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FY2026-23 Kodiak Island Borough Facilities Contract for Snow Removal, Ice Control, & Sweeping with MK EnterprisesKIB Contracts Transmittal Form RETENTION SCHEDULE: CL -09 CONTRACTS Records related to obligations under contracts, leases, and other agreements between the Borough and outside parties, successful bids, and proposals. Active records are kept by the corresponding department. Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention (plus 25 years) for agreements that involve real property. Your Name* Patricia Valerio E-mail * pvalerio@kodiakak.us Does this record amend, extend, is a change order, or an addendum to an existing contract?* Yes No Contract Change Category* Addendum Contract Number* Type of contract* This is the number of the contract to be changed. If you don't know Contract the contract number, contact the clerk's office. FY2026-23 Approved By* Administrator Expiration or Review Date* If this contract needs to be renewed or reviewed prior to expiration, please choose the appropriate date: 2026-06-12 Provide details for any automatic renewals or extensions below Only option for on 6 -month extension (if needed) Does this contract involve real property?* Yes No Date of Change* 2025-11-13 Open Ended? If there's no expiration date or the contract is open-ended, set the date to 9000-01-01 and explain when it should be flagged for review: Purge Date 2030-06-12 Fiscal Year* The current fiscal year begins July 1 of the previous year and ends June 30 of the current year (i.e. FY2021 Start: 7/1/2020 - End: 6/30/2021) 2026 File Upload* Upload the Contract and Supporting Documents Contract FY2026-23 ADD1 Self -Dispatch Clarification.pdf 183.5KB Are all relevant attachments, exhibits, referenced * Are the successful bids and proposals incorporated in the documents attached? attachments? CONTRACT FY2026-23 ADD 1 Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9343 Fax (907) 486-9394 ADDENDUM OF CONTRACT This Addendum is entered into to clarify the understanding of "Self -Dispatch Callouts". The terms of the original contract FY2026-23 dated November 7, 2025, entered into by the Kodiak Island Borough, and MK Enterprises, LLC (hereinafter referred to as the Contractor),will remain in full effect. Self -Dispatch Callout means the Contractor will automatically conduct work if the below conditions are met. Snow Removal will include the following: • Snow Removal at 2" (two inches) or more, anticipated or accumulated overnight at all facilities Ice Control will include the following: • Sanding or Ice Control material spread, including entrances and exits to parking lots, when temperatures indicate that it is anticipated to be wet and freezing conditions. Pay special attention for all facilities to ensure that proper ice control is administered prior to high traffic times to ensure safe travels. • Ensure that after snow removal is conducted, if it is not anticipated that temperatures will warm up, spread ice control material to prevent compacted snow becoming solid ice. The Contractor and the Kodiak Island Borough hereby agree that these terms will be adhered to in conjunction with the original contract. IN WITNESS THEREOF, this Amendment will take effect on day of /JOl)et," ��nth), 2_0 ZS (Year). KO K ISLAND BOROUGH: CONTRACT cl.�t Ar mee Williams j!3 rough Manager� gna re�ntracfor) i 3 �,,= M. Javie4Bog k(Attest) (Na (Na tractor O SKI KODIAK ISLAND BOROUGH INVITATION TO BID KIB Facilities Contract Re-Bid Snow Removal, Ice Control & Sweeping FY2026-23 September 18, 2025 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 2 of 35 Contract No.FY2026-23 Kodiak Island Borough Contract Documents Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 Table of Contents Invitation to Bid ............................................................................................................................................ 3 Instructions to Bidders .................................................................................................................................. 4 Bidder Registration Form ........................................................................................................................... 10 Addendum Acknowledgement .................................................................................................................... 11 Non-Collusion Affidavit ............................................................................................................................. 12 Bid Schedule ............................................................................................................................................... 13 Bid Modification Form ............................................................................................................................... 16 Agreement ................................................................................................................................................... 17 Bid Bond ................................................................................................................................................... 19 Performance Bond ...................................................................................................................................... 20 Contractor Certificate of Substantial Completion ....................................................................................... 21 Contract Release ......................................................................................................................................... 22 Special Conditions ...................................................................................................................................... 24 SC 01 General Statement ................................................................................................................. 25 SC 02 Scope of Work ....................................................................................................................... 25 SC 03 Term of Contract ................................................................................................................... 25 SC 03.1 Contract Extension ................................................................................................................ 25 SC 03.2 Work Response Time ............................................................................................................ 26 SC 04 Termination ........................................................................................................................... 26 SC 05 Disputes ................................................................................................................................. 