FY2023-17 Auto Repairs And Tire ServicesKODIAK ISLAND BOROUGH
AGREEMENT
FOR
AUTO REPAIR AND TIRE SERVICES
Contract No. 2023-17
This Agreement made and entered into this 11 th day of January , 2023, by
and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a
Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and
RTS Auto whose address is, 114 Lower Mill Bay Road, Kodiak, Alaska 99615, and licensed and
qualified to do business within the State of Alaska, hereinafter called "Contractor."
RECITALS
A. The Borough desires the performance, provision, and accomplishment of the work,
services and materials described and set forth in Part 1, Section 2.
B. Contractor represents that it is ready, able, and qualified to perform, and will
perform, in all respects, all of the work, services, and materials, and to otherwise perform all of
the terms, covenants, conditions and provisions of the Agreement in the manner, at the times,
and for the consideration hereafter provided.
Now, therefore, for and in consideration of the terms, covenants, conditions, and
provisions contained herein, and/or attached and incorporated herein and made a part hereof,
the parties hereto agree as follows. This contract consists of:
A. Part I, consisting of eighteen (18) sections of General Provisions.
B. Part II, consisting of six (6) sections of Special Provisions.
C. Acknowledgements
D. Exhibits: A (Invitation to Bid), B (Bid Proposal)
PART
GENERAL PROVISIONS
Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor,
and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and
proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions
and provisions of this Agreement, all of the work, services, labor and materials required to
accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the
consideration and payments hereinafter set forth.
Kodiak Island Borough Auto Repair and Tire Services
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Section 2: Description of Work. The Contractor shall perform, supply, and provide all of
the work, services and materials; hereinafter collectively referred to as "work", as set forth and
described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall
be performed in accordance with Bid Proposal, copy attached as Exhibit B and incorporated
herein by reference. In the event of a conflict between this contract, Exhibit A or B, the terms of
this contract shall prevail, then Exhibit A, then Exhibit B.
Section 3: Time for Commencement and for Completion of Work.
(a) Commencement. Contractor shall commence the work called for in this Agreement
upon the giving of a Notice to Proceed by the Borough.
(b) Contract Term. The initial contract period will terminate on June 30, 2025, with a
provision for three (3) one -(1) year extensions at the option of the Borough and depending on the
availability of funding. If the Borough offers an extension the Contractor will have not more than
thirty (30) days to accept or refuse the offer. 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.
Section 4: Financial Terms.
(a) Compensation and Payment. For and in consideration of the timely and proper
performance of work authorized as provided herein, the Borough shall pay the Contractor at the
rates provided for in the Contractor's Proposal, which rate schedule is attached as Exhibit B and
incorporated herein by reference. Payments shall be based upon invoices, which may be
submitted no more frequently than monthly.
(b) No Additional Work. No claim for additional work, services or materials, not specifically
and expressly requested and authorized as provided for in this Agreement, or by a written
amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed
or paid by the Borough, and Contractor expressly waives any claim therefore.
(c) Availability of Funds. This contract is subject to the availability of funds lawfully
appropriated for its performance.
(d) The Borough may delay or withhold payments from the Contractor for any of the
following reasons:
1) The application for payment misstates the amount of services completed; or
2) Defective services not remedied.
In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the
amount withheld and the basis upon which it is withheld.
Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's
contracting officer shall be the Borough Manager or such other person as is designated in writing
by the Borough Manager.
Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is
now and shall continue to be at all times during the performance of this Agreement, the holder of
all required or necessary professional, business or other licenses or permits and is qualified and
Kodiak Island Borough Auto Repair and Tire Services
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capable of performing all of the work covered or called for by this Agreement and is presently
ready, able and willing to undertake and perform all of such work and services, and to supply all
necessary materials and equipment, at the times, and in a non -negligent professional and
workmanlike manner, and pursuant to the terms, conditions and provisions, and for the
compensation and payments as herein provided.
Section 7: Termination.
(a) By Consent. This Agreement may be terminated in whole or in part by the mutual
consent of the parties. Such consent shall be in writing.
(b) Termination for Cause. This Agreement may be terminated in whole or in part in writing
by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this
Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to
terminate in the manner provided in Part 1, Section 10, hereof.
(c) Termination for Convenience of Borough. This Agreement may be terminated in whole
or in part in writing by the Borough for Borough's convenience provided the Contractor is given
not less than thirty (30) calendar days prior written notice of intent to terminate in the manner
provided in Part 1, Section 10, hereof. In the event of termination for convenience the Borough
shall pay contractor for work completed and materials accumulated, on hand or ordered, as of
the date of termination.
