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FY2025-22 Baler Building Slab Overlay Replacement with RAM Enterprise IncCONTRACTS TRANSMIT 'AL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the Borough and
outside parties, successful bids, and proposals. Active records are kept by the corresponding department.
Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention
(plus 25 years) for agreements that involve real property.
DATE: 10/30/2024
REQUESTED BY:
P. Valerio
DEPARTMENT: Engineering & Facilities CONTRACT NO.: FY2025-22
VENDOR OR SERVICE PROVIDER: RAM Enterprise Inc.
CONTRACT TITLE: Baler Building Slab Overlay Replacement
Administrative contracts are contracts approved by the manager within the spending authority
allowed by code. Assembly approved contracts are beyond the manager's spending authority and
require approval by the Assembly during a meeting.
APPROVED BY: Assembly
TYPE OF CONTRACT: Contract
DATE OF APPROVAL: 9/5/24
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
Expiration Date when Project Complete
EXPIRATION DATE:
PURGE DATE: 09/25/2050
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Expiration when Work Completed
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE
ORDER TO A CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
DATE: 10/30/2024
REQUESTED BY: P. Valerio
CONTRACT NO.: FY2025-22 CO#1
APPROVED BY: Administrator
CATEGORY: Change Order
TYPE OF CONTRACT: Contract
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
Expiration Date when Project Complete
EXPIRATION DATE:
PURGE DATE: 10/30/2050
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Y:\U - RECORDS\FORMS\20240802 Contracts Transmittal Form.docx Rev. 08/02/2024
CONTRACT CHANGE ORDER
KODIAK ISLAND BOROUGH project Name: Project Number:
710 MILL BAY ROAD
KODIAK, ALASKA 99615 KODIAK BALER BUILDING SLAB OVERLAY 492-714452.150 Proj. 25001
REPLACEMENT
Contractor: RAM Enterprise Inc.
Contract No.: FY2025-22
Change Order No.: 01
Original Project Budget:
$ 268,896.00
Original Contract:
$ 207,896.23
Previous Budget Changes:
$ 0.00
Previous Changes:
$ 0.00
Adjusted Project Budget:
$ 0.00
This Change:
$ 7,499.96
To -Date Project Expenses:
$ 5,202.00
% of Original Contract
3.60%
To -Date Project Encumbrances:
$ 207,896.23
Adjusted Contract:
$ 215,396.19
Current Remaining Budget:
$ 48,297.81
Description of Change
Cost
Owner and Contractor have agreed to increasing the scope of work to include a 20'xI P area in the
$ 7,499.96
truck alley section of the baler building. This additional work will fill a tapered wedge that will allow
for proper drainage, as designed. The timeline for the project will remain unchanged.
The time provided for completion of the contract is (N unchanged) (®increased) (Odecreased) by 0 calendar days. This document
shall become an amendment to the contract and all provisions of the contract will apply thereto.
Per Borough Code 3.30.100, a change order that does not exceed jive percent of the original contract amount or $50,000,
whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the
absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor.
Change orders greater than jive percent of approved contract amount or $50,000, whichever is lower, require assembly approvaL
Accepted By Lucky Kirkendoll Date: 290CT2024
ontra is resent 've ,I
Recommended. Date: Date: I
ineering/Facili es ►rec or Gts�A `S A D irector /
'M U.� /0!3yW
Approved By: Mdwc— ` tt t. Date.
Borough Manager Q r ugh Clerk
Mayor and Deputy Presiding Officer Approval (does n exce ive percent Vlorigi 1 contract amount or $50,000, whichever is lower)
Approved By: Da Aj -' J1`HA Date:
Borough Mayor .0 puty Presiding Officer
Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower)
Approved By: Date: Attest: Date:
Borough Manager Borough Clerk
Revised 09119 Page I of 2
/iE ./lrcr/�riarc. /nc. 4M
CONTRACT CHANGE ORDER REQUEST
Customer: Kodiak Island Borough
Project: Baler Floor Overlay
Customer Contract Number: FY2025-22
RAM Job Number: CP2666
Change Order Number: 1
Reason for Change Order:
1) Additional work in same scope needed in same area
TOTAL Price of this Change Order (+)
RAM Enterprise, Inc,
1225 West Main Elko. NV 89801
Phone 775(738-3997 Fax 775(738-4261
info@ram-enterpnse. com www. ram -enterprise com
Item
Description Price
1
Equipment
$300.00
2
Materials
$1,925.00
3
Labor
$4,022.46
4
Expenses
$1,252.50
TOTAL CHANGE ORDER VALUE1 $7,499.96
Contract Value Summary:
Original Contract Value: $207,896.23
Change Order # Value: $7,499.96
New Contract Value: $215,396.19
Unless otherwise specified on this form all other terms and conditions will remain the same as in the Agreement.
