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HomeMy WebLinkAboutLevelock Wind Reconnaissance Study Request for Proposal - Jun 2013 - REF Grant 7060911Two Requests for Proposals Egegik Wind Power Feasibility Study Levelock Reconnaissance Wind Evaluation Lake and Peninsula Borough ' PORT ALSWORTH NONDALTON PEDRO RAY ILIAMNA PILE RAY r.adw• NEWHALEN i� �.a• POPE VANOY � M �KOKNANON LEVELO[K �161U41G��' -gam a v/J/1' N :.KNEK MKOUTH NAKNEK /- KING SALMO;N.' .� i HIGNIK LAGOON (HIGNIK (HIGNIK LAKE IVANOF RAY PERRYVILLE Enclosed is information needed to prepare and submit a proposal. Issued June 12, 2013 by: Lake and Peninsula Borough P.O. Box 495 King Salmon, Alaska 99613 Lake and Peninsula Borough Egegik Wind Power Feasibility Study Levelock Reconnaissance Wind Evaluation Two Requests for Proposals June 12, 2013 Table of Contents Background....................................................................................... 3 IssuingOffice....................................................................................4 Deadlines........................................................................................... 4 Scope of Services — Levelock Reconnaissance Wind .............. 4 Taskand Products............................................................................................4 Schedule...........................................................................................................5 Scope of Services — Egegik Wind Power Feasibility ................ 5 Taskand Products............................................................................................5 Schedule.............................................................................................. ....6 Budget................................................................................................ 7 Proposals........................................................................................... 7 Format..............................................................................................................7 Submission Requirements................................................................................8 Contractor Selection......................................................................... 8 Evaluation Criteria and Points..........................................................................8 OralInterviews..................................................................................................9 Notice of Intent to Award..................................................................................9 Limitations......................................................................................... 9 Acceptance of Proposal Content....................................................................10 Additional Terms and Conditions....................................................................10 Insurance Requirements................................................................................10 Access to Records..........................................................................................10 Ownership Statement.....................................................................................10 Disclosure of Proposal Contents....................................................................11 Independent Price Determination...................................................................11 Costs...............................................................................................................11 Payments........................................................................................................11 Attachments....................................................................................12 Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 2 of 15 Background The Lake and Peninsula Borough, (hereinafter referred to as "Borough") is pleased to offer two Requests for Proposals (RFPs): • Wind Power Feasibility Study for the Village of Egegik and • Levelock Reconnaissance Wind Evaluation Proposers may submit a proposal for either one, or may submit a combined proposal for both projects. The Borough encourages a combined proposal, because there are likely to be cost savings by working the two projects together. Background — Wind Power Feasibility Study for the Village of Egegik Summary of RFP Purpose. The purpose of this RFP is to determine whether a wind power project is economically for the Village of Egegik. Cost of Energy. Egegik customers currently pay $0.90/kWh before PCE, and PCE-eligible customers pay $0.60/kWh. These costs are a tremendous burden on residential, government, and commercial users. They stymie economic development in the community. Potential for Significant Economical Wind Power. Existing modeling indicates a significant wind resource at Egegik. Thus study will use a 10-meter or 30-meter tower, which ever is appropriate to develop 12-months of meteorological data and analysis. The tower site will be located to represent potential wind farm site. To determine economic feasibility, the study will record electrical load data form the power plant to identify hourly electrical load data and dispatchable electrical loads. Thermal load data will be collected from sites that should be considered for secondary loads, such as the school. The contractor will combine this analyze this information to predict the feasibility of