ITB 2526H133 Western District Aggregate Stockpiling Federally Funded.pdf

STATE OF ALASKA

INVITATION TO BID (ITB)

WESTERN DISTRICT AGGREGATE STOCKPILING FEDERALLY FUNDED

ITB 2526H133

ISSUED MARCH 17, 2026

The Department of Transportation and Public Facilities, Division of Program Management and Administration, is soliciting bids for Western District Aggregate.

IMPORTANT NOTICE: If you received this solicitation from the State of Alaska’s “Online Public Notice” web site, you must register with the procurement officer listed below if you desire to receive notification of subsequent amendments to the solicitation.

BIDDER'S NOTICE: By signature on this form, the bidder certifies that they comply with the following:

(1) the bidder has a valid Alaska business license or will obtain one prior to award of any contract resulting from this ITB. If the bidder possesses a valid

Alaska business license, the license number must be written below or one the following forms of evidence must be submitted with the bid:

• a canceled check for the business license fee;

• a copy of the business license application with a receipt date stamp from the State's business license office;

• a receipt from the State’s business license office for the license fee;

• a copy of the bidder’s valid business license;

• a sworn notarized affidavit that the bidder has applied and paid for a business license;

(2) the price(s) submitted was arrived at independently and without collusion, under penalty of perjury, and that the bidder is complying with:

• the laws of the State of Alaska;

• the applicable portion of the Federal Civil Rights Act of 1964;

• the Equal Employment Opportunity Act and the regulations issued thereunder by the state and federal government;

• the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the state and federal government;

• the bid will remain open and valid for at least 90 days;

• all terms and conditions set out in this Invitation to Bid (ITB).

If a bidder does not hold an Alaska Business License (1) at the time designated in the ITB for opening the state will disallow the Alaska Bidder Preference.

Bids must also be submitted under the name as appearing on the bidder’s current Alaska business license in order to receive the Alaska Bidder Preference.

If a bidder fails to comply with (2) of this paragraph, the state may reject the bid, terminate the contract, or consider the contractor in default.

DEPARTMENT OF TRANSPORTATION AND PUBLIC

FACILITIES

DIVISION OF PROGRAM MANAGEMENT AND

ADMINISTRATION

COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

SARAH CONLON PRINTED NAME

PHONE: (907) 451-2222

EMAIL: SARAH.CONLON@ALASKA.GOV DATE

STATE OF ALASKA – INVITATION TO BID ITB 2526H133

WESTERN DISTRICT AGGREGATE STOCKPILING

{ITB-3/v1/10.16.24} Page 2 of 48

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.03 REQUIRED REVIEW

SEC. 1.04 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.05 RETURN INSTRUCTIONS

SEC. 1.06 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.07 AMENDMENTS TO BIDS

SEC. 1.08 AMENDMENTS TO THE ITB

SEC. 1.09 ITB SCHEDULE

SEC. 1.10 ALTERNATE BIDS

SEC. 1.11 SUPPORTING INFORMATION

SEC. 1.12 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SEC. 1.13 FEDERAL CONTRACT PROVISIONS

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

SEC. 2.02 SPECIFICATIONS AND SPECIAL PROVISIONS

SEC. 2.03 CONTRACT TERM

SEC. 2.04 CONTRACT TYPE

SEC. 2.05 PAYMENT FOR STATE PURCHASES

SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.07 CONTRACT ADMINISTRATION

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

SEC. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.10 SUBCONTRACTORS

SEC. 2.11 JOINT VENTURES

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.13 F.O.B. POINT AND DELIVERY REQUIREMENTS

SEC. 2.14 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.15 EQUIPMENT INSPECTION

SEC. 2.16 NEW EQUIPMENT

SEC. 2.17 LIQUIDATED DAMAGES

SEC. 2.18 SHIPPING DAMAGE

SEC. 2.19 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.20 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.21 BILLING INSTRUCTIONS

SEC. 2.22 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.23 INDEMNIFICATION

SEC. 2.24 INSURANCE

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

SEC. 3.03 PRICES

SECTION 4. EVALUATION AND CONTRACTOR SELECTION

SEC. 4.01 EVALUATION OF BIDS

SEC. 4.02 EXTENSION OF PRICES

SEC. 4.03 METHOD OF AWARD

SEC. 4.04 CONTRACTOR SELECTION PROCESS

SEC. 4.05 NOTICE OF INTENT TO AWARD

SECTION 5. GENERAL PROCESS AND LEGAL INFORMATION

SEC 5.01 INFORMAL DEBRIEFING

SEC 5.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC 5.03 AUTHORITY

SEC 5.04 COMPLIANCE

SEC 5.05 SUITABLE MATERIALS, ETC

SEC 5.06 SPECIFICATIONS

SEC 5.07 ITEM UPGRADES

SEC 5.08 WORKMANSHIP AND MATERIALS

SEC 5.09 CONTRACTOR SITE INSPECTION

SEC 5.10 ORDER DOCUMENTS

SEC 5.11 HUMAN TRAFFICKING

SEC 5.12 RIGHT OF REJECTION

{ITB-3/v1/10.16.24} Page 3 of 48

SEC 5.13 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC 5.14 DISCLOSURE OF BID CONTENTS

