IFB 25088 Badger Area.pdf

DEPARTMENT OF GENERAL SERVICES

Procurement procurement@fnsb.gov Main: (907) 459-1293

Fax: (907) 459-1100

Fair banks Nor th Star Bor ough

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

COVER SHEET THIS IS NOT AN ORDER

IFB NO. 25088

Road Service Area Group: Badger Area

Garden Service Area Pleasureland Service Area

BID SUBMITTAL DEADLINE: May 23, 2025 Question Deadline: May 16, 2025

SUBMIT QUESTIONS AND BIDS TO:

https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough

FOR ASSISTANCE, CONTACT:

David Bates, FNSB Procurement Specialist (907) 459-1293 Email: procurement@fnsb.gov

THE ATTACHED TERMS & CONDITIONS SHALL BECOME PART OF ANY CONTRACT

RESULTING FROM THIS INVITATION FOR BID (IFB).

BIDS SHALL BE SUBMITTED ON THE FORMS FURNISHED AND MUST INCLUDE ORIGINAL SIGNATURES.

DATE OF BID: AK BUSINESS LICENSE NUMBER:

BUSINESS NAME:

MAILING ADDRESS:

PHYSICAL LOCATION:

PHONE NUMBER: EMAIL ADDRESS:

BY:

Print Name Signature

BY SIGNING THIS COVER SHEET, THE BIDDER AGREES TO ALL TERMS AND CONDITIONS OF THIS IFB.

mailto:procurement@fnsb.gov https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough mailto:procurement@fnsb.gov

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

ROAD SERVICE AREA GROUP: BADGER AREA

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

TABLE OF CONTENTS

A. INSTRUCTIONS TO BIDDERS

B. TERMS AND CONDITIONS

C. SCOPE OF SERVICES/SPECIFICATIONS

D. SAMPLE STANDARD FORM OF AGREEMENT

E. NON-COLLUSION AFFIDAVIT

F. CERTIFICATION OF NO CONFLICT OF INTEREST

G. NO RESPONSE FORM

H. BIDDER'S CHECK LIST

I. BID FORM(S)

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

A. INSTRUCTIONS TO BIDDERS

1. BID REVIEW

1.1 Bidders shall carefully review this IFB for defects and questionable or objectionable material. Questions regarding the IFB shall be submitted through BidNet at the address and deadline shown on the cover page. Bidder protests based upon any omissions, or errors, or the content of the IFB will be disallowed if not made known prior to the bid opening.

2. INTERPRETATION OR REPRESENTATIONS

2.1 The Fairbanks North Star Borough assumes no responsibility for any interpretation or representations made by any of its officers or agents unless interpretations or representations are incorporated in a written addendum to the IFB.

3. ADDENDA

3.1 If any addenda are issued to this IFB, the bidder shall acknowledge the receipt of such addenda in the space provided on the bid form. It is the bidder’s responsibility to determine if any addenda have been issued to an IFB prior to the opening date and time of the IFB. Bids that fail to acknowledge receipt of addenda may in the sole discretion of the Borough be considered non-responsive.

4. BID FORMS

4.1 Bids must be electronically submitted, using the designated Bid Form, to BidNet prior to the deadline on the cover sheet of this IFB to be considered responsive. Bids and other attachments must be uploaded in PDF form.

5. PRICES

5.1 The bidder shall state prices in the units of issue on this IFB. Prices quoted for commodities or services must be in U.S. funds and include applicable federal duty, brokerage fees, packaging, and transportation cost to the FOB point so that upon transfer of title the commodity can be utilized, or the services can be provided, without further cost. Prices quoted in bids must be exclusive of federal, state and local taxes. If the bidder believes that certain taxes are payable by the Borough, the bidder may list such taxes separately, directly below the bid price for the affected item.

6. ALTERNATE BIDS

6.1 Alternate bids will not be considered unless specifically requested.

7. WITHDRAWAL, MODIFICATION, OR CORRECTION

7.1 After submitting a bid, a bidder may withdraw, modify, or correct their bid in BidNet at any time prior to the submission deadline.

8. VENDOR TAX ID NUMBER

8.1 If goods or services procured through this IFB 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 Fairbanks North Star Borough before payment will be made.