a wind power project at Egegik. Background — Levelock Reconnaissance Wind Evaluation Summary of RFP Purpose. The purpose of this RFP is to use an inexpensive 10-meter tower to estimate the true wind resource at Levelock, and determine whether the expense of a full feasibility study is warranted. Cost of Energy. The Alaska Energy Authority reports that Levelock customers currently pay $0.70/kWh before PCE, and PCE-eligible customers pay $0.38/kWh. These costs are a tremendous burden on residential, government, and commercial users. They stymie economic development in the community. A Lack of Quality Wind Information. There is no current wind data available for Levelock. Existing wind modeling predicts only class 2 winds in the community, though class 4 winds exist further south at the coast. The purpose of this RFP is to use a low-cost method to collect valid, usable wind data. Specifically, the RFP proposes to use an instrumented 10-meter tower to collect a year's wind data. The tower will be supplied and shipped to Levelock. While a 30- meter configuration is typically used for full feasibility, the 10-meter configuration will work well so long as the tower is located in an area with minimal surrounding vegetation and away from buildings that might block the wind. Even if only a class 3 wind -site is discovered, the high cost of fuel in the community might allow for an economic medium -penetration wind project. For more information about energy matters at Levelock, Egegik, or elsewhere within the Borough, proposers may also review the Lake and Peninsula Borough Regional Energy Plan available at www.lakeandpen.com. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 3 of 15 Issuing Office The Borough is issuing these Requests for Proposals (RFP). Inquiries about these RFPs may be directed to the Borough Clerk: Kate Conley (e-mail: kateconley(alakeandpen.com; phone 907.246.3421 or toll -free 800.764.3421). Proposals should be submitted to Nathan Hill, Borough Manager. They may be e-mailed, mailed or delivered to: Kate Conley Borough Clerk Lake and Peninsula Borough PO Box 495 King Salmon, Alaska 99613 kateconley(cr,lakeandpen. com The Lake and Peninsula Borough complies with Title II of the Americans with Disabilities Act of 1990. Upon request, this proposal will be made available in other accessible formats. Requests for such should be directed to Kate Conley at the e-mail/phone cited above. Deadlines Inquiries June 24, 2013 Contractors should review this RFP for defects or questions. Comments concerning defects must be made in writing and received by the issuing office no later than 5:00 PM, June 24, 2013. This will allow the Borough time to issue an amendment if one is required. Submissions July 3, 2013 To be considered, proposals must be received at the Issuing Office no later than 5:00 PM, July 3, 2013. Proposals received after this time will receive no consideration. Scope of Services Levelock Reconnaissance Wind Tasks and Products The Request for Proposals asks applicants to use a 10-meter tower to gather a year's wind data, model the true wind resource at Levelock, and complete reconnaissance -level economic feasibility to determine whether a wind project may be feasible at Levelock. The purpose of the project is to determine whether a full economic feasibility study is warranted. The successful applicant should undertake two tasks, as outlined below: Siting & Wind Measurement. The contractor should select a site for the wind tower. The tower, instrumentation, and data logger are owned by the Alaska Energy Authority (AEA) and will be transported to the site for the contractor. The contractor is responsible for determining the appropriate location, establishing site control, putting up the tower and arranging with someone to gather the monthly data download. We presume the appropriate site is located within five miles of the Levelock Airport. If permitting with FAA is required, the contractor must complete that task as well'. The contractor will be responsible for taking down the tower, 1 The Borough asks that the contractor permit a 30-meter tower with FAA, rather than the 10-meter towner. A 30-meter tower is approximately the height of a wind turbine. Thus, permitting a 30-meter tower amounts to pre -clearance for a wind turbine, should a project be feasible. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 4 of 15 and shipping it back to AEA in Anchorage. The contractor should also consult with the U.S. Fish and Wildlife Service concerning the location and arrangement of the tower. Economic Feasibility. After a year of wind data is collected, the contractor must evaluate the wind resource, and perform reconnaissance -level economic analysis to determine whether the wind resource is likely to support an economically viable wind project. The economic analysis is reconnaissance level, and so load monitoring from the Levelock Electric Cooperative is not required under this project. If any unusual permitting, engineering, or institutional issues are identified, they should be discussed. The objective of the study — assuming an economically feasible project is found — is to use the information from this study to describe a subsequent phase in adequate detail so that Borough or village may apply for a grant, and issue a Request for Proposals to design or design/construct the project. Product. A final report that