IFB No. 22039 Bid Documents.pdf

Fairbanks

North

Star

Borough

Juanita Helms Administration Center General Services / Purchasing 907 Terminal Street PO Box 71267 Fairbanks, Alaska 99707 907/459-1293 purchasing@fnsb.gov

IFB NO. 22039 16-CACPRJ-2

Carlson Activity Center Mechanical Controls Upgrade

Electronic Bid Opening:

February 3, 2022 at 2:00 PM

Issue Date:

January 10, 2022

Pre-Bid Conference:

JANUARY 18, 2022 AT 2:00 PM AT CARLSON ACTIVITY CENTER - PIONEER ROOM

2010 2ND AVENUE, FAIRBANKS

Pre-Approval Request Deadline

JANUARY 21, 2022 AT 5:00 PM SUBMIT TO PURCHASING @FNSB.GOV

Deadline for Questions, Concerns, & Objections

JANUARY 21, 2022 AT 5:00 PM SUBMIT QUESTIONS TO:

HTTPS://WWW.BIDNETDIRECT.COM/ALASKA/FAIRBANKSNORTHSTARBOROUGH

Cory Beal David Bates Chief Procurement Officer Procurement Specialist

This page intentionally left blank.

Project Name: Carlson Activity Center Mechanical Controls Upgrade IFB No.: 22039 Project No.: 16-CACPRJ-2

S2 / INDEX OF BIDDING DOCUMENTS (4/19)

INDEX OF BIDDING DOCUMENTS

Number Items of Pages

Cover Sheet

Index of Bidding Documents

Public Notice

Instructions to Bidders

Bidder's Check List

Bid Form

Bid Bond Form

Performance Bond Form

Payment Bond Form

Non-Collusion Affidavit

Standard Form of Agreement

General Conditions (EJCDC Document 1910-8, 1996 Edition)

Supplementary Conditions

Special Provisions

Laborers' & Mechanics' Minimum Rates of Pay (Effective 9/1/21)

Schedule of Drawings

Technical Specifications Index

Technical Specifications

S3 / PUBLIC NOTICE (3/20)

PUBLIC NOTICE

FAIRBANKS NORTH STAR BOROUGH

Cory Beal, Chief Procurement Officer General Services, 2nd Floor 907 Terminal Street Fairbanks, AK 99701 P. O. Box 71267 Fairbanks, AK 99707-1267

(907) 459-1293

INVITATION FOR BIDS

IFB No.: 22039, Project No. 16-CACPRJ-2

Project: Carlson Activity Center Mechanical Controls Upgrade

Bids will be received until 2:00 pm, local time, February 3, 2022. A non-mandatory pre-bid conference will be held on January 18, 2022 at 2:00 PM. Interested parties should assemble at Carlson Activity Center - Pioneer Room 2010 2nd Avenue, Fairbanks at that time.

Notice is hereby given that the Fairbanks North Star Borough will receive electronic bids on the above project. The work consists of, but is not necessarily limited to, replacement of existing control system and components, miscellaneous energy upgrades, and other Work indicated in the contract documents. The approximate estimated value of the work is between $750,000 and $2,500,000. Complete set of bid documents are available online at https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough.

Bidders must download project documents to be added to the planholders list for this project. Complete bid documents are available on USB drive. The non-refundable purchase price is $10.00 per USB drive.

PUBLISH: Fairbanks Daily News-Miner Publish Dates: 1/10/22 P.O. No: P0010140 http://fnsb.us/gs/Pages/GS-bids.aspx

S4 / INSTRUCTIONS TO BIDDERS (4/19)

INSTRUCTIONS TO BIDDERS

Bids must be submitted to the Fairbanks North Star Borough General Services Purchasing Division according to the following instructions:

1. BIDDING DOCUMENTS

a. Bidders may obtain specifications and related bid documents from the Fairbanks North Star Borough General Services Department, Juanita Helms Administration Center, 2nd Floor, 907 Terminal Street, Fairbanks, AK 99701 (P.O. Box 71267, Fairbanks, AK 99707-1267), (907) 459- 1293, upon payment of the purchase price of $10.00 per USB drive. Bid documents are also available online at https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough. Bidders must download project documents to be added to the planholders list for this project.

b. Bidding documents include the public notice or invitation for bid, the instructions to bidders, the bidder's check list, the bid form, the bid bond form, the performance bond form, the payment bond form, the non-collusion affidavit, the standard form of agreement and the proposed contract documents, including any addenda issued prior to the receipt of bids. The contract documents proposed for the work consist of the standard form of agreement and corporate acknowledgment, the conditions of the contract (general, supplementary, and special conditions), the drawings, the specifications, and all addenda issued before and all modifications issued after execution of the contract.