SEC 5.15 ASSIGNMENTS

SEC 5.16 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC 5.17 DEFAULT

SEC 5.18 DISPUTES

SEC 5.19 SEVERABILITY

SEC 5.20 CONTRACT CANCELLATION

SEC. 5.21 GOVERNING LAW; FORUM SELECTION

SEC. 5.22 QUALIFIED BIDDERS

SEC. 5.23 FEDERALLY IMPOSED TARIFFS

SEC. 5.24 PROTEST

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

{ITB-3/v1/10.16.24} Page 4 of 48

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Department of Transportation and Public Facilities, Division of Program Management and Administration, is soliciting bids for Aggregate Stockpile to be delivered to the Nome, Alaska area. See the Bid Schedule for location details.

SEC. 1.02 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 10:00 AM Alaska Time on April 09, 2026, at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.03 REQUIRED REVIEW

Bidders shall carefully review this ITB for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material in the ITB should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of bids. This will allow time for an amendment to be issued if one is required. It will also help prevent the opening of a defective bid, upon which award cannot be made, and the resultant exposure of bidders' prices.

SEC. 1.04 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

All questions must be in writing and directed to the procurement officer. The interested party must confirm telephone conversations in writing. Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the ITB. These questions may be answered over the telephone. Other questions may be more complex and may require a written amendment to the ITB. The procurement officer will make that decision.

SEC. 1.05 RETURN INSTRUCTIONS

Bidders may submit one hard copy of their entire bid, in writing, to the procurement officer in a sealed package.

The sealed bid package must be addressed as follows:

If using U.S. mail or a delivery service, please use the following address:

Department of Transportation and Public Facilities Division of Program Management and Administration

Attention: Sarah Conlon Invitation to Bid (ITB) Number: 2526H133

ITB Title: Western District Aggregate Stockpiling

2301 PEGER ROAD

FAIRBANKS, AK 99709

{ITB-3/v1/10.16.24} Page 5 of 48

If submitting your bid via email, the entire bid may be emailed to dotnrprocurement@alaska.gov and must contain the ITB number in the subject line of the email. The maximum size of a single email (including all text and attachments) that can be received by the state is 20mb (megabytes). If the email containing the bid exceeds this size, the bid must be sent in multiple emails that are each less than 20 megabytes and each email must comply with the requirements described above.

Please note that email transmission is not instantaneous. Like sending a hard copy bid, if you are emailing your bid, the state recommends sending it enough ahead of time to ensure the email is delivered by the deadline for receipt of bids.

It is the bidder’s responsibility to contact the issuing agency at 907-451-1625 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.06 ASSISTANCE TO BIDDERS WITH A DISABILITY

The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to submit a bid should contact the Procurement Officer no later than ten days prior to the closing of the bid to make any necessary arrangements.

SEC. 1.07 AMENDMENTS TO BIDS

Amendments to or withdrawals of bids will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of bids, in accordance with 2 AAC 12.140. No amendments or withdrawals will be accepted after the deadline unless the delay is due to an error of the contracting agency, in accordance with 2

AAC 12.160.

SEC. 1.08 AMENDMENTS TO THE ITB

If an amendment is issued before the deadline for receipt of bids, the amendment will be posted on the State of Alaska Online Public Notice (OPN) website. The link to the posting of the amendment will be provided to all who were notified of the ITB and to those who have registered with the procurement officer after receiving the ITB from the OPN.

SEC. 1.09 ITB SCHEDULE

The ITB schedule below represents the State of Alaska’s best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of bids, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Standard Time (AST).

ACTIVITY TIME DATE

Issue Date / ITB Released 03/17/2026 Deadline for Receipt of Bids / Bid Due Date 10:00AM 04/09/2026 Bid Evaluations Complete 04/09/2026 Notice of Intent to Award 04/10/2026 Contract Issued 04/21/2026 mailto:dotnrprocurement@alaska.gov

{ITB-3/v1/10.16.24} Page 6 of 48

This ITB does not, by itself, obligate the state. The state's obligation will commence when the contract is approved by the Commissioner of the Department of Transportation & Public Facilities, or the Commissioner's designee.

Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.10 ALTERNATE BIDS

Bidders may only submit one bid for evaluation. In accordance with 2 AAC 12.830 alternate bids (bids that offer something different than what is asked for) will be rejected.

SEC. 1.11 SUPPORTING INFORMATION

Provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the state reserves the right to request supplemental information from the bidder, after the bids have been opened, to ensure that the products or services offered completely meet the ITB requirements. The requirement for such supplemental information will be at the reasonable discretion of the state and may include the requirement that a bidder will provide a sample product(s) so that the state can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the state, may cause the state to consider the offer non-responsive and reject the bid.

SEC. 1.12 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

To be responsive a bid must constitute a definite, firm, unqualified and unconditional offer to meet all the material terms of the ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in the ITB, and which must be complied with at risk of bid rejection for non-responsiveness.