provides the data, wind analysis and reconnaissance economic feasibility conclusions must be provided as discussed in the schedule below. Schedule Contractor needs to provide a schedule that will allow the Borough, assuming an economically feasible project is found, to apply for an Alaska Energy Authority grant in 2014. The Borough assumes that the deadline for the grant will be approximately August 21. Therefore, to allow time for Assembly action, a draft report should be available early -August 2014, if possible. Scope of Services - Egegik Wind Power Feasibility Tasks and Products The Request for Proposals asks applicants to complete the tasks below. The purpose is to determine whether a wind power project is economically feasible for Egegik. The information is intended to be adequate that — assuming a feasible project is identified — the next step is to begin design for the project. 1. Meteorological Tower Siting. The contractor should select a site for the wind tower. There are four options available: • A meteorological tower exists in Egegik. It is on city land. It is instrumented for meteorological measurements, but the condition of the tower and instruments is unknown. To guarantee the validity of the data, the contractor should plan on re - instrumenting the tower, replacing the data cables, and replacing all guy wires for safety reasons. The tower is estimated to be approximately 30-meters tall. However, the tower may not be in a location that is appropriate for a windfarm, and may or may not be located in wind conditions that are similar to an appropriate windfarm location. • If the tower is useable but is not in a useable location, it is possible that it could be taken down and moved to a better location. • If neither of the above are possible, but a suitable site is identified in which a 10- meter tower will adequately predict meteorological conditions at a wind turbine height, then the contractor may use a 10-meter tower. • The contractor could install a new 30-meter tower and appropriate instrumentation. Before the final decision about the tower is made, the contractor will consult with and receive approval by the Borough. Acquiring an appropriate tower, instrumentation, and data logger must be made out of the funds the RFP. If purchased, the equipment Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 5 of 15 belongs to the Lake and Peninsula Borough at the end of the study. The contractor will be responsible for determining the appropriate location, establishing site control, and putting up the tower. We presume the appropriate site is located within five miles of the Egegik Airport. If permitting with FAA is required, the contractor must complete that task.2 The contractor should also consult with the U.S. Fish and Wildlife Service concerning the location and arrangement of the tower. The contractor will be responsible for taking down the tower, and if necessary, shipping it to the storage location. (If the tower will belong to the Lake and Peninsula Borough, the storage location is in King Salmon.). 2. 12-months of Meteorological Data. The contractor is responsible for arranging with someone to gather the standard meteorological data: a minimum 12-months of data from the tower. 3. Other Meteorological Data. It is possible that there is other meteorological data available in the community at Egegik. These may include private windmills, or previous efforts to collect wind data. The contractor should work with the Egegik City Administrator to try to acquire this information, if possible. 4. Electrical Load Data. The contractor will gather electrical load data form the power plant to identify hourly load data and dispatchable electrical loads. Presently two seafood processors, Icicle Seafood and Alaska General Seafood, generate their own electricity. If possible, the contractor should gather load data from these two sources so that the loads could be integrated into the feasibility analysis. S. Thermal Load Data. The contractor will collect thermal load data, including diesel usage from sites being considered for secondary load installations. These include the heat recovery loop and buildings included in the heat recovery loop. 6. Analysis and Conclusion. The contractor will use the data gathered, including appropriate HOMER analysis, and consider a variety of wind turbine models and configurations to predict the economical feasibility of a wind project at Egegik. If any unusual permitting, engineering, or institutional issues are identified, the contractor should identify and discuss the issues. 7. Final 8a Interim Product. The contractor will provide the Borough with monthly progress reports, an interim final report, and a final report according to the schedule below. 8. Optional Analysis. If there is expected to be funds available after the previous tasks are completed, the contractor should provide geologic reconnaissance work of potential wind tower sites, to help further the eventual design of the project. Schedule Egegik is currently undergoing a powerhouse upgrade, which includes the construction of a heat recovery loop. They project is expected to be finished this fall. The feasibility analysis will be more accurate if the wind and load data are concurrent. Therefore, if the powerhouse upgrade is, indeed, on schedule to be finished this fall, the contractor should ensure that 12 months of concurrent meteorological, thermal load, and electrical load data are collected. 