Proposal


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North Slope Borough

R E Q U E S T F O R PROPOSALS

HELICOPTER REPLACEMENT PHASE I

Capital Improvements Program Project # 64-125

March 2014

CONTENTS REQUEST FOR PROPOSAL North Slope Borough Helicopter Replacement Phase I CIP Project No. 64-125 Notice to Proposers ................................................................................................................. 3 Summary ................................................................................................................................... 4 Schedule of Events ................................................................................................................. 4 Instructions to Proposers ........................................................................................................ 5 Helicopter Specifications ....................................................................................................... 10 Sample Equipment/Material Agreement ............................................................................... 13 Project Certification ............................................................................................................... 25 Non-Collusion Affidavit.......................................................................................................... 26 Disclosure of Ownership ....................................................................................................... 27 Proposal Evaluation Form ..................................................................................................... 28

RFP – CIP Project # 64125 Helicopter Replacement Phase I

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NOTICE TO PROPOSERS NOTICE is hereby given that sealed proposals will be received by: North Slope Borough CIPM Department Attn: Contract Administrator PO Box 1050 Barrow, AK 99723 CIPM Office Location: Upstairs in the Public Works Building 1689 Okpik Street Barrow, AK 99723 Proposals shall be submitted in a sealed envelope/box clearly marked on the outside with the project title and number, due date, name of Bidder, “Attention: Sophia Amling, Contract Administrator”, and the words “PROPOSAL – DO NOT OPEN”. Proposers are responsible for the timely delivery of proposals to the person and address listed above. Proposals will be received until 3:30 PM Alaska Standard Time (AKST) on May 15, 2014 to select a qualified firm to provide one (1) new or like new (less than 500 hours) fully designed helicopter capable of fulfilling the mission responsibilities of the NSB Search and Rescue Department for the Helicopter Replacement Phase I, CIP Project No. 64125. Sealed Proposals received after the time announced for the bid closing, which is 3:30 PM AKST will not be considered. Sealed Proposals are considered received when the date and time is stamped on the submittal by the Contract Administrator or designee. Proposals will be opened, publicly read aloud, at 4:00 PM AKST, at the upstairs CIPM Conference Room at 1689 Okpik Street, Barrow, AK. Proposals will be read, evaluated, and rated by a committee representing the North Slope Borough according to the selection criteria. All interested parties are required to register as plan holders on the Borough procurement web-site at: http://www.north-slope-procurement.com in order to retrieve the details of this solicitation. Plan Holders will receive automatic notification of any clarifications or addenda that may be issued through the procurement process. All questions pertaining to this RFP must be submitted in writing to the Project Administrator no later than 3:00 PM, AKST April 16, 2014 and should be addressed to Alou San Jose, CIPM Project Administrator Phone: 907.852.0489, ext. 825, FAX: 907.852.0257 or email at [email protected]. A mandatory Pre-Proposal Meeting will be conducted at the NSB CIPM Conference Room at 1:30 PM AKST on April 15, 2014. All potential proposers are required to attend this pre-bid conference. May attend via teleconference; contact CIPM Project Administrator Alou San Jose for teleconference call-in information. The North Slope Borough will not be liable for any costs incurred by any Proposer in response to this RFP. Further, the North Slope Borough reserves the right to reject any or all proposals without cause and to waive irregularities or informalities in any of the proposals if deemed in the public’s best interest.

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Summary The North Slope Borough (NSB) is seeking to purchase One (1) new or like new (less than 500 hours) fully designed helicopter, capable of fulfilling the mission responsibilities of the NSB Search and Rescue Department. The present Bell 412 helicopters owned by the NSB, lack the ability to fly during icing conditions, and have a range limit, not well suited for the needs of the NSB. A more versatile helicopter capable of flying in more extreme weather conditions, and a range capable of reaching our distant communities is a life safety concern of the residents of the NSB. The North Slope Borough (NSB), through their Search and Rescue Department, provides air ambulance services in remote areas in northern Alaska from both paved and gravel runways. The North Slope Borough owns and operates fixed wing turbine aircraft as well as rotary wing aircraft. It employs full time FAA licensed pilots and a maintenance staff.

Schedule of Events Pre-proposal meeting

Tuesday, April 15

Deadline for Receipt of Written Inquiries

Wednesday, April 16

Proposal Due Date

Thursday, May 15

Evaluation Period

Friday, May 16

Anticipated Intent to Award Date

Friday, June 6

Anticipated Notice To Proceed Date

Friday, June 13

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Friday, May 30

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INSTRUCTIONS TO PROPOSERS 1.01

DEFINITIONS The word “Bid” shall be defined as either a bid or proposal. the word “Bidder” shall be defined as either a bidder or a proposer. The word “Borough” shall be defined as either NSB or North Slope Borough. 1.02

EXAMINATION OF DOCUMENTS Each bidder shall thoroughly examine and be familiar with the Request For Proposal (RFP) documents. Submission of a Bid shall constitute an acknowledgment upon which the Borough may rely that the bidder has thoroughly examined and is familiar with each of the RFP documents. The failure or neglect of a bidder to receive or examine any RFP document or any part thereof shall in no way relieve it from any obligations with respect to its Bid or to the contract. No claim for additional compensation shall be allowed which is based upon a lack of knowledge of any contract document. 1.03