AS EVIDENCED BY THEIR SIGNATURES HEREON THE PARTIES AGREE TO THE CHANGES DESCRIBED IN THIS CHANGE ORDER,
EFFECTIVE THIS DAY 10/24/2024
Contractor: Customer:
By: By:
Title: Yukon Regional Manager, Industrial Services Title:
Kodiak Island Borough
Assembly Newsletter
Vol. FY2024, No. 4 September 06, 2024
At Its Regular Meeting Of September 05, 2024, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On September 19, 2024, At
6:30 p.m. In The Borough Assembly Chambers,
PROCLAIMED The Week Of September 16-20, 2024, Kodiak Adult Education And Family Literacy Week
Encouraging All Residents To Become Familiar With The Services And Benefits Offered By The Adult
Education And Literacy Programs In Kodiak, Alaska And To Support And Participate In These Programs
RECEIVED A PRESENTATION From The Cook Inlet Regional Citizens Advisory Council
ADOPTED Ordinance No. FY2025-06, Amending Various Sections In Title 2 Administration And
Personnel And Title 3 Revenue And Finance In Order To Clarify The Interpretation Of The Two -Thirds
Vote Of The Governing Body
APPROVED Contract No. FY2025-05, Agreement For The Provision Of Destination Marketing And
Tourism Development Program With Kodiak Island Convention and Visitors Bureau (Discover Kodiak)
APPROVED Contract No. FY205-22, Baler Floor Overlay Replacement By RAM Enterprises, Inc. In
The Amount Of $207,896.23;
ADOPTED Resolution No, FY2023-03D, Amending The Kodiak Island Borough Records Retention
Schedule and Central Filing System To Reflect Amendments To The Data Processing Series and
Eliminating The Childcare Assistance Office Series
ADVANCED Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Island Borough
Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite Block 8
Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue) From
R3—Multifamily Residential District To B—Business District To Public Hearing At The Next Regular
Meeting Of The Assembly
ADVANCED Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section 1.10.030
Definitions And Section 2.20.080 Executive Absence To Clarify The Role, Responsibilities, And Pay
Incentives Of The Administrative Official To Public Hearing At The Next Regular Meeting Of The
Assembly
View our website: N Visit our Facebook page: Follow us on
www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter:
@KodiakBorough
CONTRACTS TRANSMIT 'AL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the Borough and
outside parties, successful bids, and proposals. Active records are kept by the corresponding department.
Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention
(plus 25 years) for agreements that involve real property.
DATE: 10/30/2024
REQUESTED BY:
P. Valerio
DEPARTMENT: Engineering & Facilities CONTRACT NO.: FY2025-22
VENDOR OR SERVICE PROVIDER: RAM Enterprise Inc.
CONTRACT TITLE: Baler Building Slab Overlay Replacement
Administrative contracts are contracts approved by the manager within the spending authority
allowed by code. Assembly approved contracts are beyond the manager's spending authority and
require approval by the Assembly during a meeting.
APPROVED BY: Assembly
TYPE OF CONTRACT: Contract
DATE OF APPROVAL: 9/5/24
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE:
PURGE DATE: 09/25/2050
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Expiration when Work Completed
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE
ORDER TO A CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
DATE:
CONTRACT NO.:
REQUESTED BY:
CATEGORY: Select One
APPROVED BY: Select One TYPE OF CONTRACT: Select One
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE:
PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Y:\U - RECORDS\FORMS\20240802 Contracts Transmittal Form.docx Rev. 08/02/2024
Contract No. FY2025-22
KODIAK ISLAND BOROUGH, ALASKA
CONSTRUCTION CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY REPLACEMENT # 25001
This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting
by and through its Borough Manager, and
RAM Enterprise Inc.
