specification and contract documentsprojects.whpacific.com/_source/alaskabids/city of...

WHITTIER, ALASKA

SHOTGUN COVE ROAD STATION 98+00 TO 104+00

SPECIFICATION AND CONTRACT DOCUMENTS

May 2015

BID SET

Prepared for:

City Of Whittier P.O. Box 608

Whittier, Alaska 99693

Prepared by:

WHPacific Incorporated

3111 C Street, Suite 300

Anchorage, Alaska 99503

THIS PAGE INTENTIONALLY LEFT BLANK

WHITTIER, ALASKA


MASTER INDEX

I. INVITATION FOR BIDS

II. BIDDERS CHECKLIST

III. SPECIAL NOTICE TO BIDDERS

IV. DISADVANTAGED BUSINESS ENTERPRISE

V. BID PROPOSAL

VI. BID BOND

VII. CONTRACT AND CONTRACT PERFORMANCE AND PAYMENT BOND

VIII. CERTIFICATE OF INSURANCE

IX. STANDARD MODIFICATIONS AND SPECIAL PROVISIONS TO THE ADOT&PF STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION, 2004 EDITION

X. APPENDICES

APPENDIX A: MATERIAL CERTIFICATION LIST

APPENDIX B: PERMITS

APPENCIX C SIGN SHOP DRAWINGS

XI. LABORERS AND MECHANICS MINIMUM RATES OF PAY (Obtain latest wage rates online at http://labor.alaska.gov/lss/pamp600.htm)

XII. PLANS (Under Separate Cover)

ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION, 2004 EDITION CAN BE DOWNLOADED IN PDF FORMAT FROM http://www.dot.state.ak.us/stwddes/dcsspecs/pop_hwyspecs_english.shtml Note: The Specifications for this project are the 2004 Standard Specifications, not 2015.

WHITTIER, ALASKA


I

INVITATION FOR BIDS

CITY OF WHITTIER PURCHASING DIVISION

Invitation for Bids No. 15-001

Sealed bids will be received in accordance with the time schedule shown below by the City of Whittier at the office of their Engineer (WHPacific Incorporated) located at 3111 C Street, Suite 300, Anchorage, Alaska 99503 for the project located in Whittier, Alaska described as follows: SHOTGUN COVE ROAD STATION 98+00 TO 104+00

The Shotgun Cove Road project involves reconstructing 600 feet of pioneer road. Work includes constructing two bottomless arch structures with head walls and wing walls; building the road up to finished grade; and installing guardrail, concrete barrier, and signs. The contractor is responsible for reviewing the drawings and bid schedule for all construction elements. Questions can be submitted in writing to Louis Bassler at WHPacific Incorporated (see address below). ESTIMATED CONSTRUCTION COST: Between $1,000,000 and $2,000,000 Pre-Bid Conference At: Whittier City Council Chambers Whittier Street and Glacier Avenue Whittier, Alaska Date: May 20, 2015 Time: 10:00am Bids Received At: WHPacific Incorporated 3111 C Street, Suite 300 Anchorage, Alaska 99503 Date: June 10, 2015 Time: 2:00pm Local Time Bids must be received by WHPacific Incorporated prior to the time stated above to be considered. All bids shall be submitted with a bid guaranty in the amount of ten percent (10%) of the total amount of the bid. Plans, specifications, and contract documents may be downloaded from http://projects.whpacific.com/alaskabids/ for no charge. Plans, specifications, and contract documents may be examined and/or purchased starting May 15, 2015 for a nonrefundable fee of $100 per set at the following address:

WHPacific Incorporated 3111 C Street, Suite 300 Anchorage, Alaska 99503 (907) 339-6500

For an additional $15 the plans, specifications, and contract documents will be mailed via USPS Priority Mail contact WHPacific Incorporated between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday at (907) 339-6500. Plans, specifications, and contract documents can be sent on an expedited basis if provided with the Bidders USPS Express Mail or Federal Express account number. The City of Whittier reserves the right to reject any and all bids and to waive any informalities in the bids. No bidder may withdraw its bid after the hour set for the opening of bids before the Award of Contract unless said award is delayed for a period exceeding forty-five (45) days from the time of the opening. The City of Whittier shall not be responsible for the bid preparation costs, nor for costs, including attorney fees, associated with any (administrative, judicial, or otherwise) challenge to the determination of the best value bidder and/or Award of Contract, and/or rejection of bids. By submitting a bid, each bidder agrees to be bound in this respect and waives all claims to such costs and fees. A Contract Award shall be by written notice issued by the City of Whittier to the bidder offering the best value to the city. Bid evaluation procedures are set out in Section III, Special Notice to Bidders. A Pre-Bid Conference will be held at the above-indicated time in Whittier for the purpose of answering bidders questions and considering any suggestions they may make. There will be a jobsite walk through following the Pre-Bid Conference. Any changes resulting from this conference will be made by Addendum following the conference. This conference is held for the benefit of the bidders. It is recommended that prospective bidders attend this meeting. The City of Whittier assumes no responsibility for any interpretations or presentations made by any of its officers or agents unless such interpretations or presentations are made by written addendum to this Invitation to Bid. DATE: May 12, 2015

By: City of Whittier

Publ. May 13, 2015

WHITTIER, ALASKA


II

BIDDERS CHECKLIST

Bidders Checklist - 1

BIDDERS CHECKLIST

INSTRUCTIONS TO BIDDER

I. GENERAL:

Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation to Bid, only the documents shown and detailed on this sheet need be submitted with and made part of their bid. Other documents may be required to be submitted after bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet SHALL RENDER THE BID NON-RESPONSIVE.

II. REQUIRED DOCUMENTS FOR BID: BIDS WILL NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the bid. ______ Bid Proposal: Pages BP-1 through BP-4. Page BP-1 must be manually signed. ______ Technical Proposal. ______ Erasures or other changes made to the Bid Proposal must be initialed by the

person signing the bid. ______ Proof of Insurance. ______ Bid Guaranty: Bid Bond, certified check, cashiers check, or money order shall be

submitted with the bid in the amount indicated in the Invitation to Bid.

______ Proposed Schedule in accessible electronic format. Addenda: All Addenda issued shall be acknowledged in the space provided on

the Bid Proposal sheet or by manually signing the Addenda sheet and submitting it prior to the bid opening.

Bidders Checklist - 1


WHITTIER, ALASKA


III

SPECIAL NOTICE TO BIDDERS

SNB-1


SHOTGUN COVE ROAD STATION 98+00 TO 104+00 1 SPECIAL NOTICE TO BIDDERS

SPECIAL NOTICE TO BIDDERS

The City of Whittier hereby notifies bidders of the following information available to assist in preparing bids: 1. These items are available upon request at WHPacific Incorporated (3111 C Street Suite

300, Anchorage, Alaska):

a. Cross Sections, dated 5/12/2015

b. Geotechnical Report, Shotgun Cove Road Improvements, published November 2004 by Shannon & Wilson

2. These items are available upon request from the State of Alaska Department of

Transportation and Public Facilities:

a. State of Alaska Department of Transportation and Public Facilities publications, Alaska Storm Water Pollution Prevention Plan Guide, Revised January 14, 2005.

b. The Standard Specifications for Highway Construction 2004 Edition document

may be viewed or downloaded at no charge from the statewide Design and Engineering Service Divisions external website.

3. An environmental document addressing concerns and environmental commitments is

available for review at WHPacific Incorporated. 4. The Materials Certification List (MCL) has been included as Appendix A. This list is

provided for the Contractor to determine which materials will require submittal to the Project Engineer for certification of compliance. The MCL also provides the Project Engineer with the appropriate approving authority.

5. Not used. 6. The bidder is hereby notified that this project is subject to the following timing window

scheduling constraints per the U.S. Fish & Wildlife Service:

For Southcentral Alaska, the U.S. Fish & Wildlife Service recommends that vegetation clearing and other site preparation activities be avoided from May 1 July 15. See Section 201-3.01 for more information.