SEC. 1.13 FEDERAL CONTRACT PROVISIONS

Required Contract Provisions for Federal-Aid Contracts, Form Federal Highway Administration (FHWA) pages 1 through 14 is attached to this document. This contract incorporates the provisions by reference, with the same force and effect as if they were given in full text. The Contractor must identify all known federal requirements that apply to the proposal, the evaluation, or the contract.

CONTRACT FUNDING:

The funding of the resultant contract will be provided by the U.S. Federal Highway Administration (FHWA).

Federal funds are identified and appropriated for the first term of the contract. Payment and performance obligations for additional terms of the contract are subject to the availability and appropriation of funds.

STATEMENT OF FINANCIAL ASSISTANCE

Statement of Financial Assistance: This Procurement is subject in part to financial assistance grants agreement between the State of Alaska and the Federal Highway Administration (FHWA).

AS 36.30.890. Federal Assistance

{ITB-3/v1/10.16.24} Page 7 of 48

If a procurement involves the expenditure of federal funds or federal assistance and there is a conflict between a provision of this chapter or a regulation adopted under a provision of this chapter and a federal statute, regulation, policy, or requirement, the federal statute, regulation, policy, or requirement shall prevail.

2 AAC 12.730. Federal Assistance

If a procurement involves expenditure or federal funds or requires federal assistance and there is a conflict between a provision of this chapter and federal statute, regulation, policy, or requirement, the Procurement Officer shall comply with the federal statute, regulation, policy, or requirement. Authority: AS 36.30.040; AS 36.30.890

{ITB-3/v1/10.16.24} Page 8 of 48

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

The intent of the Contract is to provide for the production, transport and/or stockpiling of processed aggregate, as described herein.

SEC. 2.02 SPECIFICATIONS AND SPECIAL PROVISIONS

ENGINEER. The authorized representative of the Contracting Officer who is responsible for administrating the Contract shall be Artem Ruppert, or his designee; phone 907-451-5285 or email artem.ruppert@alaska.gov. This project takes place in the Western Maintenance and Operations District in Nome, Alaska.

SECTION 104

SCOPE OF WORK

104-1.01 INTENT OF CONTRACT. The intent of the Contract is to provide for the production, transport and/or stockpiling of processed aggregate, as described herein. The site listed below is the location of the final stockpile only; this does not indicate the source or the quality of the material.

The Contractor is responsible for the means, methods, techniques, sequence and procedures or construction, safety and quality control, and is responsible to perform and furnish the work in accordance with the Contract documents and any applicable Federal, State and local laws, rules, regulations and ordinances. In addition, the Contractor must acquire the material sources and all necessary permits, process and stockpile the required aggregate, and pay all associated fees and royalties. Proof of royalty payments shall be required prior to final payment under this Contract.

The location detail, quantity, royalty to be paid by Contractor, and completion date(s) required for each location(s) are as follows:

TABLE 104-1

Material Site No. Location Quantity

(CY)

Royalty

Completion Date

N/A* Nome-Teller Highway mile 3.5 (Nome DOT M&O yard)*

1,000 N/A* 5/31/2026 (B-Chips & C-Chips)

N/A* Nome-Teller Highway mile 3.5 (Nome DOT M&O yard)*

4,000 N/A* 6/15/2026 (E-1 & 3” minus)

*This is a stockpile site only. Material shall be mined and processed elsewhere and hauled to this location. The contractor may propose an alternate delivery location within 10 road miles of this site. An alternate location may be rejected or accepted at the Engineer’s sole discretion.

For material quantity breakdown see Section 305-5.01 Basis of Payment. Material gradations are listed in Tables 703-2, 703-6 and 703-7.

{ITB-3/v1/10.16.24} Page 9 of 48

The Contractor shall take all necessary precautions not to contaminate the materials. Final gradations and quantity measurements for acceptance and payment will be taken at the final location of the completed stockpile.

All stockpiles shall be stacked so that they are easily accessible on all sides with heavy hauling equipment, and, if located in a State Material Site, situated so as not to impact future mining operations in the site.

Geotechnical reports for State material sites may be available from the Engineer. State material reports and geotechnical data are for informational purposes only and may not accurately represent the conditions found onsite. Any information provided should not substitute for personal investigation, research and judgment of the bidders.

The bidder is expected to examine carefully the sites of the proposed work and all contract documents before submitting a bid. The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and the requirements of the Contract.

SECTION 105

CONTROL OF WORK

105-1.01 AUTHORITY OF THE ENGINEER. The Engineer has immediate charge of the engineering details of the project and is responsible for Contract administration. The Engineer has authority to reject defective material and suspend work being performed improperly. The Engineer has authority to accept completed work, issue Directives, issue Interim Work Authorizations, issue Change Orders, and recommend Contract payments.

The Engineer will decide all questions about the quality and acceptability of the materials furnished and the work performed by the Contractor, the Contractor’s rate of progress, Contract interpretation and all other questions relating to Contract performance.