INTERPRETATIONS No oral interpretations will be made to any bidder as to the meaning of any of the RFP documents. Every request for interpretation shall be made in writing and delivered to the Project Administrator no later than the deadline for written questions. Every interpretation made to bidders shall be in the form of an addendum that, if issued, will be sent electronically as promptly as is practicable to all parties to whom the RFP documents have been issued. All such addenda shall become part of the contract documents. 1.04

FORM OF BID Each Bidder shall submit six (6) copies of the bound proposal (one original and five copies), enclosed in a sealed envelope/box marked "Proposal – Do Not Open" with the full name of the project as shown on the cover of the RFP documents, the date and time for opening, the name and return address of the bidder, and shall be addressed to the Borough at the location last announced for receipt of Bids. No copies or loose sheets shall be submitted. See 1.23 Bidder’s Check List for additional instructions. 1.05

COMPLETENESS OF BID a. Each bidder shall examine the entire RFP packet and any subsequent addendum and submit all items as required. Failure to do so may result in the Proposal receiving a lower score or being rejected as not responsive. b. Each Bid shall include specific acknowledgment of receipt of all addenda issued during the bidding period. Failure to do so may result in the Bid being rejected as not responsive. Bidders are encouraged to verify the Addenda that have been published prior to submitting their Bid and this can be done by contacting the Project Administrator. c. Bidders are encouraged to submit information that is specific to this RFP. Additional data furnished by a bidder, but not required by the RFP documents, may at the Borough's option be considered a part of the proposal to the extent that it is supplementary to, is consistent with and not contrary to the RFP documents or may be disregarded without consideration. 1.06

ALTERATIONS IN BID Except as otherwise provided herein, Bids which are conditional in any way, or which contain erasures or interlineations not authenticated as provided herein, or which contain items not called for, items not in conformity with applicable laws, changes, additions, recapitulations, alternative Bids, or any other modifications of the Bid form which are not specifically called for in the RFP documents, may be rejected at the option of the Borough as not responsive. Erasures, interlineations or other corrections shall be authenticated by affixing in the margin immediately opposite the correction, the handwritten initials of each person executing the Bid.

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1.07

MORE THAN ONE BID Not applicable.

1.08

EXECUTION OF BID If a Bid is made by a partnership, it shall be executed in the partnership name, followed by the handwritten signature of a partner authorized to execute the Bid for the partnership. If a Bid is made by a corporation, it shall be executed in the name of the corporation, followed by the handwritten signature of an officer authorized to execute the Bid for the corporation, and the printed or typewritten designation of the office he holds in the corporation. The Borough may require any bidder to furnish certified copies of extracts of the minutes of meetings of the governing body of the bidder authorizing execution of the Bid and contract documents. 1.09

SUBMISSION OF BID It is the sole responsibility of each bidder to deliver its Bid to the Borough at the place for receiving Bids and prior to the time for opening Bids last announced to bidders. Any Bid received after the time last announced for opening Bids may be retained by the Borough or returned to the bidder, but such Bid shall be rejected as not responsive. 1.10

MODIFICATION OF BID A modification of a Bid already received will be considered only if the modification is received prior to the time last announced for opening Bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original Bid. Telephonic or telegraphic modifications will not be considered. 1.11

WITHDRAWAL OF BID Each Bid shall constitute an offer to the Borough as outlined therein and shall be irrevocable after the time last announced for opening Bids. Any bidder may withdraw its Bid by giving written notice to the Borough at the place such Bids are to be received and at any time prior to the time last announced for opening Bids. After the time last announced for opening Bids and until execution of the contract, no bidder will be permitted to withdraw its Bid unless such execution is delayed due to acts of the Borough, for a period exceeding sixty (60) days after the time last announced for opening Bids. 1.12

POSTPONEMENT OF OPENING The Borough reserves the right to postpone the date and time last announced for opening Bids and such a postponement may be made at any time prior to the time last announced for opening Bids. The Borough will give written or telegraphic notice of any such postponement to each party to whom contract documents have been issued, followed by issuance of an addendum confirming the changing of the announced date and time for opening Bids. 1.13

OPENING BIDS At the time and place last announced for opening Bids, each Bid which has been received prior to the time last announced for opening Bids, except those which have been properly withdrawn, will be publicly opened and read aloud, irrespective of any irregularities or informalities in such Bids. Each bidder may have no more than two (2) representatives at the opening. 1.14

PRICES Prices will be determined through successful negotiations with the firm receiving the highest

rating.

1.15

EVALUATION OF BIDS

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a. Refer to Proposal Evaluation Form. Failure to provide sufficient information for a particular item may result in receiving a lower score for that particular item. The Borough reserves the right to waive irregularities or informalities in any or all Bids without cause. b.