27 SC 06 Continuing Obligation of Contractor .................................................................................... 27 SC 07 Insurance Requirements ........................................................................................................ 27 SC 08 Documentation ...................................................................................................................... 27 SC 09 Suitable Materials .................................................................................................................. 28 SC 11 Hazardous Waste Generation ................................................................................................ 28 SC 12 Site Preservation, Restoration, Cleanup and Environmental Reporting................................ 28 SC 13 Permits................................................................................................................................... 28 SC 14 Order of Award of Alternative Bids ...................................................................................... 28 SC 15 Payment ................................................................................................................................. 28 SC 16 References to Kodiak Island Borough General Conditions .................................................. 29 SC 17 Finance Department Pre-Award Qualification Form ............................................................ 29 SC 18 Road Service Area Specifications ......................................................................................... 29 SC 19 Modifications to Road Service Area Specifications .............................................................. 29 A.Snow Removal .......................................................................................................................... 29 B.Ice Control ................................................................................................................................ 30 C.Quality Control ........................................................................................................................ 30 SC 20 Historical Contract Data ........................................................................................................ 31 Minimum Prevailing Wage Rates ............................................................................................................... 32 EXHIBIT A ................................................................................................................................................. 34 EXHIBIT B ................................................................................................................................................. 35 KODIAK ISLAND BOROUGH ADDENDUM NO. 2 KIB Facilities Contract Re-Bid PAGE 1 ADDENDUM 2 KODIAK ISLAND BOROUGH KIB Facilities Contract Re-Bid Kodiak, AK October 10, 2025 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 4 pages and 4-page attachment. PLEASE NOTE: Bidders should read this Addendum carefully. Multiple questions covering the same topic were received and have been consolidated by staff to avoid repetition in the questions and answers. SPECIFICATIONS: Adding “Parking Area Consideration” to ITB, Special Conditions, Section 19, Modifications to Road Service Area Specifications, C. Quality Control as written below: Parking Area Consideration: If obstructions or vehicles are present at the time of the initial weather event, the contractor will be responsible for completing snow removal once the obstruction or vehicle has been removed. Should the contractor require assistance with clearing obstructions, they must contact the Engineering and Facilities Director or their designee. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: The bid form asks for a lump sum per occurrence to cover snow and ice. How do we account for mornings that only sanding is needed or only snow is needed? RESPONSE 1: Attached please find the new bid schedule forms which consists of four (4) pages. Three tables and one authorization page. The three tables are; Base Bid Table #1 Snow Removal Lump Sum Per Occurrence, Base Bid Table #2 Ice Control/Sanding Lump Sum Per Occurrence, and Alternative Bid #1 Sanding. Bidders interested in providing a bid submission for this ITB will need to submit the new Bid Schedule Forms in place of the original pages. Reminder: The Total Base Bid Amount will be the totals of Base Bid Table #1 and Base Bid Table #2 added together. KODIAK ISLAND BOROUGH ADDENDUM NO. 2 KIB Facilities Contract Re-Bid PAGE 2 QUESTION 2: Is a bid and performance bond actually required? RESPONSE 2: Yes, a Bid Bond and a Performance Bond will be required. Bid Bond: 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 [In this case it will be 5% of the Historical Average Annual Cost Total]. Bid bonds shall be in a form satisfactory to the Borough. Performance Bond: Based on the historical data for this contract the costs will exceed the waivable dollar amount outlined in KIBC 3.65.010 and 3.65.020, which states the below: KIBC 3.65.010 Bond of Contractors for Public Buildings or Works A. Except as otherwise provided in KIBC 3.65.020, before a construction contract exceeding $2,000 for the construction, alteration, or repair of public buildings or public work of the Borough is awarded to a general or specialty contractor, the contractor shall furnish to the Borough the following bonds which will become binding upon the award to the contractor: 1. A payment bond with a corporate surety qualified to do business in the state, or at least two individuals who shall each qualify in a sum equal to the amount of the bond, for the prosecution of the work provided for in the contract. The payment bond shall be in amounts as follows: a. When the total amount payable by the terms of the contract is not more than $1,000,000, the payment bond shall be in a sum of one-half the total amount payable by the terms of the contract; b. When the total amount payable by the terms of the contract is more than $1,000,000, but not more than $6,250,000, the payment bond shall be in a sum of 40 percent of the total amount payable by the terms of the contract; or c. When the total amount payable by the terms of the contract is more than $6,250,000, the payment bond shall be in a sum of $2,500,000. 