The Engineer has authority to suspend work. If the suspension is to protect workers or the public from imminent harm, the Engineer may orally order the suspension of work. Following an oral order of suspension, the Engineer will promptly give written notice of suspension. In other circumstances, the Engineer will give the Contractor written notice of suspension before suspension of work. A notice of suspension will state the defects or reasons for a suspension, the corrective actions required to stop suspension, and the time allowed to complete corrective actions. If the Contractor fails to take the corrective action within the specified time, the Engineer may:

1. Suspend the work until it is corrected; and

2. Employ others to correct the condition and deduct the cost from the Contract amount.

The Engineer may, at reasonable times, inspect any part of the plant or place of business of the Contractor or any subcontractor that is related to Contract performance, including private or commercial plants, shops, offices, or other places of business.

The Engineer may audit all books and records related to performance of the Contract, whether kept by the Contractor or a subcontractor.

{ITB-3/v1/10.16.24} Page 10 of 48

105-1.03 CONFORMITY WITH PLANS AND SPECIFICATIONS. Work performed and materials furnished shall conform to the Specifications and approved Mining Plan and be within specified tolerances. When tolerances are not specified, the Engineer will determine the limits allowed in each case.

All work or material not conforming to the Specifications and approved Mining Plan is considered unacceptable unless the Engineer finds that reasonably acceptable work has been produced. In this event, the Engineer may allow non-conforming work or material to remain in place, but at a reduced price. The Engineer will document the basis of acceptance and payment by Change Order.

The failure of the Department to strictly enforce the Contract in one or more instances does not waive its right to do so in other or future instances.

If the Contractor fails to promptly correct, remove, or replace unacceptable or unauthorized work as ordered by the Engineer, the Engineer may employ others to remedy or remove and replace the work and will deduct the cost from the Contract payment.

105-1.05 COOPERATION BY CONTRACTOR. The Contractor shall give the work the constant attention necessary for its progress, and shall cooperate fully with the Engineer, Department staff, and other contractors in every way possible. Either the Contractor’s Superintendent or an acting Superintendent with authority to represent and act for the Contractor shall be available within the proximity of the project whenever work is occurring. The Contractor shall employ, as its agent, a competent superintendent thoroughly experienced in the type of work being performed and capable of reading and thoroughly understanding the Plans and Specifications. The Contractor shall provide 24-hour contact information for the Superintendent. The Contractor shall ensure that the superintendent is available at all times to receive and execute Directives and other instructions from the Engineer, to supervise workers and to coordinate the work of subcontractors. The Contractor shall give the superintendent full authority to supply the resources required. The Contractor shall furnish superintendence regardless of the amount of work sublet.

105-1.12 LOAD RESTRICTIONS. The Contractor shall comply with all vehicle legal size and weight regulations of 17 AAC 25 and the Administrative Permit Manual and shall obtain permits from the DOT&PF Division of Measurement Standards & Commercial Vehicle Enforcement before moving oversize or overweight equipment on a state highway.

SECTION 106

CONTROL OF MATERIAL

106-1.02 MATERIAL SOURCES.

1. General. The Contractor shall:

a. produce a sufficient quantity of materials meeting the specifications to complete the project;

b. as a subsidiary cost: clear and grub, strip, drill and blast, excavate, crush, sort, blend, screen, wash, stockpile, haul, and rehandle material as needed to produce and deliver the specified product;

{ITB-3/v1/10.16.24} Page 11 of 48

c. determine the type of equipment and methods to be used;

d. expect variations in material quality within the deposits, and procure material only from acceptable portions of the deposit, regardless of source ownership; and

e. prevent erosion, sedimentation, and pollution within a materials source.

The Contractor agrees that:

a. the costs to explore and develop material sources, including all production effort, are subsidiary to the cost of providing the specified material;

b. the Engineer may order the Contractor to procure material only from certain portions of the source and may reject material from other portions of the source that does not conform to the specifications; and

c. all material required may not be procurable from any one source and the Contractor may need to change between sources. That contingency is to be factored into the unit bid price for the Contract Item.

2. Inspection and Acceptance. The Contractor shall perform sampling and testing during materials processing and placement in accordance with its Process Control Plan (Subsection 106-1.03-1) and shall obtain acceptable material samples from locations designated within the source.

The Department will sample and test materials to determine the quality of the source, at its expense, as part of its Acceptance Testing (Subsection 106-1.03.2). The Department will reject materials when the samples do not meet specifications. The Department may reject a proposed materials site when samples do not meet specifications.

3. Awareness Training. The operator of the Contractor's sand and gravel surface mine or other similar materials source shall provide Site-Specific Hazard Awareness Training in compliance with 30 CFR 46.11 for all the Engineer’s personnel before beginning operations. All other workers shall be given training in compliance with 30 CFR 46 before exposure to mine hazards. The training must be offered at each surface mine that will be used to supply processed aggregates. A qualified person must provide the training. The training shall be in accordance with the operator’s written training plan approved by the Mine Safety and Health Administration, covering the following items:

a. Site-specific health and safety risks;

b. Recognition and avoidance of hazards;

c. Restricted areas;

d. Warning and evacuation signals;

e. Evacuation and emergency procedures;

f. Other special safety procedures; and

{ITB-3/v1/10.16.24} Page 12 of 48

g. A site tour.

