Formal RFP for Prof Services-Term Contracts
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Formal RFP for Prof Services-Term Contracts Formal RFP for Prof Services-Term Contracts Document Transcript

  • Fairbanks North Star Borough RFP No. 07009 COVER SHEET THIS IS NOT AN ORDER SUBMITTAL DEADLINE ISSUE DATE: October 3, 2006 TIME: 5:00 P.M. PROJECT: SURVEYING DISCIPLINE DATE: November 2, 2006 TERM CONTRACTS LAND MANAGEMENT DEPT DELIVER PROPOSALS TO: For questions about this RFP, contact: Fairbanks North Star Borough April Trickey Purchasing Division FNSB Procurement Specialist Physical Address: (907) 459-1297 809 Pioneer Road, 2nd floor Fax: (907) 459-1100 Fairbanks, Alaska 99701-2813 purchasing@co.fairbanks.ak.us www.co.fairbanks.ak.us/bidsonline Mailing Address: P.O. Box 71267 Fairbanks, AK 99707-1267 THE ATTACHED TERMS AND CONDITIONS SHALL BECOME PART OF ANY CONTRACT RESULTING FROM THIS REQUEST FOR PROPOSAL. PROPOSALS SHALL BE SUBMITTED IN THE PROPER FORMAT AND MUST HAVE ORIGINAL SIGNATURES ON THE FORMS PROVIDED. PLEASE RETURN THIS ORIGINAL. MAKE A COPY FOR YOUR FILES. TERM CONTRACTS - FY06/07 DISCIPLINE: DATE OF PROPOSAL: BUSINESS LICENSE NUMBER: BUSINESS NAME: MAILING ADDRESS: PHYSICAL LOCATION: TELEPHONE NUMBER: FAX NUMBER BY: Signature
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department INDEX SECTION ONE: GENERAL REQUIREMENTS I. INSTRUCTIONS FOR RESPONDENTS..................................................................... 3 A. Questions, Objections, or Comments................................................................ 3 B. Lobbying ............................................................................................................ 4 C. Filing a Protest................................................................................................... 5 D. Computation of Time ......................................................................................... 5 E. Proposal Submittal Format ................................................................................ 5 F. Alternate Proposals ........................................................................................... 5 G. Fax Submittal..................................................................................................... 6 H. Withdrawal, Modification, or Correction ............................................................ 6 II. OTHER CONDITIONS................................................................................................. 7 A. Responsibility to Keep Informed........................................................................ 7 B. Prices................................................................................................................. 7 C. Vendor Tax ID Number...................................................................................... 7 D. Firm Offer........................................................................................................... 7 E. Extension Of Prices ........................................................................................... 7 F. Proposal Preparation Costs .............................................................................. 7 G. Contract Funding ............................................................................................... 7 H. Right to Reject and Not Award .......................................................................... 7 I. Affirmative Action/Equal Opportunity................................................................. 8 J. Ethics ................................................................................................................. 8 III. ACKNOWLEDGMENTS .............................................................................................. 9 A. Amendments ..................................................................................................... 9 B. Original Signature.............................................................................................. 9 IV. PROPOSER'S CHECKLIST ........................................................................................ 10 A. Objective............................................................................................................ 10 B. Procedure .......................................................................................................... 10 V. SUBMITTAL FORMAT REQUIREMENTS .................................................................. 11 VI. BASIC INFORMATION ................................................................................................ 12 VII. PREREQUISITES....................................................................................................... 12 A. Professional Registration .................................................................................. 12 SECTION TWO: PROJECT PROPOSAL EVALUATION CRITERIA A. Consultant/Project Manager Location ..................................................................... 13 B. Methodology and Management............................................................................... 13 C. Proposed Staff, Qualifications and Experience....................................................... 14 D. Qualifications and Experience of Firm(s) ................................................................ 14 E. Conformance to this RFP Format............................................................................ 14 F. Firm’s Fee Schedule.................................................................................................14 SECTION THREE: PROJECT INFORMATION I. INSURANCE REQUIREMENTS.................................................................................. 15 II. STATEMENT OF SERVICES ...................................................................................... 16 III. SAMPLE PROFESSIONAL SERVICES AGREEMENT .............................................. 17 IV. SAMPLE SIGNERS ACKNOWLEDGEMENT ............................................................. 28 Page 2 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department RFP NO: 07009 PROJECT TITLE: Survey Discipline – Term Contracts – Land Management Department PROJECT MANAGER: Kristin Machacek, Land Management Department CONTACT PERSON: The point of contact for this RFP is: April Trickey FNSB Procurement Specialist Telephone: (907) 459-1297 Fax: (907) 459-1100 purchasing@co.fairbanks.ak.us SUBMIT PROPOSALS ONLY TO: Fairbanks North Star Borough Purchasing Division Physical Location 809 Pioneer Road, 2nd floor Fairbanks, Alaska 99701-2813 Mailing Address: P.O. Box 71267 Fairbanks, Alaska 99707-1267 RFP SUBMITTAL DEADLINE: 5:00 pm, November 2, 2006 NUMBER OF COPIES TO BE SUBMITTED: One Signed Original and Four Copies SECTION ONE: GENERAL REQUIREMENTS I. INSTRUCTIONS FOR RESPONDENTS A. Questions, Objections, or Comments 1. Proposers are requested to carefully review this Request for Proposal (RFP), without delay, for defects and questionable or objectionable matter. Questions, objections, or comments should be made in writing (fax 459-1100) or e-mail to purchasing@co.fairbanks.ak.us and received by the Purchasing Division no later than 10 days prior to proposal submittal deadline, so that any necessary amendments may be published and distributed to proposers to prevent the opening of a defective proposal. Proposers' protests based upon any omission, or errors, or the content of the RFP will be disallowed if not made known prior to the proposal submittal deadline. 2. Address all questions, objections, or comments to: FNSB Procurement Specialist, April Trickey. Contact information is shown above. 3. The Fairbanks North Star Borough (FNSB) assumes no responsibility for any interpretation or representations made by any of its officers, agents, or employees unless interpretations or representations are incorporated in a written amendment to the RFP. 4. Deliver proposal copies (number specified above) only to the address above before the submittal deadline. Proposals received by the Purchasing Office after the submittal deadline will be returned to the proposer upon receipt of written request. Page 3 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department B. Lobbying 1. The purpose of this section is to assure that the RFP selection process is not distorted or compromised by private lobbying outside the procedures designed to produce the best proposal for the Borough and the public. 