2. PRE-BID CONFERENCE

A non-mandatory pre-bid inspection will be held as indicated on the first page of this document.

3. BIDDER'S REPRESENTATIONS

Each bidder represents that:

a. He has read and understands the bidding documents and has consulted advisors, attorneys and other experts to the extent he deems necessary.

b. He has visited the site, has familiarized himself with the local conditions where the work is to be performed to the extent he deems necessary, and has compared his observations with the requirements of the proposed contract documents and is prepared to make the representations contained in Article 8 of the Standard Form of Agreement.

c. His bid is based upon the materials, systems, and equipment required by the bidding documents.

d. He has read, understands, and agrees not to conduct unethical practices per the requirements of Paragraphs 8 and 10 of these Instructions to Bidders regarding Ethics. Failure to comply shall subject the bidder to the penalties in the FNSB Code of Ordinances.

e. He warrants the bid for a period of not less than 60 days as provided in Paragraph 20(g) of these

Instructions to Bidders.

4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

a. Bidders shall promptly notify the Purchasing Division in writing of any ambiguity, inconsistency, or error which they may discover upon examination of the bidding documents or after observing the work site and local conditions. Failure to notify the Purchasing Division of such ambiguity, http://www.fnsb.us/bidsonline/BidsOnline.aspx inconsistency or error before bid opening shall be treated as a waiver of any claims, extra expense, or additional right otherwise due the bidder.

b. Bidders' comments concerning defects and questionable or objectionable material in the IFB must be in writing and received by the Purchasing Division prior to the date indicated on the cover page of these bid documents. Bidders' comments must be submitted electronically to https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough. Such comments shall allow time for an amendment to be issued, if one is required. They will also help prevent the opening of a defective bid, upon which award cannot be made, and the exposure of bidders' prices.

c. The Purchasing Division will make any interpretation, correction, or change of the bidding documents by written addendum. Interpretations, corrections, or changes of the bidding documents made in any other manner or by any other person will not be binding; bidders shall not rely upon such interpretations, corrections, and changes. A bidder who relies upon an interpretation, correction, or change to the bidding documents which is not in written form of an addenda, issued by the Purchasing Division does so at his own peril without any recourse against the Borough.

d. The Borough will disallow bidders' protests based upon any omissions or errors in the content of the Invitation for Bid if such protests are not made known before the bid opening.

5. ADDENDA

a. Bidnet will electronically notify planholders of all addenda.

b. The Purchasing Division will issue no addenda later than seven (7) days before the date for receipt of bids; however, an addendum withdrawing the request for bids, or one which includes postponement of the date for receipt of bids, may be issued at any time.

c. It is the bidder's responsibility to ascertain before submitting his bid that he has received all addenda issued. The bidder shall acknowledge receipt of such addenda in the space provided on the bid form. Bids which fail to acknowledge receipt of all addenda are non-responsive.

6. SUBSTITUTIONS AND PRE-APPROVED EQUALS

a. The Borough will not consider any additional pre-approved equals unless the Purchasing Division receives a written request for pre-approved equals, on the Substitution Request Form as provided in Section 01 60 00, prior to the pre-approval request deadline indicated on the cover page of these bid documents. Each request shall identify the material or equipment in the specifications which is to be pre-approved and a complete description of the proposed pre-approved equal, including drawings, cuts, performance and test data, and any other information necessary for an evaluation. Such a request shall include a statement setting forth any changes in other materials, equipment, or other work that incorporation of the additional pre-approved equal would require. The burden of proof of the merit of the proposed pre-approved equal is upon the bidder. The Borough's decision of approval or disapproval of a proposed pre-approved equal is final. Note: Failure to submit a substitution or pre-approval request on any item, material or product, whose specification or description contains words or verbiage to the effect that no “like”, “equivalent”, “or-equal”, “pre-approved only” or “no substitution” is permitted, prior to the date indicated for pre-approval request deadline will cause that item, material or product to be rejected during the completion of the work.