2. A performance bond in an amount equal to the required payment bond with a corporate surety qualified to do business in the state or at least two individual sureties who shall each qualify for a sum equal to the amount of the bond. KIBC 3.65.020 Qualification In Lieu of Bonding A. The bonds required by KIBC 3.65.010 shall be waived for any project having a total value of less than $50,000 if the contractor qualifies as provided in this section prior to the time for award of the contract and deposits with the borough by cash, postal money order, certified check, or cashier’s check a sum equal to five percent of the contract amount in lieu of a performance bond and sum equal to five percent of the contract amount in lieu of a payment bond. B. If the following four criteria apply, a contractor is qualified for a waiver of bond requirements: [Read more at www.kodiakak.us ] KODIAK ISLAND BOROUGH ADDENDUM NO. 2 KIB Facilities Contract Re-Bid PAGE 3 QUESTION 3: If bonding is required, what amount are we bid bonding? RESPONSE 3: Two bonds are required. Bid Bond and Performance Bond. Both bonds will be made based on the previous historical average annual cost total, which is in the table below: Item Description Average Annual Cost KIB Administration Building Parking $8,635.05 All Schools Including: •Kodiak High School & Auditorium Parking •Kodiak Middle School Parking •Community Pool Parking •Main Elementary Parking •East Elementary Parking •Peterson Elementary Parking •North Star Building Parking & Side Road $63,157.90 Bayside Fire Parking $1,792.50 Women’s Bay Fire Parking *Not able to calculate Kodiak Fisheries Research Center Complex Parking $10,932.00 KIB Mental Health Complex Parking *Not able to calculate Landfill Complex Parking $4,960.57 Leachate Treatment Plant (LTP) Complex Parking $2,556.07 Bike Path from East Elem. To Abercrombie $1,691.00 Historical Average Annual Cost Total: $93,725.09 QUESTION 4: Will equipment hours or hourly rates be included or allowed? RESPONSE 4: No, per the Manager’s instruction this ITB will be bid as a firm fixed price, per occurrence. QUESTION 5: Will there be a space to provide a cost for hauling snow off-site? RESPONSE 5: No. If conditions permit, this will be negotiated as a change order at that time, with the successful bidder. QUESTION 6: What happens when the school district pushes their sidewalk snow into the driveway/parking area after the contractor has already cleared the area? RESPONSE 6: If this occurs, and the KIBSD is responsible, the Borough will contact the KIBSD to remedy the issue, it will not be contractor’s responsibility. KODIAK ISLAND BOROUGH ADDENDUM NO. 2 KIB Facilities Contract Re-Bid PAGE 4 QUESTION 6: What happens if rework is required? RESPONSE 6: The Borough views re-work and corrective work as the same. Please reference ITB, Special Conditions, Section 19, Modifications to Road Service Area Specifications, C. Quality Control, Corrective Work: “Corrective Work: If, during the course of work at the locations identified in the contract, the Engineering and Facilities Director or their designee determines that the work is incomplete, incorrect, or does not meet the standards of the approved quality control program, the Contractor shall return to correct the deficiencies at no additional cost to the Borough.” QUESTION 7: What happens when it snows in the morning, contractor clears it, then it snows in the afternoon? RESPONSE 7: They would be considered two different snow events. If it snows in the morning, that would be one call-out for service to be billed at the lump sum rate. And if it snows again in the afternoon, that would be another call-out for service to be billed at the lump sum rate. QUESTION 8: Is North Star Facility going to be maintained regularly? RESPONSE 8: Yes, it is listed on the bid schedules as Number 8. It will be considered a regular Borough Facility, even though it is not operating as a school building at this time. QUESTION 9: The snow pile location at Peterson has been changed from the north end, if you move it to were indicated on the map the snow will drain into the parking lot requiring more sand when it ices up. RESPONSE 9: Any snow storage location changes will be discussed with the successful bidder. QUESTION 10: Is there anywhere in the contract documents that say this is going to be a Davis Bacon contract? Is snow removal considered Davis Bacon? RESPONSE 10: Davis Bacon is considered prevailing wages. On page three (3) of the invitation to bid package please see the reference to prevailing wages: “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 Borough encourages disadvantaged, minority, and women owned firms to respond to this invitation to bid (ITB).” END OF ADDENDUM 2 KODIAK ISLAND BOROUGH ADDENDUM NO. 1 KIB Facilities Contract Re-Bid PAGE 1 ADDENDUM 1 KODIAK ISLAND BOROUGH KIB Facilities Contract Re-Bid Kodiak, AK October 6, 2025 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. QUESTIONS DUE DATE EXTENDED: Questions will now be due at 1:00pm local time October 10th, 2025. Please note all other due dates will remain the same. SPECIFICATIONS: Invitation to Bid, Page 3; the exhibits listed here are mislabeled and should read as follows: 1. Snow Removal & Ice Control Maps of Borough Facilities (Exhibit A) 2. Facility Sweeping List of Borough Facilities (Exhibit B). END OF ADDENDUM NO. 1 KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 3 of 35 Contract No.FY2026-23 Kodiak Island Borough Invitation to Bid Date: September 18, 2025 Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 This project includes, but is not necessarily limited to: This work includes snow and ice removal, sanding (ice control), and facilities sweeping at the Kodiak Island Borough owned facilities. 1.Facility Sweeping List of Borough Facilities (See Exhibit A) 2.Snow Removal & Ice Control Maps of Borough Facilities (See Exhibit B) The average costs and historical weather data for this contract can be found in SC 20 Historical Contract Data. The Kodiak Island Borough can not guarantee that the historical average costs will reflect future years. Sealed, physical copy, bid packages will be accepted until 2:00pm local time on October 20th, 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 10:00am local time on October 6th, 2025, at the Kodiak Island Borough Conference Room 121, 710 Mill Bay Road, Kodiak, AK, 99615. 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 will be 1:00pm local time on October 8, 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 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 Borough. The 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 Borough encourages disadvantaged, minority, and women owned firms to respond to this invitation to bid (ITB). KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 4 of 35 Contract No.FY2026-23 Kodiak Island Borough Instructions to Bidders Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 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. C. Non-Collusion Affidavit 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. Bid Bond and Performance Bond A. An executed Bid Bond in the amount indicated on the ITB. B. Verify that the Certificate showing the Corporate Principal on the form is executed if applicable. 