7. The bidder is hereby notified that organic material and muck cleared and/or excavated

from the project corridor may be disposed in non-wetland areas surrounding the gravel stockpile near project station 108+00 or around the gravel pad at station 114+00. Topsoil may be stockpiled temporarily in the gravel pad near station 108+00 and used on the project as permanent slope stabilization. Per the United States Army Corps of Engineers permit, no organic materials are to be permanently stockpiled in wetlands. See plan sheet E2 and F9, Section 201 Clearing and Grubbing, and Section 203 Excavation and Embankment, for more details.

8. The bidder is reminded that vehicle access to Whittier, Alaska is through the Anton

Anderson Memorial Tunnel. All vehicles entering and exiting Whittier are subject to tunnel schedule restrictions and tolls. Detailed tunnel schedule and fee information is


available at the Alaska Department of Transportation & Public Facilities website. http://www.dot.state.ak.us

9. Time extensions due to inclement weather will only be considered if the weather during the contract period is found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month. Rainfall events equal to four inches (4) or less in a 24 hour time period will not be considered unusually severe. Average total monthly precipitation (10/2/1950-12/31/2009) for Whittier, AK ranges from 14.8-inches (Aug) to 23.8-inches (Dec). Daily rainfall of 2-inches is common and should be anticipated.

10. Section 120, Disadvantaged Business Enterprise (DBE) Program. The City of Whittiers DBE Program for this project is described in Section 120.

Contractors are encouraged to review the construction contract forms and the revised Standard Specification Section 120 DBE Program. The DBE Utilization Goal for this project is shown on Form 25A-324. There are new sections on the DBE decertification process, the termination of a DBE on a project, a revised DBE Replacement or Substitution section, and a revised definition for Commercially Useful Functions.

The process for establishing mandatory vs. voluntary contact for DBEs has changed. Bidders must contact DBEs at least seven (7) calendar days prior to bid opening.

11. The City of Whittier would appreciate the contractor utilizing local hire when suitable.

12. The bidder is hereby notified that there is gravel available for use in the project located in the staging area, at no charge. Exploring, sorting, screening and crushing may be required to produce material meeting specifications. Contractor is solely responsible for ensuring all materials used in the project conform to the plans and specifications.


13. Bid Evaluation Procedure:

13.01 General/Description.

A. The City of Whittier is using a best-value procurement procedure to select the Bidder that will be awarded the Contract. The selection process will take into account the price offering and other factors that the City considers essential to the successful performance of the work. In addition to price, best-value parameters will include Methods, Schedule, Proposed Project Staff, Workload and Resources, Cost and Quality Controls, Past Performance and Quality of Proposal.

B. Refer to Section 13.05 for the Citys evaluation plan, criteria, and selection method.

C. This procedure consists of a one-step procurement process. Refer to Sections 13.03 and 13.05 for detailed requirements.

13.02 Definitions and Terms. The following definitions are added to ADOT & PF Standard Specifications Section 101.03 Definitions:

A. Best valuea procurement process where price and other key factors are considered in the evaluation and selection process to minimize impacts and enhance the long-term performance and value of construction.

B. Parameterscategories describing the Citys procurement objectives in terms of cost or time savings, qualifications, or quality enhancements. Parameters are expressed as cost, time, qualifications & performance, quality, and design alternates.

C. Evaluation Criteriathose factors associated with each best-value parameter that will add value to the procurement and will be used to systematically evaluate proposals as part of the evaluation plan.

D. Rating Systemsa decision system that measures how well an offerors response meets the solicitations requirements.

The system ranges from a relatively simple satisfactory or go/no-go decision to more complex adjectival and direct point scoring systems.

E. Award Algorithmmethods for combining parameters and evaluation rating systems into an award decision.

Algorithms are described through a formula or a step-by-step decision process.

13.03 Preparing the Proposal. The following is added to the conditions listed in ADOT & PF Specifications Section 102:

Submit a proposal consisting of separate price and technical submissions.

Submit price proposals on City-supplied forms. For technical proposals, submit a sealed package, containing concise written material (or drawings) that enable a clear understanding and evaluation of technical criteria. Legibility, clarity, and completeness of the responses are essential. Present the Technical Proposal such that the City can easily separate and evaluate each criterion. The technical proposal shall not exceed 15


single sided pages. Resumes and supporting project summaries will not be counted toward the page limit.

13.04 Consideration of Proposals.

At the time the bids are due, The City will first review all documents received from each bidder to determine responsiveness to the bid requirements. Non-responsive bids will be disqualified from further evaluation.

Responsive Bids shall include:

Signed Bid Proposal

Technical Proposal addressing each of the Technical Evaluation Factors

Proof of Insurance

Bid Guaranty

Proposed Schedule in accessible Electronic Format

Acknowledgement of all Addenda

The City will evaluate proposals based on price and a technical evaluation score. The technical factors will be scored according to their respective weighting and the following scale:

Excellent meets all criteria, top qualified, minimal risk to City 100% Good Meets most criteria, small risk to City 80% Satisfactory Some risk to City 60% Marginal meets some criteria, higher risk to City 40% Poor minimally qualified, high risk to City 20%

The City will select the successful proposer based on the following method:

BEST-VALUE AWARD ALGORITHM Quantitative Cost-Technical Tradeoff The technical score will be determined by each Board member first determining a numerical rating for each evaluation criteria in the Technical Proposal. The consensus method will then be used by the Board to determine a final numerical rating for each evaluation criteria. The revised numerical ratings will then be summed to determine the overall technical score for each Offerors Technical Proposal. The maximum possible overall technical score is 100 for each proposal. After the overall technical scores are assigned, the Price Proposals will be opened. A best-value cost-technical tradeoff will be determined as follows: 1. The proposals will first be ranked in order of price (Contract Bid Price plus Contract Administration Cost), starting with the lowest price. Contract Administration Cost = Contractor's Proposed Contract Days x $1,400/day. A cost-technical tradeoff will then be performed by comparing the top two (2) initially ranked proposals. A Price Increment (P.I.) and a Technical Score Increment (T.I.) will be computed by the following equations, in which Offeror 1 is the lower price Offeror:

P.I. = (PriceOfferor 2 - PriceOfferor 1)/(PriceOfferor 1) x 100%


T.I. = (Tech. ScoreOfferor 2 Tech. ScoreOfferor 1)/(Tech. ScoreOfferor 1) x 100%

The T.I. over P.I. ratio will then be examined. If the ratio is greater than one (1), then the second-ranked Offeror 2 is considered to provide a greater value to the City. If the T.I. over P.I. ratio is less than one (1), then Offeror 1 will be considered to provide a greater value to the City.

2. A cost-technical tradeoff will then be performed by comparing the higher-ranked proposal from Step No. 1 above to the next proposal listed in the initial ranking chart. A P.I. and T.I. will be computed and evaluated similar to the above. 3. The process will be repeated until all responsive bids have been evaluated. The proposal offering the best-value to the City of Whittier will be forwarded for recommendation of award.

TECHNICAL PROPOSAL - Criteria and Weighting

A. Methods Weight: 30 Response must outline the methods for accomplishing the proposed contract, and demonstrate your understanding of the project requirements and constraints. Describe what, when, where, how, and the sequence the work will be done. Specifically, address the following:

Proposed arch structures: o Identify the type of installation. I.e. which components will be cast-in-place; which

components will be pre-manufactured? o Identify the manufacturer, product line, and basic dimensions (shape, span, and rise)

of the proposed arch. o Identify the type of headwalls and wing-walls to be installed (i.e. mechanically

stabilized earth walls, concrete stem walls, etc). Identify if concrete walls will be pre-cast or cast-in-place.

o Identify the engineer that will stamp arch plans and details. o Identify the engineer that will oversee the bedrock potholing.

Temporary stream crossings: o Work may require moving equipment across the streams before the arch structures

are constructed to load-bearing capacity. How will this be done? Submit an electronic schedule in Microsoft Project format, which indicates all planned activities, durations and constraints. Schedule shall be in an accessible file to allow review of the schedule logic. The Offeror's CPM schedule will be evaluated for coordination and scheduling of the different phases of work to ensure timely completion of the project. Address how particular geographic familiarity, experience, and capabilities of your firms (Offeror and Proposed Subcontractors) and Project Staff might specifically contribute to the proposed methods. Identify the amount and type of work to be performed by any Subcontractors. Describe familiarity with Standard Specifications for Highway Construction, 2004 Edition and describe projects completed using these Specifications. Identify any distinct and substantive qualifications for undertaking the proposed contract such as the


availability of specialized equipment or unique approaches or concepts which the firms may use in performing the work.