2 Even if a 10-meter tower is selected, the Borough asks that the contractor permit a 30-meter tower with FAA. A 30-meter tower is approximately the height of a wind turbine. Thus, permitting a 30-meter tower amounts to pre -clearance for a wind turbine, should a project be feasible. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 6 of 15 The feasibility analysis will be used for the next round of state renewable energy grant applications. The Borough assumes that the deadline for the grant will be approximately August 21. However, the Alaska Energy Authority will accept a grant based on a preliminary analysis based on less than 12-months of data, as long as it is followed up by a final analysis based on 12 months of data. Therefore, to allow time for Assembly action, a preliminary report should be available early -August 2014, if possible. A final report is required within a month after completion of the 12-month wind/electrical load data -gathering. Monthly reports should be submitted after the project begins. Budget The Borough estimates the funding available, in total, for the two projects, to be not more $75,000. Of that amount, $10,000 is for the Levelock Project, and $65,000 for the Egegik project. Contractors bidding only on a single project must propose a budget that totals no more than the funds available for that project (i.e., no more than $10,000 for the Levelock Project and no more than $65,000 for the Egegik Project). Contractors bidding to complete both projects may submit a combined budget for an amount up to $75,000. Proposals Format To receive the highest number of points (refer to the Contractor Selection section of this RFP), proposals should be concise and use the following format. Proposals shall be addressed to Nathan Hill, Borough Manager; Lake and Peninsula Borough and mailed or delivered to location listed under "Issuing office." Cover page. List project name, submission date, firm name, address, phone and fax numbers, and contact person. Proposals must be signed by an official authorized to bind the contractor to its provisions and verify that the proposal is valid for at least 90 calendar days following the date signed by the authorizing official. Scope of Services. Discuss how contractor will complete the tasks and produce the products outlined in this RFP. Identify major tasks and a schedule for completion. Understanding of the Problem. Describe contractor's understanding of the problem facing the Borough. Describe how the work task will be completed. Description should give the evaluation committee an understanding of the approach that the contractor will be taking. Provide a schedule (identify work task activities, start and completion dates). Budget. Proposal should provide a not -to -exceed amount that is not greater than $10,000 for the Levelock Project; and $65,000 for Egegik, or $75,000 for both. Budget should be broken out into at least the following categories. Contractors submitting a combined proposal should separate the categories for each of the two projects.: • Personnel (including approximate hours of key personnel). • Travel • Management • Publication • Other Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 7 of 15 Personnel and Experience. Identify who will work on the project and their responsibilities. Describe their recent work experience that is related to the work they will perform for this project. Also for any subcontractor, provide the name and location of their place of business and their relevant education and or work experience. Samples of work, if submitted, will be returned upon request. References. Provide the names of a minimum of 3 individuals who can discuss the experience, capabilities and performance of the key team members. Insurance Coverage. Submit evidence that the contractor has satisfactory insurance coverage described in Attachment 1. Submission Requirements To be considered, proposals must: • Be complete; • Include the original and three copies (except for e-mail delivery); • Be no longer than 30 days pages including qualifications and company brochure; (the page limit applies whether the contractor is submitting a single or combined proposal) and • Be received at the address below no later than 5:00 PM on July 3, 2013. Proposals that do not meet the submission requirements will receive no consideration. The contractor is to make no other distribution of proposals. Contractor Selection Evaluation Criteria and Points A committee, comprised of the Borough Manager, staff, and possibly consultants will rate valid proposals based on the following evaluation criteria. The committee is not required to recommend the lowest cost proposal. 20 Points Understanding of the Problem Does the proposal show an understanding of the problem and opportunities for solution? This understanding should demonstrate both technical understanding — an understanding of technical solution that may be involved in an engineering design for multiple communities; and it should demonstrate an understanding of the unique problems facing remote villages in Alaska and the Lake and Peninsula Borough in particular. 