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 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 Borough, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term “Borough” means the Kodiak Island Borough, who is the entity who administers the invitation to bid, manages the contract, and/or owns the facility or property. The term “ITB” means invitation to bid. 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 by 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 Borough website. Registered Bidders will receive notification that an addendum is available. Bidders are responsible for downloading the addendum from the Borough website. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 5 of 35 Contract No.FY2026-23 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 Borough 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 Borough 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. Nothing contained in this section deprives the Borough 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. Borough 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 Borough after the Deadline for Bids. b. If the Bid is on a form other than that furnished by the Borough, 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 Borough’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 Borough. 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 required) 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 Borough. 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 Borough 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 up on KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 6 of 35 Contract No.FY2026-23 performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 7.0 BID FORM/SCHEDULE. a. Bids and bidding information shall be submitted on the Bid Form/Schedule and other documents provided and as stipulated in the ITB. b. All blanks on the Bid Form/Schedule shall be filled out. c. All requested Alternates shall be bid. If no change in the Base Bid is required, enter “0.” d. The Bidder shall make no stipulations on the bid form nor qualify the Bid in any other manner. e. All documents requiring a signature shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have the current power of attorney attached certifying the agent’s authority to bind the Bidder. 8.0 SUBMISSION OF BIDS. All information required for bidding shall be submitted in accordance with the ITB. 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 EFprojects@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. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 7 of 35 Contract No.FY2026-23 11.0 RIGHT OF REJECTION Bidders must comply with all the terms of the ITB, the Borough Code, applicable provisions of the State Procurement Code (AS 36.30), and all applicable local, state, and federal laws, codes, and regulations. The Borough may reject any bid that does not comply with all the material and substantial terms, conditions, and performance requirements of the ITB. Bidders may not qualify the bid nor restrict the rights of the Borough. If a bidder does so, the procurement officer may determine the bid to be a non-responsive counteroffer and the bid may be rejected. Minor informalities that may be waived by the Engineering & Facilities Director are as follows: a. Do not affect responsiveness, b. Are merely a matter of form or format, c. Do not change the relative standing or otherwise prejudice other bidders, d. Do not change the meaning or scope of the ITB, e. Are trivial, negligible, or immaterial in nature, f. Do not reflect a material change in the work, or g. Do not constitute a substantial reservation against a requirement or provision. The Borough reserves the right to refrain from making an award if it is determined to be in the Borough's best interest. 12.0 BID PROTESTS In the event protest(s) are received, the Borough Manager shall address the protest as provided in the procurement ITB and the Borough Code, as applicable. The protest period shall follow the requirements outlined in this section. In accordance with the Borough’s General Conditions 3.1.5 the Protest period will begin on the date of the Notice of Intent to Award. A formal written protest shall be filed by an aggrieved bidder within ten (10) calendar days of the date on 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; • A detailed statement of the legal and factual grounds of the protest; • Copies of all relevant documents. Protests will be evaluated by the Borough Manager within fifteen (15) calendar days of receipt of the protest. The decision of the Borough Manager shall be final. 13.0 KODIAK ISLAND BOROUGH NOT RESPONSIBLE FOR PREPARATION COSTS The Borough will not pay any costs associated with preparation, submittal, presentation, or evaluation of any bid. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 8 of 35 Contract No.FY2026-23 14.0 AWARD OF CONTRACT. Award of a contract, if it is awarded, will be based on a firm-fixed price (lump sum) per occurrence as specified in the total lump sum amounts listed in the Bid Table 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. If the Borough has elected to advertise this Project with a Base Bid and Alternates, the Borough may elect to award the contract for the Base Bid, or the Base Bid in combination with the Alternate. In either case, award shall be made to the responsive, responsible bidder offering the lowest total lump sum amounts listed in the Base Bid Table for the work to be awarded. In the event of a tie, the Borough may elect to award the contract to the bidder with the lowest total lump sum amounts listed in the Alternate Bid Table as the determining factor. The Borough 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 Borough. 