(d) In the event termination by the Borough is affected pursuant to (b) above, the
Contractor shall not be entitled to receive any further payment until the work is completed, or the
Borough elects to not proceed further with the project. Upon completion of the work, or termination
of the project in the event the Borough elects to not proceed with the project, the Contractor shall
be paid as follows:
1) In the event the costs and expense of taking over, re -advertising and completing
the project or the costs of closing out the project if the Borough elects to not
proceed with the project (hereinafter referred to as "close out costs"), exceed the
remaining unpaid amount of this Agreement, any amount which was otherwise due
and unpaid to Contractor at the time of termination shall be applied to such
increased costs in taking over, re -advertising and completing the project, (or
applied to close out costs) and the remaining amount of such costs, if any, shall
be paid by the Contractor to the Borough.
2) In the event said costs and expense of taking over, re -advertising and
completing the project, (or close out costs) are less than the total amount which
was otherwise due and unpaid to the Contractor at the time of termination, the
increased costs of taking over and completing the project (or the close out costs)
shall be deducted from the amounts due the Contractor and the balance, if any,
paid to the Contractor without interest.
(e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the
Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver
or otherwise make available to the Borough all data, drawings, notes, specifications, reports,
estimates, summaries, work in progress, and any and all other information and/or materials as
may have been accumulated by the Contractor in performing this Agreement, whether completed
or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor
Kodiak Island Borough Auto Repair and Tire Services
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or any other person.
(f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but
shall not be required to, take over the work and prosecute the same to completion by agreement
with another person or otherwise, may elect to complete the work itself, or to not proceed further
with the work and project.
(g) If, after termination by the Borough pursuant to (b) above, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been affected for the
convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor
for termination shall be made as provided in paragraph (c) of this Section.
(h) No other damages, whether for lost profits or otherwise, other than the amounts
allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in
the event of termination.
Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the
Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict
in any manner with the subject matter or the performance of this Agreement. The Contractor
further covenants, warrants and represents that in the performance of this Agreement, no person
having any such interest shall be employed.
Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer,
convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this
Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties
hereunder without the prior written consent of the Borough. Any such attempted assignment,
transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted
assignment, disposition or delegation of duties or rights shall be null and void and of no force or
effect and shall be grounds and cause for immediate termination of this Agreement without liability
by and at the option of the Borough.
Section 10: Notice.
(a) Any notice, demand, request, consent, approval, or other communication that either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail at the address set forth below. Either
party may change its address by notifying the other party of its change of address in writing.
Notice shall be deemed to have been duly made and given when delivered if served personally,
or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in
this Section.
Borough: Kodiak Island Borough
ATT: Engineering & Facilities
710 Mill Bay Road
Kodiak, AK 99615
Contractor: RTS Auto
ATT: Leeanna Dahl
114 Lower Mill Bay Rd.
Kodiak, AK 99615
Kodiak Island Borough Auto Repair and Tire Services
Page 4 of 14 Contract FY2023-17
(b) The performance and administration of this program and this Agreement will be
monitored by the Borough and such other agencies as may be required or authorized pursuant to
the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a
prerequisite to any payment to the Contractor.
(c) All project records shall be maintained by the Contractor for not less than three (3)
years after completion and final acceptance of all work by the Borough and shall be subject to
inspection and copying by the Borough or any funding agency during said period.
Section 11: Status of Parties.
(a) Independent Contractor. The Contractor shall perform its obligations hereunder as an
independent contractor of the Borough. The Borough may administer the contract and monitor
the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or
direct the Contractor other than as provided in this Section.
Relationship of the Parties. Nothing herein contained shall be deemed or construed by
the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood and agreed that
neither method of computation of payment nor any other provision contained herein, nor any acts
of the parties hereto, shall be deemed to create any relationship between the parties hereto other
than the relationship of Borough and an independent Contractor.
Section 12: Hold Harmless and Indemn
(a) The Contractor shall indemnify, defend, save and hold the Borough, its officers,
employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines,
including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any
loss, damage or injury to persons or property occurring as a result of the Contractor's or any
subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance
pursuant to this contract.
(b) Contractor further agrees to appear and defend, and to indemnify and save free and
harmless the Borough and its officers, employees and agents from and against any of the
foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost
and expense, including reasonable attorney's fees, incurred by the Borough, its officers,
employees or agents on account of any claim therefore, including claims by reasons of any
defects in any plans, drawings, specifications, computer programs, technical reports, or other
work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement
provided said claim is not based upon a use of said plans, drawings, specifications or other work
product for other than the purposes for which such data was prepared and submitted to the
Borough.
(c) Contractor shall keep the work free from all liens and shall indemnify and defend
the Borough and hold it harmless from any claims of Contractor's subcontractors orsuppliers.
Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to
give any person other than the Borough and the Contractor any legal or equitable right, remedy
or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the
Borough and the Contractor.
Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole
Kodiak Island Borough Auto Repair and Tire Services
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cost and expense, comply with all of the requirements of all local, state, or federal laws,
ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this
Agreement, or the project or work to be performed, and shall faithfully observe in the performance
of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or
which may hereafter be in force. When a change in laws, ordinances or regulations results in
additional costs, the Contractor may request a change order to cover those costs. Any such
change order shall be limited to the Contractor's actual additional costs as a result of the change.
The Contractor shall pay all taxes pertaining to its performance under this contract.
Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants,
agreements and obligations herein contained shall extend to bind and inure to the benefit not only
of the parties hereto but their respective personal representatives, heirs, successors and assigns.
Section 16: Miscellaneous.
(a) Terminology. Whenever herein the singular number is used, the same shall include the
plural, and the masculine gender shall include the feminine and neuter genders.
(b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity,
performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding
arising out of, or based upon this Agreement, including, but not limited to, any action for
declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third
Judicial District, Alaska.
(c) Paragraph Headings. The headings of the several sections and subsections contained
herein are for convenience only and do not define, limit, or construe the contents of such sections
and subsections.
(d) Terms Construed as Covenants and Conditions. Every term and each provision of this
Agreement performable by Contractor shall be construed to be both a covenant and a condition.
(e) Time of the Essence. Time is of the essence of each term, condition, covenant, and
provision of this Agreement.
(f) Severability. In the event any provision of this Agreement is adjudicated or held to be
invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall
impair any such right or power, or be construed as a waiver of any default or as acquiescence
therein. One or more waivers of any covenant, term, or condition of this Agreement by either party
shall not be construed by the other party as a waiver of a subsequent breach of the same
covenant, term or condition. The consent or approval by either party to any act by the other party
of a nature requiring consent or approval shall not be deemed to waive or render unnecessary
consent to or approval of any subsequent similar act.
Section 17: Amendment.
(a) This contract shall only be amended, modified, or changed by writing, executed by
authorized representatives of the parties.
(b) For the purpose of any amendment modification or change to the terms and conditions
of this contract, the only authorized representatives of the parties are:
Kodiak Island Borough Auto Repair and Tire Services
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1) Kodiak Island Borough, Borough Manager or designee
2) RTS Auto, Leeanna Dahl or designee
(c) Any attempt to amend, modify, or change this contract by either an unauthorized
representative or unauthorized means shall be void.
Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits
attached hereto sets forth all the covenants, promises, agreements, conditions, and
understandings between the parties hereto, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between them other than as herein set forth.
Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement,
understanding, alteration, amendment, change or addition to this Agreement, or any schedule,
appendix, exhibit, or attachment thereto shall be binding upon the parties hereto unless reduced
to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive
statement of the agreement between the parties.
PART II
SPECIAL PROVISIONS
Section 1: Insurance.
(a) 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.
(b) 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.
(c) 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.
Section 2: Equal Employment Opportunity.
(a) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The
Contractor will take affirmative action to ensure that applicants are employed and that employees
Kodiak Island Borough Auto Repair and Tire Services
Page 7 of 14 Contract FY2023-17
are treated during employment without regard to their race, color, religion, disability, national
origin, ancestry, age, or sex. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
(b) The Contractor shall state in all solicitations or advertisements for employees to work
on contract jobs to be let in the performance of this Agreement, that all qualified applicants will
receive consideration for employment without regard to race, color, religion, disability, national
origin, ancestry, age, or sex.
(c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska
which seeks to deal with the problem of unlawful or invidious discrimination, and with all other
State efforts to guarantee fair employment practices under this Agreement, and said Contractor
will comply promptly with all requests and directions from the State Commission of Human Rights
or any of its officers or against relating to prevention of discriminatory employment practice.
(d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be
limited to, being a witness in any proceeding involving questions of unlawful or invidious
discrimination if such is deemed necessary by any official or agency of the State of Alaska,
permitting employees of said Contractor to be witnesses or complainants in any proceeding
involving questions of unlawful or invidious discrimination, if such is deemed necessary by any
official or agency of the State of Alaska, or the Borough, participating in meetings, submitting
periodic reports on the equal employment aspects of present and future employment, assisting in
inspection of relevant facilities, and promptly complying with all State directives deemed essential
by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal
and state laws, regulations, and policies pertaining to the prevention of discriminatory employment
practices.
(e) Failure to perform any of the above agreements pertaining to equal employment
opportunities shall be deemed a material breach of the contract and sufficient grounds for
termination of this Agreement for cause without liability.
Section 3: Contractor Responsible for Personnel.