Proposals shall be evaluated per the provisions of N.S.B.M.C. § 2.36, Purchasing.

c. Selection Criteria: Proposals will be read, evaluated, and rated by an evaluation committee representing the North Slope Borough according to the selection criteria. The NSB CIPM Department will attempt to negotiate terms with the proposer receiving the highest rating. If CIPM is unable to reach agreeable terms, CIPM will attempt to negotiate with the proposer receiving the next highest rating. The criteria listed below will be used to evaluate the proposals for the purpose of ranking them in relative position based on how fully each proposal meets the requirements of this proposal package:

#

Evaluation Criteria

Points

1

Responsiveness to Aircraft Requirements

200

2

Aircraft Availability

175

3

Cost/Sale Price Including Shipping

175

4

Training Package

100

5

Maintenance Program

100

6

Safety Program

50

7

Warranty

50

8

Customer Service And Technical Support

150

Totals

1000

See Proposal Evaluation Form. Proposals may include additional, relevant information. d. Evaluation Criteria: The committee will use the Proposal Evaluation Form as its method of determining the highest rated proposal. 1.16

QUALIFICATION OF BIDDERS The Bidder, by submitting its Bid, warrants that it shall maintain the following policies of employment; a. The Bidder and all the subcontractors shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, or national origin. The Bidder shall take affirmative action to insure that qualified applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall

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include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruiting advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non-discrimination. b. The Bidder and all subcontractors shall, in all solicitations or advertisements for employees placed by them on their behalf state that all qualified applicants will receive consideration for employment without regard to age, race, religion, color, sex, or national origin. c. The Bidder shall, to the greatest extent practicable and in compliance with federal and state law, employ residents of the North Slope Borough, where available and qualified. d. The Borough may audit the employment records of the Bidder at any time. At the request of the Borough, Bidder shall explain, either orally or in writing, the reason why a particular position, if any, has not been filled from among the residents of the Borough. 1.17

REJECTION OF BIDS The Borough reserves the right to reject any or all Bids without cause. Without limiting the generality of the foregoing, the Borough may reject any Bid which is incomplete, not responsive, obscure or irregular, and any Bid from a bidder which has previously failed to perform satisfactorily or to complete on time work of any nature. 1.18

ACCEPTANCE OF BID a. Within sixty (60) days after the time last announced for opening Bids, the Borough may act either to accept a Bid or to reject all Bids. Failure of the Borough to accept a Bid within the said time, or such additional time as the apparent highest rated responsive bidder shall agree to extend its Bid, shall constitute rejection of all Bids, subject to the above paragraph entitled "Evaluation of Bids". b. The acceptance of a Bid will be evidenced by a notice of acceptance of Bid in writing signed by a duly authorized official of the Borough and delivered to the bidder whose Bid is accepted, in the manner provided for written notices. 1.19

BID GUARANTY A Bid guaranty is not required for this Request For Proposal.

1.20

SCHEDULE OF WORK Not applicable.

1.21

SPECIAL INSTRUCTIONS a. The contents of the Proposals remain confidential until a Notice of Intent to Award a contract is issued and thereafter all proposals are open for public inspection. b. The Borough assumes no liability in the event of cancellation of the Project. c. All costs associated with the proposal preparation, submission, presentation, etc. are the responsibility of the Bidder. d. The NSB reserves the right to include additional terms and conditions in the Contract during negotiations with the highest rated bidder that are within the general scope of the original RFP.

1.22

BIDDERS WHO ARE JOINT VENTURES. If the bidder for this project is a joint venture, it must submit a joint venture agreement for approval specific to this bid concurrently with their Bid. Amendments to the joint venture agreement shall not be permitted subsequent to the Bid opening.

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1.23

BIDDER'S CHECK LIST For Submittal of the Proposal Submit six (6) copies (one original, five copies) of the Proposal containing: (1) Proposal (Indicate highest # of addendum received) (2) Project Certification (3) Non-Collusion Affidavit (4) Disclosure of Ownership (5) State Business License (6) Joint Venture Agreement (if applicable)

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Helicopter Specifications / Requirements

1. One new or like new (less than 500 hours) day, night, VFR, IFR, certified helicopter 2. Operate in extremely cold weather/ -40C minimum with Jet-A fuel 3. Certified for flight into known icing conditions 4. Dual external electrical hoist /with light for night operations 5. Emergency flotation 6. 600NM range + 30 min reserve with crew of 5@220lb each 7. Certified NVG compatible cockpit 8. Night sun with infrared filter 9. Search light and scene lighting 10. FLIR with SAR operators console in cabin 11. SAR 4 axis automatic flight control system with auto hover 12. Iridium satellite phone accessible from cockpit and cabin 13. Intercom system for flight crew to cabin crew communication 14. FM 2 position in cabin area 15. VHF/UHF/AM/FM radio; VHF aft cabin interface 16. Direction finder