2. No proposer may disclose his proposal, outside the formal selection process, to members of the selection committee, nor to members of the Borough Assembly, prior to the issuance of the Notice of Intent to Award. 3. The Borough shall select those proposals which are responsive and which merit further discussion. Any person whose proposal is selected for further discussion shall confine all contacts with the Borough to those permitted by the formal selection procedures. Any person whose proposal is not selected must not discuss the matter with committee members or with assembly members, but may file a protest under the Borough Procurement Code, FNSB Code of Ordinances 16.65.010. 4. Not withstanding any other provision of this section, an interested person is free at any time to contact the purchasing agent for the purpose of clarifying selection procedures. 5. The prohibitions in this section apply whether or not the committee member or assembly member has a personal or financial interest in the outcome of the selection process. 6. Sanctions. The following provisions apply to violations of this section: a. If the violation is discovered prior to award, i. and the selection process has not been compromised, and then the proposal offered by the violator shall be disqualified from further consideration; ii. and the selection process has been compromised such that the Borough must cancel this RFP and issue a new one, and then the proposer shall be liable to the Borough for all costs of issuing a new RFP for similar or substantially similar services. b. If the violation is discovered after the award, i. then the contract is voidable at the sole option of the Borough, and the vendor shall be liable to the Borough for: (1) the difference, if any, between the cost of the vendor's services under the existing contract, and the cost of any new vendor's services under a new contract for similar or substantially similar services; in no case shall the Borough be liable to the vendor for any savings under a new contract, and (2) for the reasonable costs of issuing a new RFP for similar or substantially similar services, and (3) for any costs of obtaining such services on an emergency or expedited basis; ii. the violator is liable to other proposers under the same RFP for their costs of proposal preparation. The purpose of this subsection, and only this subsection, is to create enforceable rights in third parties. The provisions of this subsection apply to those persons not submitting proposals, but who would have done so if not for the actions of the violator. Such third parties may assert such claims only after the Borough makes a finding that such a violation has occurred. No other provision of this RFP creates enforceable rights in third parties. c. The provisions of this subparagraph relating to sanctions does not limit the power of the Borough, or any third party, to seek other remedies under the Borough Code, the Statutes, or the laws of the United States. Page 4 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department C. Filing a Protest 1. Any actual or prospective proposer or contractor who is aggrieved in connection with the proposal or award of a resulting contract may protest to the Chief Procurement Officer. A protest with respect to an RFP shall be submitted in writing prior to the opening of RFP, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to the RFP closing date. The protest shall be submitted within five calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. 2. The protest must be filed in writing and include the following information: (1) the name, address, and telephone number of the protestor; (2) the signature of the protestor or the protestor’s representative; (3) identification of the RFP issue; (4) a complete statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) a non-refundable filing fee of $75. Protests will be handled in accordance with FNSB Code of Ordinances 16.65.010. 3. Notwithstanding any other provision of this section, an interested person is free at any time to contact the Chief Procurement Officer for the purpose of clarifying selection procedures. D. Computation of Time The time in which an act provided by law is required to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. FNSB Code of Ordinances 1.03.140. E. Proposal Submittal Format 1. The RFP document, completed, without inserts, shall be the face document of each proposal. Response to Evaluation Criterion Item 1 shall be on the RFP form; responses to Items requiring attachment pages shall be on separate 8-1/2" x 11" sheets using standard size type, one side of sheet only, and no reduced copies. Ornate bindings and sectional dividers or color displays are not to be included. Submit 5 complete sets of your proposal package (1 signed original and 4 copies). 2. Package(s) containing proposals must be sealed, marked, and addressed as shown in the example below. Do not put the RFP number and bid opening date on envelopes containing requests for additional proposal information; package(s) with RFP numbers written on the outside will not be opened until the submittal deadline. Proposer's Return Address Fairbanks North Star Borough Department of General Services Purchasing Division 809 Pioneer Road, 2nd floor P.O. Box 71267 Fairbanks, AK 99707-1267 DISCIPLINE: SURVEYING RFP NO: (insert the RFP number on your envelope) SUBMITTAL DEADLINE: (insert the deadline date and time on your envelope) F. Alternate Proposals Alternate proposals will not be considered unless specifically requested. Page 5 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department G. Fax Submittal Fax submittal of a proposal is not acceptable. H. Withdrawal, Modification, or Correction 1. After depositing a proposal, a proposer may withdraw, modify, or correct his proposal, providing the Purchasing Agent receives the request for such withdrawal, modification, or correction before the time set for submittal deadline. The original proposal, as modified by such written communication will be considered as the proposal. No proposer will be permitted to withdraw his proposal after the time set for submittal deadline. 2. Neither the FNSB nor its officers, agents, or employees shall be responsible for the premature opening of or failure to open a proposal not properly addressed and identified. Page 6 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department II. OTHER CONDITIONS A. Responsibility to Keep Informed 1. Note that it is the potential proposer's responsibility to keep informed. Failure to do so may result in a proposal being declared non-responsive. 2. Section Three, Project Information, II. “Statement of Services”. All responses to this RFP shall be specific and directly related to the services required. Promotional and standard descriptive information will not be acceptable, except as described in Section One, Paragraph I.E. "Proposal Submittal Format". B. Prices Selected proposers shall state prices in the units acceptable to the FNSB as required during negotiations. Prices quoted for commodities or services must be in U.S. funds and include transportation cost to the FOB point, (FNSB Land Management Department, 809 Pioneer Road, Fairbanks, AK. 99701), so that the services can be provided, without further cost. Prices quoted in proposals must be exclusive of federal, state and local taxes. If the proposer believes that certain taxes are payable by the Borough, the proposer may list such taxes separately, directly below the price for the affected item. C. Vendor Tax ID Number If goods or services procured through this RFP must be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to the FNSB before payment will be made. D. Firm Offer Offers made in accordance with this RFP must be good and firm for a period of ninety (90) days from the date of submittal deadline. E. Extension Of Prices In the case of error in the extension of prices in the proposal, the unit price will govern. F. Proposal Preparation Costs The Borough is not liable for any costs incurred by the proposer in proposal preparation. G. Contract Funding 1. Borough funds are available for the initial purchase and/or the first term of the contract. Payment and performance obligations for succeeding purchases and/or contract renewals are subject to the availability and appropriation of funds. 