The Contractor has or will secure, at Contractor's own cost and expense, all personnel
required to perform this Agreement in a timely and proper manner. The parties hereto agree and
understand that such personnel shall in no event be deemed to be, and are not, employees,
agents, or representatives of the Borough and such persons shall have no contractual or other
relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever
to any of said persons, or for the acts or omissions of any of such persons.
Section 4: Personnel Supervision.
Contractor agrees that all work and services required or provided under this Agreement
shall be performed personally by the Contractor, unless otherwise authorized in writing by the
Borough's contracting officer, and in such event all personnel engaged in any such work shall be
fully qualified, and shall be licensed and authorized under applicable state, federal and local laws
to perform such services.
Kodiak Island Borough Auto Repair and Tire Services
Page 8 of 14 Contract FY2023-17
Section 5: Corporate Authority.
If Contractor is a corporation, Contractor shall deliver to the Borough at the time of
execution of this Agreement a certified copy of a resolution of its board of directors authorizing
the execution of this Agreement and naming the officers that are authorized to execute this
Agreement on behalf of the corporation.
Section 6: Additional Terms and Conditions.
This Agreement is subject to each of the additional terms, covenants, conditions, and
provisions outlined in the scope of work attached hereto as Exhibit A, which are hereby expressly
referred to and incorporated herein as though set forth in full.
Kodiak Island Borough Auto Repair and Tire Services
Page 9 of 14 Contract FY2023-17
ACKNOWLEDGMENTS
Wherefore the parties have entered into this Agreement the date and year first above
written.
Date:
Date; 1116/2023
Kodiak Island Borough
Page 10 of 14
DIAK ISLAND BOROUGH:
LB . �t�A
David Conrad
Acting Borough Manager
ATTES
By:
Nova M. Javier,
Borough Clerk
APPROVED AS TO FORM:
By
Scott A. Brandt -Erichsen
Borough Attorney
K911 `i zz;L*i1ttj:;R:4 ";Ilio
By: L�
Title: Owner - Business Manager
Auto Repair and Tire Services
Contract FY2023-17
BOROUGH ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT)
THIS IS TO CERTIFY that on this W",* day of v%uxr , 2023, before me, the
undersigned, a notary public in and for the State of Alask , duly commissioned and
sworn, personally appeared David Conrad, to me known to be the Interim Borough
Manager of the Kodiak Island Borough, a municipal corporation, the corporation which
executed the above and foregoing instrument; who on oath stated that he was duly authorized
to execute said instrument on behalf of said corporation; who acknowledged to me that he
signed the same freely and voluntarily on behalf of said corporation for the uses and purposes
therein mentioned.
WITN
and official seal the day and year in this certificate above written.
al
Imo: ��TARY'
UBLIC .
0MCA Q
/�/�l lilllll\�� �`\
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT)
,,,-NOTAW PLOLIC FOR ALASKA
My Commission Expires: LvA��
THIS IS TO CERTIFY that on this � day of wv%vacW 2023, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and
sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the
Kodiak Island Borough, a municipal corporation, the corporation which executed the
above and foregoing instrument; who on oath stated that she was duly authorized to execute
said instrument on behalf of said corporation; who acknowledged to me that she signed the
same freely and voluntarily on behalf of said corporation for the uses and purposes therein
mentioned.
WITNESS my hand and official seal the day and year in this certificate above written.
TAR P LIC FOR ALASKA
;. �BLIC My Commission Expires: wry
Kodiak Island Borough Auto Repair and Tire Services
Page 11 of 14 Contract FY2023-17
ACKNOWLEDGMENT
PARTNERSHIP
STATE OF ALASKA )
) ss:
FIRST JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of January 2023, before me, the undersigned, a
Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared
, to me known to be a Partner in RTS Auto, who executed the above and
foregoing instrument; and who on oath stated that he was duly authorized to execute said instrument;
and who acknowledged to me that s/he signed and sealed the same freely and voluntarily for the
uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate first above written.
Notary Public for Alaska
Commission expires:
ACKNOWLEDGMENT
INDIVIDUAL
STATE OF ALASKA )
) ss:
FIRST JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of January, 2023, before me, the undersigned, a
Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared
to me known to be the person who executed the above and foregoing
instrument; and who on oath stated that s/he was owner of and duly authorized to execute said
instrument on behalf of RTS Auto; and who acknowledged to me that s/he signed and sealed the
same freely and voluntarily for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate first above written.
Notary Public for Alaska
Commission expires:_
Kodiak Island Borough Auto Repair and Tire Services
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EXHIBIT A
INVITATION TO BID
Kodiak Island Borough Auto Repair and Tire Services
Page 13 of 14 Contract FY2023-17
RELEASE DATE: October 31, 2022
INVITATION TO BID
Auto Repair & Tire Services
THIS IS NOT AN OFFER
The Kodiak Island Borough is accepting sealed bids for auto repair and tire services as described in the
Invitation to Bid.