9. BID BOND/BUSINESS LICENSE

9.1 A business license, certificate of insurance, signed contract documents and any bonds or cash sureties must be received from the successful bidder, by the Purchasing Division within ten (10) days after issue of the Letter of Award. Failure to provide the required documents within the stated time may, at the borough’s discretion, result in the termination of the award.

9.2 Each bid shall be accompanied by a certified check, bank cashier’s check, bid bond issued by a surety company licensed to do business in the State of Alaska and is rated ”A-“ or higher by A.M. Best Company, in an amount equal to at least five percent (5%) of the bid and payable without condition to the Borough.

9.3 The Borough may retain the bid guaranty of bidders to whom an award is being considered until either

(a) the agreement has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that bids may be withdrawn, or (c) all bids have been rejected.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

9.4 If the bidder elects to provide the bid guarantee in the form of a bid bond, the bidder shall submit the bond on the form supplied. The persons executing the bid bonds on behalf of the bidder and their surety shall be authorized to bind their respective companies and shall provide original signatures. Any power of attorneys attached to the bid bonds shall be regular and effective in all respects. Failure to provide the original signatures by authorized persons or to provide effective power of attorneys, for persons so required, shall render the bid non-responsive.

10. FILING A PROTEST

10.1 Any actual or prospective bidder or contractor who is aggrieved in connection with the bid or award of a resulting contract may protest to the Chief Procurement Officer. A protest with respect to an IFB shall be submitted in writing prior to the opening of bids, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to the bid opening. The protest shall be submitted within five (5) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.

10.2 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 bid at 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 16.40.010.

10.3 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.

11. RESPONSIBILITY TO KEEP INFORMED

11.1 It is the responsibility of the potential bidder to keep informed. Failure to do so may result in their bid being declared non-responsive.

12. PLAN HOLDER REGISTRATION

12.1 Only bidders that have registered on BidNet will receive future official notice of any addenda for the solicitation they intend to bid. Borough purchasing information and notification service is available to all businesses and organizations that want to sell to the Borough. Anyone may access Borough procurement solicitations on BidNet.

13. COMPLIANCE

13.1 In the performance of a contract that results from this IFB, the contractor must comply with all applicable federal, state, borough and other local regulations, codes, and laws, and be responsible for all required insurance, licenses, permits, and bonds.

14. SUITABLE MATERIAL

14.1 Unless otherwise specified, all materials, supplies, or equipment offered by a bidder shall be new, unused, of recent manufacture, and suitable for the manufacturer's intended purpose.

14.2 The bidder warrants all articles, materials, and equipment supplied under a contract resulting from this bid conform to the specifications of this contract, to be fit and sufficient for the use specified, to be of merchantable quality, and to be free from defect of materials or workmanship. Equipment, articles, and/or materials received which do not conform to the above warranties may be held at the bidder’s risk of loss or damages or returned at the bidder’s expense at the discretion of Purchasing.

15. BRAND NAME OR EQUAL:

15.1 The use of a “brand name only” specification is for the purpose of describing the sole item that will satisfy the Borough’s requirements. Bids offering alternate products will be declared non-responsive.

15.2 The use of a “brand name or equal” specification is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. To be considered substantially equivalent, or “equal” to the specified brand, items in question must be of sufficiently similar quality, capacity, durability, performance, utility and productivity as provided by the specified brand. This determination is made by the Chief Procurement Officer.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

15.3 The use of a “brand name or pre-approved equal” specification with a reference to a brand name or model number does not preclude an offer of a comparable or better product, if full specifications and descriptive literature are provided. Bidder shall submit a Substitution Request form for a proposed equal to Purchasing at least seven (7) days prior to the bid opening date and time to allow the Borough to make a determination of equality to the brand specified. If the Borough approves the proposed equal, an addendum to the bid will be issued specifically identifying the item as a pre-approved equivalent. Failure to provide such specifications and descriptive literature may be cause for rejection of the offer.

16. SPECIFICATIONS

16.1 If the specifications describing an item conflict with a brand name or model number describing the item, the specifications govern.

17. FIRM OFFER

17.1 Offers made in accordance with this IFB must be valid and firm for a period of ninety (90) days from the date of bid opening.

18. EXTENSION OF PRICES

18.1 In the case of error in the extension of prices in the bid, the unit price will govern; in a lot bid, the lot price will govern.