2. The FNSB shall not be liable for any cost incurred by any firm in response to this solicitation. H. Right to Reject and Not Award 1. The FNSB may accept or reject any and all proposals. 2. The FNSB reserves the right to not award the proposed agreement, if it is in the FNSB's best interest. Page 7 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department I. Affirmative Action/Equal Opportunity 1. The FNSB is an Affirmative Action/Equal Opportunity Employer. 2. The FNSB, and all contractors, vendors, and suppliers, agree and certify that they shall comply with the requirement of all pertinent Federal and State laws relating to equal opportunity in contracting and procurement activities. J. Ethics 1. Proposer acknowledges that Section 16.70.030 of the FNSB Code of Ordinances provides as follows: 2. "It shall be unethical for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advise, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. 3. It shall be unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith as an inducement for the award of a subcontract or order." Page 8 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department III. ACKNOWLEDGMENTS I certify that I am a duly authorized representative of the firm listed below and that information and materials enclosed with this proposal accurately represent the capabilities of the office listed below for providing the services indicated. The Borough is hereby authorized to request anyone identified in this proposal to furnish any pertinent information deemed necessary to verify information provided or regarding reputation and capabilities of the firm. A. Amendments The proposer represents to the Borough that it has relied upon no oral representations from the Borough or its consultants in the preparation of this proposal. If any amendments are issued to an RFP, proposer must acknowledge the receipt of such amendments in the space provided on the line below or by signing the amendment and submitting it before the submittal deadline, unless the amendment states otherwise. Proposals which fail to acknowledge receipt of amendments shall be considered non-responsive and will not be evaluated. The proposer acknowledges receipt of the following Amendments: B. Original Signature Acknowledgment sheet must be manually (original signature) signed. A proposal shall be rejected when the proposal is not signed by hand. Office Address for which this Signature of Representative submittal is made: Date: Street: Name: P. O. Box: Title: City, State, Zip: Firm: Telephone: Email Address: AK Business Lic. NO. Type of Firm (Check one) ____ Individual ____ Partnership ____ Corporation in the State of: ____ Other (Specify): Page 9 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department IV. PROPOSER'S CHECKLIST Proposers are advised that, notwithstanding any instructions or inferences elsewhere in this RFP, only the documents shown on this sheet need be submitted with and made part of their Proposal. Other documents may be required after proposal submittal deadline, but prior to award. Proposers are advised that failure to submit the documents shown on this sheet SHALL RENDER THE PROPOSAL NON-RESPONSIVE. PROPOSALS WILL NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the proposal. NOTE: Only those items marked by an "X" are required. X Cover Sheet, Request for Proposal, shall be manually (original signature) signed. X Acknowledgment sheet, shall be manually (original signature) signed and properly filled out. X Erasures or other changes made to the proposal must be initialed by the person signing the proposal. Note: "White Out" or other liquid correction methods must be initialed. X All amendments issued shall be acknowledged in the space provided on the Acknowledgment sheet or by manually signing (original signature) the Amendment Sheet and submitting it prior to the submittal deadline. Other - A. Objective To obtain concise representation of capabilities which will enable the Borough to evaluate respondents for providing the services required. B. Procedure 1. Selection and execution of any agreement will be accomplished in accordance with the FNSB Code of Ordinances and Policies and Procedures. The successful proposer(s) shall be required to sign and submit a contract that is similar to the “Sample Professional Service Contract” included in this RFP. 2. After the notice of award is issued the successful proposer(s) will have (10) ten days to return signed contract documents, and certificate of insurance, in accordance with the requirements, identified in this RFP. 3. Any agreement resulting from this Request for Proposal is not valid until approved by the Borough Mayor or designee. Page 10 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department V. SUBMITTAL FORMAT REQUIREMENTS Maximum # of Pages Item 28 Request for Proposal Form 0 Item 1: Consultant/Project Manager Location 2 Item 2: Methodology and Management 3 Item 3: Proposed Staff, Qualifications, and Experience 3 Item 4: Qualifications and Experience of Firm 0 Item 5: Conformance to this RFP Format 2 Item 6: Firm’s Fee Schedule 38 MAXIMUM TOTAL PAGES THIS RFP Page 11 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department VI. BASIC INFORMATION Period of Performance: The remainder of fiscal year 2006/2007, July 1 2006 through June 30, 2007, with three one-year renewal options, which will run from July 1 through June 30 of each consecutive year. Funding Source(s): Miscellaneous local, state and federal projects. Estimated Cost of Agreement: Not to Exceed $100,000/year Additional Background Material: X None Available as follows: Pre-proposal Conference (non-mandatory): X None Will be held as follows: Insurance Requirements: None X See Section Three: Project Information, paragraph I. “Insurance Requirements” of this RFP. Additional requirements for selection at the Borough's option: Refined Proposals X Oral Presentation X Interview If the Borough elects any of these options, the top ranked proposers will be invited to participate and final selection will be based on the proposers original proposal, refined proposal, refined proposal, oral interview or presentation, if applicable. VII. PREREQUISITES A. Professional Registration Is not applicable to this RFP X Is applicable to this RFP If professional registration is applicable, Alaska Statute AS.08.48.281 prohibits the practice of or offer to practice the profession of architecture, engineering, or land surveying in Alaska, or to use or otherwise assume or advertise a title or description tending to convey the impression that a firm or individual is registered in accordance with the statute, or is one to whom the statute does not apply. Proposals which do not include named personnel registered in Alaska for the disciplines indicated in the statement of services shall be disqualified from consideration: Page 12 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department SECTION TWO: PROJECT PROPOSAL I. EVALUATION CRITERIA With regard to evaluation criteria 1, respondent shall enter the information required only in the space provided on this page. For all other criteria, respondent shall attach to this form only information and data which is specifically requested. Attachments shall be keyed to each criterion, and assembled in the order listed herein so that the criterion to which information or data applies shall be plainly evident at the top of each page. Material not so identified or assembled may be discarded without evaluation. (Note the Maximum Number of Pages for Proposal indicated in Section One, Paragraph V. “Submittal Format Requirements” of this RFP.) Information shall not include generalized promotional material, resumes, statement of experience, qualifications, or capabilities, or other material which is not germane to the proposed agreement. Each criterion has an assigned weight (whole numbers between 1 and 100), which will be used to establish the relative importance of each criterion. If a weight is "0", the criterion is not applicable to this RFP and will not be considered for evaluation. Criterion #6 shall be submitted, but will not be considered