b. If the Borough approves any proposed pre-approved equal before the opening of bids, such approval will be made by addendum. Approvals made in any other manner are not binding.

c. The ENGINEER will consider no substitutions after the contract award unless specifically provided in the contract documents.

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

7. PREPARATION OF BIDS

a. All bids must be submitted on forms supplied for the purpose. All bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made on or included with the bid form. Bids must bear an original signature by a duly authorized representative of the bidder. Bidders may make copies of bid forms for submission of bids. If erasures or other changes (such as using correction fluid or other correction method) appear on the forms, each such erasure or change must be initialed by the person signing the bid.

b. Information required on the bid form must be completed for all items; failure to do so may render the bid non-responsive. When the solicitation does not require quotations on all items, bidders should insert the words "no bid" in the space provided for any items on which no quotation is made.

c. Bids shall be submitted by electronic means via https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough.

8. NON-COLLUSION AFFIDAVIT

The bidder shall certify that they have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this project. The certification shall be provided on the Non-Collusion Affidavit included with the Bidding Documents, or copy thereof. Failure to provide the certification on the correct form shall render the bid non-responsive.

9. ALTERNATIVE BIDS

The Purchasing Division will consider no alternative bids, unless alternative bids are specifically requested.

10. ETHICS

Bidder understands and agrees to follow Section 16.44.030 of the FNSB Code of Ordinances, which provides as follows:

a. "It shall be unethical for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal thereof.

b. It shall be unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith as an inducement for the award of a subcontract or order."

11. BID PREPARATION COSTS

Except in the case of a successful bid protest, the submission or attempted submission of any bid shall be considered a waiver by the bidder of a claim against the Borough, its agents or employees, of any costs incurred in bid preparation. In the case of a successful bid protest, only those costs specifically allowed in the FNSB Code of Ordinances shall be allowed to the bidder and all other costs of the bidder are considered waived by submission of the bid.

12. BID GUARANTY

a. Each bid shall be accompanied by a certified check, bank cashier’s check, bid bond issued by a surety company licensed to do business in the State of Alaska and is rated ”A-“ or higher by A.M. Best Company, in an amount equal to at least five percent (5%) of the bid and payable without condition to the Borough. This deposit is a guaranty that the bidder, if awarded the contract, will promptly execute the agreement, will furnish good and sufficient bond for the faithful performance of the agreement and for the payment to all persons supplying labor and material for the work, (see General Conditions) and provide the appropriate certificates of insurance (see General Conditions). If the successful bidder fails to execute and deliver the agreements, furnish the required security and provide the required insurance certificates within 10 days after Notice of Award, unless the Borough has received and approved prior notification of delays, the bid guarantee of that bidder shall as a liquidated damage, not a penalty, be redeemed by the Borough. The bid guarantees of all bidders except the three lowest responsive will be returned promptly after the Purchasing Division’s review of the bids and identification of the three lowest responsive bids.

b. The Borough may retain the bid guaranty of bidders to whom an award is being considered until either (a) the agreement has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that bids may be withdrawn, or (c) all bids have been rejected.

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

13. BID CANCELLATION

The Borough may cancel, postpone to a definite or indefinite time, or reject any bid or proposal in whole or in part whenever, if in the sole discretion of the Purchasing Division, it is in the best interest of the Borough.

14. WITHDRAWAL OF BIDS

Bids may be withdrawn from https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough before the time fixed for the bid opening.

15. RECEIPT AND OPENING OF BIDS

a. Bids can be submitted to https://www.bidnetdirect.com/alaska/fairbanksnorthstarborough during the period stated in the Public Notice and on the cover of this document or as modified by amendment.

b. At the time and place set for the opening of bids, the Borough's representative will cause the bids to be opened and publicly read aloud. Bidders and other persons properly interested may be present.

c. After the bids are opened and read, they will be evaluated according to Paragraph 20 of these instructions to bidders and for responsiveness.