19. BID PREPARATION COSTS

19.1 The Borough is not liable for any costs incurred by the bidder in bid preparation.

20. CONTRACT FUNDING

20.1 Borough funds are available for the initial purchase and/or the first term of the contract resulting from this IFB. Payment and performance obligations for future purchases and/or contract renewals are subject to the availability and appropriation of funds.

21. ETHICS

Bidder acknowledges that Section 16.44.030 of the Fairbanks North Star Borough Code provides as follows:

21.1 "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 advice, 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 therefore.

21.2 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."

21.3 Bidder agrees to follow the terms of this ordinance.

22. LATE BIDS

22.1 It is the sole responsibility of the bidder to see that their bid is submitted in time. Bids cannot be submitted to BidNet after the opening time.

22.2 All times shown in this document, including for deadlines and conferences, are expressed in Alaska Prevailing Time.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

23. MANUFACTURER'S AUTHORIZATION:

23.1 The low bidder must be the manufacturer of the product offered or shall provide, if requested, within ten (10) days from the publish date of the Notice Of Award, evidence from an official of the manufacturer, stating that the bidder is qualified as an authorized dealer or reseller and has the authority to sell the product being offered and pass the manufacturer's warranty through to the Borough with all first holder benefits of the warranty. Failure to provide the required document within ten (10) days after issue of the Notice of Award may, at the Borough’s discretion, result in the termination of the award.

23. LOCAL BIDDER PREFERENCE

24.1 Bidder acknowledges that Section 16.16.050 of the Fairbanks North Star Borough Code provides as follows:

"In the award of contracts for goods or services, if otherwise in full conformity with the IFBs, a local bidder who has a valid business license to provide such goods or services shall be considered as low bidder if its bid is the lesser of five percent or forty thousand dollars in excess of the lowest bid received from a nonlocal bidder located elsewhere in Alaska, or the lesser of ten percent or eighty thousand dollars in excess of the lowest bid received from non-Alaska bidders." This local bidder preference shall be applied to all IFBs unless:

(1) prohibited by federal or state law or a grant requirement or

(2) the purchased good or service will be included in the cost allocation pool from which the administrative fee is determined.

FNSB Code of Ordinances 16.04.010, defines a "local bidder" as a person who has a place of business located in the Fairbanks North Star Borough, which is staffed by an employee or employees as their permanent employment year-round in the normal course of business.

24. ACCEPTANCE OR REJECTION OF BIDS

25.1 The Borough may accept or reject any or all bids for good cause shown, to waive minor deviations from the specifications, and to waive any informality in bids received, when such acceptance, rejection, or waiver is in the best interest of the Borough. Informalities in bids are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible, and waiver of the informality does not grant the bidder a competitive advantage.

25.2 The Borough may cancel the IFB if such cancellation is in its best interest.

25.3 A bid may be rejected when:

1. the bidder is not in a position to perform the contract;

2. the bid is not signed by hand;

3. the bidder fails to furnish bid bonds or surety deposits, plans, specifications, samples, and so forth, when any were specifically called for in the IFB, and within the time limit indicated;

4. the bidder has failed to use the required bid form;

5. the bidder fails to provide, with the bid, descriptive literature necessary to determine the responsiveness of the bid;

6. the bidder otherwise fails to qualify as a responsible and responsive bidder under

FNSB 16.04.010; or

7. the Borough Assembly does not approve the award.

25.4 Prior to award, the FNSB reserves the right to inspect the Contractor’s equipment or require the Contractor to demonstrate their ability to obtain the necessary equipment required to perform the scope of work. The FNSB may reject any bid based on the FNSB’s determination, in its sole discretion, that the equipment is not sufficient to perform the required services.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

26. PRE-BID CONFERENCE

26.1 A pre-bid conference, if required, will be held at the time and place specified on the face of this IFB. The purpose of this conference is to allow for detailed discussion and clarification. All prospective bidders are encouraged to attend.

26.2 If the pre-bid conference is mandatory, this will be noted on the cover sheet of this IFB. Bidders who fail to attend a mandatory pre-bid conference shall be declared non-responsive and eliminated from consideration.

27. UNBALANCED AND BUY-IN BIDS

27.1 Bids that, in the sole opinion of the FNSB, are determined to be “unbalanced” or “buy-in” bids may be declared non-responsive and eliminated from further consideration.