for evaluation. Each proposal will be evaluated based on the Evaluation Criteria listed below. Proposals will be ranked in order of the highest numerical score first. The Borough shall select as many of the top ranked proposers as it deems necessary for inclusion on the negotiating list. "Rating" blocks are for Borough use only. Ratings will be from 1 to 10, with 10 being best. A. Consultant/Project Manager Location WEIGHT 20 RATING Identify the office location, city and state for the Project Manager during the course of providing surveying services. The Project Manager will be in charge and responsible for all decisions regarding this project. Each respondent will be granted 10 points if the Project Manager's office is located in the Fairbanks North Star Borough, 4 points if located elsewhere within Alaska, and 2 points if located outside Alaska. B. Methodology and Management ATTACH 2 PAGES MAXIMUM WEIGHT 25 RATING Attach a description of your approach to performing the proposed agreement. Include a detailed description of services to be provided and constraints (procedures, time, money, personnel, equipment, etc.) to be offered. Attach a management plan which describes the organization and management processes of your firm and a specific outline of the structure of the proposed project staff. The plan should answer the questions: Who will have overall responsibility for the project? Who will oversee daily operations? Discuss your approach to construction administration. Discuss your firm's total workload, particularly current and future commitment of key personnel, equipment, facilities and other resources including capabilities for providing services within schedule or under accelerated schedule. Joint proposals should be well coordinated and the existence of previous working relationships should be noted. Page 13 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department C. Proposed Staff, Qualifications and Experience ATTACH 3 PAGES MAXIMUM WEIGHT 25 RATING Information provided should address two areas: 1. Proposed key personnel who would have major responsibilities for performance of the services required. 2. Individual's function, and Alaska Registration Number, if an Architect, Engineer, or Land Surveyor. List any special certificates and/or training germane to the discipline of submittal. If the firm is a corporation, it also must be registered in Alaska for the discipline listed. Include information concerning the qualifications and experience of each individual listed. Each should be described in terms of his or her educational, managerial and substantive experience relevant to the proposed agreement, position in the firm, relevant projects that she/he has worked on and the extent of responsibilities, substantive and/or administrative. D. Qualifications and Experience of Firm(s) ATTACH 3 PAGES MAXIMUM WEIGHT 25 RATING Include information which demonstrates that the respondent and proposed firm have adequate qualifications and experience to provide the services required. Project summaries should be brief, emphasizing their relevance to the proposed agreement. They should identify a contact person, giving name, telephone number, and address as well as describing the products, services, dates involved, and costs of the projects. E. Conformance to this RFP Format WEIGHT 5 RATING Conformance to RFP format requirements encompasses maximum number of pages, type size, sheet size, binding methods, or displays or other requirements specified in Section One, Paragraph I.E. “Proposal Submittal Format” and Section One, Paragraph V. “Submittal Format Requirements” of this RFP. F. Firm’s Fee Schedule WEIGHT ___0___ RATING _______ Attachment only - 2 pages maximum Page 14 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department SECTION THREE: PROJECT INFORMATION I. INSURANCE REQUIREMENTS If you are unsure if your firm will be able to provide the insurance described in this section, please contact your insurance broker or agent before you submit your proposal. A. The Consultant shall not begin work under this Agreement until the Consultant has obtained and maintains in force the insurance coverage specified in this section with an insurance company rated “Excellent” or “Superior” by A.M. Best Company, or specifically approved by the Borough Risk Manager, and the Borough has received and reviewed the certificates of insurance. If the Consultant is a joint venture, then the joint venture itself must have insurance as specified below. B. The Consultant shall assure that there is insurance in force which provides protection for the Borough from any claim which might arise from the Consultant's work under this Agreement. This insurance shall provide protection whether the work is performed by the Consultant, by any sub-consultant, or by their employees, agents, successors, or assigns. C. Workers’ Compensation and Employer’s Liability insurance covering all employees of the consultant during the term of the contract. Workers’ compensation coverage shall be at statutory limits. Employer’s liability limits shall be no less than: $100,000 each accident, $100,000 disease - each employee and $500,000 disease - policy limit. The Borough will waive workers’ compensation insurance for sole proprietors or partners, upon receipt of an affidavit provided by the Borough; each partner must sign a separate affidavit. Executive officers of corporations who want waivers must produce the certificate of waiver as approved by the Alaska Department of Labor. All Workers’ Compensation policies shall contain a waiver of subrogation in favor of the Borough. D. Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence written on an occurrence basis. Consultant shall add the Borough as an additional insured in Consultant's commercial general liability policy. E. Valuable Papers and electronic data processing (EDP) coverage in an amount sufficient to reconstruct the work done under this contract, but in no event less than $10,000. F. Comprehensive Automobile Liability insurance coverage, not less than $1,000,000 combined single limit, covering any one of the following combinations of vehicles: (a) any auto, (b) all owned, non-owned, and hired autos, or (c) scheduled and non-owned and hired autos with written assurance that any additional autos shall be insured before they are used to do work under this Agreement. G. Professional Liability insurance in the amount of $500,000. H. The Borough shall have the right at any time to require higher limits for insurance. In any such event, the additional premium or premiums payable solely as the result of such additional insurance shall be added by amendment to the Agreement price. I. The Consultant shall furnish the Borough with Certificates of Insurance to certify insurance coverage. The Consultant shall ensure that the insurance policies referred to therein include a provision that while this Agreement remains in force, no such policy shall be canceled, not renewed, or materially altered until at least thirty (30) days written notice thereof has been given to the Borough. Page 15 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department II. STATEMENT OF SERVICES The Fairbanks North Star Borough, Department of Land Management, is hereby soliciting proposals from firms and/or individuals to be used for development of negotiating lists for professional services. The negotiating lists may be utilized by the Borough to negotiate agreements with one or more firms and/or individuals to obtain professional services as required on an intermittent basis for a one-year term. The Borough reserves the right to extend any agreement resulting from this RFP for three additional one-year terms. The agreements will provide a contracting mechanism through which an amendment may be issued for specific services. The total of all amendments for each one-year term will be written in an amount not to exceed $100,000 [One hundred thousand dollars]. Firms or individuals entering into a term agreement with the Borough are not guaranteed any work, but will be selected to propose on work as available on a rotational basis, beginning with the top ranked proposer. Scope of work and associated compensation will be negotiated for individual projects. Selection of consultants and execution of any