15.0 DISCLOSURE OF BID CONTENTS This section governs the ownership, return, and disclosure of any offer or other record a bidder submits in response to this ITB. (Herein, any reference to “Record” includes all such records and the offer; any reference to “Law” includes any federal or State of Alaska (State) law, including any court or administrative order or rule.) a. All Records belong to the Borough. b. The Borough has sole discretion regarding whether to return any Record. In exercising this discretion, the Borough will comply with all Laws. c. Unless a notice of intent to award is issued, the Borough will, to the extent permitted by Law, consider all Records confidential and not subject to the Alaska Public Records Act (APRA). d. If, and when a notice of intent to award is issued, the Borough will consider nonconfidential any Record unless, at the time of submission, the bidder undertook the following protective measures: i. Marked information confidential; ii. For any information marked confidential, identified the authority that makes that specific information confidential; and iii. Committed, in writing, to explain in detail, including with affidavits and briefs, why each authority applies in any court or administrative proceeding in which any nondisclosure is challenged. e. If the bidder did not undertake each protective measure, the Borough will not consider any information in a Record confidential: the Borough will disclose the entire Record without any redaction in response to an APRA or other request or, if it chooses, in the absence of a request and the Borough will disclose the entire Record without notifying the bidder. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 9 of 35 Contract No.FY2026-23 f. If the bidder undertook each protective measure, the Borough will withhold the information marked confidential to the following extent: i. The Borough agrees that the Law protects the information; and ii. If the nondisclosure is challenged, the bidder fulfills its commitment to explain, including with affidavits and briefs, how each authority applies to the information marked confidential. g. The Borough will only notify a bidder of a request for the Record and of a planned release if the bidder undertook each protective measure, but the Borough disagrees that the marked information is protected. If there is such a disagreement, then before releasing the Record, the Borough will, to the extent permitted by Law and practicable, notify the bidder that it will disclose the information unless the bidder convinces the Borough not to or obtains an order prohibiting disclosure. 16.0 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. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 13 of 35 Contract No.FY2026-23 Kodiak Island Borough Bid Schedule Page 1 of 3 Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 Base Bid Snow/Ice Control Item No. Item Description Unit Unit Price 1 KIB Administration Building Parking Lump Sum Per Occurrence (LS) 2 Kodiak High School & Auditorium Parking LS 3 Kodiak Middle School Parking LS 4 Community Pool Parking LS 5 Main Elementary Parking LS 6 East Elementary Parking LS 7 Peterson Elementary Parking LS 8 North Star Building Parking & Side Road LS 9 Bayside Fire Parking LS 10 Women’s Bay Fire Parking LS 11 Kodiak Fisheries Research Center Complex Parking LS 12 KIB Mental Health Complex Parking LS 13 Landfill Complex Parking LS 14 Leachate Treatment Plant (LTP) Complex Parking LS 15 Bike Path (from East Elem. To Abercrombie) LS Total Lump Sum Per Occurrence for All Locations: (for Base Bid List Only) Replaced by Addendum 2 KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 14 of 35 Contract No.FY2026-23 Bid Schedule Page 2 of 3 Alternate #1 Sweeping Item No. Item Description Unit Unit Price 1 KIB Administration Building Parking Lump Sum Per Occurrence (LS) 2 Kodiak High School & Auditorium Parking LS 3 Kodiak Middle School Parking LS 4 Community Pool Parking LS 5 Main Elementary Parking LS 6 East Elementary Parking LS 7 Peterson Elementary Parking LS 8 North Star Building Parking & Side Road LS 9 Bayside Fire Parking LS 10 Women’s Bay Fire Parking LS 11 Kodiak Fisheries Research Center Complex Parking LS 12 KIB Mental Health Complex Parking LS 13 Bike Path (from East Elem. To Abercrombie) LS Total Lump Sum Per Occurrence for All Locations: (for Alternate Bid List Only) Replaced by Addendum 2 KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 15 of 35 Contract No.FY2026-23 Kodiak Island Borough Bid Schedule Page 3 of 3 Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 Total Base Bid Amount [Total Lump Sum Per Occurrence for All Locations in the Base Bid Table]. The award shall be made to the responsive, responsible bidder offering the lowest total lump sum amounts listed in the Base Bid Table for the work to be awarded. In the event of a tie, the Borough may elect to award the contract to the bidder with the lowest total lump sum amounts listed in the Alternate Bid Table as the determining factor: Dollars Cents ($ ) I, , hereinafter called Bidder, an individual doing business as , (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 /or unit price amounts as set forth in this bid schedule. Respectfully submitted this day of , 202___ BIDDER: Company Name Authorizing Name Address Title Kodiak Island Borough, State, Zip Code Signature Telephone Number Email Address CORPORATE SEAL Federal I.D. or S.S.N. ATTEST: Signature of Corporate Sec. Print Name Replaced by Addendum 2 KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 16 of 35 Contract No.FY2026-23 Kodiak Island Borough Bid Modification Form Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to the Contact Person listed on the ITB. All modifications shall be made to the original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid. If more than one Modification form is submitted by any one bidder, changes from all Modification forms submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be calculated by the Borough. Bidder may use multiple modification pages if required. Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. Bid Item (Base Bid, Alternate, etc) Addition / Deduction (circle one) Amount in Figures Amount in Words Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ Addition / Deduction $ ___________________________________________________ Name of Bidding Firm __________________________________________________ Responsible Party Signature Date ___________________________________________________ Printed Name (must be authorized signatory for Bidding Firm) KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 17 of 35 Contract No.FY2026-23 Kodiak Island Borough Agreement Page 1 of 2 Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 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 1816 Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, 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. 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 materia l 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 the lump sum costs outlined in the bid schedule. The Parties acknowledge that funds for the payment of this contract are subject to the availability of funds lawfully appropriated for that purpose. 