28. ORGANIZATIONAL CONFLICTS OF INTEREST

28.1 The bidder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest.

An organizational conflict of interest exists when, because of existing or planned activities, or because of relationships with other persons:

1. a bidder is unable or potentially unable to render impartial assistance or advice to the Borough;

2. the bidder’s objectivity in performing the work is or might be otherwise impaired; or

3. the bidder has an unfair competitive advantage.

The bidder agrees that if an organizational conflict of interest is discovered after bid award, an immediate and full disclosure in writing shall be made to the Chief Procurement Officer that shall include a description of the action the bidder has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the Borough may, at its discretion, cancel the contract award. In the event the bidder was aware of an organizational conflict of interest prior to the award of the bid, and did not disclose the conflict to the CPO, the Borough may terminate the contract award for default. The provisions of this clause shall be included in all subcontracts for work to be performed.

29. PROMPT PAYMENT

29.1 The contractor is required to pay their subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment from the Borough. The contractor shall ensure prompt and full payment of retainage to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed prompt. The Borough shall utilize one of the following methods indicated below to ensure the contractor’s compliance with this requirement.

1. The Borough shall decline to hold retainage from the contractor and prohibits the contractor from holding retainage from the subcontractor.

2. The Borough shall decline to hold retainage from the contractor and requires the contractor to insert a clause in their subcontracts obligating the contractor to make prompt and full payment of any retainage kept by the contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed.

3. The Borough shall hold retainage from the contractor and provide for prompt and regular incremental acceptance of portions of the contract, pay retainage to the contractor based on these acceptances, and require the contractor to insert a clause in their subcontracts obligating the contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after the Borough’s payment to the contractor.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the contractor and Borough. When the Borough has made an incremental acceptance of a portion of a contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

The contractor agrees that any delay or postponement of payment among the parties may take place only for good cause, and only with the Borough’s prior written approval.

END OF INSTRUCTIONS TO BIDDER SECTON

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

B. TERMS AND CONDITIONS

The following conditions shall be part of any contract resulting from this bid:

1. GENERAL TERMS AND CONDITIONS

1.1 No modifications of any of the terms or conditions of this order, including, but not limited to, delivery, price, quality, quantities, and specifications, will be effective without the prior written consent of Purchasing.

1.2 Time of delivery is of the essence of this contract and the order is subject to cancellation for failure to deliver on time. Any exception to the delivery date specified in the Purchase Order must be approved in writing by Purchasing prior to the specified delivery date.

1.3 No charges will be allowed for delivery preparation, packing, containers, etc., unless such allowance is specifically stated.

1.4 Unless otherwise specified, shipments will be prepaid, via most economical common carrier, FOB destination. The Borough is exempt from federal excise and transportation taxes. A federal tax identification number will be furnished upon request. The Borough cannot accept COD shipments.

1.5 Vendor warrants the equipment, articles and/or materials furnished under the terms of this contract are unencumbered and not subject to any lien or claim.

1.6 A purchase order number MUST appear on all invoices, packing lists, packages, shipping notices, instruction manuals, and any correspondence.

1.7 A Memorandum of Contents shall be enclosed in each box or package.

1.8 The waiver of any breach of the terms of this contract by the Borough shall not constitute a waiver of any subsequent breach, nor shall any payment for goods delivered constitute such waiver.

1.9 Cash discount period on all invoices shall begin on the date shipment is received by the Borough. In the event of adjustment or damage to a shipment subject to cash discount, the discount period will begin on the date the shipment is finally accepted.

2. PAYMENT TERMS

2.1 The Service Area Commissioner or designee must accept work completed for the requested services as a condition of final payment. If, however, the Contractor asserts that acceptance is being unreasonably withheld or that payment is otherwise legally required, the Borough Attorney after consultation with the designee or the Chair, may authorize final payment without service are commission acceptance.

3. IMPOSSIBILITY TO PERFORM

3.1 The contractor is not liable for any failure to perform its obligations under this agreement, if that failure is caused by any unforeseeable force beyond the control of, and without the fault or negligence of, the contractor. For the purposes of this agreement, such forces shall mean any emergency under the Alaska Disaster Act (AS 26.23); war (whether declared or not); revolution; invasion; insurrection; riot; sabotage;

military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic;

quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment, or labor because of priority, allocation, or other regulations of any governmental authorities.