The response to this section should also include a complete list of proposed plant and equipment to be used on the project, and a Schedule of Values for billing purposes.

B. Proposed Project Staff Weight: 25

Describe the work to be performed by the individuals you name to perform essential functions, and detail their specific qualifications and substantive experience directly related to the proposed contract. Submit resumes of the proposed Project Manager, Site Superintendent and Foreman. Describe the administrative and operational structures that will be used for performing the proposed contract. For example consider: who will have overall responsibility for the contract? What will the lines of authority be? A graphic depiction is preferred in your response to this criterion.

For each person named, identify their: employer, professional discipline or job classification and state of residency. List at least 3 professional references (contact persons and telephone numbers) for each person.

C. Workload and Resources Weight: 10

Response must: (1) discuss both current and potential time commitments of your proposed Project Staff to all clients; (2) discuss the projected workload of each firm (Offeror and Proposed Subcontractors) for all clients; and (3) demonstrate adequate support personnel, facilities and other resources to provide the services required. (4) include aggregate bonding capacity. Briefly address capabilities for providing additional services and/or services under an accelerated schedule.

D. Cost and Quality Controls Weight: 10

The Contracting Agency is concerned with balancing the cost of construction inspections with that of the construction contract to achieve optimum cost effectiveness. Discuss your company's approach to this Project with respect to minimizing the construction engineering and inspection costs while fulfilling the documentation requirements, continuing to assure the quality of the construction, and the proper management of the construction contract. Discuss your firm's in-place plan for Quality Control. Nominate a Quality Control testing agency and submit signed acceptance that the nominated agency shall perform quality control testing if bidder wins award of the project.


E. Past Performance Weight: 20 Response must describe previous projects the project team has worked on that are related in size and scope to this project. Describe the dollar amount of the projects and a brief narrative of the successes of the projects. Address how the experience will help your team to perform under this contract. Provide references (contact name and phone number) for each project. Indicate which of the proposed firms (General Contractor and Subcontractors) and which of the proposed project staff were involved in each project. Include a Statement of Responsibility, indicate any past claims against bonding, and provide current safety rating. The City reserves the right to investigate referenced projects, contact references and research other projects that the respondent has worked on.

F. Quality of Proposal Weight: 5

Offerors do not respond to this criterion. Committee members will rate this criterion based on their perception of the clarity, completeness and presentation of submittal. Note: This criterion is NOT used to evaluate color, graphics or other visual techniques except as they may detract from legibility.

14. Submission of a bid authorizes the Department to investigate all statements, references,

prior projects, and certifications of the Offeror.

15. All questions regarding the project documents and permitting are to be submitted in writing to:

WHPacific Incorporated Attention: Louis Bassler, P.E. 3111 C Street, Suite 300 Anchorage, Alaska 99503 (907) 339-5327 fax

WHITTIER, ALASKA


IV

DISADVANTAGED BUSINESS ENTERPRISE

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smtaylorTypewritten TextShotgun Cove Road Station 98+00 to 104+00









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Form 25A-324 (8/01) Page 2 of 2

EEO-1 CERTIFICATION Federal-Aid Contracts

Project Name and Number

This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60-1.7 (b) (1)] and must be completed by the successful Bidder and each proposed Subcontractor participating in this contract. PLEASE CHECK APPROPRIATE BOXES The [ ]Bidder [ ] Proposed Subcontractor hereby CERTIFIES: PART A. Bidders and proposed Subcontractors with 50 or more year-round employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Form 100 during each year that the two conditions exist (50 employees and a $50,000 federal contract). The company named below (Part C) is exempt from the requirements of submitting the Standard Report Form 100 this year. [ ] NO (go to PART B) [ ] YES (go to PART C) Instructions and blank Standard Report Form 100's may be obtained from a local U.S. Department of Labor office, or by writing to: The Joint Reporting Committee P.O. Box 779 Norfolk, Virginia 23501 Telephone number: (757) 461-1213 PART B. The company named below has submitted the Standard Report Form 100 this year. [ ] NO [ ] YES Note: Bidders and proposed Subcontractors who have not filed the required Standard Report Form 100 and are not exempt from filing requirements will not be awarded this contract or subcontract until Form 100 has been filed for the current year ending June 30. PART C.

Signature of Authorized Company Representative

Title

Company Name

Company Address (Street or PO Box, City, State, Zip) ( )

Date Phone Number

Form 25A-304 (8/01) Page 1 of 1

Civil Rights Office DBE Program

PRIME CONTRACTORS WRITTEN DBE COMMITMENT Federal-Aid Contracts


Name of DBE Firm:

Street Address:

Mailing Address: City:

State: Zip Code:

Telephone Number: Fax number:

Description of the work that DBE firm will perform:

Please provide additional information on a separate sheet of paper.

The dollar amount of participation by the DBE firm: $ Signatures of Authorized representatives of the Prime Contractor and the DBE firm below represent the written commitment by the Prime Contractor to subcontract with the DBE firm as described above and a written commitment by the DBE firm to subcontract for the work described above: Prime Contractor Signature Date DBE Firm Signature Date Prime Contractor Firm: Address:

Telephone Number: Fax number:

Form 25A-326 (8/01) Page 1 of 1

smtaylorTypewritten Text All firms bidding on City of Whittier projects must have a written commitment from each DBE firm to be subcontracted.

Form 25D-6 (02/14)

Civil Rights Office DBE Program

BIDDER REGISTRATION All firms are required to submit a Bidders Registration form before project can be awarded. The Bidder Registration form must be submitted to the Civil Rights Officer (CRO) on an annual basis by January 1 and is valid thru December 31. Complete this form for each contractor and subcontractor. Firms will be listed on the bidder registration online directory http://www.dot.state.ak.us/cvlrts/bidreg.shtml.

Name of Firm:

Street Address:

Mailing Address:

Contact Name:

Telephone Number:

Fax number:

E-mail Address:

Date Firm was Established:

The firm listed above is a (check all that apply): Prime Contractor? Subcontractor? Identify specialty: ______________________

Service Provider? Identify service: ______________________ Material Supplier? Identify material: ______________________ Manufacturer? Identify product: ______________________ Certified DBE? * *DBE- Disadvantaged Business Enterprise Self-Certified SBE? * *SBE- Small Business Enterprise (Complete page 2 of this form.)

Firms gross annual receipts:

< $500,000

$500,000- $999,999

$1,000,000- $4,999,999

$5,000,000- $9,999,999

$10,000,000- $16,999,999

> $17,000,000

Type of contracts/proposals bid by the firm (check all that apply):

Highways Airports Transit AMHS

Signature of Company Representative Title Date

Send this completed form to: OR You may fax your completed form to: ADOT&PF Civil Rights Office (907) 269-0847 PO Box 196900 Anchorage, Alaska 99519-6900

If you have any questions, please call (907) 269-0851.

Form 25D-6 (02/14)

SMALL BUSINESS ENTERPRISE PROGRAM (SBE) BIDDERS REGISTRATION

[Complete the below only if you are a Self-Certified SBE Firm] All businesses are required to submit a SBE Bidders Registration form before a City of Whittier contract can be awarded. The bidders Registration from must be submitted on an annual basis by January 1 and is valid thru December 31. In order to verify your firms compliance with business size standards under 49 CFR 26.67(2)(i) and 26.65(b), at the time of award you will be required to submit the following documents: SBE Affidavit of Certification Eligibility Personal Financial Statement Past three years of your corporations and/or individual tax returns If not a certified DBE, please provide documentation that you are self-certified as a small business (please contact Procurement Technical Assistance Center (PTAC) at 907-274-7232 if you require assistance on becoming a self-certified small business)

At time of award send required documentation to: DOT&PF Civil Rights Office Attn: Certification PO Box 196900 Anchorage, Alaska 99519-6900 Fax: (907) 269-0847

Fostering Small Business Participation (SBE) (49 CFR 26.39): To meet the requirements of 49 CFR 26.39, DOT&PF has implemented a Small Business Enterprise Program. This component is only applicable to federally funded projects. A. SBE Directory Information

1. Can you verify at time of award that your firm does not exceed the business size standards of $22.41 million for the last three years of gross annual receipts per 49 CFR 26.65(b)?