Sealed bids must be submitted to the Borough Finance Office by 2:00 PM (local time) Nov 30, 2022.
Bids must be in a sealed envelope with "Kodiak Island Borough - Auto Repair and Tire Services"
clearly indicated on the outside of the envelope. Postmarks will not be controlling.
Complete bidding documents are available in electronic form and may be viewed and downloaded
without charge and without deposit from the Kodiak Island Borough website, www.kodiakak.us. Bidders
are responsible for their own printing.
Contact Person:
Dave Conrad, Director or Patricia Valerio, Secretary
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9347
Fax: (907) 486-9394
Email: dconrad@kodiakak.us or pvalerio@kodiakak.us
David Conrad, Interim Borough Manager
Kodiak Island Borough
Publish: Kodiak Daily Mirror Nov 4, 11, & 18, 2022
INVITATION TO BID (ITB)
The Kodiak Island Borough is concerned that all bids be submitted in a manner that ensures the
bidding process is fair and equitable to all Bidders in compliance with the requirements of the bid
documents.
Particular attention of all Bidders is drawn to the provisions of this solicitation and the resulting
contract dealing with pre-bid inquiries and the duty of the Bidders to disclose any significant fact
or question which will adversely affect the cost or time of completion of this project.
Bidders are cautioned that they disregard these provisions at their own risk. Bidders are directed
to study and follow these instructions as to the method and form for submitting bids so there will
be no reason to reject a bid.
Bidders will find all required forms and documents contained within this packet. Please take notice
of the accompanying "Bidders Checklist", which identifies which forms and documents are to be
included with a compete bid submittal.
SECTION 1: INTENT
Purpose of the Invitation to Bid: This Invitation to Bid (ITB) is intended to establish a term
contract to complete automotive repairs and maintenance of a varying nature for the Kodiak
Island Borough's commercial vehicles. For further information refer to Section 4: Scope of
Work.
2. Term. The Term of the contact is for an initial two-year period from July 1, 2022 until June
30, 2024, with the option of the Borough to exercise of up to three (3) additional one year
periods. Following the initial two-year period requests for rate increases may be entertained
by the Borough, and if acceptable, will be incorporated into each renewal.
SECTION 2: SOLICITATION INSTRUCTIONS
Registration of Bidders. All Bidders are encouraged to register with the Borough by
completing the registration form included in this packet. Only registered Bidders will be
notified of addendum or other modifications to the bid requirements.
2. Inquiries. Bidders should direct any pre-bid inquiries labelled Kodiak Island Borough Auto
Repair and Tire Services Bid Inquiry and e-mailed to pvalerio@kodiakak.us with a copy to
dconrad@kodiakak.us.
3. Bid Security. The Borough requires a bid bond or certified check in the amount of $1,000 for
this bid. The Bid security of each Bidder shall be returned once a contract is signed. The Bid
security of the successful Bidder shall be forfeit if the successful Bidder fails to execute the
contract.
4. Refection of Bids. The Borough reserves the right to reject any or all bids. The Borough also
reserves the right to reject any bid which is non-responsive, incomplete, obscure, or
irregular; any bid which omits any one or more items on which the bids are required; any bid
in which unit prices are unbalanced in the opinion of the Borough; any Bidder who previously
Kodiak Island Borough Invitation to Bid
Page 1 of 5 Auto Repair and Tire Services
failed to perform properly or to complete on time contracts of any nature; and the criteria
listed in KIB Code 3.30.080.
5. Bidder Certifies. The Bidder certifies that any and all prices which may be charged under
the terms of this bid request do not and will not violate any existing federal, state, or
municipal laws or regulations concerning price discrimination and/or price fixing. The Bidder
agrees to indemnify, exonerate, and hold harmless the Borough from liability for such
violation now and throughout the term of the contract.
6. Addenda. The Borough reserves the right to amend the ITB prior to the date of bid opening.
Each bid shall include specific acknowledgment of receipt of all addenda issued during the
bidding period. Failure to so acknowledge may result in the bid being rejected as not
responsive.
7. Irregularities. Any irregularities or lack of clarity in any of the bid documents should be
brought to the attention of the Contact Person as soon as possible, so that corrective
addenda may be furnished to all Bidders. Alterations or erasures must be crossed out and
corrections thereof printed in ink or typewritten adjacent thereto. Any correction must be
initialed in ink by each person signing the bid.
8. Responsibility of Bidder. It is the responsibility of the Bidder to investigate and acquaint
themselves with the conditions relating to the work and labor, including (if required) site
visits, soil sampling, or other tests.
9. Written words. In the case of a difference between written words and figures, the amount
stated in written words shall govern. In the case of a difference between a unit price and the
extended price, the unit price shall govern.