The Contractor shall require the Engineer’s personnel to sign the Visitor’s Log Book upon completion of the training to indicate that training was provided. Training is a subsidiary cost.

4. Type of Sources. The location(s) identified in the Bid Schedule are to be the site of the finished stockpile only and do not specify the source or quality of the material to be produced. The Contractor shall supply the required material from one or more of the following types of sources:

a. Department Furnished Material Sites. The Contractor shall obtain approval from the Engineer prior to any construction activities. Existing stockpiles of material in State sites are not available to the Contractor without prior approval from the Engineer. All stockpiled aggregate including rejected material is property of the State and shall be handled or stockpiled as described in the Contractor’s approved Mining Plan, unless directed otherwise by the Engineer. At no time does the Contractor have any ownership of material, including reject, produced under this Contract. The materials in this site are not available for any use other than required by this Contract, unless approved by the Engineer. The Contractor shall be responsible for paying any mineral royalty due, as indicated in the Bid Schedule. Geotechnical information may be available, but should not be considered to be authoritative. All work and development in a Department-Furnished material site shall be in line with the Department’s existing site-specific Mining Plan.

b. Contractor-Furnished Sources. The Contractor is encouraged to use State furnished material sites or work within an approved Right of Way for both mining and for the final stockpile locations. The use of private sources for mining and stockpile storage will require the Contractor to make all necessary agreements (See Subsection 106-1.02.5). When the Contractor elects to use a material site not furnished by the Department, including State-owned land not under the Department’s control, the Contractor shall:

1) Acquire the necessary rights and permits to obtain material;

2) Pay as subsidiary costs all related costs to obtain and use material from the source, including, but not limited to, permit fees, mineral royalties and associated hauling costs;

3) Be solely responsible for the quality and quantity of material; and

4) Obtain all necessary rights, permits and plan approvals before clearing or disturbing the ground in the material source. The Contractor shall certify in writing to the Engineer that all permits and clearances relating to the use of the material source have been obtained prior to any work in the material source.

No price adjustment or other compensation will be made for any costs, including increased length of haul, if the Contractor:

1) Chooses to change material sources for any reason;

2) Is unable to produce a sufficient quality or quantity of materials from Contractor- Furnished sources; or

{ITB-3/v1/10.16.24} Page 13 of 48

3) Encounters unexpected, unforeseen or unusual conditions within a Contractor- Furnished source.

5. Rights, Permits and Plan Approvals for Material Sources. Before disturbing the site of a material source, the Contractor shall acquire, pay for and provide to the Engineer all necessary rights, permits, and plan approvals indicated in this Subsection and elsewhere in this Contract. For each material site, the Contractor shall:

a. All other sites: Submit for the Engineer’s comment and approval, no fewer than 30 days prior to mobilization, a mining and reclamation plan (MRP). During development of each MRP, the Contractor shall consider future activities in the material site and shall maintain access to usable material. The MRP shall include:

(1) Approval from the landowner (if a Contractor-Furnished source, see Subsection 106-1.02-4-b-2);

(2) A process control plan (see Subsection 106-1.03-1);

(3) Plan and cross-sectional views of the site (this includes both the mining and disposal areas);

(4) Applicable boundary lines, property lines and buffer zones;

(5) Areas and Depths to be developed (note, development of Department-Furnished sources shall be in accordance with the Department’s Mining Plan for that site);

(6) Locations of access roads, stripping, sorting, waste piles, crushing and plant sites, stockpile sites (including reject material), buffer zones, drainage features, erosion and pollution control features;

(7) Condition the Contractor will leave the site in after the materials extraction is completed, including reseeding if necessary;

(8) A Construction General Permit-compliant Storm Water Pollution Prevention Plan, if required by Section 641; and

(9) Other information as required by any and all attachments included with bid (ie BLM Mining Plan Review checklist, DOT MRP and/or any site-specific stipulations that may be included).

b. If the material is to be stockpiled in a Contractor-Furnished site or otherwise on private property, the Contractor shall supply the following information in addition to the MRP:

(1) A notarized agreement with the property owner allowing the State full and unfettered access to the stockpile until 12/31/2029. The owner shall certify that they have the authority to sell mineral materials from the property, and shall acknowledge the Department’s ownership of the stockpiled material;

(2) A property map of the material site identifying property boundaries, access routes and stockpile location.

106-1.03 TESTING AND ACCEPTANCE. Materials are subject to inspection and testing by the Department at any time before, during or after their incorporation into the stockpile. The Contractor shall remove and replace unacceptable material according to Subsection 105-1.03.

{ITB-3/v1/10.16.24} Page 14 of 48

1. Quality Control. The Contractor is responsible for the quality of materials produced under this Contract. Quality Control is process control, and includes all activities needed to ensure that the product meets Contract specifications. Quality control work is subsidiary to the applicable pay items.