30 Points Approach to the RFP What is the contractor's approach to preparing the tasks of the RFP? Is the work plan and schedule reasonable and well thought out? Is the approach logical and the best means to get the work done? Based on the work plan, will the contractor produce a quality product? Does the proposed work plan appear to complete the work within the schedule and budget provided? Does the approach take into account the specific circumstances of the Lake and Peninsula Borough and its communities? Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 8 of 15 20 Points Budget What is the contractor's budgeted cost for each Task? Does the contractor propose a plan that creates efficiencies and adds greater value to the final product? Comparing this budget with other proposal budgets, will more get done with this contractor? 30 Points Experience and Knowledge What is the experience and knowledge of the key individuals working on the project? What experience does the project manager have with this type of work? What is the extent of experience in engineering planning? Do they have technical experience to understand the potential solutions? Do they have experience working with the legislature and other funding sources with respect to these projects? With Lake and Peninsula Borough communities or similar communities elsewhere in the state? Does work history on related projects provide a sense of the quality with which the work will be done? The evaluation of experience and knowledge will review both the level of experience and knowledge of key personnel and/or the firms proposing, but also will evaluate the extent to which the key personnel are committee to the project. Oral Interviews Contractors may be requested to complete an oral interview. The results of such interviews will be used for the evaluation of a contractor's rating. Not all contractors may be requested to interview. Oral interviews will most likely be scheduled in Anchorage; however, they may be scheduled in the Borough for contractors located there; it may be possible for the interview to occur by phone for proposers located elsewhere. Notice of Intent to Award Upon completion of evaluation and the selection of the successful respondent, the Borough will issue a Notice of Intent to Award. The Notice will be provided in writing to all respondents of this RFP. The Borough reserves the right to revoke the Notice of Intent to Award if it is subsequently found to be in error, or made on the basis of inaccurate information, or is otherwise in the best interests of the Borough. Limitations Any contractor who submits a bid proposal is making an offer to contract, which the Borough can, within its discretion, accept or decline. The Borough will accept the bid proposal by entering into a written contract signed by the Borough and the contractor. This RFP does not in any way commit the Borough to reimburse recipients of this RFP for any of the costs of preparing and submitting a proposal for these services. Any such costs may not be charged as an expense of performing the contract. The Borough shall not be subject to payment for any costs incurred as a result of valid and legal termination of this RFP, nor termination of a contract resulting from award of the RFP. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 9 of 15 Furthermore, this RFP does not obligate the Borough to accept, or contract for, any services expressed or implied. Any contract resulting from this RFP must be signed by the Borough before approval. The Borough assumes no responsibility for work done, even in good faith, prior to approval of the contract by the Borough. The Borough reserves the right to: • Request any vendor submitting a response to clarify its response or to supply any additional material deemed necessary to assist in selection of a vendor. • Modify or otherwise alter any or all of the requirements herein. In the event of any modifications, all vendors who submitted proposals will be given an equal opportunity to modify their responses in the specific areas that are impacted. • Reject any or all responses received and to waive formality in solicitation procedures. A proposal may be rejected when 1) the proposal is not signed, 2) the contractor has failed to provide complete information, 3) the contractor makes a material change in the specification or terms or conditions of the RFP, 4) there is a conflict of interest, 5) the proposal is received after the deadline for receipt of proposals, 6) the contractor has been debarred or suspended by the State. The Borough reserves the right to reject all proposals at any time, when it is not in the best interests of the Borough to select a proposal. Acceptance of Proposal Content The contents of the successful respondent's proposal may become contractual obligations, if a contract ensues. It shall not, however, be considered the total binding obligation. Those conditions shall be inclusive of a final negotiated and approved contract. Failure of the successful respondent to accept these obligations may result in cancellation of the award. Additional Terms and Conditions The Borough reserves the right to include additional terms and conditions during the process of contract negotiations. These terms and conditions must be within the scope of the original RFP and will be limited to clarification, definition, and administrative and legal requirements. Insurance Requirements The successful contractor must secure satisfactory insurance coverage as required by the Borough. Failure to provide evidence of adequate coverage is a material