*If you marked No you do not qualify for the SBE Program

[ ]Yes [ ] No*

2. Can you verify at time of award that your firm does not exceed the personal net worth standards of $1.32 million per 49 CFR 26.67(2)(i)?

*If you marked No you do not qualify for the SBE Program

[ ]Yes [ ] No*

3. Contact Info.

Name of Firm Contact Name

Telephone Number Fax Number

Email Address Company Website

gfe-checklist.doc

GOOD FAITH EFFORT (GFE) SUBMITTAL CHECKLIST

Include the following completed forms: DBE Subcontractable Items List (Form 25A-324) Contact Report (Form 25A-321A) (one for each mandatory contact in the

work categories specified on the DBE Subcontractable Items List) DBE Utilization Report (Form 25A-325C) Summary of GFE Documentation (Form 25A-332A) Subcontractor List (Form 25D-5) Copy of the Request for Bid Solicitation to DBEs

Notify all DBEs in each subcontractable work category at least 7 calendar days

prior to bid opening, with no less than 5 days to respond Follow-up contact to all DBEs who did not initially respond May reject quotes received after deadline/must be consistent with all quotes

received for the project For DBE bids declared non-competitive, include copies of the DBE and non-DBE

bid quotes. DBE quotes may be rejected as non-competitive with documentation supporting that the DBE sub is more than 10.0% higher than the non-DBE. The prime must contract with the non-DBE sub when declaring a DBE firm non-competitive.

Offered bonding/insurance assistance to DBEs Offered assistance to DBEs with information about securing equipment,

supplies, materials, or related assistance/services Provided DBEs with adequate information to provide a quote.

All GFEs must meet all criteria in Specification 120. All bidders (prime and subcontractors) must submit a Bidders Registration form

(25D-6) annually (July 1) to the Civil Rights Office.

CONTACT REPORT Federal-Aid Contracts


Specific Work or Materials (by pay Item): _____________________________________________________________________

DBE Firm Contacted:

( ) _____________Name Address Phone Number

A. INITIAL CONTACT: (See important contact information on instruction sheet)

1. Date Method:

[ ] Phone [ ] Mail [ ]FAX [ ] Other 2. Person

Contacted

Name Title

3. DBE's Response: Date: __________________ Method: [ ] Phone [ ] Mail [ ]FAX [ ] Other [ ] Submitted an acceptable sub-bid. (If sub-bid accepted, skip to Section D) [ ] Not interested: Indicate Reason(s) _________________________________________________________ [ ] Needs more information: Date Prime provided requested information ________________ [ ] Will provide quote by: Date _______________________ [ ] Received unacceptable sub-bid (complete Section C)

B. FOLLOW-UP CONTACT

1. Date

Method:

[ ] Phone [ ] Mail [ ]FAX [ ] Other 2. Person

Contacted

Name Title

3. DBE's Response: Date: __________________ Method: [ ] Phone [ ] Mail [ ]FAX [ ] Other

[ ] Submitted an acceptable sub-bid. (If sub-bid accepted, skip to Section D) [ ] Received unacceptable sub-bid (complete Section C) [ ] Other result: ______________________________________________________________________________

C. EXPLANATION OF FAILURE TO ACHIEVE AN ACCEPTABLE SUB-BID: 1. Were the following required efforts made?

a. [ ] Yes [ ] No Identified specific items of work, products, materials, etc. when asking for quote(s).

b. [ ] Yes [ ] No Offered assistance in acquiring necessary bonding & insurance.

c. [ ] Yes [ ] No Provided all appropriate information concerning the specific work items or materials.

2. Was the DBE's quote non-competitive (i.e., more than 10% higher than the accepted quote)? [ ] Yes [ ] No 3. Was the DBE unable to perform in some capacity? [ ] Yes [ ] No If "Yes", explain: _______________________ D. CERTIFICATION: I certify that the information provided above is accurate and that efforts to solicit sub-bids were made in

good faith.

Signature of Company Representative Title Date

Name of DOT&PF Reviewer Title Date

Form 25A-321A (1/02) Page 1 of 2

Form 25A-325C (3/2012)

A. It

B. It met the DBE Goal for the project. If it has not met the goal, the required attached herto.

C.

*or expenditure amount or fee/commission amount **(Subcontract amount Goal Participation %)

Total Creditable DBE Utilization amount $Basic Bid Amount $DBE Utilization % of Basic Bid Amount %DBE Project Goal %

( )Date Phone Number

If more room is necessary, submit additional, signed copies of this form.

Listed below are the certified DBEs to be used in meeting the DBE goal. Included are the firm name, bid items or portions of work to be performed by the item number, type of DBE credit claimed, and the credible dollar amount to be counted toward the goal.

Signature of Authorized Company Representative

CREDITABLE DOLLAR AMOUNT**

BID ITEM, WORK, OR PRODUCT

FIRM NAME TYPE OF CREDIT

Company Name Company Address (Street or PO Box, City, State, Zip)

UTILIZATION REPORTDISADVANTAGED BUSINESS ENTERPRISE

Title


The undersigned hereby certifies on behalf of the bidder that: a DOT & PF certified DBE or DBE joint venture.

documentation of sufficient good faith efforts

Federal-Aid Contracts

SUBCONTRACT AMOUNT*

is is not

has nothas

is

Form 25A-321A (1/02) Page 2 of 2

INSTRUCTIONS Project Name and Number: Enter project name and number as they appear on bid documents. Work or Materials: Identify the specific work item or material that you requested this firm to furnish. Firm Contacted: Enter name of firm as it appears in the current DOT&PF DBE directory. Address: Enter address of firm contacted. Phone Number: Enter phone number of firm contacted. A. INITIAL CONTACT (Must be made at least seven calendar days prior to bid opening.) 1. Date and Method of Initial Contact: Indicate the method and date that actual contact was made or the date

correspondence was postmarked. Leaving a "please call me" message does not constitute a contact. Attach a copy of dated letter or fax.

2. Name and Title of Person Contacted. Enter name and title of company representative with whom you corresponded or

discussed submitting a sub-bid. 3. DBE's Response: Indicate one or more of the responses listed. If a firm bid was received and accepted, skip to section D. B. FOLLOW-UP CONTACT If no response or an inconclusive response was received from the initial contact, a follow-up contact is required to determine for a certainty that the firm does not intend to submit a sub-bid or to conclude discussions with a sub-bid submittal. 1. Date and Method of Follow-up Contact: Indicate the method and date that actual contact was made or the date

correspondence was postmarked. Leaving a "please call me" message does not constitute a contact. Attach a copy of dated letter or fax.

2. Name and Title of Person Contacted. Enter name and title of company representative with whom you corresponded or

discussed submitting a sub-bid. 3. DBE's Response: Indicate one or more of the responses listed. If a firm bid was received and accepted, skip to section D. C. EXPLANATION OF FAILURE TO ACHIEVE AN ACCEPTABLE SUB-BID 1. A NO response to items 1a., b., or c. will result in rejection of this contact. Be specific on results of discussions. 2. A YES answer to item 2. is grounds for rejecting a DBE sub-bid. 3. A YES answer to item 3. is grounds for rejecting a DBE sub-bid, only if the inability to perform is in an area of work

specifically identified as a sub-item under the applicable bid item.

D. CERTIFICATION This certification of accuracy and good faith by the Contractor will be verified by contact with the listed firm. Falsification of information on the DBE Contact Report is grounds for debarment action under AS 36.30.640(4).

WHITTIER, ALASKA


V

BID PROPOSAL

BP - 1

BID PROPOSAL

TO: CITY OF WHITTIER _________________________, 2015 c/o WHPacific Incorporated 300 W. 31st Avenue Anchorage, Alaska 99503

SUBJECT: Invitation to Bid No. 15-001 Project Title: Shotgun Cove Road Station 98+00 to 104+00

Pursuant to and in compliance with subject Invitation to Bid, and other bid documents relating thereto, the Bidder hereby proposes to furnish all labor and materials and to perform all work for the construction of the above referenced project in strict accordance with the bid documents at the prices established in the Bid Proposal, Pages BP-1 through BP-4 submitted herewith.