The Contractor shall perform quality control as follows:

a. Develop and submit a Process Control plan as part of the MRP (Subsection 106-1.02-5), including testing and frequency, personnel qualifications, equipment descriptions and criteria for corrective actions.

b. Sample material during production and perform quality control testing, as needed, to ensure materials produced to Contract Specifications. Document all quality control testing and make the results available to the Engineer within three days of sampling.

c. Due to the nature of this work, it is recommended that the Contractor maintain an on-site materials lab and a WAQTC-certified technician to perform process control. If testing will be done off-site, material processing may need to be suspended pending receipt of results.

2. Acceptance Testing. The Department reserves the right to conduct its own testing of the acceptability of the materials. This testing will be performed at the Department’s expense, and copies of the test results may be furnished to the Contractor upon request. The Engineer may elect, at his discretion, to retest materials that have failed the Department’s acceptance testing.

3. Minimum Testing Requirements. Tests shall be performed at minimum according to Table 106-1 below. Failing test results not in substantial conformance may be the basis of the Engineer’s rejection of the represented material, and no payment will be made for unacceptable material, as outlined in Subsection 105-1.03. The Contractor shall produce and test additional material until the Contract quantity has been fully accepted and completed. Failing test results shall not be a basis for any time extension or modification to Contract requirements.

TABLE 106-1

Item Test Test Number Specifications Frequency (min.)

Crushed/

Stockpiled Aggregate

Process Control Gradation & Fracture, by Contractor

Acceptance, by Engineer

AASHTO T27/T11

AASHTO T27/T11

Refer to 703

Refer to 703

1/Source, 1/1,000 C.Y.

1/ Source, 1/10,000 C.Y.

{ITB-3/v1/10.16.24} Page 15 of 48

SECTION 107

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

107-1.01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of, observe, and comply with all federal, state, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, that in any manner affect those engaged or employed on the work or which in any way affect the conduct of the work.

The Contractor and the Surety shall defend, indemnify, and hold harmless the State and its representatives against any claim or liability related to violations of any laws, regulations or decrees by the Contractor, the Contractor's agents, the Contractor's employees, a subcontractor at any tier, or a supplier or service provider.

The Contractor has the affirmative duty to keep informed of and comply with all laws. The Contractor is not entitled to and shall not rely on any Department employee's interpretation, whether oral or written, of any law, ordinance, or regulation.

The Contractor is responsible for conspicuously displaying required posters in an area readily accessible to workers.

1. For wholly state-funded projects, display all posters listed on the Department of Labor and Workforce Development website at http://www.labor.alaska.gov/lss/posters.htm.

2. On projects using federal funds, display posters required by law or funding agency including posters listed on the FHWA website http://www.fhwa.dot.gov/programadmin/contracts/poster.cfm.

107-1.02 PERMITS, LICENSES, AND TAXES. The terms, conditions, and stipulations in permits obtained either by the Department or by the Contractor are made a part of this Contract. Permits obtained by the Department for this project are attached to these Specifications as appendices. Contact names and phone numbers for permits obtained by the Department are shown on the individual permits.

The Department will:

1. Secure permits and licenses that the Department determines are required for the construction of the proposed project, and the use of mandatory sources, designated sources and designated material disposal areas for the proposed project; and

2. Modify Department-acquired permits during the performance of the Contract, if deemed necessary by the Engineer.

The Contractor shall:

1. Acquire any permits and licenses required to complete the project that are not acquired by the Department;

2. Provide qualified professionals to collect data or perform studies necessary to acquire permits for the use of sites not previously permitted;

http://www.labor.alaska.gov/lss/posters.htm http://www.fhwa.dot.gov/programadmin/contracts/poster.cfm

{ITB-3/v1/10.16.24} Page 16 of 48

3. Give all notices required for the prosecution of the work;

4. Abide by all permits and licenses whether acquired by the Department or by the Contractor;

5. Notify the Engineer promptly if any activity cannot be performed as specified in the permits, and cease conducting the activity until permit modifications or any required additional permits are obtained;

6. Obtain modifications to permits acquired by the Contractor; SECTION 107 48 ALASKA 2020

7. Pay all charges, fees and taxes;

8. Provide proof of payment of all taxes before the Department makes final payment; and,

9. Provide the information necessary to comply with the Alaska Department of Environmental Conservation, Alaska Pollutant Discharge Elimination System (APDES) to discharge stormwater from the construction site. Requirements for this permit are given under Section 641, Erosion, Sediment, and Pollution Control.