breach and grounds for termination of the contract. Please review the standard contract form for details on required coverage. See attachment 2. Access to Records The Borough reserves the right to access and/or review any and all materials during the contracting effort. Ownership of Documents All information developed in the performance of a contract resulting from this RFP are and will remain the property of the Borough and may be used by the Borough for any other purpose Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 10 of 15 without additional compensation to the contractor. The Borough will allow the Contractor to use the products prepared for this project for other clients in accordance with professional standards and practices and provided that; the Borough is credited on all products generated or produced for this contract and that the Contractor and said subcontractor hold the Borough, harmless for any damages that may result from the use of the information. Disclosure of Proposal Contents All proposals and other material submitted under this solicitation become the property of the Borough and, except for samples of work, may be returned only at the Borough option. The contents of the proposals will be held in confidence until Notice of Intent to Award. The Borough reserves the right to use any of the ideas presented in any response to the RFP. Selection or rejection of the proposal(s) does not affect that right. Independent Price Determination By submission of a proposal, the contractor certifies the prices in the proposal have been arrived at independently without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor. Costs In the event a formal agreement is made between the Borough and a contractor, all costs proposed for the provision of the specified services must be firm for the period of the proposed contract. Payments As a result of the RFP, the Borough will pay only for services as they are received and any request for advance payment or payments prior to providing the services must be fully explained in the body of the contract. No payments will be made prior to approval of the contract by the Borough. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 11 of 15 Attachments Insurance Requirements Indemnification and Hold Harmless Provision: Attachment 1 "The consultant shall indemnify, defend, and hold harmless the contracting agency from and against any claim of, or liability for, negligent acts, errors, and omissions of the consultant under this agreement. The consultant is not required to indemnify, defend, or hold harmless the contracting agency for a claim of, or liability for, the independent negligent acts, errors, and commissions of the contracting agency. If there is a claim of, or liability for, a joint negligent act, error, or omission of the consultant and the contracting agency, the indemnification, defense and hold harmless obligation of this provision shall be apportioned on a comparative fault basis. In this provision, "consultant" and "contracting agency" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions" means negligence other than in the contracting agency's selection, administration, monitoring, or controlling of the consultant, or in approving or accepting the consultant's work." Insurance. Without limiting contractor's indemnification, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior to beginning work and must provide for a 30-day prior notice of cancellation, non -renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is material breach and grounds for termination of the contractor's services. Workers' compensation insurance. The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for boroughs in which employees are engaging in work and employer's liability protection not less than $100,000 per person, $100,000 per occurrence. Where applicable, coverage for all federal acts (i.e., U.S.L. & H. and Jones Act) must also be included. Comprehensive (commercial) general liability insurance. With coverage limits not less than $300,000 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises -operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. Comprehensive automobile liability insurance. Covering all owned, hired and non -owned vehicles with coverage limits not less than $100,000 per person/$300,000 per occurrence bodily injury and $50,000 property damage. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 12 of 15 Standard Contract Form Contract for Services Project title: Levelock Reconnaissance Wind Evaluation Contract budget: Contract period: This agreement is between: Lake and Peninsula Borough PO Box 495 King Salmon AK 99613 PH:907-246-3421 FAX:907-246- 6602 Attachment 2 Hereinafter referred to as Borough Hereinafter referred to at Contractor (1) Contract Period This agreement shall commence on and shall terminate on , or a date agreed by both parties. The Borough shall not be liable for any consultant fees or expenses incurred prior to the above commencing date. Furthermore, the Borough shall not be liable for any consultant fees or expenses incurred after the above termination date. The parties may extend or amend this contract only upon mutual consent in writing. (2) Scope of Work and Schedule Attachment A is Scope of Work and Task/Labor Description. (3) Payments Payment shall be based on monthly billing system for work completed for that time