10. Signatures. All attachments, including corporate certificate and acknowledgments, must be
signed by the Bidder.
11. Preparation of bid forms. All bids and addenda thereto shall be intact and enclosed in a
sealed envelope, addressed to: Borough Finance Office, Kodiak Island Borough, 710 Mill
Bay Road, Kodiak, Alaska 99615. Sealed bids must be submitted on the forms and
enclosed in an envelope which is clearly marked "Kodiak Island Borough — Auto
Repair and Tire Services". The Borough will not be responsible for the premature opening
of a bid not properly addressed or identified.
12. Postponement of Opening. The Borough reserves the right to postpone the date and time
for opening of bids at any time prior to the time announced for opening of bids in the
advertisement.
13. Refection of Bids. All bids received after the date and time set for receipt will be REJECTED.
Bidders are warned that weather and travel are unpredictable and overnight delivery does
not always arrive in a timely fashion. Bidders are responsible for ensuring that their Bid is
delivered in a timely manner.
14. Modifications. Bids may be modified by written notice or emailed, provided such notice is
received prior to the date and time set for receipt of bids, and, provided further, a written
confirmation of the modification is mailed or shipped via overnight mail/delivery service prior
Kodiak Island Borough Invitation to Bid
Page 2 of 5 Auto Repair and Tire Services
to the bid closing time. The modification should not reveal the bid price but should provide
the addition or subtraction (or other modification) so that the final price or terms will not be
known to the Borough until the sealed bid is opened.
15. Withdrawal of Bids. Bids may be withdrawn only by written or emailed, provided such notice
is received two (2) hours prior to the date and time set for receipt of bids, and provided
further, a written confirmation of the withdrawal is mailed or shipped via overnight
mail/delivery service prior to the bid closing time. Notice of withdrawals received after the
bid opening will not be considered.
16. Determination of Low Bidder. The Borough intends to award to the lowest responsible
responsive Bidder. The Bid forms include bid schedules setting out mandatory and optional
additional service costs. The Bid form compiles the annual base bid cost, and the resulting
total is considered the Bid upon which a contract award decision will be made. Optional
services costs and rates in the bid schedules will be used for the contract rates but will not
form the basis for determining the low bid.
17. Award of Contract. The Borough reserves the right to withhold award for a period of forty-
five (45) calendar days from the date of bid closing.
18. Protest of Bid Award. The Borough will issue a Notice of Intent to Award to the successful
Bidder. An aggrieved Bidder may file a bid protest within ten (10) calendar days after Notice
of Intent to Award the contract is issued. A protest may be made by delivery of a letter of
protest to the Borough Manager's Office. Protests will only be accepted based on error in
process. If/when a protest is received, an administrative review process will begin. The
protestor can expect a final administrative decision by the Kodiak Island Borough Manager
within 30 working days of the receipt of protest.
19. Bid Cancellation. The Borough reserves the right to cancel the procurement, ITB, or award
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.
20. Non -Collusion Affidavit. The Bidder shall submit with the bid a signed non -collusion affidavit
to the Borough covering the Bidder and all subcontractors.
21. Minimum Standards. The required work and/or specifications attached herein shall be
considered as the minimum standards acceptable to the Borough. Any deviations,
modifications, or alternatives proposed shall be specified and clarified by the Bidder in
writing and be identified as EXCEPTION SUMMARY. Insufficient information pertaining to
exceptions shall be at the Bidders risk and may result in rejection of the bid.
22. Equipment furnished. All equipment furnished under these specifications must be complete
with all necessary operating accessories and manuals customarily furnished, whether
stipulated herein or not. Prior to final acceptance by the Borough, the Borough reserves the
right to examine the equipment/structures and test it accordingly, to assure compliance with
bid and contract requirements and specifications. Should the Borough conduct such
evaluations and the results indicate that the equipment/structures does not conform, the
successful Bidder shall be responsible to promptly correct such problems and/or replace
said equipment in a timely manner at no cost to the Borough. After correction of any
deficiencies the equipment/structures shall be subject to a re-evaluation.
Kodiak Island Borough Invitation to Bid
Page 3 of 5 Auto Repair and Tire Services
23. Laws. The Bidder will comply with all federal, state, and local laws including the Laborers'
and Mechanics' Minimum Rates of Pay applicable for municipal contracts as determined by
the State of Alaska.
SECTION 3: INSURANCE REQUIREMENTS
The successful respondent must meet the following 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 mandatory thirty (30) day
cancellation clause.
a. Workers' compensation as required by Alaska law and employer's liability coverage at
a minimum of $1,000,000.
b. Commercial general liability insurance, not excluding explosion, contractual liability, or
product/completed operation liability insurance - $1,000,000 per occurrence and
$2,000,000 aggregate.