agreement will be accomplished in accordance with Fairbanks North Star Borough Standard Policy and Procedures. Agreements will be prepared using standard Borough agreement forms. Copies of standard Forms and Policy and Procedures are available at the Fairbanks North Star Borough Land Management Office. Proposals submitted in response to this request are to be specific to one of the following numbered disciplines/categories. Firms and/or individuals that propose to provide services in more than one discipline shall submit a separate proposal for each. Each proposal shall clearly indicate, on its face, the discipline for which it is being submitted. Discipline Required Category Registration 1. Surveying LS Survey services: Location surveying, construction surveying, construction administration, master planning, subdivision planning, access studies, cadastral surveying and platting, subdivision surveying and platting and other supplemental services as required, including land clearing, soil sampling, etc. , Page 16 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department III. SAMPLE PROFESSIONAL SERVICES CONTRACT Fairbanks North Star Borough Term Contract: Department of Land Management RFP Number: ________ Term Contract Discipline: Contract Amount: NTE $100,000 This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. THIS CONTRACT made between the FAIRBANKS NORTH STAR BOROUGH, 809 Pioneer Road, P. O. Box 71267, Fairbanks, Alaska 99707, hereafter referred to as the BOROUGH, and , hereafter referred to as the CONSULTANT, is effective on the last date executed by its parties in consideration of the terms, conditions, and promises of Articles 1 through 8 in this document. The parties hereto agree as follows: ARTICLE 1 - PURPOSE 1.1 Term Consulting Contract – Discipline: through June 30, 2007. ARTICLE 2 - COMPENSATION 2.1 The maximum amount payable under this Contract shall not exceed One Hundred Thousand Dollars ($100,000.00). The specific amounts payable under this Contract shall be defined in each individual Contract Amendment to this Professional Services Contract. There is no guaranteed amount payable except as defined in the Contract Amendment to this Professional Services Contract. ARTICLE 3 - PERIOD OF PERFORMANCE 3.1 CONSULTANT shall commence work under this Contract as authorized by the Contract Amendment to this Professional Services Contract and shall complete the work in accordance with any time schedule required by any attachments. This Contract is of no force or effect until executed by the CONSULTANT and BOROUGH and no services shall be undertaken or performed until a Contract Amendment to this Professional Services Contract is executed. 3.2 The period of performance under this Contract shall end as stipulated in any Contract Amendment to this Professional Services Contract issued hereafter, including any warranty period provisions; or from the date of execution of this Contract through June 30, 2007, with three one-year renewal options, whichever is the longer. ARTICLE 4 - ATTACHMENTS 4.1 The following attachments are attached to this document and incorporated herein: Attachment Title A Attachment A - General Conditions Page 17 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department ARTICLE 5 - BOROUGH Project Manager: Per Contract Amendment Appeals Officer: Mary Beth Overturf, Chief Procurement Officer Project Office: Fairbanks North Star Borough General Services Department Department of Land Management Street: 809 Pioneer Road P. O. Box: 71267 Contracting Officer: Paul C. Costello, SR/WA City, State, Zip: Fairbanks, Alaska 99707 Director, Dept of Land Management Telephone (907) 459-1241 ARTICLE 6 - CONSULTANT Consultant's Manager: Per Contract Amendment Alaska Business License Number: Project Office: Type of Firm: Street: Individual Partnership P. O. Box: Corporation in the State of: City, State, Zip: Other (please specify): Telephone ARTICLE 7 - SUBCONSULTANT 7.1 CONSULTANT shall perform all professional services required under this Contract except as may be performed by sub-consultant(s) in accordance with Attachment A, Article A15. ARTICLE 8 - INSURANCE 8.1 Insurance is defined in Article G, Insurance Requirements, of RFP # ______ and on Attachment A - General Conditions, Article 4, Insurance Requirements, unless modified by language in any Contract Amendment to this Professional Services Contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year last written below. ACCEPTED BY: DATE: Consultant APPROVED BY: DATE: Borough Attorney APPROVED BY: DATE: Paul C. Costello, SR/WA, Director of Land Management APPROVED BY: DATE: Jim Whitaker, Borough Mayor SIGNED ORIGINALS TO: Term Contract File, Consultant, Clerk's Office COPIES TO: Project File Page 18 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department Fairbanks North Star Borough Contract ATTACHMENT A for General Conditions INDEX Article Number Title A1 Definitions A2 Information and Services from Others A3 Indemnification A4 Insurance Requirements A5 Equal Employment Opportunity A6 Payments to the Consultant A7 Changes A8 Audits and Records A9 Inspections by Borough A10 Termination or Suspension A11 Independent Contractor A12 Predominance of Documents A13 Endorsement on Documents A14 Ownership of Documents A15 Sub-consultants, Successors, and Assigns A16 Arbitration A17 Extent of Contract A18 Taxes A19 Governing Laws A20 Completion Schedule A21 Other Matters Page 19 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department ARTICLE 1 - Definitions A1.1 Additional or Extra Services - Services, work products, or actions required of the Consultant above and beyond provisions of this Contract. A1.2 Amendment - A written change to this Contract. A1.3 Appeals Officer - The designated individual whose decisions constitute the exhaustion of contractual and administrative alternatives for resolution of claims and disputes. A1.4 Change - A revision in the scope, complexity, character, or duration of the services or provisions of this Contract. A1.5 Borough - The Fairbanks North Star Borough. A1.6 Contracting Officer - The individual, or duly appointed successor, designated as the official representative to administer contracts for the Borough. A1.7 Consultant - The firm (person or any business combination) providing the professional services required by this Contract. A1.8 Consultant's Manager - The Consultant's representative in responsible charge of the project(s) and directly answerable for the required services. A1.9 Funding Agency - An agency of a federal, state, political subdivision, or local government which furnishes funds for the Consultant's compensation under this Contract and which may have established regulations and requirements binding upon the Borough and the Consultant. A1.10 Project Manager - Borough's representative in charge of the project(s) and the Consultant's primary point of contact with the Borough. A1.11 Statement of Services - Services and work products required of the Consultant by this Contract. A1.12 Sub-consultant - Consultant engaged to provide a portion of the services by subcontract with the firm which is a party to this Contract. ARTICLE 2 - Information and Services from Others A2.1 The Borough may, at its election or in response to a request from the Consultant, furnish information or services from other consultants. If, in the Consultant's opinion, such information or services is inadequate, the Consultant must notify the Borough of the specific service or material deemed inadequate and the extent of the inadequacy prior to use in the performance of this Contract. The Borough will then evaluate and resolve the matter in writing. Unless so notified by the Consultant, the Borough may assume the information or services provided are adequate. A2.2 The Borough is not obligated to provide any information or services except those specifically listed in this Request for Proposal. ARTICLE 3 - Indemnification A3.1 The Consultant shall defend, hold harmless and indemnify the Borough, its officers, agents, and employees, against any claims, loss, and/or damages directly or indirectly arising from or claiming to arise from any injury to any person(s), damage to any property, or any economic loss, arising out of, in whole or in part, (1) the Consultant’s performance or non-performance