPTED Resolution No. FY2026-04, Designating Community Development Department Director Chris French As The Temporary Administrative Official During The Absence Or Disability Of The Borough Manager And Designated Administrative Official ADOPTED Resolution No. FY2026-05, A Resolution Of The Assembly Of The Kodiak Island Borough Allocating Fiscal Year 2026 Kodiak Island Borough Nonprofit Funding ADVANCED Ordinance No. FY2026-04, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Assisted Living Residences To Public Hearing At The Next Regular Meeting Of The Assembly ADVANCED Ordinance No. FY2026-06, Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation Regarding Definitions To Public Hearing At The Next Regular Meeting Of The Assembly View our website: www.kodiakak.us InVisit our Facebook page: www.facebook.com/KodiakislandBorough Page 205 of 204