The Bidder agrees, if awarded the contract, to commence and complete the work within the time specified in the bid documents.

The Bidder acknowledges receipt of the following agenda: Addenda No. ______________________ Date of Addenda ____________________ Addenda No. ______________________ Date of Addenda ____________________ Addenda No. ______________________ Date of Addenda ____________________ Enclosed is a Bid Bond in the Amount of __________________________________ (Dollar Amount or Percentage of Bid) Type of Business Organization

The Bidder, by checking the applicable box, represents that it operates as ( ) a corporation incorporated under the laws of the State of ____________________, ( ) an individual, ( ) a partnership, ( ) a non-profit organization, or ( ) a joint venture. If a partnership or joint venture, identify all parties on a separate page.

Alaska Contractors License _________________________________ Number: __________________________ (Bidder/Company Name) Employers Tax Identification _________________________________ Number: __________________________ (Address of Bidder) _________________________________ _________________________________ (Signature) Phone: __________________________ _________________________________ (Name/Title)

BP - 2


Item No. Item Description Unit Quantity Unit Bid Price Amount Bid

201 (3B) Clearing and Grubbing Lump Sum All Req'd Lump Sum

203 (3) Unclassified Excavation Cubic Yard 390

203 (5A) Borrow, Type A Cubic Yard 2,600

203 (5C) Borrow, Type C Cubic Yard 3,100

301 (2) Aggregate Base Course, Grading D-1 Cubic Yard 300

530 (1) Bedrock Pothole Each 12

530 (2) Arch: Second Salmon Run, West Fork Lump Sum All Req'd Lump Sum

530 (3) Arch: Second Salmon Run, East Fork Lump Sum All Req'd Lump Sum

530(4) 2 Inch HDPE Conduit Linear Foot 800

530 (5) 6 Inch HDPE Conduit Linear Foot 200

530 (6) 6 Inch PVC Conduit Linear Foot 400

606 (1) W-Beam Guardrail Linear Foot 150

606 (13) Parallel Guardrail Terminal Each 4

606 (16) Transition Rail Each 8

614 (1) Concrete Barrier Linear Foot 150

615 (1) Standard Sign Square Foot 16

627 (11) 12 Inch Arctic Insulated Pipe Linear Foot 219

BID SCHEDULE

Before preparing this Bid Schedule, read carefully the "Invitation to Bid" and "Special Notice to Bidders".

The Bidder shall insert a unit price or a lump sum price in figures opposite each pay item in the bid

schedule. The estimated quantity of work for payment on a lump sum basis will be "all required" and as

further specified in the contract.

Wherever a contingent amount is shown for an item in this bid schedule, such amount shall govern and be

included in the bid total.

The Bidder shall insert a price for each pay item listed below. Type or print legibly.

Basic Bid: Shotgun Cove Road Station 98+00 to 104+00

City of Whittier,

Shotgun Cove Road

Station 98+00 to 104+00 BP - 3 Bid Submitted By: ___________________

BID SCHEDULE

Item No. Item Description Unit Quantity Unit Bid Price Amount Bid

630 (1) Geotextile, Separation Square Yard 950

640 (1) Mobilization and Demobilization Lump Sum All Req'd Lump Sum

641 (1)Erosion, Sediment, and Pollution Control

AdministrationLump Sum All Req'd Lump Sum

641 (3)Temporary Erosion, Sediment, and

Pollution ControlLump Sum All Req'd Lump Sum

642 (1) Construction Surveying Lump Sum All Req'd Lump Sum

642 (3) Three Person Survey Party Hour 24

643 (2) Traffic Maintenance Lump Sum All Req'd Lump Sum

643 (3) Permanent Construction Signs Lump Sum All Req'd Lump Sum

646 (1) CPM Scheduling Lump Sum All Req'd Lump Sum

Total Basic Bid

Basic Bid: Shotgun Cove Road Station 98+00 to 104+00

City of Whittier,

Shotgun Cove Road

Station 98+00 to 104+00 BP - 4 Bid Submitted By: ___________________

WHITTIER, ALASKA


VI

BID BOND

Bid Bond - 1

BID BOND

KNOWN ALL WHO SHALL SEE THESE PRESENTS, That we, ________________________ _______________________________ of _______________________________________ as Principal, and ________________________________________________________________ a corporation organized under the laws of the _________________________________________ ________________________________________________and authorized to transact surety business in the State of Alaska, of _________________________________________________ , as Surety, are held and firmly bound unto the CITY OF WHITTIER, as Obligee, in the full and just sum of ____________________________________________________________________ (______________________) Dollars, lawful money of the UNITED STATES, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for:


The condition of this obligation is such that if the aforesaid Principal will, within the time required enter into a formal Contract and give a good and sufficient bond to secure the performance of the terms and conditions of the Contract, then this Obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the amount stated above. Signed, sealed, and delivered _________________________________, 2015. WITNESS AS TO PRINCIPAL:

_________________________________ _______________________________________ (Contractor Name) _______________________________________ (Contractor Signature) _______________________________________ (Name/Title) (AFFIX CORPORATE SEAL) _______________________________________ (Corporate Surety) _______________________________________ (Surety Business Address) By: ____________________________________ (Attorney-in-Fact) (AFFIX SURETY SEAL)

Bid Bond - 1


WHITTIER, ALASKA


VII

CONTRACT AND CONTRACT PERFORMANCE AND PAYMENT BOND

Contract - 1

CONTRACT

Invitation to Bid No.

Contract No. _________________________

NAMES AND ADDRESS OF CONTRACTOR: ____________________________________ Check appropriate box:

____________________________________ q Individual

____________________________________ q Partnership

____________________________________ q Incorporated in the State of ______________________________ CITY OF WHITTIER (hereinafter the Owner) Contract for:


Bid Schedules Items Plan Sheet

File Numbers Amount

Total Amount: ________________________

TOTAL AMOUNT OF CONTRACT IN WORDS: ____________________________________

______________________________________________________________________________

THIS CONTRACT, entered into by the Owner named above, and the individual, partnership, or corporation named above hereinafter called Contractor, WITNESSETH that the parties hereto do mutually agree as follows: Statement of Work: The Contractor shall furnish all labor, equipment, and materials and perform the Work above described, for the amount stated, in strict accordance with the Contract Documents.

Contract No. ___________________________

Contract - 2

CONTRACT DOCUMENTS

I. One of the following:

X _ Alaska Department of Transportation and Public Facilities Standard Specifications for Highway Construction, 2004 Edition

N/A __ Municipality of Anchorage Standards Specifications, 1994 (MASS)

N/A __ Municipality of Anchorage Standard Specifications-Buildings, 1994 (MASSB)

(Place an X or N/A where applicable)

II. Specifications consisting of the following:

X _ Special Provisions consisting of _77_ pages numbered __1___ through __77___.

N/A Technical Specifications consisting of Chapters _____ through _____.

(Place an X or N/A where applicable)

III. This Contract consists of three (3) pages.

IV. The Contract Performance and Payment Bond consisting of two (2) pages dated ______________________, 2015.

V. The Bid Proposal including unit price schedule(s) consisting of __4__ pages numbered __BP-1____ through ___BP-4___.

VI. The Contractors Certification of Insurance dated _______________________________ .

VII. The Laborers and Mechanics Minimum Rates of pay dated Current Version .

VIII. The Drawings consisting of __21___ sheets.

IX. Addenda No. _____ through _____.

X. Other

All work shall be completed by October 17, 2015.

Contract - 3

Contract No. ___________________________

IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the Contract Date entered below. CITY OF WHITTIER, ALASKA CONTRACTOR: _____________________ (Name) By: ________________________________ By: ________________________________ (Signature) (Signature) ____________________________________ ____________________________________ (Name/Title) (Name/Title) Date of Signature: ____________________ Date of Signature: ____________________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT )

THIS IS TO CERTIFY that on this ______ day of ________________________________, 2014

before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned

and sworn as such, personally appeared _____________________________________________ ,

to me known to be a/the __________________________________________________________

(individual, partner, president, etc.) of _______________________________________________

named in the foregoing instrument, and s/he acknowledged to me that s/he has his/her official

capacity aforesaid executed the foregoing instrument as the free act and deed of the said ______ ,

(individual, partnership, corporation, etc.) for the uses and purposes therein stated. Witness my

hand and official seal of the day and year first above written.