16. BIDDERS SUBMITTING MORE THAN ONE BID

If one party or legal entity offers more than one bid in the name of his or her clerk, partner, agent, or other person, all such bids will be rejected. A party or legal entity who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders or from directly submitting a bid for the work.

17. LATE BIDS

Late bids are bids received after the time and date set for receipt of the IFB. The Purchasing Division shall not receive bids after the scheduled opening time.

18. QUALIFICATIONS OF BIDDERS

Pursuant to FNSB 16.12.070 prior to contract award, the Purchasing Division may request a bidder to submit a detailed statement of his or her qualifications, including previous experience in performing similar or comparable work, business and technical organization, financial resources, and equipment and plant available to perform the work. The Borough may take such steps as it deems necessary to determine the ability of the bidder to perform the duties under the contract, and the bidder shall furnish the Borough all such information and data for this purpose as may be requested.

The Borough may reject any bid where an investigation of the available information does not satisfy the Borough that the bidder is qualified to carry out properly the terms of the contract.

19. DEBARMENT LIST

Pursuant to FNSB 16.36.010 Authority to Debar or Suspend, the following persons, firms, corporations, partnerships or associations have been debarred by the Fairbanks North Star Borough and are prohibited from working on public contracts for one (1) year from the date of debarment.

Company Name Date of Debarment Debarment Expires

20. AWARD OF CONTRACT

a. The Borough intends to award a contract to the responsible and responsive bidder submitting the lowest bid complying with the requirements of the bid documents.

b. The Borough may accept or reject any or all items of any bid where such acceptance or rejection is appropriate and does not affect the basic bid.

c. The Borough shall have the right, at its sole discretion, to accept Alternates in the numerical order listed and to determine the low bidder on the basis of the sum of the Base Bid and Alternates accepted. The Borough, at its sole discretion, may modify the numerical order of the alternates if that modification does not result in a change in the ranking of the low bidder.

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

e. The Borough may reject a bid when 1) the bidder is not in a position to perform the contract; 2) the bid and any provided bid bonds do not bear original signatures and are not signed by hand;

3) the bidder fails to furnish bid bonds, in an acceptable form, or surety deposits, plans, specifications, samples, and so forth, when any were specifically called for in the IFB; 4) the bidder has failed to use the required bid form; 5) the bidder otherwise fails to qualify as a responsible and responsive bidder under FNSB 16.04.010; or 6) the Borough Assembly does not approve the award.

f. The Borough may reject the bid of a bidder who 1) has previously failed to perform properly or complete on time contracts of a similar nature; 2) has previously defaulted on any contract with the Borough; 3) is not, in the opinion of the Borough, in a position to perform the contract; or, 4) any other cause listed in FNSB 16.36.010.

g. The bid quotation shall be in effect a minimum of sixty (60) days after the bid opening.

21. LOCAL BIDDER PREFERENCE (check only one)

X Local Bidder Preference applies.

Bidders who qualify, and certify to that effect on the bid form, as a local bidder under FNSB

16.04.010 shall receive consideration as low bidders when their bid is the lesser of five percent (5%) or forty thousand dollars ($40,000) in excess of the lowest bid received from firms that qualify and certify to that effect on the bid form as an Alaska firm under FNSB 16.16.050, and/or the lesser of ten percent (10%) or eighty thousand dollars ($80,000) in excess of the lowest bid received from firms that do not qualify under FNSB 16.16.050.

Local Bidder Preference does not apply to this project.

The local bidder preference does not apply to this contract for one of the reasons stated below:

State of Alaska Administrative Code indicates the following:

AAC 31.080 (d) “The award of a contract for the construction of an educational facility under this section must be to the lowest responsible bidder without regard to municipal ordinances or school board resolutions granting a preference to local bidders.”