period. (4) Budget The services and products provided for in this contract shall not exceed $ (5) Relationship to Other Parties The contractor is an independent contractor. None of the provisions of this agreement is intended to create nor shall be deemed or construed to create any relationship between the parties other than that of independent parties contracting with each other hereunder solely for the purpose of effecting the provisions of this contract. Neither of the parties hereto is the agent, employee, or representative of the other. In addition, the contractor is responsible for any business license fees, health or accident insurance, liability or property damage insurance, and all federal, state and local taxes attributable to the Scope of Work performed under the contract. Furthermore, because the contractor is not an employee of the Borough, the Borough will not make social security payments or withhold income tax or pay unemployment benefits or taxes or provide workers' compensation insurance for or on behalf of the contractor. (6) Termination of Contract Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 13 of 15 Not withstanding anything in this agreement to the contrary, the Borough may terminate this agreement with cause, and without liability, upon 10 (ten) days written notice to the contractor. In the event of such termination, the contractor shall provide the Borough with a detailed, written report of the work performed by the contractor up to the date of termination and the Borough shall pay the contractor the pro rata share of the compensation due prior to the date of termination. (7) No Assignment Clause If the contractor enters into a subcontract for completion of any project work, the contractor shall submit the subcontract to the Borough for approval prior to signing the same. The contractor is responsible for work performed by a subcontractor. This contract or portions of this contract shall not be assigned or subcontracted to any other person or entity without the prior written consent of Borough. (8) Confidentiality All information made available by the Borough to the contractor by virtue of the contract shall be held in strict confidence by the contractor. Such confidential disclosures that are made or become available to the contractor are made in reliance on this premise. (9) Liability The contractor shall indemnify, hold harmless and defend the Borough, its officers, agents and employees from all liability, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any act of the contractor, subcontractor or anyone directly or indirectly employed by them in the performance of this contract, unless the liability arises solely from an error, omission or negligent act of the Borough, its officers, agents or employees. All actions or claims including costs and expenses resulting from injuries or damages sustained by any person or property arising directly or indirectly from the contractor's performance of this contract which are caused by the joint negligence of Contractor and the contractor shall be apportioned on a comparative fault basis. Any such joint negligence on the part of Borough must be a direct result of active involvement by Borough. (10) Construction This agreement shall be construed without consideration of which party drafted it and the rule that contracts are construed most strongly against the party drafting it shall not apply. (11) Contractor's and Borough Representation The contractor hereby represents and warrants that the contractor is qualified to perform the work outlined in this contract, and possesses or has obtained any professional licenses, business licenses, permits or governmental approvals necessary for performance of this contract. Furthermore, the contractor warrants that all work performed shall be in accordance with accepted professional standards of practice. The Borough hereby represents and warrants that it has full and complete legal rights to any materials provided to contractor for use on the project. (12) Insurance Requirements The Contractor must secure satisfactory insurance coverage as approved by the Borough. Failure to provide evidence of adequate coverage is a material breach and grounds for termination of the contract. Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 14 of 15 (13). Access to Records The Borough reserves the right to access and/or review any and all material during the contracting effort. (14) Ownership of Documents All data and materials developed in the performance of this contract are and will remain the property of the Borough and may be used by the Borough for any other purpose, including public distribution, without additional compensation to the contractor. All computer hardware and software purchased using Borough funds resulting from this contract are and will remain the property of the Borough and will be turned over to the Borough upon completion of the project. All hardware and software purchased for this project will be registered in the Borough's name and address at the time of purchase. If the contractor wishes to use the data produced in the execution of this contract, they shall notify the Borough in writing beforehand. [Contractor Company] Contractor name and title Lake and Peninsula Borough Nathan Hill, Manager Date Signed Date Signed Levelock and Egegik Wind Studies Lake and Peninsula Borough 6/12/13 Page 15 of 15