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17. Single point pressure refueling 18. EGPWS 19. ADSB 20. Dual radar altimeters 21. Dual FMS with multi-mission SAR capability 22. Weather radar 23. Polycon wireless intercom system 24. 10 utility seats minimum 25. Traffic Collision Avoidance System (TCAS II) 26. Automatic deployable ELT 27. Health and Usage Management System 28. Triple litter kit 29. High latitude polar navigation capability 30. Independent standby instruments for attitude, altitude, airspeed, heading 31. Gravity refueling port 32. Loudhailer (Optional) 33. Approach plate holders for pilot and copilot 34. Sea going life raft 35. Air conditioning

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36. Three crashworthy SAR crew seats 37. Two crashworthy flight crew seats 38. Digital map 39. Auxiliary fuel tank system 40. WAAS LPV 41. Bubble windows (right-side and left-side) 42. 28 VDC power socket in the cockpit for dual USB automotive type charging adapter 43. Cargo hook (3 ton minimum) 44. Tannis heating system 45. Cover kit – blades, window, rotor head and etc. 46. Ground support package 47. Tracking device that will be compatible with the Honeywell EMS Tracker 48. 6 - 110 VAC outlets in cabin area 49. Certified Medical Interior 50. Engine Power by the Hour 51. Airframe Parts by the Hour (Optional) 52. Airframe Training 4 mechanics 53. Engine Training 2 mechanics

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54. Avionics Training 2 mechanics 55. Pilot Training (at least 4 pilot) 56. Spare Parts Package 57. Ground Support Package to evaluate 58. North Slope Borough Search and Rescue Paint Scheme

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Contract No: NORTH SLOPE BOROUGH EQUIPMENT/MATERIAL PROCUREMENT AGREEMENT (SAMPLE ONLY) CIP No.: 64-125 Project: HELICOPTER REPLACEMENT PHASE I

and

THIS AGREEMENT is made between the NORTH SLOPE BOROUGH, hereinafter "Borough" , hereinafter "Supplier."

1.

Services of The Supplier a. This Agreement is for the supply of materials to the Borough. The Supplier shall perform the services described in Exhibit A within the time frames specified in Exhibit A. b. The Borough may by change order give authority to the Supplier to perform services in addition to those described in Exhibit A. The change order shall describe the additional services to be performed, the time frame within which the services must be performed and the compensation to be received for those services. Except as otherwise expressly stated in the change order, the additional services shall be in strict accordance with all terms and provisions of this Agreement. Without such change order from the Borough, the Supplier is neither authorized to perform services in addition to those described in Exhibit A nor is it entitled to any compensation other than that specified in Exhibit B. c. The Supplier shall at the Supplier's own expense furnish to the Borough a copy of all information requested by the Borough for review of the Supplier's services while in progress. d. The Borough shall provide the Supplier access in a timely manner, to those records, personnel and other items necessary for the Supplier to perform the services described in Exhibit A. 2.

Term and Cost The term of this Agreement shall be from the date of the issuance of the Notice to Proceed until in a total not to exceed amount of $ including reimbursables as detailed in Exhibit B, unless modified by change order. 3.

General Provisions a. Independent Contractor. The Supplier is an independent Contractor. It is neither an employee, partner, nor joint venturer with the Borough. b. No Assignment. The Supplier may neither assign this Agreement nor any rights thereunder nor delegate any of its duties without first obtaining the written consent of the Borough. c. Discrimination. The Supplier may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Supplier shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. d. Compliance With Laws. The Supplier agrees to comply with all applicable federal, state, and local laws and regulations.

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e. Other Suppliers. The Borough reserves the right to enter into separate Agreements directly with any Supplier for any services it deems necessary. f. Borough. Whenever reference is made in this Agreement to "the Borough", this reference is meant to include the Borough or the authorized representative of the Borough. g. Exhibits Exhibits A, B, and C attached to this agreement are incorporated into this agreement and made a part hereof. 4.

Insurance Requirements for Suppliers It is highly recommended that Suppliers confer with their respective insurance companies or brokers to determine if their insurance program complies with the Borough's insurance requirements. The Supplier shall procure and maintain the following insurance: a. Minimum Scope of Insurance Coverage shall be at least as broad as: I. Insurance Services Office form number CG 0001 (Edition 12 07) covering Commercial General Liability. II. Insurance Services Office form number CA 0001 (Edition 03 06) covering Automobile Liability, symbol 1 "any auto". III. Workers’ Compensation insurance as required by the State of Alaska and Employer’s Liability Insurance. IV. Property insurance against direct loss of physical damage, including perils associated with the shipment of freight and/or materials. Such coverage shall be in effect until the freight and/or materials are accepted by the Borough at its final destination. b.