4.The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough. [The Borough's signature below shall constitute notice to proceed.] It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial completion of an individual phase and the actual date of completion of that phase in accordance with the terms hereof; such deduction to be made, or KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 24 of 35 Contract No.FY2026-23 Kodiak Island Borough Special Conditions Project: KIB Facilities Contract Re-Bid Contract Number: FY2026-23 Table of Contents Section Title Page SC 01 General Statement ........................................................................................................... 25 SC 02 Scope of Work ................................................................................................................ 25 SC 03 Term of Contract ............................................................................................................. 25 SC 03.1 Contract Extension ........................................................................................................... 25 SC 03.2 Work Response Time ....................................................................................................... 26 SC 04 Termination .................................................................................................................... 26 SC 05 Disputes .......................................................................................................................... 27 SC 06 Continuing Obligation of Contractor ................................................................................. 27 SC 07 Insurance Requirements ................................................................................................... 27 SC 08 Documentation ................................................................................................................ 27 SC 09 Suitable Materials ............................................................................................................ 28 SC 11 Hazardous Waste Generation ............................................................................................ 28 SC 12 Site Preservation, Restoration, Cleanup and Environmental Reporting ................................ 28 SC 13 Permits ........................................................................................................................... 28 SC 14 Order of Award of Alternative Bids .................................................................................. 28 SC 15 Payment .......................................................................................................................... 28 SC 16 References to Kodiak Island Borough General Conditions .................................................. 29 SC 17 Finance Department Pre-Award Qualification Form ........................................................... 29 SC 18 Road Service Area Specifications ..................................................................................... 29 SC 19 Modifications to Road Service Area Specifications ............................................................ 29 SC 20 Historical Contract Data ................................................................................................... 31 KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 25 of 35 Contract No.FY2026-23 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 Borough’s “General Conditions.” SC 02 Scope of Work The Scope of Work of the Base Bid of this Contract shall include providing all labor, materials, tools, equipment, transportation, supervision and facilities necessary to: Base Bid Provide all labor, materials, tools, equipment, transportation, supervision, and facilities necessary to conduct ice control and snow removal around the Borough owned facilities as described in the scope of work. •Snow Removal & Ice Control Maps of Borough Facilities (See Exhibit A). Items include those listed in the Base Bid table at a firm fixed price (lump sum) per occurrence for the duration of the contract. This will be a lump sum fee paid out as services are rendered by location. Alternate Bid(s) Provide all labor, materials, tools, equipment, transportation, supervision, and facilities necessary to conduct sweeping around the Borough owned facilities as described in the scope of work. •Facility Sweeping List of Borough Facilities (See Exhibit B). Items include those listed in the Alternate Bid table at a firm fixed price (lump sum) per occurrence for the duration of the contract. This will be a lump sum fee paid out as services are rendered by location. SC 03 Term of Contract The Term of the contact is from November 6, 2025, until June 12, 2026. SC 03.1 Contract Extension If additional extensions are needed outside the renewals outlined in the section above, the Borough and the successful bidder agree: 1.That the Borough may extend the term of the contract on a month-to-month basis at the same rates specified in the contract at the end of the initial performance period, or the end of any exercised renewal; 2.Any such extension shall not exceed 6 months; 3.All other terms and conditions shall remain in full force and effect; and 4.To provide written notice to the other party of the intent to cancel such month-to-month extension at least 30 days before the desired date of cancellation. If the Borough provides a notice of extension, the Contractor shall accept or reject the extension within thirty (30) days of the date the notice is sent by the Borough. The parties may mutually agree to continue services after expiration of the final term on a month-to-month basis on the same rates until a new contract can be awarded or 6 months, whichever comes first. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 26 of 35 Contract No.FY2026-23 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 Borough to contact the Contractor a nytime during the contract period. A. Approval to Start Work: Snow removal and sanding will be at the discretion of the Engineering and Facilities Director or their designee. If the Engineering and Facilities Director does not plan to provide a call-out for every weather event the Contractor and Engineering and Facilities Director or designee will come to a written agreement for how the Contractor will respond to weather events. a. Example: Contractor will self-dispatch to all locations for snow removal work in the order of priority if it is forecasted that 2” (two inches) or of snow will fall overnight. This will ensure that snow does not become compacted on the parking lots or walking areas. b. Example: Contractor will self-dispatch to all locations for sanding work in order of priority if it is forecasted to rain and then freeze overnight. This will ensure safety for anyone who arrives at facilities early. B. Non-exclusive Work: If the Contractor does not respond to a call out in a timely manner, the Borough, or Borough Manager or designee may utilize another Contractor to respond. 