4. CONTRACT RENEWALS

4.1 The Borough reserves the option to renew a contract resulting from this solicitation upon written agreement of both Parties for four (4) additional one-year periods. All renewals are to be for a period of one year at the same terms, conditions, and price set forth herein. However, the Contractor, at least 120 days prior to the contract anniversary date, may request, in writing, changes to the terms, conditions, and pricing, other than those based upon the change in CPI. Approved changes do not constitute substantial changes to the contract and must be support with appropriate written documentation. The approval of any change(s) is at the sole determination of the Borough.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

4.2 If the contract is renewed, the yearly contract renewal period unit prices will be adjusted to the percentage change of the U.S. Department of Labor Consumer Price Index (CPI), Urban Anchorage, for the twelve-month period preceding the contract renewal date of July 1. However, if the CPI is negative, unit prices from the current contract period will prevail.

5. CONTRACT EXTENSION

5.1 The FNSB and the successful bidder agree:

1. that the Borough may extend the term of the contract on a month-to-month basis at the same rates specified in the contract at the end of the initial performance period, or the end of any exercised renewal;

2. any such extension shall not exceed 6 months;

3. all other terms and conditions shall remain in full force and effect; and

4. to provide written notice to the other party of the intent to cancel such month-to-month extension at least 30 days before the desired date of cancellation.

6. TERMINATION

6.1 Both parties may agree in writing to terminate this agreement at any time. Either party may terminate the contract if the other party fails to perform in the manner called for in the contract. The Borough may terminate the contract for its own convenience on thirty (30) days written notice; the agreement will terminate if the Borough Assembly fails to appropriate necessary funds or repeals all or substantially all of the appropriations which fund this agreement.

6.2 In case of default by the contractor, for any reason whatsoever, the Borough may procure the goods or services from another source and hold the contractor responsible for any resulting excess cost or other remedies under law or equity.

6.3 If this contract is terminated, the contractor has no further duty to perform other than that work reasonably necessary to stop work in a safe and workmanlike manner. Likewise, if this contract is terminated, the Borough has no further duty to pay the contractor except for the work satisfactorily completed or goods delivered and accepted, as of the date of termination, and the additional work completed as being reasonably necessary to stop work in a safe and workmanlike manner.

7. DISPUTES

7.1 Any dispute arising out of a contract resulting from this IFB shall be resolved under the laws of Alaska.

Any appeal of an administrative order and any original action to enforce any provision of a contract resulting from this IFB or to obtain any relief from remedy in connection with said contract may be brought only in the Superior Court for the Fourth Judicial District of Alaska.

8. CONTINUING OBLIGATION OF CONTRACTOR

8.1 Notwithstanding the expiration date of a contract resulting from this IFB, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance, and parts availability requirements have completely expired.

9. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY

9.1 The Borough is an Affirmative Action/Equal Opportunity Employer.

9.2 The Borough, 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.

10. CONTRACT DOCUMENTS

10.1 A procurement of goods valued in excess of $50,000 or greater will require a written contract between the successful bidder and the Fairbanks North Star Borough.

10.2 Bidding documents include this IFB and any written addenda issued by the Purchasing Division prior to bid opening, the bidder’s check list, the non-collusion affidavit, and the sample standard form of agreement.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

10.3 Contract documents proposed for the work consist of the standard form of agreement, the contractor acknowledgement, the technical specifications contained in the FNSB Standard Specifications for Local Road Maintenance 2024, the Service Area Supplemental Conditions listed in the IFB, the special conditions listed in the IFB, all written addenda or amendments issued before and all written modifications issued after execution of the contract including work orders and Request for Quotes.

11. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS PROVISION

11.1 The bidder 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:

• the bidder’s performance or non-performance of its duties under this contract; and/or

• any defect in any services provided by the bidder.

This duty to defend, indemnify, and hold harmless shall include the bidder’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.

11.2 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.

11.3 “Bidder” and “Borough” as used in this section include the employees, agents, subcontractors, and any other persons who are directly employed by or otherwise legally responsible, respectively to each party.

12. ASSIGNMENT

12.1 Assignment of rights and duties under a contract resulting from this IFB is not permitted unless authorized in writing by the Chief Procurement Officer.