Company Name
1225 W. Main St. Elko, NV 89801
Company Address (Street or PO Box, City, State, Zip)
a/an ❑ Individual ❑Partnership ❑ Limited Liability Company ❑Sole Proprietorship ®Corporation
incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is
effective the date of the signature of the Borough Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the
Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the
work and labor required in the construction of the above -referenced project as bid by the Contractor, which
bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this
Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or
materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the
Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless
such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any
materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by
the Contract or on written order furnished by the Borough. Any such work or materials which may be done or
furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost,
and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or
materials done or furnished without such written order.
Payment under this Contract shall not exceed Two Hundred Seven Thousand Eight Hundred Ninety -Six
Dollars and Twenty -Three Cents ($207,896.23) for the Base Bid.
The Contractor further covenants and agrees that all materials shall be furnished and delivered, and all work
and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before:
January 15, 2025. It is expressly understood and agreed that in case of the failure on the part of the
Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and
delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall
have the right to deduct from any money due or which may become due the Contractor, or if no money shall
be due, the Borough shall have the right to recover Liquidated Damages as described in the General
Conditions for each calendar day elapsing between the time stipulated for achieving completion of an
individual phase and the actual date of completion of that phase in accordance with the terms hereof; such
deduction to be made,
Kodiak Island Borough Construction Contract Page 1 of 3
Kodiak Baler Floor Slab Overlay Replacement
Contract No. FY2025-22
or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of
written notice from the Contractor of the existence of causes over which the Contractor has no control and
which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or
her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in
such case the Contractor shall become liable for liquidated damages for delays commencing from the date on
which the extended period expires.
The bonds given by the Contractor in the sum of $ 10,394.81 Bid Bond, $207,896.23 Performance Bond, and
$207,896.23 Payment Bond, to secure the proper compliance with the terms and provisions of this
Contract, are submitted herewith and made a part hereof.
The Contractor further covenants and agrees that the entire construction will be done under the administration
of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any
regulatory agency, and in accordance with the laws of the State of Alaska and the Borough.
For purposes of this Contract, Contracting Officer means Aimee Williams, or any other person designated
by the Borough Manager.
The Contractor is an independent contractor and not an employee or agent of the Borough.
Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract,
and include but are not limited to this Contract, the General Conditions of the Construction Contract, the
Supplementary Conditions, and the following listed documents:
1) Drawings dated July 8, 2024
2) Project Manual dated July 29, 2024
Kodiak Island Borough Construction Contract Page 2 of 3
Kodiak Baler Floor Slab Overlay Replacement
Contract No. FY2025-22
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions.
CONTRACTOR
RAM Enterprises Inc.
Company Name
Signature of Authorized Company Representative
Michael Black - President, RAM Industrial
Name and Title
9/24/2024
Date
KODIAK ISLAND BOROUGH
Signature of Borough Manager
Aimee Williams
Typed Name
2-5 5 69 2A4
Date
Nova M. Javier
Borough Clerk
(ATTEST)
Kodiak Island Borough Construction Contract
Kodiak Baler Floor Slab Overlay Replacement
VNN D&
Y
KA
Page 3 of 3
Kodiak Island Borough
4e-
�._ Assembly Newsletter
Vol. FY2024, No. 4 September 06, 2024
At Its Regular Meeting Of September 05, 2024, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On September 19, 2024, At
6:30 p.m. In The Borough Assembly Chambers.