Minimum Limits of Insurance Supplier shall maintain limits no less than: I. Aviation General Liability (1) $20,000,000 combined single limit per occurrence for bodily injury, property damage, personal injury and advertising injury. Coverage shall include Hangarkeepers Legal Liability coverage, providing a coverage in a minimum of $3,500,000, any one aircraft, for the Borough’s aircraft while in the care, custody and control of the Supplier. Coverage shall also apply to liability claims involving the aircraft's loss of use. The general aggregate limit shall be $20,000,000. The general aggregate limits shall apply separately to each project. (2) Supplier shall purchase and maintain in force at all times during the term of this agreement, and at its own cost, the insurance policies required herein. Failure to furnish proper evidence of insurance, or the lapse of insurance required under the provisions of the contract, may be grounds for termination. (3) The insurance companies shall be rated no less than A-7 by AM Best rating service. North Slope Borough reserves the right to review and revise any of the following insurance requirements, based on insurance market conditions, availability or affordability of coverage, or changes within the scope of work that applies to this contract. In addition, North Slope Borough reserves the right to reject any insurance policies that fail to meet the criteria listed within this section, or insurance carriers that are in poor financial condition or become in poor financial condition during the term of this contract. (4) If the Supplier utilizes a subcontractor(s) to perform any part of the work under this Agreement, the Aviation General Liability insurance shall not contain any endorsements that exclude the work of the subcontractor(s). II.

Auto Liability (1) $1,000,000 combined single limit per accident for bodily injury and

property damage.

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(2) For any Borough auto(s) being driven by the Supplier (including any employee, supervisor, manager, agent, subcontractor or their employee, supervisor, manager, agent, etc.), the Supplier agrees to insure that vehicle(s) as a scheduled auto(s) to their auto policy. It is agreed that the Supplier’s auto policy will: a. Provide the primary liability insurance for the Borough auto(s) as though the auto(s) were a leased auto(s), naming the Borough as an additional insured and loss payee; and b. Provide for physical damage losses (both comprehensive and collision) with a deductible of no more than $1,000 per accident and naming the Borough as an additional insured and loss payee. III.

Worker's Compensation and Employers Liability Workers’ Compensation shall be statutory as required by the State of Alaska. Employer’s Liability shall be endorsed to the following minimum limits: Bodily Injury By Accident - $1,000,000 each accident; Bodily Injury By Disease - $1,000,000 each employee; Bodily Injury By Disease - $1,000,000 policy limit. IV.

Property Insurance Full contract value, per occurrence for each shipment

V.

Excess Liability (1) In order to meet the required minimum limits of insurance it is permissible for the Supplier to combine an excess liability or umbrella policy with the general liability, auto liability or employer’s liability. In the instance where the Supplier purchases an excess liability or umbrella policy the occurrence limit and the aggregate limit may be of the same amount on the excess liability or umbrella policy. (2) Excess liability insurance shall be maintained in effect until final acceptance by the Borough of the completed construction and, for products liability and completed operations liability, at least five years thereafter. (3) If the excess liability insurance is written on a claims-made form, the Supplier shall provide insurance for a period of two years after final payment of this Agreement. The policy(s) shall evidence a retroactive date, no later than the beginning of this Agreement. c.

Deductibles and Self-Insured Retention Prior to work commencing any deductible or self-insured retention must be declared and approved by the Borough. The Supplier may be requested to demonstrate how the deductible or self-insured retention will be funded in the event of a claim. At the option of the Borough, the Supplier shall reduce or eliminate such deductibles or self-insured retention as respects the Borough, its officers, officials, employees and volunteers; or the Supplier shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d.

Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: I.

General Liability, Automobile Liability and Excess Liability (1) The Borough, its Administrator, officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Supplier; products and completed operations of the Supplier,

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premises owned, occupied or used by the Supplier, or automobiles owned, leased, hired or borrowed by the Supplier. The coverage shall contain no special limitation on the scope of protection afforded to the Borough, its Administrator, officers, officials, employees and volunteers. (2) The Supplier's insurance coverage shall be primary insurance as respects the Borough, its Administrator, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Borough, its Administrator, officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute to it. (3) The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Workers’ Compensation and Employer's Liability The Supplier’s insurer shall agree to waive all rights of subrogation against the Borough, its Administrator, officers, officials, employees and volunteers for losses arising from work performed by the Supplier or any subcontractor for the Borough. II.

III.

Property Insurance (1) The Borough, its officers, officials, employees, volunteers and all subcontractors are to be covered as additional insureds as respects the building(s) or structure(s) to which this Agreement applies. The coverage shall contain no special limitation on the scope of protection afforded to the Borough, its officers, officials, employees and volunteers. (2) The Supplier’s insurance coverage shall be primary insurance as respects the Borough, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the Borough, its officers, officials, employees and volunteers shall be excess of the Supplier’s insurance and shall not contribute to it. (3) The Borough must be added as a Loss Payee under the Supplier’s property policy. IV.

All Insurance Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after 30 days prior written notice for nonpayment of premium or fraud on the part of the Supplier or 60 days prior written notice for any other reason by certified mail, return receipt requested, has been given to the Borough. Such notice shall be mailed by the Supplier’s insurer(s) to the attention of the Borough's Risk Manager. e.

Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-: VII.

f.

Verification of Coverage Supplier shall furnish the Borough with approved certificates of insurance and with certified copies of all endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates of insurance are to be received and approved by the Borough before the contract is processed. The Borough reserves the right to require complete, certified copies of all required insurance policies, at any time. g.

Subcontractors Supplier shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all requirements stated herein. 5.