13. INSURANCE

13.1 Prior to commencing any work under a purchase order/contract resulting from this IFB, the successful bidder will provide a certificate of insurance in a form acceptable to the Borough showing that they have the required insurance coverage. The required coverage must be obtained and maintained with an insurance company rated “Excellent” or “Superior” by A.M. Best Company, or specifically approved by the Borough risk manager. If a bidder has a question as to their ability to provide the required coverage they should consult with their agent or broker prior to submitting a response to the bid.

13.2 Limits: The successful bidder shall obtain insurance for not less than the following limits:

• Commercial general liability, occurrence basis: $1,000,000 limit per occurrence;

• Comprehensive automobile liability: $1,000,000 combined single limit;

• Workers’ Compensation coverage including Employer’s Liability with limits of: $100,000 each accident, $500,000 disease – policy limit, and $100,000 disease – each employee.

13.3 Automobile Liability Insurance: All autos or all owned, non-owned, and hired automobiles must be insured when the successful bidder is using them to do work resulting from this bid.

13.4 Workers’ Compensation: Any employee of the successful bidder must be covered by workers’ compensation insurance during the term of work resulting from this bid. This policy must be endorsed with a waiver of subrogation in favor of the Borough.

13.5 Alternate Coverage: A combination of primary and excess/umbrella policies may be used to fulfill the insurance requirements of this section.

13.6 Additional Insured: During the term of work, the bidder shall add and maintain the Borough as an additional insured in the bidder’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.

13.7 Certificate of Insurance: Prior to commencing any work under this Agreement, the successful bidder will provide a certificate of insurance in a form acceptable to the Borough showing that the bidder has the required insurance coverage.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

13.8 Cancellation: The insurer shall notify the Borough, in writing, no less than thirty (30) days before it cancels or refuses to renew the coverage required by this contract. The successful bidder shall ensure that the insurance policies include a provision requiring this prior notice. The successful bidder shall not materially alter their coverage limits, terms or conditions for the coverage requirements set forth in the contract.

13.9 Increased Coverage: If during the Agreement term the Borough requires higher limits of insurance than those listed in this section, and if the insurer raises the premium as a result of the higher limits of insurance, then the Borough will pay the Contractor the difference between the new and old premiums.

13.10 Subcontracting: The General Contractor is responsible to the Borough to verify insurance on all subcontractors and furnish copies of same to the Borough upon request. All subcontractors must carry and show proof of the minimum limits of liability indicated above.

14. WAGE RATES

14.1 A contractor or subcontractor who performs work on public construction in the state, as defined by AS

36.95.010 shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that contained in the latest determination of prevailing rate of wages issued by the Alaska Department of Labor and Workforce Development, which can be found on the internet at: http://www.labor.alaska.gov/lss/whhome.htm.

15. BIDDERS REPRESENTATIONS

Each bidder represents that:

15.1 The bidder has read and understands the bidding documents and has consulted advisors, attorneys and other experts to the extent they deem necessary.

15.2 The bidder has visited the site, is familiar with the local conditions where the work is to be performed to the extent they deem necessary, and has compared those observations with the requirements of the proposed contract documents and is prepared to make the Contractor’s Representations in the Standard Form of Agreement.

15.3 The bid is based upon the materials, systems and equipment required by the bidding documents.

15.4 The bidder has read, understands, and agrees not to conduct unethical practices prohibited by FNSB ordinance.

15.5 All Contractors submitting a bid for this contract shall have and keep in effect an Alaska Business

License. Prior to the contract award, the Contractor shall have and keep in effect an Alaska Contractor’s License. The Contractor shall be responsible for any additional licenses and/or permits required in the locality of the work. The Contractor shall further be responsible for current licenses for all subcontractors and suppliers, as required by law, during the term of the Contract and provide proof thereof upon request.

16. COOPERATIVE PURCHASING

16.1 All State of Alaska governmental entities may, at their option, purchase from the contract resulting from this IFB process. State of Alaska governmental agencies include the Legislative branch, the Alaska Court System, the University of Alaska, Boards and Commissions and all State of Alaska political subdivisions

– cities, boroughs and school districts, at all their operation locations. In no event shall the Borough have any financial liability to the bidder for any goods or services purchased by any State of Alaska governmental entity.

17. ENVIRONMENTAL REQUIREMENTS

17.1 The contractor recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to projects being financed in whole or in part with Federal funds.