PROCLAIMED The Week Of September 16-20, 2024, Kodiak Adult Education And Family Literacy Week
Encouraging All Residents To Become Familiar With The Services And Benefits Offered By The Adult
Education And Literacy Programs In Kodiak, Alaska And To Support And Participate In These Programs
RECEIVED A PRESENTATION From The Cook Inlet Regional Citizens Advisory Council
ADOPTED Ordinance No. FY2025-06, Amending Various Sections In Title 2 Administration And
Personnel And Title 3 Revenue And Finance In Order To Clarify The Interpretation Of The Two -Thirds
Vote Of The Governing Body
APPROVED Contract No. FY2025-05, Agreement For The Provision Of Destination Marketing And
Tourism Development Program With Kodiak Island Convention and Visitors Bureau (Discover Kodiak)
APPROVED Contract No. FY2025-22, Baler Floor Overlay Replacement By RAM Enterprises, Inc. In
The Amount Of $207,896.23
ADOPTED Resolution No. FY2023-03D, Amending The Kodiak Island Borough Records Retention
Schedule and Central Filing System To Reflect Amendments To The Data Processing Series and
Eliminating The Childcare Assistance Office Series
ADVANCED Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Island Borough
Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite Block 8
Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue) From
R3—Multifamily Residential District To B—Business District To Public Hearing At The Next Regular
Meeting Of The Assembly
ADVANCED Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section 1.10.030
Definitions And Section 2.20.080 Executive Absence To Clarify The Role, Responsibilities, And Pay
Incentives Of The Administrative Official To Public Hearing At The Next Regular Meeting Of The
Assembly
View our website: Visit our Facebook page: © Follow us on
www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter:
@KodiakBorough
Kodiak Island Borough
KODIAK BALER
BUILDING
SLAB OVERLAY
July 29, 2024
Kodiak Island
710 Mill Bay Road
Kodiak, AK 99615
(907) 486-9300
Jensen ❑❑❑
Yorba ❑❑❑
Wall ❑❑❑
Inc. ❑❑❑
522 W 101h Street
Juneau, AK 99801
(907) 586-1070
TABLE OF CONTENTS
DIVISION 0 — BIDDING REQUIREMENTS AND CONTRACT FORMS
000000
REGISTRATION FORM
000010
PROJECT TITLE PAGE
001000
INVITATION TO BID
002000
INSTRUCTIONS TO BIDDERS COVER
00 2000a
INSTRUCTIONS TO BIDDERS
02 2000b
SUBCONTRACTOR REPORT
003000
INFORMATION AVAILABLE TO BIDDERS
004000
INFORMATION REQUIRED AT TIME OF BID
004100
ACKNOWLEDGEMENT OF ADDENDA AND CONTRACTOR QUALIFICATIONS
004150
NON -COLLUSION AFFIDAVIT
004200
BID PROPOSAL
004100
BID MODIFICATION
004250
BID BOND
005000
CONSTRUCTION CONTRACT COVER
005100
CONSTRUCTION CONTRACT
006000
PERFORMANCE AND PAYMENT BONDS COVER
006100
PERFORMANCE AND PAYMENT BONDS
007000
GENERAL CONDITIONS COVER
007100
GENERAL CONDITIONS CONTRACT
008000
SUPPLEMENTARY GENERAL CONDITIONS
009000
DOCUMENTS REQUIRED AT CLOSEOUT
DIVISION 1— GENERAL REQUIREMENTS
011000
SUMMARY
012500
CONTRACT MODIFICATION PROCEDURES
012900
PAYMENT PROCEDURES
013100
PROJECT MANAGEMENT AND COORDINATION
013300
SUBMITTAL PROCEDURES
015000
TEMPORARY FACILITIES AND CONTROLS
016000
PRODUCT REQUIREMENTS
017300
EXECUTION REQUIREMENTS
017700
CLOSEOUT PROCEDURES
017810
PRODUCT RECORD DOCUMENTS
DIVISION 2 — EXISTING CONDITIONS
024119 SELECTIVE DEMOLITION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
TABLE OF CONTENTS
0-1
DIVISION 3 — CONCRETE
033000 CAST -IN-PLACE CONCRETE
ATTACHMENTS
Pamphlet 600 Minimum Prevailing Wage Rates
Pamphlet 400 Title 36 Public Contracts Follows:
END OF TABLE OF CONTENTS
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
TABLE OF CONTENTS
0-2
IUMPTANT
SECTION 00 0000 - BIDDER REGISTRATION FORM
In order to receive addenda and any other information which may impact the bid time or quantities,
bidder shall fill out the contact information below and return to the Kodiak Island Borough.
REGISTRATION IS MANDATORY
ONLY REGISTERED BIDDERS WILL RECEIVE NOTIFICATIONS.