The provisions of permits acquired by the Contractor, and of notices and information under this section does not shift or create responsibility for compliance with Federal or State law to the Department, or otherwise impose a duty for oversight or review. In addition, before using an area on or off project site not previously permitted for use by the Contract, the Contractor shall:

1. Contact all government agencies having possible or apparent permit authority over that area;

2. Obtain all required permits, clearances, and licenses from those agencies;

3. Obtain permission from any property owners or lessees with an interest in the property; and

4. Provide all of the following to the Engineer:

a. All permits or clearances necessary to use the site for its intended purpose(s);

b. A written statement that all permits or clearances necessary have been obtained;

c. Written evidence that the Contractor has contacted all of the relevant agencies and that no additional permits are required on the part of the Contractor, including at a minimum the name of the agency and staff person contacted, the date contacted, and result of coordination; and

d. A plan that identifies how the site will be finally stabilized and protected.

The Engineer may reject a proposed site if the Contractor fails to provide any of the above information or to demonstrate that a proposed site can be finally stabilized to eliminate future adverse impacts on natural resources and the environment.

107-1.03 PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor employs any design, device, material, or process covered by patent, trademark, or copyright, the Contractor shall obtain and provide the Engineer with a copy of a suitable legal agreement with the patentee or owner. The Contractor and the Surety shall defend, indemnify, and hold harmless the State and its representatives and any affected third party or

{ITB-3/v1/10.16.24} Page 17 of 48 political subdivision from any claim, cause of action, and damages for infringement arising from or relating to the Contractor's use of a patented design, device, material, process, trademark, or copyright.

107-1.06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain neat and sanitary accommodations for employees that meet all federal, state and local requirements. The Contractor shall comply with federal, state, and local laws, rules, and regulations concerning construction safety and health standards, including U.S. Mine Safety and Health Administration rules when the project includes pit or quarry operations. The Contractor shall not expose the public to, or require any workers to work under, conditions that are unsanitary, hazardous, or dangerous to health or safety. The Contractor is responsible for ensuring all workers are adequately protected. The Contractor shall have a safety and health management program that complies with AKOSH requirements, and includes:

1. A worksite hazard analysis;

2. A hazard prevention and control plan including personal protective equipment and safe work procedures required for specific tasks;

3. New employee training and periodic worker training regarding safety and health;

4. Regular safety meetings with written documentation of attendance, safety topics discussed, worker safety complaints, and corrective actions taken; and

5. A designated safety officer, employed by the Contractor, who monitors the construction site and is responsible for implementing the safety and health management program.

The Contractor and Surety shall defend, indemnify and hold harmless the State of Alaska from all claims, causes of action and judgments arising from or relating to the Contractor’s failure to comply with any applicable federal, state or local safety requirement, regulation or practice, whether or not listed above.

107-1.07 ARCHAEOLOGICAL OR HISTORICAL DISCOVERIES. If the Contractor’s operation encounters prehistoric artifacts, burials, remains of dwelling sites, paleontological remains, shell heaps, land or sea mammal bones, tusks or other items potentially of historical significance, the Contractor shall:

1. Immediately cease operations at the site of the find;

2. Immediately notify the Engineer of the find; and

3. Not disturb or remove the finds or perform any further operations at the site until directed by the Engineer.

The Engineer will issue an appropriate Change Order if operations are to be suspended, or extra work is needed to protect the find.

107-1.09 CONSTRUCTION OVER OR ADJACENT TO WATERS. The Contractor shall fully comply with all laws, regulations and permits issued by agencies of the United States and the State of Alaska when working in, over or adjacent to wetlands, tidelands, anadromous fish streams, eagle nests, navigable waters, or coastal waters.

107-1.10 USE OF EXPLOSIVES. The Contractor shall obey all laws, regulations and permits applicable to using, handling, loading, transporting, or storing explosives. When using explosives, the Contractor shall take utmost

{ITB-3/v1/10.16.24} Page 18 of 48 care not to endanger life, property, new construction, or existing portions of the project and facilities that are to remain in place after the project is complete.

The Contractor shall provide notice to property owners, the traveling public, and utility companies in the vicinity before using explosives. The Contractor shall provide notice to the Federal Aviation Administration when required by law. The Contractor shall notify police and fire authorities in the vicinity before transporting or using explosives. The Contractor shall provide notice sufficiently in advance to enable all potentially affected parties to take whatever steps they may deem necessary to protect themselves and their property from injury or damage.

The Contractor is liable for all property damage, injury, or death resulting from the use of explosives on the project. The Contractor shall indemnify, hold harmless, and defend the State of Alaska from all claims related to the use of explosives on the project, including claims from government agencies alleging that explosives were handled, loaded, transported, used, or stored improperly.

107-1.11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE.

1. Restoring Areas. Areas used by the Contractor, including haul routes, shall be restored to their original condition after the Contractor’s operations are completed. The original condition of an area shall be determined as follows: Prior to commencement of operations, the Engineer and the Contractor shall inspect each area and haul route that will be used by the Contractor and take photographs to document their condition. After construction operations are completed, the condition of each area and haul route will be compared to the earlier photographs. Prior to demobilization the Contractor shall repair damages attributed to its operations. The Contractor agrees that all costs associated with repairs shall be subsidiary to other items of work and will not be paid for directly.