The contractor and any of its subcontractors agree to comply with any such requirements as the federal or state government may now or in the future promulgate.

17.2 The Borough has adopted policies to support an ethic of sustainability. To advance these goals, products and services contracted for will be evaluated in part based on their greenhouse gas emissions, habitat impacts, regulatory compliance, recycled content, energy efficiency, water efficiency, and toxic chemical reductions.

http://www.labor.alaska.gov/lss/whhome.htm

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

18. TIE BIDS

18.1 If the IFB bid tabulation results in a “tie” between two responsive, responsible bidders, the Borough will determine the successful bidder by the flip of a coin. The process will be witnessed by at least one additional member of the General Services Department. The witness will sign the bid tabulation form certifying the results of the process.

19. INDEFINITE QUANTITY

19.1 The award of this bid shall result in an indefinite quantity contract for the items solicited. Award will be contingent upon availability of funds. The Borough reserves the right to make additional purchases of substantially similar units for a period of one (1) year from the date of award. The option to make future purchases is the unilateral right of the Borough.

END OF TERMS AND CONDITIONS SECTON

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

C. SCOPE OF SERVICES/SPECIFICATIONS

This work includes road maintenance within the following Fairbanks North Star Borough road service areas:

1. Garden Service Area (See Section I)

2. Pleasureland Service Area (See Section J)

END OF SCOPE OF SERVICES/SPECIFICATIONS SECTION

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

D. SAMPLE STANDARD FORM OF AGREEMENT

(This is a sample of the agreement that the successful bidder will be required to execute and return to the FNSB prior to issuance of a purchase order. Some sections may change to reflect the terms and conditions of this IFB.)

1. PARTIES. The parties to this contract are the FAIRBANKS NORTH STAR BOROUGH ("Borough"), and xxxxxxxxx.

("contractor").

2. DUTIES. The contractor shall perform the duties specified in Borough IFB No. 25088 (“Solicitation”). The contractor understands that the Borough makes no representation that it will look exclusively to the contractor for the type of services requested. The contractor will perform its duties under this agreement as an independent contractor.

3. QUALITY OF WORK. The Contractor will perform its duties pursuant to (a) the IFB Road Service Area Special

Conditions, (b) the specifications in the FNSB Standard Specifications for Local Road Maintenance 2024 and (c) the Contractor's specifications or representations in its bid submittal. Should the specifications of the solicitation and the specifications or representations of the contractor's resulting submittal differ, the higher specification is applicable and will control. If there are no specifications, the contractor will perform its duties in a professional, workmanlike manner, and in compliance with the standards of the contractor's trade.

4. CONTRACT PRICE.

4.1 Requested Services. The Borough will pay the Contractor for all “Requested Services” as specified in the IFB Bid Schedule according to the Contractor’s submitted bids for such services. Payment will be made upon acceptance of performance. The Contractor understands that the Borough is not guaranteeing any minimum amount of such goods or services to be requested and is under no obligation to expend any minimum amount of the contract price. Except for the requested services listed on the bid schedule, work will not be accepted, and payment will not be made unless the service was requested in a written work order.

4.2 Work Orders. The Borough will pay the Contractor for additional work in accordance with the work order process in Section 106 of the FNSB Standard Specifications for Local Road Maintenance 2024.

Payment will be made upon acceptance of performance and invoice.

4.3 The Service Area Commissioner or designee must accept work completed for the requested services as a condition of final payment. If, however, the Contractor asserts that acceptance is being unreasonably withheld, or that payment is otherwise legally required, the Borough Attorney, after consultation with the designee or the Chair, may authorize final payment without service area commission acceptance.

5. CONTRACT TERMS. The contractor's duties begin on July 1, 2025 or when both parties have signed this agreement, whichever is later. This agreement will end by its own terms, or the contractor will complete performance no later than June 30, 2026.

6. CONTRACT RENEWAL OPTION.

6.1 The Borough reserves the option to renew a contract resulting from this solicitation upon written agreement of both Parties for four (4) additional one-year periods. All renewals are to be for a period of one year at the same terms, conditions, and price set forth herein. However, the Contractor, at least 120 days prior to the contract anniversary date, may request, in writing, changes to the terms, conditions, and pricing, other than those based upon the change in CPI. Approved changes do not constitute substantial changes to the contract and must be support with appropriate written documentation. The approval of any change(s) is at the sole determination of the Borough.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

6.2 If the contract is renewed, the yearly contract renewal period unit prices will be adjusted to the percentage change of the U.S. Department of Labor Consumer Price Index (CPI), Urban Anchorage, for the twelve-month period preceding the contract renewal date of July 1. However, if the CPI is negative, unit prices from the current contract period will prevail.