Indemnity

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Supplier agrees to indemnify, defend (with legal counsel approved by the Borough), and hold the Borough and its administrators, officers, agents, employees, volunteers and servants harmless from and against any and all claims, demands, actions, losses, expenses, and liabilities for, or related to, loss of or damage to property or injury to or death of any person relating to or arising or resulting in any way from the performance by the Supplier or any of its subcontractors under the Agreement, or the Work or Services provided or the condition or use thereof, regardless of any negligence of the Borough or their respective agents or employees, excepting only such loss, damage, injury or death which results solely from the negligence or willful misconduct of the Borough or solely from the joint negligence or willful misconduct of the Borough and a third party directed by the Borough. 6.

Benefits It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of the Agreement to create in the public or any member thereof a third party benefit hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 7.

Notice to Proceed This Agreement shall not be binding upon the Borough or the Supplier until the Borough furnishes a Notice to Proceed. The Notice to Proceed shall be attached to and made a part of this Agreement. Any work done by the Supplier before the Notice is furnished and attached to this Agreement shall be at the Supplier's own expense and risk, provided that the Supplier shall be compensated for such work under this Agreement, if any such Notice is later furnished and attached to this Agreement. 8.

Termination and/or Suspension of Services The Borough may terminate and/or suspend this Agreement in whole or in part whenever for any reason the Borough determines that such termination and/or suspension is in its best interests. Such termination and/or suspension shall be effected by personal delivery or by sending to the Supplier by certified mail notice of termination and/or suspension specifying the extent to which performance of work under this Agreement is terminated and/or suspended. The date of termination and/or suspension shall be the seventh calendar day after the Supplier's receipt of the notice. If a suspended project is reinstituted, the payment due by the terms of this Agreement shall be equitably adjusted. In the event of any termination and/or suspension of this Agreement as provided herein, the Borough shall pay the Supplier, as full payment for all services performed and all expenses incurred by the Supplier under this Agreement all sums actually due and owing to the Supplier by the Borough under this Agreement on the effective date of the termination and/or suspension of the Agreement. 9.

Law and Venue This Agreement shall be governed by the laws of the State of Alaska. Venue for any legal proceeding relating to this Agreement shall be in the Superior Court in Barrow, Alaska. 10.

Dispute Resolution. This Contract shall be construed under the law of the State of Alaska. Venue for claims arising under this Contract shall be Barrow, Alaska. Prior to initiating court action, the Supplier and the Borough shall in good faith seek to settle or resolve the controversy by submitting the matter to mediation in Barrow, Alaska. This mediation will begin upon at least thirty (30), but no more than sixty (60) days prior written notice given by the Supplier or the Borough within the time for commencing a legal action involving the controversy. The independent third party Mediator will be selected by mutual consent of both Parties from a list of available members of the American Arbitration Association. 11.

Payment of Taxes

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The Supplier shall not be responsible for the provision or payment of insurance, taxes or costs incurred by subcontractors or personnel not on the Supplier's payroll. However, the Supplier shall secure, upon request by the Borough, written verification by subcontractors that all required insurance has been obtained and that all taxes have been paid. 12.

Notice Unless otherwise provided herein, any notices or other communications required to be delivered to the Borough or the Supplier shall be in writing and shall be considered delivered when personally delivered to the party to whom it is addressed, when deposited in the United States mail, first-class, postage prepaid, addressed to the Borough or the Supplier at the following address: North Slope Borough PO Box 69 Barrow, Alaska 99723



13.

Disbursement of Moneys All disbursement of moneys by the Borough hereunder shall be subject to set off pursuant to the North Slope Borough Municipal Code § 3.05.070. 14.

Entire Agreement This Agreement constitutes the entire Agreement between the Borough and the Supplier as to the matters stated herein. It supersedes all prior oral and written understandings and agreements as to such matters. It may be amended, supplemented, modified or canceled only by a duly executed written instrument. It shall bind the Borough and the Supplier, its successors, executors, administrators, assigns and legal representatives. DATED the day and year last written below. NORTH SLOPE BOROUGH

PO Box 69 Barrow, AK 99723

By: Charlotte E. Brower, Mayor Date:

(SUPPLIER'S NAME) (ADDRESS) By: (Name of Signing Officer) Date:

Reviewed As To Form:

North Slope Borough Law Department

RFP – CIP Project # 64125 Helicopter Replacement Phase I

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EXHIBIT A (SCOPE OF SERVICES) 1. The work to be performed under this Agreement shall be commenced effective upon the issuance of the Notice to Proceed, and shall be substantially completed not later than the day of , 20 . For purposes of final billing, contract close out and other document processing, the final completion date of this Agreement shall be the day of , 20 , unless modified by change order. 2. The Supplier shall perform all work required by the Agreement for the above-described project. The work which the Supplier is required to perform for this project consists of the following: (BE SPECIFIC)

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EXHIBIT B (HOURLY RATE METHOD OF PAYMENT)

1. Compensation. The Borough shall pay to the Supplier as compensation for the services the Supplier rendered in accordance with the terms of this Agreement a fee as follows: Description