2. Material Disposal Sites. Offsite disposal areas may be at locations of the Contractor’s choice, provided the Contractor obtains written permission from the land owner for such disposal and a waiver of all claims against the State for any damage to such land which may result therefrom, together with all be filed with the Engineer before commencing work on private property. The Contractor’s selected disposal sites shall also be inspected and approved by the Engineer prior to use of the sites.

3. Property Marks. The Contractor shall:

a. Be responsible for and protect from disturbance all land monuments and property marks until the Engineer has approved the witnessing or otherwise referenced their locations; and

b. Not move such monuments or marks without the Engineer’s approval.

4. Damage to property. The Contractor shall:

a. Be responsible for all damage to public or private property resulting from any act, omission, neglect, or misconduct in the manner or method of executing the work;

b. Be responsible for all damage to public or private property resulting from defective work or materials at any time, before, during, or after project completion; and

c. Restore all such damaged property to a condition similar or equal to that existing before the damage occurred, at no additional cost to the Department.

5. Protection of Natural Resources. The Contractor shall:

{ITB-3/v1/10.16.24} Page 19 of 48

a. Conduct work in a manner that minimizes disturbance to and protects natural resources in compliance with all federal, state, and local laws and regulations;

b. When working near designated wetlands, as defined by the Corps of Engineers, place no fill, nor operate equipment outside the permitted area;

c. When working in or near designated anadromous fish streams, as defined by AS 41.14.840 and AS 41.14.870, place no fill or dredge material, nor operate equipment, within or on the banks of the stream (including fording) except as permitted by a Alaska Department of Fish and Game Fish Habitat Permit issued for the project;

d. Upon completion, all disturbed slopes, cuts, and banked material shall be flattened to a slope no steeper than a 2:1 or as specified in the Material Sales Agreement governing use of the site. No vertical cuts or slopes shall remain;

e. Existing approaches to material sites and recreational trails shall not be disturbed or obstructed at any time.

6. Hazardous materials. Hazardous materials include but are not limited to petroleum products, oils, solvents, paints, lead based paints, asbestos, and chemicals that are toxic, corrosive, explosive, or flammable. Except as otherwise specified in this Contract, the Contractor shall:

c. Not excavate, nor use for fill, any material at any site suspected of or found to contain hazardous materials or petroleum fuels;

d. Not raze and remove, or dispose of structures that contain asbestos or lead-based paints;

e. Not stockpile, nor dispose of, any material at any site suspected of or found to contain hazardous materials or petroleum;

f. Report immediately to the Engineer any known or suspected hazardous material discovered, exposed, or released into the air, ground, or water during construction of the project;

g. Report any containment, cleanup, or restoration activities anticipated or performed as a result of such release or discovery;

7. Protected areas. The Contractor shall not use land from any park, recreation area, wildlife or waterfowl refuge, or any historical site located inside or outside of the project limits for excess fill disposal, staging activities, equipment or material storage, or for any other purposes unless permitted by the Contract or unless all permits and clearances necessary for such work have been obtained by the Contractor.

8. Solid waste. The Contractor shall remove all debris, trash, and other solid waste from the project site as soon as possible and in accordance with the Alaska Department of Environmental Conservation Solid Waste Program.

107-1.12 FOREST PROTECTION. The Contractor shall:

1. Comply with all laws and regulations of the United States and the State of Alaska, local governments, or other authorities governing the protection of forests and the carrying out of work within forests;

2. Keep forest areas in an orderly condition;

{ITB-3/v1/10.16.24} Page 20 of 48

3. Dispose of all refuse and obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures in accordance with the requirements of the supervising authorities;

4. Take all reasonable precautions to prevent and suppress forest fires;

5. Require workers and subcontractors, both independently and at the request of officials, to do all reasonably within their power to prevent and suppress and to assist in preventing and suppressing forest fires; and

6. Make every possible effort to notify the appropriate forestry agency at the earliest moment of the location and extent of any forest fire.

107-1.13 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, hold harmless, and defend the State of Alaska and its agents and employees from any and all claims or actions for injuries or damages whatsoever sustained by any person or property that arise from or relate to, directly or indirectly, the Contractor's performance of the Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the Department’s negligence.

This Contract does not create a third party benefit to the public or any member of the public, nor does it authorize any person or entity not a party to this Contract to maintain a suit based on this Contract or any term or provision of the Contract, whether for personal injuries, property damage, or any other claim or cause of action.

107-1.15 CONTRACTOR'S RESPONSIBILITY FOR WORK. The Contractor shall be responsible for implementing all preventative measures necessary to protect, prevent damage, and repair damage to the work from all causes at no additional cost to the Department. This duty continues from the date construction begins until the date specified in a letter of Substantial Completion or Partial Acceptance of a specific section of the project. Where there is a Partial Acceptance, the duty ends only as to the accepted portion of the work. This duty continues during periods of suspended work, except in specific sections the Department has agreed to maintain under Subsection 643-3.07, sshc2020.pdf. The Contractor shall rebuild, repair, restore, and make good all losses or damages to any portion of the work including that caused by vandalism, theft, accommodation of public traffic, and weather.