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. C. Inspection and Supervision: All work will be 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. 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. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 27 of 35 Contract No.FY2026-23 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 Borough may terminate the Agreement on ten (10) days written notice. SC 08 Documentation ITB Required Documentation: 1. Bidder Registration Form 2. Bid Form/Schedule 3. Addendum Acknowledgement 4. Non-Collusion Affidavit 5. Quality Control Program 6. Bid and Performance Bond 7. Alaska Business License 8. Alaska Contractor License/Certificate KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 28 of 35 Contract No.FY2026-23 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.Contractor’s Daily Logs for the work invoiced, 3.Field notes on work completed or in-progress. 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. SC 11 Hazardous Waste Generation Every effort to minimize or eliminate the generations of hazardous waste shall be used by the Contractor in the performance of the work of this Contract. Unless there is no substitute, no hazardous material shall be used in the performance of the work of this Contract. SC 12 Site Preservation, Restoration, Cleanup and Environmental Reporting The Contractor shall be solely responsible for damage to public or private property caused by their operations. The Contractor shall take all precautions necessary to control dust. The Contractor shall notify the Borough of any claims of damage and shall clean and restore any property so damaged at the sole expense of the Contractor. All spills or releases of any hazardous substance shall be reported to the appropriate governmental agency as well as notice to the Borough. Contractor shall be responsible for all associated cleanup costs and fines. At all times during the work, keep the premises clean and orderly. Upon completion of the work, repair all damage caused by equipment and leave the locations free of rubbish and excess materials of any kind. SC 13 Permits The Contractor shall obtain all licenses and permits that are required to do the work. SC 14 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 Borough. SC 15 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 outstanding balances owed, and the disbursement will be reduced by setting off the amount of any delinquent indebtedness due the Borough from such person, firm or corporation. All contracts to which the Borough is a party which will or may involve the disbursement of Borough funds shall contain the following clause, or its substantial equivalent: “Disbursement of money by the Borough hereunder shall subject to set-off pursuant to the provisions of the 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. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 29 of 35 Contract No.FY2026-23 SC 16 References to Kodiak Island Borough General Conditions The 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 Borough’s website at Projects Office | Kodiak Island, AK - Official Website. All work under this Contract shall comply with the latest edition and addenda to all applicable codes, ordinances, and standards. It shall be the responsibility of the Bidder to prepare his bid so all materials and/or different arrangements of connections or fittings shall harmoniously conform with the intent of the Contract Drawings, General Conditions, and the Special conditions. SC 17 Finance Department Pre-Award Qualification Form The Borough Finance Department may request a pre-award qualification form at any time during the bid process. This form is used to verify that the Contractor is in compliance with the Borough Code outlined below. The Finance Department’s review can occur at any stage of the bidding process. If, at the time of award, the Contractor is found to be in violation of the code, the bid will be awarded to the next responsive and responsible bidder. 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. 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 Borough’s website at Road Maintenance | 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. 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 Borough Engineering and Facilities Director or their designee prior to the contractor implementing the deviation. 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. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 30 of 35 Contract No.FY2026-23 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. B. Ice Control The Contractor shall spread/apply appropriate material as necessary to ensure that traction is maintained on all roadways, driveways, and parking areas identified in the priority areas. 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. 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 Borough 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 Facilitie s 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 Borough 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. 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. The annual condition assessment form must be completed with the Engineering and Facilities Director or their designee and the Contractor prior to the first snow fall. Damages: The contractor or designee must contact the Borough, Engineering and Facilities Director or designee by phone or text as to any damage caused by contractor. At any time, if damage to culverts, curbs, or other Borough infrastructure occurs, these items will be repaired or replaced by the contractor at “no cost” to the Borough. Corrective Work: If, during the course of work at the locations identified in the contract, the Engineering and Facilities Director or their designee determines that the work is incomplete, incorrect, or does not meet the standards of the approved quality control program, the Contractor shall return to correct the deficiencies at no additional cost to the Borough. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 31 of 35 Contract No.FY2026-23 SC 20 Historical Contract Data Historical average annual costs for each facility location for the past seven fiscal years (2019-2025). Item Description Average Annual Cost KIB Administration Building Parking $8,635.05 All Schools Including: • Kodiak High School & Auditorium Parking • Kodiak Middle School Parking • Community Pool Parking • Main Elementary Parking • East Elementary Parking • Peterson Elementary Parking • North Star Building Parking & Side Road $63,157.90 Bayside Fire Parking $1,792.50 Women’s Bay Fire Parking *Not able to calculate Kodiak Fisheries Research Center Complex Parking $10,932.00 KIB Mental Health Complex Parking *Not able to calculate Landfill Complex Parking $4,960.57 Leachate Treatment Plant (LTP) Complex Parking $2,556.07 Bike Path from East Elem. To Abercrombie $1,691.00 Historical weather information for Kodiak, AK can be found via the National Centers for Environmental Information (NOAA) with the following link: https://www.ncei.noaa.gov/cdo-web/ Contractors are strongly encouraged to research historical weather data and use good judgement when forecasting their lump sum costs per location for the defined scope of work. The Kodiak Island Borough can not guarantee that the historical average costs will reflect future years. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 32 of 35 Contract No.FY2026-23 Kodiak Island Borough Minimum Prevailing Wage Rates Project: *Project Title* Project Number: *Project No.*/ Contract Number: *Contract Number* Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows See attached Links: http://labor.state.ak.us/lss/pamp600.htm http://labor.alaska.gov/lss/forms/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)Borough 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 Borough 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 Borough for excess costs for completing the work. KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 33 of 35 Contract No.FY2026-23 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: KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 34 of 35 Contract No.FY2026-23 Kodiak Island Borough EXHIBIT A KIB Facility Snow and Ice Control Maps [Following 15 pages] KIB Facilities Contract Re-Bid: Snow Removal, Ice Control, & Sweeping Page 35 of 35 Contract No.FY2026-23 Kodiak Island Borough EXHIBIT B Facility Sweeping List Locations Est. Sq. Footage KIB Administration Complex Parking 37,227 All Schools: 500,765 (total) •Kodiak High School & Auditorium Parking •Kodiak Middle School Parking •Public Pool Parking •Main Elementary Parking •North Star Parking & Side Road •Peterson Elementary Parking •153,711 •96,425 •42,568 •22,286 •86,321 •99,454 Bayside Fire Department Parking 66,214 Women’s Bay Fire Department Parking 22,220 Kodiak Fisheries Research Center (KFRC) Parking 59,112 KIB Mental Health Buildings 14,604 Bike Path from East Elem. To Abercrombie 1.94 Miles View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Kodiak Island Borough Assembly Newsletter Vol. FY2026, No. 10 November 07, 2025 At Its Regular Meeting Of November 6, 2025, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, November 20, 2025, At 6:30 p.m. In The Borough Assembly Chambers. AMENDED The Agenda To Remove The Following Items Off The Agenda: • Authorization For The Borough Manager To Reimburse Providence Kodiak Island Medical Center To Procure A New Chiller Unit In The Amount Of $1,150,000 • Authorization For The Borough Manager To Reimburse Providence Kodiak Island Medical Center For Chiller Replacement Project Permitting, Construction Administration, And Closeout In The Amount Of $71,436 • Authorization For The Borough Manager To Reimburse Providence Kodiak Island Medical Center For Design Phase To 100% For The Reverse Osmosis And Steam Generator Project To Include Permitting, Construction Administration, And Closeout In The Amount Of $111,454 PROCLAIMED November 4 To 11, 2025 As Operation Green Light A Time To Salute And Honor The Service And Sacrifices Of Those Transitioning From Active Service And Encourage The Community Members To Recognize The Importance Of Honoring All Those Who Made Immeasurable Sacrifices To Preserve Our Freedom By Displaying Green Lights In A Window Of Their Place Of Business Or Residence ADOPTED Ordinance No. FY2026-11, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Child Care Facilities ELECTED Assembly Member Whiteside As The 2025-2026 Borough Assembly Deputy Presiding Officer AUTHORIZED The Borough Manager To Execute Contract No. FY2026-23 For Kodiak Island Borough Facilities Contract Re-Bid With MK Enterprises, LLC AUTHORIZED The Borough Manager To Execute Contract No. FY2026-34 With Matson Navigation Company, For Recycled Metals Shipping ADOPTED Resolution No. FY2023-20C, Amending Resolution To Add The Borough Project Manager As A Board Member To The Health Facilities Advisory Board (HFAB) ADVANCED Ordinance No. FY2026-12, Amending Title 2 Administration And Personnel, Chapter 2.125 Architectural/Engineering Review Board, Section 2.125.030 Qualifications To Public Hearing At The Next Regular Meeting Of The Assembly VOICED NON-PROTEST To The State Of Alaska Alcohol And Marijuana Control Office (AMCO) Retail Marijuana Store License Renewal Application For High Rise, LLC, And Direct The Clerk To Notify AMCO Of This Decision View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough AMENDED, CONFIRMED The Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees As Follows: Architectural Review Board Assembly Member Ames Borough Lands Committee Assembly Member Johnson Assembly Member Whiteside Joint Building Code Review Committee Assembly Member Gardner Kodiak College Council Assembly Member Roberts Kodiak Fisheries Work Group Assembly Member Smiley Assembly Member Woods Assembly Member Whiteside (Alternate) Kodiak Fisheries Advisory Committee Assembly Member Johnson Parks and Recreation Committee Assembly Member Woods Providence Health System Service Area Assembly Member Gardner School District Budget Advisory Committee Assembly Member Woods School District Facilities Review Committee Assembly Member Ames School District Strategic Planning Committee Assembly Member Roberts Solid Waste Advisory Board Assembly Member Gardner Health Facilities Advisory Board Assembly Member Smiley Assembly Member Johnson Assembly Member Roberts Solid Waste Contract Committee Assembly Member Whiteside Assembly Member Ames Assembly Member Smiley ACCEPTED With Regret, The Resignation Of Mr. Craig Dagen, DECLARED The Seat Vacant On The Fire Protection Area No.1 Board Effective October 4, 2025, And DIRECTED The Borough Clerk To Advertise The Vacancy Per Borough Code AUTHORIZED The Borough Manager To Reimburse Providence Kodiak Island Medical Center For The Permitting, Construction, Installation, And Closeout Of Distribution Panel 6 (DP6) Replacement/Expansion In The Amount Of $121,000 CONVENED INTO EXECUTIVE SESSION To Discuss The Evaluation And Scores Of The Legal Counsel Applicants, A Matter Which Might Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Applicants. INVITED The Borough Mayor, Assembly, Borough Manager, And The Clerk Into Executive Session; And ANNOUNCED That Direction Was Given To The Manager To Enter Into A Contract Negotiation With Landye Bennett Blumstein LLP