C. Comprehensive automobile liability, bodily injury, and property damage, including all
owned, hired and non -owned, automobile - $1,000,000 per each accident.
SECTION 4: SCOPE OF WORK
General: KIB is responsible for maintaining several commercial vehicles and from time to time
needs automotive repairs or maintenance of varying nature. Bidder shall provide rates for
each item noted below in Description of Services. Bidders shall also provide a hourly rate for
work outside of the regular services, and a mark up percentage for parts required.
Occasionally KIB finds itself in need of emergency or after hour vehicle services or repairs,
and Bidders shall provide a hourly rate for emergency services. The Company responding to
this request for bids will be asked to respond to emergency situations within two hours of
receiving the notification.
If requested by the Borough, Bidders should be able to document successful work history
exceeding five (5) years in areas of interest and be able to provide credentials and
certifications approved by the applicable regulating authority for the work needed.
Contracts exceeding $25,000 must be approved by the KIB Assembly. Staff will propose such
contracts to the Assembly as needed. However, work on contracts totaling under $25,000 in
the aggregate may be authorized by the Manager by contract and/or purchase order. Bidders
should be aware of the Borough's discretion to award a contract based on Local Preference
in KIB Code 3.30.060.
2. Description of Services:
• Tire Change - Car
o Mount and balance four tires onto existing wheels, set appropriate tire pressure,
and torque wheels.
• Tire Change — SUV/Truck
Kodiak Island Borough Invitation to Bid
Page 4 of 5 Auto Repair and Tire Services
o Mount and balance four tires onto existing wheels, set appropriate tire pressure,
and torque wheels.
• Oil Change
o Change oil with appropriate type (conventional or synthetic), replace oil filter, check
air filter and all other fluids.
SECTION 5: BID CHECKLIST
Minimum Requirements: Your bid will be considered nonresponsive and rejected if not properly
executed. For your convenience and assistance in preparation of your bid, the following
checklist is offered for informational purposes.
1. Bid Schedule - Completed, signed, dated, addenda acknowledged.
2. Bidder Information — Completed, signed, and submitted.
3. Corporate Acknowledgement - Completed and notarized. (When bid is by
corporation)
4. Bid Bond — executed and ready to proceed upon contract execution.
5. Non- Collusion Affidavit - Completed and signed.
6. Alaska Business License - Copy of Original.
Bids not including ALL of the above documents may be REJECTED as nonresponsive. Bids will
be rejected which contain material alterations or erasures not initialed by the signer of the bid. No
Qualified or otherwise Conditioned Bids will be accepted.
SECTION 6: BID SCHEDULE
Bidders must submit their bids on Attachment 1: Bid Schedule. Bidders must offer bid rates, hourly
rates, and mark up percentage, as appropriate for each item listed.
Rates entered on the Bid Schedule must include all incidental costs such as, but not limited to,
office support, insurance, tools, equipment, transportation, overhead, and profit. There shall be
no additional charges for basic tools, equipment, and shop supplies.
SECTION 7: AGREEMENT
Successful Bidder will be required to execute the contract agreement included as Attachment 2:
Agreement. Bidders are encouraged to review the terms and conditions of the Agreement and if
there are any questions to submit them during the bid period. Requests for modifications to the
agreement will not be allowed once bids are submitted.
SECTION 8: ATTACHMENTS
1. Attachment 1: Bid Schedule
2. Attachment 2: Agreement
3. Attachment 3: Bidder Registration Form
Kodiak Island Borough Invitation to Bid
Page 5 of 5 Auto Repair and Tire Services
EXHIBIT B
CONTRACTOR'S BID PACKAGE AS SUBMITTED
Kodiak Island Borough Auto Repair and Tire Services
Page 14 of 14 Contract FY2023-17
KODIAK ISLAND BOROUGH
AUTO REPAIR AND TIRE SERVICES
BID SCHEDULE
TO: The Kodiak Island Borough, Alaska, herein called the Borough:
Bidder Please Note: Before preparing this Bid Proposal for the Kodiak Island Borough Auto Repair
and Tire Services, carefully read the Contract Requirements and know that the bid is based on
BASIC SERVICES TO BE ROUTINELY PERFORMED as set forth in the Scope of Work (Section
4) of the Invitation to Bid. Any other work outside the scope will use the Additional Services line -
item hourly rate and parts mark-up for billing purposes.
The Bidder shall insert a total bid amount for each item. NOTE: Failure to bid on each item may
result in your bid being declared non-responsive.