Hourly Billing Rate

Est. # Hours

TOTAL NOT TO EXCEED $ a. Reimbursables. In addition to the sum set forth above, the following expenses, incurred as a direct result of the services performed hereunder, shall be reimbursed at the rate of times the actual cost paid by the Supplier, in a not to exceed amount of $ . Reimbursables shall include the following: LIST REIMBURSABLES HERE

Supplier shall not be entitled to reimbursement for any expenses other than those specifically set out in this paragraph. Supplier shall submit actual invoices for all reimbursable expenses for which Supplier seeks reimbursement hereunder. b. Total Compensation. Unless expressly agreed to in writing by the Borough and the Supplier, the maximum payment by the Borough to the Supplier for services rendered, and reimbursable expenses, in accordance with the terms of this Agreement shall be $ . 2. Manner of Payment. The Borough shall make payments to the Supplier as follows: The Supplier shall submit monthly invoices for services rendered and for reimbursable expenses incurred within thirty days of performance of the service or incurring the expense. The invoice shall itemize the hours worked, tasks addressed and/or completed, identifying the number and classification of hours worked in each task. Reimbursables shall be supported by true, correct and legible copies of Supplier's invoices for authorized reimbursables. Any claim for payment for services or expenses after more than thirty days shall be refused by the Borough. The Borough may, however, at its discretion, accept such a late claim upon a showing by the Supplier of a valid cause for the delay. Statements for services rendered shall be based upon Supplier's estimate of the proportion of the services actually completed at the time of the billing. If the Borough objects to any statements or portions thereof submitted by the Supplier, the undisputed portion shall be paid.

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EXHIBIT B (FIXED RATE) 1. Compensation. The Borough shall pay to the Supplier as compensation for the services the Supplier rendered in accordance with the terms of this Agreement, in a TOTAL AMOUNT NOT TO EXCEED: $ . b. Total Compensation. Unless expressly agreed to in writing by the Borough and the Supplier, the maximum payment by the Borough to the Supplier for services rendered, and reimbursable expenses, in accordance with the terms of this Agreement shall be $ . 2. Manner of Payment. The Borough shall make payments to the Supplier as follows: The Supplier shall submit monthly invoices for services rendered and for reimbursable expenses incurred within thirty days of performance of the service or incurring the expense. The invoice shall itemize the hours worked, tasks addressed during the itemized hours; and shall include copies of invoices for reimbursable. Reimbursable shall be supported by true, correct and legible copies of Supplier's invoices for authorized reimbursable. Any claim for payment for services or expenses after more than thirty days shall be refused by the Borough. The Borough may, however, at its discretion, accept such a late claim upon a showing by the Supplier of a valid cause for the delay. Statements for services rendered shall be based upon Supplier's estimate of the proportion of the services actually completed at the time of the billing. If the Borough objects to any statements or portions thereof submitted by the Supplier, the undisputed portion shall be paid.

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EXHIBIT C (SPECIAL CONDITIONS) This Agreement is subject to the following special provisions:

END OF SECTION

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Project Certification Project Number: 64-125 Project: Helicopter Replacement Phase I

Information of Firm or Individual Submitting Proposal Firm / Individual: State of ___________ Business License number:

Certification I certify that I am a duly authorized representative of the Firm or Individual listed below and that the information and material enclosed with this proposal accurately represent capabilities of the Firm’s or Individual’s offices identified herein for providing services indicated. I further certify to the best of my knowledge and belief, any cost and pricing data submitted herewith is accurate, complete and current as of the date signed below and will continue to be accurate and complete during the performance of the contract, if awarded. The contracting Agency is hereby authorized to request any entity identified in this proposal to furnish information deemed necessary to verify the reputation and capabilities of the Firm or Individual. This proposal is valid for at least sixty days.

Signature: Print Name:

Date:

Title:

Telephone:

Address for which this submittal is made: Fax: ________________________________________________ Email Address: ________________________________________ Street:

___

_____ __

P.O. Box: City, State, Zip:

RFP – CIP Project # 64125 Helicopter Replacement Phase I

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NON-COLLUSION AFFIDAVIT

UNITED STATES OF AMERICA

) ) ss

STATE OF ___________

)

I,

, of (Name of Officer)

(Name of Firm)

being duly sworn, do depose and state: That I, or the firm, association or corporation of which I am a member, a bidder on the contract to be awarded by the North Slope Borough, Alaska for the completion of that certain project designated as Project Number 64-125 and described as Helicopter Replacement Phase I , have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Signature)

(Typed or Printed)

SUBSCRIBED AND SWORN to before me this

day of

, 20__.

Notary Public in and for the State of ___________. My Commission expires:

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DISCLOSURE OF OWNERSHIP NSBMC § 2.36.030 CONFLICT OF INTEREST (B) DISCLOSURE OF OWNERSHIP. All persons, companies, organizations, or other entities contracting with the Borough must disclose the names of any owners, directors, and officers. This disclosure must accompany any bid submitted for a contract with the Borough. In cases where competitive bidding has been waived, the above disclosure must accompany the contract.