of its duties under this Page 20 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department contract; and/or (2) any defect in any services provided by the Consultant. This duty to defend, indemnify, and hold harmless shall include the Consultant’s responsibility for any and all foregoing claims, even if such claims are groundless, false, and/or fraudulent and any and all equitable relief, damages, costs and attorney fees except those caused by either the Borough’s sole negligence or its willful misconduct A3.2 This obligation shall be continuing in nature and extend beyond the term of this agreement. The doctrine of equitable tolling extends the time within which an action for breach of this provision may be filed. A3.3 "Consultant" and "Borough," as used within this Article, include the employees, agents, sub- consultant, and any other persons who are directly employed by or otherwise legally responsible, respectively to each party. ARTICLE 4 – Insurance Requirements A4.1 The Consultant shall not begin work under this Agreement until the Consultant has obtained all required insurance and the Borough has received and reviewed the certificates of insurance. If the Consultant is a joint venture, then the joint venture itself must have insurance as specified below. During the term of the contract, the Consultant shall obtain and maintain in force the insurance coverage, specified in this section, with an insurance company rated “Excellent” or “Superior” by A.M. Best Company. A4.2 The Consultant shall assure that there is insurance in force that provides protection for the Borough from any claim that might arise from the Consultant's work under this Agreement. This insurance shall provide protection whether the work is performed by the Consultant, by any sub-consultant, or by their employees, agents, successors, or assigns. A4.3 Worker's Compensation and Employer’s Liability insurance covering all employees of the consultant during the term of the contract. Workers’ compensation coverage shall be at statutory limits. Employer’s liability limits shall be no less than: $100,000 each accident, $100,000 disease each employee and $500,000 disease policy limit. The Borough will waive workers compensation insurance for sole proprietors or partners, upon receipt of an affidavit provided by the Borough; each partner must sign a separate affidavit. Executive officers of corporations who want waivers must produce the certificate of waiver as approved by the Alaska Department of Labor. A4.4 Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence. Consultant shall add the Borough as an additional insured in Consultant's commercial general liability policy. During the contract term, the Consultant shall add and maintain the Borough as an additional insured in the Consultant’s commercial general liability policy. This policy will provide primary coverage for the Borough, and it will provide that the policy treats each additional insured as though the insurer had issued separate policies. A4.5 Valuable Papers and electronic data processing (EDP) coverage in an amount sufficient to reconstruct the work done under this contract, but in no event less than $10,000. A4.6 Comprehensive Automobile Liability insurance coverage, not less than $1,000,000 combined single limit, covering any one of the following combinations of vehicles: (a) any auto, (b) all owned, non- owned, and hired autos, or (c) scheduled and non-owned and hired autos with written assurance that any additional autos shall be insured before they are used to do work under this Agreement. A4.7 Professional Liability insurance in the amount of $500,000 per occurrence. Page 21 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department A4.8 The Borough shall have the right at any time to require higher limits for public liability and property damage insurance. In any such event, the additional premium or premiums payable solely as the result of such additional insurance shall be added by amendment to the Agreement price. A4.9 The Consultant shall furnish the Borough with Certificates of Insurance to certify insurance coverage. All such certificates shall state that the insurance policies referred to therein include a provision that while this Agreement shall remain in force, no such policy shall be canceled, not renewed, or materially altered until at least thirty (30) days written notice thereof has been given to the Borough. ARTICLE 5 - Equal Employment Opportunity A5.1 The Consultant shall comply with the requirement of all pertinent Federal and State laws relating to equal employment opportunity and may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, or marital status. ARTICLE 6 - Payments to the Consultant A6.1 Payments shall be based on approved Consultant's invoices submitted in accordance with this Article and a Contract Amendment for the corresponding project. The sum of payments shall not exceed allowable compensation stated in said Contract Amendment and no payments shall be made in excess of the maximum allowable total for this Contract. A6.2 The Consultant shall not perform any service without a fully executed Contract Amendment. Therefore, the Borough will not pay the Consultant for services or associated reimbursable costs performed outside of those services or costs that are authorized by Contract Amendment. A6.3 Consultant's invoices shall be submitted when services are completed, or monthly for months during which services are performed, as applicable, in a format provided by or acceptable to the Borough. A6.4 Invoices will be submitted in sufficient detail so that they correspond with this request for proposal and all Contract Amendments for the corresponding project, and reflect the actual percentage of work complete for each item. A6.5 In the event items on an invoice are disputed, payment on those items will be held until the dispute is resolved. Undisputed items will not be held with the disputed items. A6.6 The Consultant shall submit a final invoice and required documentation within ninety (90) days after final acceptance of services by the Borough. The Borough will not be held liable for payment of invoices submitted after this time unless prior written approval has been given. A6.7 Prior to final payment, the Consultant will execute a Release of Claims which will identify any claims or other liabilities that the Consultant has against the Borough under the terms of this Contract. A6.8 Any disbursements made under this Contract shall be subject to any set-off required under the Fairbanks North Star Borough Code of Ordinances. ARTICLE 7 - Changes A7.1 Changes (including supplemental Contracts) within the period of performance, scope of services, or other provisions established by this Contract may be ordered by the Borough by written Contract amendment only. If such changes cause an increase or a decrease in the Consultant's cost, an equitable adjustment shall be made and specified in the Contract Amendment. The Consultant shall not perform any additional or extra services prior to receiving a fully executed copy of a Contract Page 22 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department Amendment and a purchase order except as the Consultant may be directed under the provisions of Article A16, Arbitration. A7.2 If at any time the Borough, through its authorized representatives, either verbally or in writing, requests or issues instructions for additional or extra services or otherwise directs actions which conflict with any provisions of this Contract, the Consultant shall, within seven (7) days of receipt and/or prior to pursuing such instructions, so notify the Borough in writing, and to the extent possible, describe the scope and estimated cost of any additional or extra services. The Borough will then evaluate and, if appropriate, negotiate an amendment. Unless so notified by the Consultant, the Borough may assume such instructions have not changed any provisions of this Contract nor require additional compensation. No additional payments shall be made to the Consultant without such notice. ARTICLE 8 - Audits and Records A8.1 The Consultant shall maintain records of performances, communications, documents, correspondence, and costs pertinent to this Contract and the Borough's authorized