7. FACILITIES AND LICENSES.

7.1. The contractor will provide all facilities, equipment, supplies, services and personnel necessary to carry out its duties under this agreement.

7.2. The contractor will obtain all necessary permits and other authorizations that are required by law to perform the services. During the contract term, the contractor will remain in good standing under all such permits, and will comply with all applicable statutes, regulations, and ordinances.

8. OWNERSHIP OF DOCUMENTS. The Borough owns all specifications, proposals, notes, logs, photographs, and all other documents that the contractor develops in the performance of this agreement. The Borough may use these documents without additional compensation to the contractor. For one year after the Borough's final payment to the contractor under this agreement, the contractor will, at the request of the Borough, provide the Borough with any materials related to or developed in the performance of this agreement. The Borough will pay the contractor for reasonable search and copying charges related to such requests.

9. INSURANCE REQUIREMENTS. The contractor shall obtain, and maintain in force, the insurance coverage specified in the IFB document. By submitting a bid, the contractor agrees to all terms and conditions in the IFB document regarding insurance.

10. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS PROVISION.

10.1. The contractor 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 contractor’s performance or non-performance of its duties under this contract; and/or (2) any defect in any services provided by the contractor. This duty to defend, indemnify, and hold harmless shall include the contractor’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.

10.2. 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.

10.3. “contractor” and “Borough” as used in this section, include the employees, agents, sub- contractors, and any other persons who are directly employed by or otherwise legally responsible, respectively to each party.

11. SUSPENSION OR TERMINATION.

11.1. The Borough shall have the unilateral right to order in writing the suspension or other temporary stopping of the work that does not materially alter the scope of this contract.

11.2. Both parties may agree in writing to terminate this agreement at any time; either party may terminate the contract if the other party fails to perform in the manner called for in the contract; the Borough may terminate the contract for its own convenience on thirty (30) days written notice; and the agreement will terminate if the Borough Assembly fails to appropriate necessary funds or repeals all or substantially all of the appropriations which fund this agreement.

FAIRBANKS NORTH STAR BOROUGH IFB NO: 25088

Fair banks Nor th Star Bor ough Location: 907 Terminal St. Fairbanks, AK 99701 Mailing: PO Box 71267, 99707 Website: fnsb.gov Facebook: @FNSBGov

11.3. If this contract is terminated, the contractor has no further duty to perform other than that work reasonably necessary to stop work in a safe and workmanlike manner. Likewise, if this contract is terminated, the Borough has no further duty to pay the contractor except for the work satisfactorily completed or goods delivered and accepted, as of the date of termination, and the additional work completed as being reasonably necessary to stop work in a safe and workmanlike manner.

12. EQUAL OPPORTUNITY. The contractor will fulfill all its legal duties under the civil rights laws of the State of Alaska and the United States, including, but not limited to AS 18.80, and the Civil Rights Act of 1964, 42 U.S.C. sec. 2000a and following. When subcontracting work; the contractor agrees to use practices that assure equal opportunity to companies owned by women and minorities.

13. CONTRACT DOCUMENTS.

13.1. If the parties enter into this agreement as a result of a Borough IFB, then the following documents constitute the whole agreement of the parties, and they prevail in the following order in the event of any inconsistency between them: this agreement, the Service Area Special Conditions, the specifications in the IFB as issued by the Borough, the specifications provided in the FNSB Standard Specifications for Local Road Maintenance 2024, and the contractor's bid form.

13.2. The Borough purchase order to be issued for this work is a contract document. The terms specified on the Borough purchase order for this work are subordinate to those in all other contract documents. This clause does not alter the order of predominance of contract documents as specified in other subsections of this section.

14. ETHICS.

14.1 Bidder acknowledges that Section 16.44.030 of the Fairbanks North Star Borough Code provides as follows, and agrees to follow the terms of the ordinance:

14.2. "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 advice, 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 therefore.

14.3. 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."

15. RELEASE. The Borough assumes no responsibility for the loss or damage of contractor’s property placed on or in