__________________________________________ Notary Public in and for Alaska My Commission Expires: ____________________

Contract - 4

CONTRACT AND CONTRACT PERFORMANCE & PAYMENT BOND

SIGNATURE INSTRUCTIONS

1. The full name and business address of the Contractor shall be inserted on Page 1 of the Contract on the Contract Performance and Payment Bond, hereinafter the Bond.

2. Two copies of the Contract and the Bond shall be manually signed by the Contractor. If the Contractor is a partnership or joint venture, all partners or joint ventures shall sign the Contract and the Bond except that one partner or one joint venturers have executed a Power-of-Attorney authorizing one partner or joint venture to sign. The Power-of-Attorney shall accompany the executed Contract and the Bond.

3. If the Contractor is a corporation, the President of the corporation shall execute the Contract and the Bond unless a Power-of-Attorney or corporate resolution authorizes another officer to bind the corporation. The Power-of-Attorney or corporate resolution shall accompany the executed Contract and the Bond.

4. The Bond shall be returned to Purchasing Division undated. The Contract date shall be inserted on the Contract when the City of Whittier signs the Contract and the Bond shall be dated the same as the Contract Date.

Contract Performance and Payment Bond - 1

CONTRACT PERFORMANCE AND PAYMENT BOND

Bond No. _________________

KNOW ALL WHO SHALL SEE THESE PRESENTS, That we, _________________________ ____________________________________ of ______________________________________ As Principal, and _______________________________________________________________ A corporation organized under the laws of the ________________________________________ _______________________________________ and authorized to transact surety business in the State of Alaska, of _________________________________________________ , as Surety, are held and firmly bound unto the CITY OF WHITTIER, as Obligee, in the full and just sum of ____________________________________________________________________ ( ) Dollars, lawful money of the UNITED STATES, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that whereas the Principal has entered into a certain contract dated the _____ day of __________________, 2015, with the Obligee for the construction of:


which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract, and shall promptly make payments to all persons supplying labor and materials in the prosecution of the Work provided for in said Contract, during the original term of said Contract and any extensions or modifications thereof that may be granted by the City of Whittier, with or without notice to the Surety, then this obligation to be void; otherwise to remain in full force and effect. This obligation is made for the use of said Obligee and also for the use and benefit of all persons who may perform any work or labor or furnish any materials in the execution of said Contract and may be sued on thereby in the name of the said Obligee. The said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same, shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof in ______________ original counterparts as of the _________ day of ___________, 2015

Contract Performance and Payment Bond - 2

WITNESS AS TO PRINCIPAL: ____________________________________ ____________________________________ (Contractor Name) ____________________________________ (Contractor Signature) ____________________________________ (Name/Title) (AFFIX CORPORATE SEAL) ____________________________________ (Corporate Surety) ____________________________________ (Surety Business Address)

By: ________________________________ (AFFIX CORPORATE SEAL) (Attorney-in-Fact)

WHITTIER, ALASKA


VIII

CERTIFICATE OF INSURANCE

WHITTIER, ALASKA


IX

STANDARD MODIFICATIONS AND SPECIAL PROVISIONS TO THE ADOT&PF

STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION, 2004 EDITION

SHOTGUN COVE ROAD STATION 98+00 TO 104+00 ALASKA 2004

PART IX

STANDARD MODIFICATIONS

AND

SPECIAL PROVISIONS

To the STATE OF ALASKA

STANDARD

SPECIFICATIONS

FOR

HIGHWAY CONSTRUCTION

2004

EDITION

SHOTGUN COVE ROAD STATION 98+00 TO 104+00 I ALASKA 2004

TABLE OF CONTENTS Section Page

DIVISION 100 GENERAL PROVISIONS

101 Definitions & Terms .......................................................................................................... 1 102 Bidding Requirements & Conditions ................................................................................. 3 103 Award & Execution of Contract ......................................................................................... 4 104 Scope of Work .................................................................................................................. 6 105 Control of Work ................................................................................................................ 7 106 Control of Material ...........................................................................................................11 107 Legal Relations & Responsibility to Public .......................................................................14 108 Prosecution & Progress ...................................................................................................20 109 Measurement & Payment ................................................................................................24 120 Disadvantaged Business enterprise (DBE) Program .......................................................26

DIVISION 200 EARTHWORK

201 Clearing & Grubbing ........................................................................................................35 203 Excavation & Embankment..............................................................................................36 204 Structure Excavation for Conduits & Minor Structures .....................................................41

DIVISION 500 STRUCTURES

530 Open Bottom Arches .......................................................................................................42

DIVISION 600 MISCELLANEOUS CONSTRUCTION

603 Culverts & Storm Drains ..................................................................................................46 606 Guardrail .........................................................................................................................48 611 Riprap .............................................................................................................................51 615 Standard Signs ................................................................................................................52 616 Thaw Pipe & Thaw Wire ..................................................................................................54 627 Water System ..................................................................................................................55 636 Gabions ...........................................................................................................................58 641 Erosion, Sediment, and Pollution Control ........................................................................60 642 Construction Surveying & Monuments .............................................................................67 643 Traffic Maintenance .........................................................................................................68 646 CPM Scheduling ..............................................................................................................70 703 Aggregates ......................................................................................................................71 706 Concrete & Plastic Pipe ...................................................................................................72 710 Metal Pipe .......................................................................................................................73 710 Fence & Guardrail ...........................................................................................................74 730 Sign Materials .................................................................................................................76

Index .........................................................................................................................................77

SHOTGUN COVE ROAD STATION 98+00 TO 104+00 1 ALASKA 2004

SECTION 101

DEFINITIONS AND TERMS

Special Provisions 101-1.01 GENERAL. Add the following: The Project owner is the City of Whittier. Project work is located on lands belonging to the City of Whittier and private landowners as shown on the Plans. The Contractor awarded the bid for this project and all subcontractors are required to obtain a City of Whittier business license. Add the following: REFERENCE TO ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES STANDARD SPECIFICATIONS: All references to Department contained in the above referenced Standard Specifications shall be changed to City of Whittier. 101-1.03 DEFINITIONS. DEPARTMENT. The City of Whittier SCR-Ph4 Standard Modifications PLANS. Delete Text of PLANS and replace with: The Departments Contract drawings, profiles, typical cross sections, standard drawings, and supplemental drawings or reproductions showing the location, character, dimensions, and details of the work. E32-012707 Add the following definition: QUALIFIED PRODUCTS LIST. A list of companies and products that the Department has found conforms to the SSHC. E36-012707 Insert the following definition after RESPONSIVE BID: RETAINAGE. A percentage of a payment established in advance under a contract or subcontract to be withheld from progress payment due on the contract or subcontract. Payment or a percentage of payment withheld for unsatisfactory performance is not retainage.