representatives shall have the right to examine such records and accounting procedures and practices. A8.2 The Borough's or funding agency's authorized representatives shall have the right to examine all books, records, plans, documents, and other data of the Consultant related to the negotiation, pricing, and performance of this Contract and any change or modification for the purpose of evaluating the accuracy, completeness, and currency of the data, computations, and projections used. A8.3 The materials described in this Article shall be made available at a business office of the Consultant at all reasonable times for inspection, audit, or reproduction for a minimum of three (3) years from the date of final payment under this Contract and for such longer period, if any, as may be required by applicable statute or other provisions of this Contract. A8.4. Records which relate to appeals under Article A16, Arbitration, litigation, or the settlement of claims arising out of the performance of this Contract shall be made available until such appeals, litigation, or claims have been concluded. ARTICLE 9 - Inspections by Borough A9.1 The Borough has the right to inspect, in the manner and at reasonable times it considers appropriate during the period of this Contract, all facilities and activities of the Consultant as may be engaged in the performance of this Contract. ARTICLE 10 - Termination or Suspension A10.1 This Contract may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms through no fault of the party initiating the termination (default termination). If the Borough terminates this Contract, the Borough will pay the Consultant a sum equal to the percentage of work completed that can be substantiated, to the satisfaction of the Borough, in whole or in part either by the Consultant or by the Borough. A10.2 If the Borough becomes aware of any non-conformance with this Contract by the Consultant, the Borough will give prompt written notice thereof to the Consultant. The Consultant shall correct any such non-conformance within seven (7) days. Should the Consultant's services remain in non- conformance, the percentage of total compensation attributable to the non-conforming work may be withheld. A10.3 The Borough may at any time terminate (convenience termination) or suspend this Contract for its needs or convenience. In the event of a convenience termination or suspension for more than three Page 23 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department (3) months, the Consultant will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension plus reasonable expenses. No fee or other compensation for the uncompleted portion of the services will be paid except for already incurred indirect costs that the Consultant can establish and which would have been absorbed by the Consultant, without further compensation. A10.4 In the event of termination or suspension, the Consultant shall deliver copies of all drawings, estimates, field notes, and data prepared pursuant to this Contract to the Borough within seven (7) days. ARTICLE 11 - Independent Contractor A11.1 The Consultant and its agents and employees shall act in an independent capacity and not as officers or agents of the Borough in the performance of this Contract except that the Consultant may function as the Borough's agent as may be specifically set forth in this Contract. A11.2 Any and all employees of the Consultant while engaged in the performance of any work or services required by the Consultant under this Contract shall be considered employees of the Consultant only and not of the Borough. Any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees while so engaged on any of the services to be rendered herein, shall be the sole obligation and responsibility of the Consultant. ARTICLE 12 - Predominance of Documents A12.1 Components of this Contract shall stand and prevail in the following order: Professional services contract over General Conditions; General Conditions over Request for Proposal; Request for Proposal over any attachments beyond Professional services contract. A12.2 If a contract amendment is appended to this Contract, the amendment shall stand and prevail over the components described in paragraph A12.1. ARTICLE 13 - Endorsement on Documents A13.1 Endorsements and professional seals, if applicable, must be included on all final drawings, specifications, cost estimates, and reports prepared by the Consultant. Preliminary copies of such documents submitted for review must have seals affixed without signature. ARTICLE 14 - Ownership of Documents A14.1 All documents, including original drawings, estimates, specifications, field notes, and data are and shall become the property of the Borough as products of this Contract. The Borough will use them solely in connection with the project or other Borough requirements (i.e. recordation of documents) and will not sell or publish them. A14.2 Should the Borough elect to reuse work products provided under this Contract for other than the original project and/or purpose, the Borough will indemnify the Consultant and its sub-consultants against any responsibilities or liabilities arising from such reuse. Additionally, any reuse of design drawings or specifications provided under this Contract must be limited to conceptual or preliminary use for adaptation and the original Consultant's or sub-consultant's signature, professional seals, and dates must be removed. Such reuse of drawings and specifications which require professional signature and seal will be signed, sealed, and dated by the professional who is in direct supervisory control and responsible for the adaptation. Page 24 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department ARTICLE 15 – Sub-consultants, Successors, and Assigns A15.1 The Borough must concur in the selection of all subconsultant for professional services to be engaged in performance of this Contract. A15.2 If this Contract includes named firms or individuals, then such firms or individuals shall be employed for the designated services unless the Contract is changed by amendment. A15.3 The Consultant shall not assign, sublet, or transfer any interest in this Contract without the prior written consent of the Borough. A15.4 The Consultant binds itself, its partners, its subconsultant, assigns, and legal representatives to this Contract and to the successors, assigns, and legal representatives of the Borough with respect to all covenants of this Contract. A15.5 The Consultant shall include provisions appropriate to effectuate the purposes of this Attachment A in all subcontracts executed to perform services under this Contract. ARTICLE 16 - Arbitration A16.1 Unless the parties mutually agree otherwise, claims, disputes or other matters in question between the parties to the Contract arising out of or relating to this Contract or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. A16.2 Demand for arbitration shall be filed in writing with the other party to this Contract and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statues of limitations. A16.3 No arbitration arising out of or relating to this Contract shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Contract, except by written consent containing a specific reference to this Contract signed by the Borough, Consultant, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing Contract to arbitrate and other contracts to arbitrate with an additional person or entity duly consented to by the parties to this Contract shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. A16.4 The appointment of arbitrators shall be as follows: A16.4.1 For claims less that $100,000, there shall be one arbitrator. If the parties do not agree on an arbitrator after review of two lists of arbitrators from the American Arbitrations Association, then the AAA itself, pursuant to its own rules, may choose the arbitrator. A16.4.2 For claims of $100,000 or more, there shall be a panel of three arbitrators. Both parties shall agree to each arbitrator. If the parties cannot agree on three arbitrators after review of two lists from the American Arbitration Association, then the AAA itself, pursuant to its rules, may choose the remaining member(s). A16.5 After certification of an arbitrator or panel, the