OR

Local Bidder Preference does not apply to this project per Section 16.16.050 of the Fairbanks North Star Borough Code. The local bidder preference shall be applied to all invitation to bids unless:

(1) Prohibited by federal or state law or grant requirements or

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

22. FILING AN APPEAL

A bidder may protest the award of a contract or the proposed award of a contract pursuant to FNSB

16.40.010 and within five calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. The protest must be written and include the following information: 1) the name, address, and telephone number of the protester; 2) the signature of the protester or the protester's representative; 3) identification of the contracting agency and the solicitation or contract at issue; 4) a detailed statement of the legal and factual grounds of the protest; 5) copies of all relevant documents; and 6) a non-refundable filing fee of $75.00. Within five days of submittal of a timely protest, the protestor shall submit a protest security (bond or cashier’s check) in an amount not to exceed five percent or $20,000, whichever is less, of the protestor’s bid price or if bids have not yet been opened, the fund authorization in the purchasing bid file. If the protestor fails to submit the security as required in this section then the protest may be denied without further action.

Protests will be treated in accordance with FNSB Code of Ordinance 16.40.010. All protesters are urged to seek resolution of their complaints initially with the Purchasing Division.

If this box is checked, a bidder may protest the award of a contract or the proposed award within 10 days after Notice of Intent to Award is issued.

23. PERFORMANCE AND PAYMENT BONDS AND CERTIFICATES OF INSURANCE

The successful bidder shall, within 10 days of the Notice of Award or upon execution of the Agreement, whichever occurs first, furnish:

1. A copy of the Agreement signed by a person authorized to bind the bidder to a contract.

2. A faithful performance bond in an amount equal to one hundred percent (100%) of the contract amount and a labor and material payment bond equal to one hundred percent (100%) of the contract amount; these bonds shall be secured by a surety company satisfactory to the Borough and has rating of ”A“ or higher by A.M. Best Company. The successful bidder will be required to use the bond forms included in the bidding documents.

3. Certificates of Insurance or other acceptable evidence of insurance as required in Article 5 of the General Conditions of the Contract. The insurance shall be provided by a firm acceptable to the Borough on a form acceptable to the Borough.

24. DEFINITIONS AND TERMINOLOGY:

1. Unless noted otherwise, all words and terms shall have the same meanings as listed in the General Conditions of the Contract as modified by the Supplementary Conditions.

2. The following words shall have the following meanings in the Bidding Documents:

a. Bidder—The corporation, limited liability company, partnership or individual preparing and/or submitting a proposal to the Fairbanks North Star Borough pursuant to the terms and conditions of this Invitation to Bid.

b. Borough—The Fairbanks North Star Borough of Alaska.

c. FNSB-- The Fairbanks North Star Borough of Alaska.

d. Chief Procurement Officer—The principal purchasing officer for the FNSB.

e. Engineer—The person or persons employed by the Fairbanks North Star Borough who are responsible for the administration of the construction contract from the Notice of Award to the completion of the work.

f. Purchasing Division-- The person or persons employed by the Fairbanks North Star Borough who are responsible for the administration of the procurement process up to and including the Notice of Award.

End of Instructions to Bidders

S5 / BIDDER'S CHECK LIST (4/19)

BIDDER'S CHECK LIST

1. GENERAL

Notwithstanding any instructions or inferences elsewhere in this Invitation for Bid, only the documents shown on this sheet need to be submitted with the bid. Other documents may be required after bid opening, but prior to award. Failure to submit the documents shown on this sheet

SHALL RENDER THE BID NON-RESPONSIVE.

2. REQUIRED DOCUMENTS FOR BID

The Purchasing Division will not consider bids if the following documents and/or attachments are not completely filled out and submitted with the bid.

NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED.

X Bid Form, all pages; last page of Bid Form must be manually signed (original signature).

On projects that contain a local bidder’s preference, local bidders are reminded to complete the certification of the local bidder’s preference, failure to complete the certification shall not render the bid non-responsive but shall waive any rights for a local preference by the bidder.

X All Addenda issued shall be acknowledged in the space provided on the first page of the

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

X Erasures or other changes made to the bid proposal sheet must be initialed by the person signing the bid. Note: "White Out" or other liquid correction methods must be initialed.