SECTION 101


E101-030512 Replace the definitions of SUBGRADE with the following: SUBGRADE. The soil or embankment upon which the pavement structure is constructed. E22-010106


SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

Standard Modification 102-1.04 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND WORK SITE. Replace the second paragraph with the following: The records of geotechnical investigations including boring logs, test results, geology data reports, soil reports, material site reports, and geotechnical reports included in a bid package or made accessible to bidders or Contractors, are for information purposes only. These records are not part of the Contract. These records indicate subsurface conditions only at specific locations and times, and only to the depths penetrated. They do not necessarily reflect variations in soil, rock, or groundwater conditions that may exist between or outside such locations. Actual conditions may differ from what is shown in the records. Material Sources referenced in these records may not contain materials of sufficient quantity or quality to meet project requirements. The accessibility of these records does not constitute approval, nor guarantee suitability of soils or sources, or the rights to use sources for this project, except as specifically provided in subsections 106-1.02.4.b Mandatory Sources and 106-1.02.4.c Designated Sources. The records shall not substitute for independent investigation, interpretation, or judgment of the bidder or Contractor. The Department is not responsible for any interpretation or conclusion drawn from its records by the bidder or Contractor. Bidders and Contractors shall examine subsection 106-1.02 Material Sources for further information about material source development. E23-010106 102-1.05 PREPARATION OF BID. Modify the second sentence in the third paragraph, after: If a bidder is a corporation, the bid must be signed by a corporate officer, add: or agent. E18-063004 Special Provision 102-1.11 ADDENDA REQUIREMENTS. Delete this Subsection in its entirety and substitute the following: Addenda will be issued to the individual or company to whom bidding documents were issued. Addenda may be issued by any reasonable method such as hand delivery, mail, fax, email, courier, and in special circumstances by phone. Addenda will be issued to the address, fax number or phone number as stated on the plan-holders list unless picked up in person or included with the bid documents. It is the bidders responsibility to ensure that he has received all addenda affecting the Invitation for Bids. Addenda shall be acknowledged on the Proposal prior to the scheduled time of bid opening. If no addenda are received by the bidder, the word None should be entered on the Proposal Form. SCR-Ph4


SECTION 103

AWARD AND EXECUTION OF CONTRACT

Special Provision 103-1.03 AWARD OF CONTRACT. Delete the first sentence and add the following: The City of Whittier will award the contract to the bidder judged to offer the best value to the City of Whittier, after evaluation of the technical and price proposals submitted. The City of Whittier will notify all bidders in writing of its intent to award. Standard Modifications Delete Subsection 103-1.05 and replace with the following:

103-1.05 PERFORMANCE AND PAYMENT BONDS. The successful bidder shall furnish all required Performance and Payment Bonds on forms provided by the Department for the sums specified in the Contract. If no sum is specified, the successful bidder shall comply with AS 36.25.010. The Surety on each bond may be any corporation or partnership authorized to do business in the state as an insurer under AS 21.09 or two individual sureties approved by the Contracting Officer. If individual sureties are used, two individual sureties must each provide the Department with security assets located in Alaska equal to the penal amount of each bond. Any costs incurred by the Contractor and the individual Surety are subsidiary and shall be borne by the Contractor or the individual Surety. In no event will the Department be liable for these Costs. Individual sureties shall provide security by one, or a combination, of the following methods: 1. Escrow Account, with a federally insured financial institution, in the name of the Department.

Acceptable securities include, but are not limited to, cash, treasury notes, bearer instruments having a specific value, or money market certificates.

2. Irrevocable letters of credit, with a financial institution approved by the Contracting Officer.

3. Cashiers or certified check, made payable to the State of Alaska issued by financial institutions approved by the Contracting Officer.

These bonds and security assets, as applicable, shall remain in effect for 12 months after the date of final payment or, if longer, until all obligations and liens under this Contract are satisfied, including, but not limited to, obligations under Subsection 107-1.19. The Department may, in its discretion, notify the bonding company or Surety of any potential default or liability. The Contractor shall substitute, within five working days, another bond or surety acceptable to the Department if an individual Surety or the Surety on any bond furnished in connection with the Contract: 1. Becomes insolvent or is declared bankrupt; 2. Loses its right to do business in any state affecting the work; 3. Ceases to meet Contract requirements; 4. Fails to furnish reports of financial condition upon request; or 5. Otherwise becomes unacceptable to the Department.

SECTION 103


When approved by the Contracting Officer, the Contractor may replace: 1. An individual surety with a corporate surety; or 2. Posted collateral with substitute collateral. Failure to maintain the specified bonds or to provide substitute bonds when required under this section may be grounds for withholding contract payments until substitute bonding is obtained, and may, in the Departments discretion, be grounds for declaring the Contractor in default. E65-022309 Special Provision 103-1.06 INSURANCE REQUIREMENTS. Delete the first sentence and substitute the following: The Contractor shall provide evidence of insurance with an insurance carrier or carriers satisfactory to the City of Whittier covering injury to persons and property suffered by the City of Whittier or by a third party as a result of operations under this contract by the Contractor or by any subcontractor. 103-1.08 FAILURE TO EXECUTE CONTRACT. Delete in its entirety and replace with the following: If the successful bidder fails to appropriately execute and return the Contract Form and other documents within time specified, as required above, the City of Whittier may cancel the intent to award and keep the bid guarantee. The City of Whittier will then, in its discretion, award the Contract to the bidder offering the next best value or re-advertise the work. SCR-Ph4


SECTION 104

SCOPE OF WORK

Standard Modifications 104-1.01 INTENT OF CONTRACT. Add to the end of this subsection: The Contractor is responsible for the means, methods, techniques, sequence, or procedures of construction, safety, quality control, and to perform or furnish the work in accordance with the Contract documents. E58-072808


SECTION 105

CONTROL OF WORK

Standard Modifications 105-1.02 PLANS AND WORKING DRAWINGS. In the third paragraph delete: "(24"x36")" and replace with: (22"x34") 105-1.03 CONFORMITY WITH PLANS AND SPECIFICATIONS. In the first sentence of the first paragraph after: "Work performed and materials furnished shall conform to the Plans and Specifications" add: and approved Working Drawings, In the first sentence of the second paragraph after: "All work or material not conforming to the Plans and Specifications" add: and approved Working Drawings, E33-012707 Special Provision 105-1.12 LOAD RESTRICTIONS. Add the following: Overload and oversize permits are required to move oversized items between the Port of Anchorage and/or an Anchorage fabricating yard and the job site. No overloads will be allowed through the Anton Anderson Memorial Tunnel or over the Shakespeare and Whittier Creek bridges. Unless otherwise permitted by the overload permit officer, any permit will be subject to the following limitations: Maximum Single Axle Load 20,000 lbs. Maximum Tandem Axle Load 38,000 lbs. Maximum Triple Axle Load 42,000 lbs. Maximum Four Axle Load 50,000 lbs. SCR-Ph4

SECTION 105


Standard Modifications 105-1.13 MAINTENANCE DURING CONSTRUCTION. Add the following at the end of this subsection: Costs of maintenance work during construction and before the project is accepted as substantially complete shall be subsidiary to the prices bid on the various Contract items, and the Contractor will not be paid an additional amount for such work. If in the Engineer's opinion, the Contractor at any time fails to provide adequate maintenance, the Engineer will notify the Contractor of such noncompliance. The notification will specify the areas or structures for which there is inadequate maintenance, the corrective maintenance required, and the time allowed to complete corrective maintenance. If the Contractor fails to take corrective action within the specified time, the Engineer may: 1. Suspend the work until corrective maintenance is completed; 2. Assess a traffic price adjustment against the Contract Amount when an adjustment rate is

specified in the Contract; and 3. Employ others for corrective maintenance and deduct the cost from the Contract amount. E33-012707 105-1.15 PROJECT COMPLETION. In the second paragraph, second sentence, delete: Subsection 621-3.04 and replace with: Subsection 618-3.06 and 621-3.04. In the third paragraph, first sentence, delete: Subsection 621-3.04 and replace with: Subsection 618-3.06 and 621-3.04. E59-072808 105-1.16 FINAL ACCEPTANCE AND RECORD RETENTION. Modify the first paragraph, Item 4. after: DOLWD add: and State Department of Revenue. E19-063004 Special Provision 105-1.17 CLAIMS. Delete the entire Subsection and substitute the following: The Contractor shall notify the Engineer as soon as the Contractor becomes aware of any act or occurrence that may form the basis of a claim for additional compensation or an extension of Contract time or of any dispute regarding a question of fact or interpretation of the Contract. The Engineer has no obligation to investigate any fact or occurrence that might form the basis of a claim or to provide any additional compensation or extension of Contract time unless the Contractor notifies the Engineer in a timely manner of all facts the Contractor believes form the basis for the claim. If the claim or dispute is not resolved by agreement within seven days of the date the Engineer is notified by the Contractor, the Contractor shall within the next fourteen days submit an Intent to Claim in writing to the Engineer.