Consultant shall permit the Borough sufficient access to the Consultant's books and records to permit an audit of those records relating to the Consultant's claims. The Borough may conduct such an audit after certification of the arbitrator or panel. Page 25 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department In claims for less than $100,000, each party may take the following discovery from the other; one deposition and one request for production of documents. In claims for $100,000 or more, each party may take the following discovery from the other: two depositions, one set of no more than fifteen interrogatories, and one set of requests for production of documents. Regardless of the amount of the claim, if the fair market value of equipment, or any other tangible or intangible property (including the value of a business) is in dispute, then both parties shall allow reasonable access to their premises and records for the purpose of viewing and evaluating such property. The arbitrator or panel may enforce the discovery permitted by this Article 16.7. The format of discovery and discovery procedure under this article shall be substantially similar to the Alaska Rules of Civil Procedure. A16.6 Pursuant to AS 09.43.100, the parties agree to divide the costs of arbitration as follows: Each party shall bear its own expenses, including attorney's fees, witness fees, transportation costs, reproduction costs, and other similar expenses related to its prosecution of its own claim or defense. Any other expenses under CIAR 50 shall be divided as that Rule provides. The parties agree to divide the Arbitrator's Fee under CIAR 51 as follows: After issuance of the arbitrator's award, the arbitrator shall divide (1) the net award to the Consultant's net recovery, after deduction for counterclaims, by (2) the amount of the Consultant's claim, and (3) multiply this fraction by the dollar amount of the claim. The Consultant shall pay the resulting amount as its share of the Arbitrator's Fee, and the Borough will pay the difference. In no case will a party pay more than one hundred percent of the Arbitrator's Fee. If there is more than one party to the arbitration, the parties shall divide the Arbitrator's Fee in proportion to the recovery on their respective claims. A16.7 The award rendered by the arbitrator of arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. A16.8 All decisions issued under this article are reviewable pursuant to the Alaska Uniform Arbitration Act, AS 09.43. Any such review shall be brought in the Alaska Superior Court, Fourth Judicial District, Fairbanks, Alaska. ARTICLE 17 - Extent of Contract A17.1 This Contract, including attachments, represents the entire and integrated Contract between the Borough and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. A17.2 Nothing contained herein may be deemed to create any contractual relationship between the Borough and any sub-consultants or material suppliers; nor may anything contained herein be deemed to give any third party claim or right of action against the Borough or the Consultant which does not otherwise exist without this Contract. A17.3 This Contract may be changed only by written amendment executed by both the Borough and the Consultant. A17.4 All communications that affect this Contract must be made or confirmed in writing and must be sent to the addresses designated in this Contract. A17.5 The Consultant shall, prior to receiving final payment, identify all outstanding claims against the Borough arising out of or by reason of the services or work products furnished under this Contract. Page 26 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts Land Management Department Each claim listed shall include a statement of nature and estimated value. The Borough is released from all other claims arising out of or by reason of the services and work products furnished under this Contract. A17.6 The failure of the Borough at any time to enforce a provision of this Contract shall in no way constitute a waiver of the provision nor in any way affect the validity of this Contract or any part hereof or the right of the Borough thereafter to enforce each and every provision hereof. The Borough may not waive a provision of this Contract unless such waiver is expressed in writing. ARTICLE 18 - Taxes A18.1 As a condition of performance of this Contract, the Consultant shall pay all federal, state, and local taxes incurred by the Consultant and shall require their payment by any sub-consultant or any other persons in the performance of this Contract. ARTICLE 19 - Governing Laws A19.1 This Contract is governed by the laws of the State of Alaska and federal and local laws and ordinances applicable to the work performed. The Consultant shall be cognizant and shall at all times observe and comply with such laws which in any manner affect those engaged or employed in the performance, or which in any way affects the manner of performance, of this Contract. The proper venue for disputes arising under this Contract shall be the Fourth Judicial District of the State of Alaska. ARTICLE 20 - Completion Schedule A20.1 The Consultant shall provide the Borough with a detailed schedule of how the work will be completed within thirty (30) days, or shorter time as stipulated in Professional services contract, after the last signature date of the fully executed Contract Amendment. Such schedule will be of sufficient detail to show the date upon which each item in the Contract Amendment will be completed. At the request of the project manager, the schedule will be updated to show how the Consultant intends to complete the statement of services in the time allotted by the Contract Amendment. ARTICLE 21 - Other Matters A21.1 The Consultant shall not select or specify any material or product containing asbestos including so called "safe asbestos." The use of asbestos-containing material or products on Fairbanks North Star Borough projects is prohibited. Page 27 of 28
  • FAIRBANKS NORTH STAR BOROUGH RFP No. 07009 Surveying Discipline Term Contracts IV. SAMPLE SIGNER’S ACKNOWLEGEMENT This is a sample of the form that the successful bidder will be required to execute and return to the FNSB with any signed contract documents. The signer of the agreement and the signer of this Acknowledgment must be the same person. (Mark only one – all signatures must be notarized) STATE OF ALASKA ) )SS ___________ JUDICIAL DISTRICT) The Contractor is a sole proprietorship The Contractor is a partnership The foregoing Contractwas signed and acknowledged before me this The foregoing Contractwas signed and acknowledged before me this _______ day of ___________________, 200___, _______ day of ___________________, 200___, by (Print Name of Proprietor) by , partner (or agent) on Of (Print Name of Acknowledging partner or agent) (Print Name of Company) behalf of , a partnership. (Name of partnership) (Signature of Proprietor) (Signature of Acknowledging Partner or Agent) The Contractor is a corporation The foregoing Contractwas signed and acknowledged before me this _______ day of ___________________, 200___, The Contractor is a limited liability company by The foregoing Contractwas signed and acknowledged before me this (Print Name of Officer) _______ day of ___________________, 200___, (Title of Officer) of _________________________________________________ by (Name of Corporation) (Name of Manager or Managing Partner) a/an Corporation, (State of Incorporation) (Title) of on behalf of said Corporation. (Name of Limited Liability Company) _________________________________________________ (Signature of Officer*) (Signature of Manager or Managing Partner) (CORPORATE SEAL) Attach Letter of Partners indicating Manager’s or Managing Partner’s authority to enter into agreement. Attest (Corporate Secretary) *The signer of the contract should be a corporate officer unless there is a corporate resolution attached authorizing the person to bind the corporation. Regardless of the type of company, the signature must be notarized. The signer of the contract or agreement and the signer above of this Acknowledgment must be the same person. (NOTARY SEAL) SUBSCRIBED AND SWORN TO before me this ____ day of , 200___. Notary Public in and for the State of . My commission expires: . Page 28 of 28