X Contractor must have been issued a certificate of registration as a contractor by the Alaska

Department of Commerce. Fill in Alaska business license number and Alaska contractor's license number in blanks provided on the last page of the Bid Form.

X Bid bond, certified check, cashier's check, or money order shall be submitted with the bid in the amounts indicated. Bank drafts will not be accepted. All bid bonds shall have original signatures, be on the form provided and have a regular, effective power of attorney for the surety. All checks submitted must have the name of the bidder and the IFB number clearly stated on the face of the check.

X Non-Collusion Affidavit, the bidder shall provide, on the form provided an affidavit indicating the bidder has not, either directly or indirectly participated in any collusion or restraint of the free competitive bidding on this project.

Other - none.

S6 / BID FORM (4/19)

BID FORM

("Bidder"), doing business as

[(a corporation, organized and existing under the laws of the State of or (a limited liability company) or (a partnership) or (a joint venture) or (an individual); please select one], hereby submits to the Fairbanks North Star Borough, Fairbanks, Alaska ("Owner") a bid for all work required to complete Carlson Activity Center Mechanical Controls Upgrade identified as Fairbanks North Star Borough Project #16-CACPRJ-2 and identified in Invitation to Bid #22039.

1. The Bidder, in compliance with the Borough's requirements for Invitation for Bids for the construction of the project indicated above, has examined the plans, specifications with related documents, and the conditions at the site of the proposed project, including the availability of materials and labor, utilities, and proposes to furnish all labor, material, and equipment required for the project in accordance with the contract documents, within the time limits set forth in those documents, and at the prices stated below. These prices cover all expenses incurred in performing the work under the contract documents.

2. The Bidder agrees to commence work upon receipt of a written "Notice to Proceed" from the Owner and to fully complete the project within the time stated in the specifications. The Bidder agrees to pay damages to the Borough as provided in Article 3.3 of the Agreement.

3. The Bidder represents to the Borough that the Bidder has relied upon no oral representations from the Borough or its consultants in the preparation of this bid and acknowledges receipt of the following addenda:

4. The Bidder agrees that if a contract is awarded for this project, the contract price will be determined from the base bid item(s) plus additive alternatives to the extent of the availability of funds for this project, as determined by the Owner.

5. The Bidder furnishes the enclosed bid guaranty, in the sum of not less than five percent (5%) of the amount of the bid, to the Owner as a guarantee that:

a. the Bidder will execute the agreement.

b. within ten (10) days after the contract award, the Bidder agrees to execute the standard form of agreement and to furnish 1) a performance bond in an amount equal to one hundred percent (100%) of the contract amount, 2) a labor and material payment bond in an amount equal to one hundred percent (100%) of the contract amount, 3) the certificates of insurance as provided in Article 5 of the General Conditions, 4) a copy of his current Alaska contractor's license, and 5) a copy of his current Alaska business license.

Unless the Borough has received and approved prior notification of delays, the Borough has the option to cancel this award and negotiate with the next low bidder if the executed Standard Form of Agreement, bonds and licenses listed above are not furnished within ten (10) days after the contract award. Should the Borough exercise this option, the Bidder’s guaranty shall be forfeited as a liquidated damage, not as a penalty to the Borough.

6. [For Projects with a Local Bidders Preference Only (see paragraph 21 of Instruction for Bidders)].

The bidder certifies that:

(check only one)

The bidder is a firm that qualifies for a preference as a local bidder as defined by FNSB

16.04.010.

The bidder is not a local bidder, but is a firm that qualifies as an Alaska business under FNSB 16.16.050.

The bidder does not qualify as either a local bidder or an Alaska business under the FNSB Code.

(Failure to check any box shall be a waiver by the bidder of any local preference allowed under the FNSB code)

7. Price Schedule and Base Bid Computation:

Prices for all items shown following, including both unit price and fixed price items, are complete prices for all work directly allocable to the items including, but not limited to, supervision, coordination, mobilization and demobilization, equipment, labor, materials, freight, services, permits, transportation, and overhead.