SECTION 105


If the Contractor believes additional compensation or time is warranted, the Contractor will immediately begin keeping complete, accurate, and specific daily records concerning every detail of the potential claim including actual costs incurred, and will give the Engineer access to any such records and furnish the Engineer copies, if requested. Equipment costs must be based on the Contractor's internal rates for ownership, depreciation, and operating expenses and not on published rental rates. The Contractor will submit a written claim to the Contracting Officer within 90 days after the date the Contractor became aware of the basis of the claim or should have known of the basis of the claim, whichever is earlier. The Contracting Officer will issue written acknowledgement of the receipt of the claim. The Contractor waives any right to claim if the Engineer was not notified properly or afforded the opportunity to inspect conditions or monitor actual costs or if the Claim is not filed on the date required.

1. The written Claim must include all of the following:

a. The act, event, or condition giving rise to the claim; b. The Contract provisions that apply to the claim and that provide for the requested relief; c. The item or items of Contract work affected and how they were affected; d. The specific relief requested, including Contract time if applicable, and the basis upon

which it was calculated; e. Revised progress schedules under Subsection 1081.03; and f. A certification signed by the Contractor that the claim is made in good faith, that the

supporting cost and pricing data are accurate and complete to the best of the Contractor's knowledge and belief, and that the amount requested accurately reflects the Contract adjustment that the Contractor believes is due.

2. The claim, in order to be considered, must show:

a. That the Contractor suffered damages or delay; b. The damages or delay were caused by the act, event, or condition listed in the claim;

and c. That the Contract entitled the Contractor for relief due to the act, event, or condition

specified in the Claim.

The Department may request the Contractor to provide additional information relating to the claim at any time before issuing a decision. The Contractor will provide the Department with the requested additional information within 30 days of receiving a request. Failure to furnish the additional information may be regarded as a waiver of the claim. The Contracting Officer will issue a decision within 90 days of receipt of all information relating to the claim. The time for the Contracting Officer to issue a decision may be extended in accordance with AS 36.30.620. The Contracting Officer's decision is final and conclusive unless the Contractor delivers a notice of appeal to the City Manager within 14 days of receipt of the decision. The Contractor will also serve a copy of the notice of appeal on the Contracting Officer. An appeal by a contractor may not raise any new factual issues or theories of recovery that were not presented to and decided by the procurement officer in the decision under AS 36.30.620 (b),

SECTION 105


except that a contractor may increase the contractor's calculation of damages if the increase arises out of the same operative facts on which the original claim was based. Criminal and civil penalties authorized under AS 36.30.687 (including, but not limited to, forfeiture of all claimed amounts) may be imposed on the Contractor if the Contractor makes or uses a misrepresentation in support of a claim, or defrauds or attempts to defraud the Department at any stage of prosecuting a claim under this Contract. SCR-Ph4


SECTION 106

CONTROL OF MATERIAL

Standard Modifications 106-1.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. In fifth paragraph, in two places remove the text. Approved Products List and replace with: Qualified Products List E36-012707 Special Provision 106-1.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. Add the following: Buy America Provision. The Contractor Shall comply with the requirements of 23 CFR 635.410, Buy America Requirements, and shall submit a completed Material Origin Certificate, Form 25D-60, prior to award of the contract. All steel and iron products which are incorporated into the work, shall be manufactured in the United States except that minor amounts of steel and iron products of foreign manufacture may be used, provided the aggregate cost of such does not exceed one tenth of one percent (0.001) of the total contract amount, or $2500, whichever is greater. For the purposes of this paragraph, the cost is the value of the products as they are delivered to the project including freight. Manufactured in the United States means that all manufacturing processes starting with the initial mixing and melting through the final shaping, welding, and coating processes must be undertaken in the United States. The definition of manufacturing process is smelting or any subsequent process that alters the materials physical form, shape or chemical composition. These processes include rolling, extruding, machining, bending, grinding, drilling, etc. The application of coatings, such as epoxy coating, galvanizing, painting or any other coating that protects or enhances the value of steel or iron materials shall also be considered a manufacturing process subject to the Buy America Requirements. Buy America does not apply to raw materials (iron ore), pig iron, and processed, pelletized and reduced iron ore. It also does not apply to temporary steel items (e.g., temporary sheet piling, temporary bridges, steel scaffolding, and falsework). Further, it does not apply to materials which remain in place at the Contractors convenience (e.g., sheet pilings, and forms). The North American Free Trade Agreement (NAFTA) does not apply to the Buy America requirement. There is a specific exemption within NAFTA (article 1001) for grant programs such as the Federal-aid highway program. When steel and iron products manufactured in the United States are shipped to a foreign country where non steel or iron products are installed on or in them (e.g., electronic components in a steel cabinet), the steel and iron is considered to meet the requirements of this subsection. The Contractor shall take whatever steps are necessary to ensure that all manufacturing processes for each covered product comply with this provision. Non-conforming products shall be replaced at no expense to the State. Failure to comply may also subject the Contractor to default and/or debarment. False statements may result in criminal penalties prescribed under Title 18 US Code Section 1001 and 1020. S13-083199

SECTION 106


Standard Modification 106-1.02 MATERIAL SOURCES. 1. General. Within Item a. delete text and replace with:

Utilize Useable Excavation according to subsection 104-1.04 before using material sources listed in subsection 106-1.02.4. When there is insufficient Useable Excavation, furnish additional required materials from sources of the Contractors choice, except that the Contractor shall use a mandatory source when identified in the Contract.

4. Type of Sources. Replace the first paragraph with the following:

The Contractor shall utilize Useable Excavation according to subsection 104-1.04 before using material sources listed in this subsection. When there is insufficient Useable Excavation, the Contractor shall furnish additional required materials from sources of the Contractors choice, except that the Contractor shall use a mandatory source when identified in the Contract. When there is insufficient Useable Excavation, the Contractor shall supply additional required material from the following sources: d. Available Sources. Replace the second paragraph with the following:

When the Department furnishes copies of existing boring logs, test results, or other data in its possession concerning Available Sources, the Contractor is responsible for determining the accuracy and completeness of this data, for assumptions the Contractor makes based on this data, and for exploring Available Sources to the Contractors satisfaction.

e. Excluded Material Sources. Replace the paragraph with the following:

Some material sources may not be considered acceptable regardless of location or ownership. The bid documents may identify some material sources excluded from use. The Department reserves the right to exclude a material source or any portion of a material source, at any time after Contract Award that is determined by material testing to be unsuitable for use on the Project.

E24-010106

SECTION 106


Add new Subsection 106-1.08: 106-1.08 SUBMITTAL PROCEDURE. The Contractor shall complete a Submittal Register, and shall submit to the Engineer on forms provided by the Department. The intent of the Submittal Register is to provide a blueprint for the smooth flow of specified Project document. The Contractor shall fill it out sequentially by bid Item and allow at least three spaces between bid items. The Submittal Register shall list working drawings, schedules of work, and other items required to be submitted to the Department by the Contractor including but not limited to Progress Schedule, anticipated dates of material procurement, Construction Phasing Plan, Utility Progress Schedule, Blasting Plan, Mining Plan, annual EEO reports, DBE payment documentation, and subcontracts. The Contractor shall submit materials (product) information to the Engineer for review, as required by the Materials Certification List and the Contract. The number of copies required for submittals may be included in the specifications for individual bid items. If the number of copies of a submittal is not otherwise specified, three copies shall be required. On each sheet submitted to the Department, including working drawings, catalog cuts, manufacturers certifications, etc., space shall be provided for Contractor and Department review stamps. Each copy of each submittal shall include a Submittal Summary sheet. The Contractor may use forms provided by the Department of a similar form of the Contractors choice as approved by the Department. The Contractor shall sign submittals and submit them to the Engineer. The Department will review submittals within 30 days after they are received. The Department will return submittals to the Contractor as either: approved, conditionally approved with the conditions listed, or rejected with the reasons listed. The Contractor may resubmit a rejected submittal to the Engineer with more information or corrections. The Department will review resubmittals within 30 days after they are received. The Contractor shall not order material or use working drawings that have not been approved by the Department. The Contractor shall be responsible for timely submittals. Failure by the Department to review submittals within the time given may be the basis for a request for extension of Contract time but not for additional compensation. Payment for a specific Contract Item will not be made until the Department has received the Submittal Register for all items and approved all required submittals for that specific Contract Item. When material invoices, freight bills, and mill certificates are submitted, they shall provide sufficient information fo