Pursuant to and in compliance with the Invitation to Bid, the undersigned Bidder, being fully
familiarized with all the terms of the bid specifications hereby proposes and agrees to deliver,
within the time and in the manner stipulated, the following services:
Description
Estimated
Bid Rate
Evaluated
Quantity
Price
Tire Change — Car
5
$180.00
$900.00
Tire Change — SUV/Truck
10
$ 226.00
$2,260.00
Oil Change
15
$360.00
$5,400.00
Total Base Bid
$8,560.00
Any work outside of the services listed above will use the following hourly rates and mark-
up percentage. These rates and percentage will be incorporated into the contract but will
not be used to determine the low bidder.
Alaska Licensed Mechanic Hourly Rate
20 hours
$135.00
$ 2,700.00
- Routine
Alaska Licensed Mechanical Hourly
10 hours
$ 200.00
$ 2,000.00
Rate — Emergency
[Parts Mark Up (%)
1 $250
1 % 55
1 $137.50
Award of Contract. The Borough shall have the right to reject this bid proposal and such bid
proposal shall remain open and may not be withdrawn for a period of forty-five (45) days
after the date prescribed for its closing.
2. Execution of Contract and Performance Security. It is understood and agreed that if notice
of the acceptance of this proposal and award of the Contract is made within forty-five (45)
Kodiak Island Borough Auto Repair and Tire Services
Page 1 of 5 Attachment 1: Bid Schedule
days after the opening of the proposal, or at any time thereafter before it is withdrawn in
writing, the undersigned Bidder will execute and deliver the Agreement in the form set forth
in the Contract Documents to the Borough in accordance with the proposal as accepted,
and will also furnish and deliver to the Borough the performance and payment bonds as
may be required, the Certificate of Insurance and policies of insurance and any other
documents or bonds called for in the Contract Documents, all within ten (10) days after
notice of acceptance and award of the Contract is given.
3. Notice of Acceptance. Notice of acceptance and award of the contract or requests for
additional information may be addressed to the undersigned Bidder at the business address
set forth at the end of this proposal.
4. Bid Security. Accompanying this bid is the required bid security in the form of
CgshvirS CkACk,- -A X42-loaa0 i
(NOTICE: Insert the words, Cashier's Check, Certified Check, or Bid Bond as the case may
be.)
5. Receipt of Addenda. Receipt of the following Addenda to the Contract Documents is hereby
acknowledged.
Addendum Number Date
1 12/6/2022
2 12/12/2022
(Note: Failure to acknowledge receipt of any addenda may be considered an irregularity in the
proposal and grounds for rejection of the bid.)
BIDDER:
By:
Title:
Owner - Business Manager
Alaska Business License No. 2158412
Kodiak Island Borough Auto Repair and Tire Services
Page 2 of 5 Attachment 1: Bid Schedule
BIDDER INFORMATION
Company/Firm Name RTS Auto
Telephone 907-512-2886
Fax No.
Mobile No.
Business Address 114 Lower Mill Bay Rd Kodiak, AK 99615
Is Local Preference asserted: YES X NO
Date December 20, 2022.
NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above
together with the signatures of the officer or officers authorized to sign contracts on behalf of the
corporation; if Bidder is a partnership, the true name of the firm shall be set forth above together
with a signature of the partner or partners authorized to sign contracts in behalf of the partnership,
and if Bidder is an individual, the appropriate signature shall be placed above.
BIDDER:
By. Leeanna Dahl
U
Title: Owner - Business Manager
Alaska Business License No. 2158412
Kodiak Island Borough Auto Repair and Tire Services
Page 3 of 5 Attachment 1: Bid Schedule
CORPORATE ACKNOWLEDGEMENT
(To be filled in when Documents are executed in behalf of a Corporation)
UNITED STATES OF AMERICA )
)ss
STATE OF ALASKA )
The foregoing instrument was acknowledged before me this day of
, 2022
by
(Name of Officer) (Title of Officer)
of , Corporation, on behalf of said Corporation.
(Name of Corporation)
Notary Public
My Commission Expires:
Kodiak Island Borough Auto Repair and Tire Services
Page 4 of 5 Attachment 1: Bid Schedule
NON -COLLUSION AFFIDAVIT
(To be executed prior to award)
UNITED STATES OF AMERICA )
)ss
STATE OF ALASKA )
Leeanna Dahl of RTS Auto
(Printed Name) (Firm Name)
being duly sworn, do depose and state: I, or the firm, association or corporation of which I am a
member, a bidder, on the contract to be awarded, by the Kodiak Island Borough, for the:
Kodiak Island Borough Auto Repair and Tire Services
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 a connection with such contract.
Co tractor
Subscribed and sworn to this day
STATE OF ALASKA
NOTARY PUBLIC
Lovelyn Miranda.
My Commission
Kodiak Island Borough
Page 5 of 5
20`L2
ission Expires: UWAT___�
Auto Repair and Tire Services
Attachment 1: Bid Schedule
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