PRICE SCHEDULE AND COMPUTATION OF BID

BASE BID (lump sum): $

(numbers)

( dollars) (words)

ADDITIVE ALTERNATE 1 (lump sum): Power Factor Reduction

(numbers)

ADDITIVE ALTERNATE 2 (lump sum): DDC Heat Trace Control

(numbers)

ADDITIVE ALTERNATE 3 (lump sum): Airflow Measuring Stations

(numbers)

BIDDER:

Authorized Signature Date The signatory above has the legal authority to bind the party

Print or type Name and Title Phone # Fax #

Address City State Zip

Contractor's License No.: AK Business License No.:

Contractor’s Email:

End of Bid Form

S7 / BID BOND (4/19)

BID BOND

KNOW ALL MEN BY THESE PRESENTS that we

(Insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and

(insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called Surety, are held and firmly bound unto the FAIRBANKS NORTH STAR BOROUGH, P. O. Box 71267, 907 Terminal Street, Fairbanks, Alaska 99707, as Obligee, in the amount of Five percent of the bid ( 5% ), Word %number

Not to exceed dollars($ ) word(s) $number for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has submitted a bid for Carlson Activity Center Mechanical Controls Upgrade, FNSB Project No.16-CACPRJ-2 , IFB No. 22039 Here insert full name of project, project number and FNSB IFB number

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and provide such insurance certificates and give such bond or bonds as may be specif ied in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this day of 20

(Principal) (Seal)

(Witness)

(Title)

(Surety) (Seal)

(Witness)

(Title)

End of Bid Bond

S8 / PERFORMANCE BOND (4/19)

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address):

SURETY (Name and Principal Place of Business):

OWNER (Name and Address):

FAIRBANKS NORTH STAR BOROUGH, P. O. Box 71267, 907 Terminal Street, Fairbanks, Alaska 99707

CONSTRUCTION CONTRACT

Date:

Amount: dollars Description: Carlson Activity Center Mechanical Controls Upgrade, FNSB Project No. 16- CACPRJ-2 , IFB No. 22039

BOND

Date (Not earlier than Construction Contract Date):

Amount: dollars

CONTRACTOR AS PRINCIPAL

Company: (Corporate Seal)

Signature:

Name and Title: Date

SURETY

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:

3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than seven days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and

3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract.

Such Contractor Default shall not be declared earlier than seven days after the Contractor and the Surety have received notice as provided in Sub-paragraph 3.1; and

3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.

4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions.

4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and

S8 / PERFORMANCE BOND (4/19)

completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore.

5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above then the responsibilities of the Surety to the Owner shall be the same as those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall be the same as those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

6.2 Additional legal, design professional and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and

6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.

No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors.

8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable

10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions

12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the Signature Page, including all Contract Documents and changes thereto.

12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof.

End of Performance Bond

S9 / PAYMENT BOND (4/19)

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address):

SURETY (Name and Principal Place of Business):

OWNER (Name and Address):

FAIRBANKS NORTH STAR BOROUGH, P. O. Box 71267, 907 Terminal Street., Fairbanks, Alaska 99707

CONSTRUCTION CONTRACT

Date:

Amount: dollars Description: Carlson Activity Center Mechanical Controls Upgrade, FNSB Project No. 16- CACPRJ-2 , IFB No. 22039

BOND

Date (Not earlier than Construction Contract Date):

Amount: dollars

CONTRACTOR AS PRINCIPAL

SURETY

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.

2. With respect to the Owner, these obligations shall be null and void if the Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants, who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with the Contractor:

.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after

S9 / PAYMENT BOND (4/19)

having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and

.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and

.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor.

5. When the Surety has received Notice as required in Paragraph 4 above, the Surety shall take the following action:

5.1 Send an acknowledgment letter to the claimant, with a copy to the Owner, requesting information and documentation necessary to investigate the claim.

5.2 As soon as reasonably practical under all circumstances, and after having received the requested documentation from the claimant, including a properly executed Affidavit of Claim, advise the claimant of the status of the claim.

6. The Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.

Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and the provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

13. Upon request by any person or entity appearing to be a potential beneficiary of the Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

14. Definitions

14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of the Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for the performance of the work of the Contractor and the Contractor’s subcontractor, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto.

14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the…