SUPPLIER/COMPANY NAME Supplier intends to do business as: Sole Proprietor Joint Venture

Partnership

Corporation

Other:

Owner (s) of all involved: (give percentage of ownership) Name

Percentage

Title

% % %

Directors or Officers of this firm: Name

Office or Title

Signature of person holding signature authority

Company Name

Date

Title

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PROPOSAL EVALUATION FORM NORTH SLOPE BOROUGH HELICOPTER REPLACEMENT PHASE I PROJECT No. 64-125

Name of Firm/Individual

__________________________________________

Name of Evaluator

__________________________________________

Instructions for Evaluation Committee Members: 1) 2)

Read and familiarize yourself with ALL proposals. Go back and evaluate individual proposals.

Points to be awarded accordingly: Percentages will be used to determine the points received by each proposer using the maximum points available for the applicable option proposed. Final calculations will be made by the evaluation committee chairperson. Evaluators need to either circle only or award points as applicable in each category. Maximum points available for each criterion depending on option proposed:

#

Evaluation Criteria

Points

1

Responsiveness to Aircraft Requirements

200

2

Aircraft Availability

175

3

Cost/Sale Price Including Shipping

175

4

Training Package

100

5

Maintenance Program

100

6

Safety Program

50

7

Warranty

50

8

Customer Service and Technical Support

150

Totals

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1000

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1. Responsiveness to Aircraft Requirements This is a list of required equipment for the aircraft. Evaluators will award one point, unless otherwise noted, for each item that the proposer’s aircraft has installed. FYI only: The total points received will be converted into a percentage. That percentage will then be used to determine total points for this criterion. Optional items do not count. 

One new or like new (less than 500 hours) day, night, VFR, IFR, certified helicopter



Operate in extremely cold weather/ -40C minimum with Jet-A fuel



Certified for flight into known icing conditions



Dual external electrical hoist /with light for night operations



Emergency flotation



600NM range + 30 min reserve with crew of 5@220lb each



Certified NVG compatible cockpit



Night sun with infrared filter



Search light and scene lighting



FLIR with SAR operators console in cabin



SAR 4 axis automatic flight control system with auto hover



Iridium satellite phone accessible from cockpit and cabin



Intercom system for flight crew to cabin crew communication

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FM 2 position in cabin area



VHF/UHF/AM/FM radio; VHF aft cabin interface



Direction finder



Single point pressure refueling



EGPWS



ADSB



Dual radar altimeters



Dual FMS with multi-mission SAR capability



Weather radar



Polycon wireless intercom system



10 utility seats minimum



Traffic Collision Avoidance System (TCAS II)



Automatic deployable ELT



Health and Usage Management System



Triple litter kit



High latitude polar navigation capability



Independent standby instruments for attitude, altitude, airspeed, heading

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Gravity refueling port



Loudhailer (Optional)



Approach plate holders for pilot and copilot



Sea going life raft



Air conditioning



Three crashworthy SAR crew seats



Two crashworthy flight crew seats



Digital map



Auxiliary fuel tank system



WAAS LPV



Bubble windows (right-side and left-side)



28 VDC power socket in the cockpit for dual USB automotive type charging adapter



Cargo hook (3 ton minimum)



Tannis heating system



Cover kit – blades, window, rotor head and etc.



Ground support package



Tracking device that will be compatible with the Honeywell EMS Tracker

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6 - 110 VAC outlets in cabin area



Certified Medical Interior



Engine Power by the Hour



Airframe Parts by the Hour (Optional)



Airframe Training 4 mechanics



Engine Training 2 mechanics



Avionics Training 2 mechanics



Pilot Training (at least 4 pilots)



Spare Parts Package



Ground Support Package to evaluate



North Slope Borough Search and Rescue Paint Scheme

Responsiveness to Aircraft Requirements points: ______

2. Availability (Circle one) Please provide a timeline of deliverables; preferably using Microsoft Project from Notice to Proceed to Delivery, to include Training and Warranty Period. Availability points: ______

3. Sale Price (TBD– the point system for Sale Price will be determined upon receipt of proposals) The sale price to purchase aircraft must be specified by the proposer. A lower sale price is desirable. Sale Price points: ______

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4. Training Program – Please describe your company training program and how it will be implemented for this contract. Attach a copy of any company training plans or policies) Training Program points: ______ 5. Maintenance Program – Please describe the methodology used for maintenance. examples of scheduled or progressive programs.

Attach

Maintenance Program points: ______ 6. Safety Program – Proposer must specify their safety program. Safety Program points: ______ 7. Warranty – Proposer must specify the terms of warranty that the engines will have. Evaluators will review the warranty terms to determine what best fits the needs of the North Slope Borough. Warranty points: ______ 8. Customer Service and Technical Support – The ability to obtain excellent customer service and technical support at any time is crucial to our operations. Proposers will be evaluated based on availability, resources, and history of providing customer service and technical support. Customer Service and Technical Support points: ______

Name of Firm/Individual: ________________________

RFP – Project # 64125 Helicopter Replacement Phase I

Grand Total points: ________

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