Bidder's Contact Information
Name of Company:
Contact Name:
Address:
Phone Number:
Fax Number:
Email:
Return this form via fax, email, regular mail, or hand delivered to the following location:
Patricia Valerio, Projects Assistant
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6398
Phone: (907) 486-9343
Fax: (907) 486-9394
pvalerio@kodiakak.us
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
REGISTRATION FORM
00 0000- 1
SECTION 00 0010 - PROJECT TITLE PAGE
KODIAK BALER BUILDING SLAB OVERLAY
KODIAK, ALASKA
BID DOCUMENTS
July 29, 2024
ACKNOWLEDGEMENTS
OWNER
KODIAK ISLAND BOROUGH
ARCHITECTURE & INTERIORS & CONSTRUCTION
MANAGEMENT JENSEN YORBA WALL, Inc.
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
TITLE PAGE
00 0010- 1
SECTION 00 1000 - INVITATION TO BID
INVITATION FOR BIDS
1.1 The KODIAK ISLAND BOROUGH will receive sealed bids until 2:00 pm (local time), August 20, 2024,
for KODIAK BALER BUILDING SLAB OVERLAY, Kodiak, Alaska.
A. All work to be done under one Contractor as described in the Scope of Work:
1. Project is a replacement of concrete slab overlay in an existing baler building.
B. Anticipated Notice to Proceed is September 6, 2024. All work must be substantially complete
not later than November 15, 2024, and final completion achieved not later than December 15,
2024.
C. There will be a MANDATORY pre-bid conference August 13, 2024 at 3:30 pm (local time)
starting at the main entrance of the Kodiak Island Borough Landfill, 1203 Monashka Bay
Road, Kodiak, Alaska. Potential bidders MUST attend this conference.
D. Kodiak Island Borough is requiring that the successful bidder complete the concrete pour
within thirty (30) days from the start date of the demolition. If the concrete pour has not been
completed within that time liquidated damages will be applied, at the rate provided for in
Section 00 8000 Supplementary Conditions 2.6(a)(2), for each day beyond thirty (30) days until
the pour is completed.
E. Equal employment opportunity requirements prevail.
F. The Kodiak Island Borough reserves the right to reject or accept any or all bids and waive
irregularities or informalities in the bid or in the bidding.
G. The attention of Bidders is directed to the applicable Federal and State requirements and
conditions of employment to be observed and minimum wage rates to be paid under the
Contract.
H. All bids shall be accompanied by a bid bond, certified check, cashier check or money order in
the amount of not less than five percent (5%) of the total amount bid. Bid bonds shall be in a
form satisfactory to the Kodiak Island Borough.
I. Complete bidding documents for this project are available in electronic form. They may be
viewed online and downloaded without charge and without deposit from the Kodiak Island
Borough Website, www.kodiakak.us
J. Bidders are responsible for their own printing. Bid documents are not available from the
Architect or the Owner. Printed copies may be obtained by downloading the documents and
ordered from reprographic companies by contacting a reprographer directly. Downloaded files
may also be printed on the plan holder's equipment. Plan holders are responsible for their
own reproduction costs. No hard copies will be sent. The Contractor that is awarded the
project will be responsible for printing all documents necessary for performing the work.
K. Addenda will be posted only on the KIB website. Registered bidders will receive email
notification of an Addendum when it has been posted on the website. Planholders lists will
not be provided directly to bidders. Planholders lists will be posted on the KIB website and
updated periodically. It is the bidders responsibility to obtain the planholders list by
downloading it from the KIB website, www.kodiakak.us
KODIAK ISLAND BOROUGH INVITATION TO BID
KODIAK BALER BUILDING SLAB OVERLAY 00 1000 -1
CONTACT PERSON:
PATRICIA VALERIO, PROJECTS ASSISTANT
ENGINEERING/FACILITIES DEPARTMENT
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
PHONE: (907) 486-9343
FAX: (907) 486-9394
pvalerio@kodiakak.us
BID PACKAGE AVAILABLE: July 29, 2024
SUBMIT BIDS AND REQUIRED DOCUMENTS TO:
FINANCE DEPARTMENT
ROOM 104
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
BIDS MUST BE CLEARLY MARKED: "KODIAK BALER BUILDING SLAB OVERLAY"
BIDS WILL BE RECEIVED ONLY AT THE LOCATION STATED ABOVE AND ONLY UNTIL THE TIME STATED
ABOVE, AT WHICH TIME THEY WILL BE PUBLICLY OPENED AND READ ALOUD IN KIB ASSEMBLY
CHAMBERS, 710 MILL BAY ROAD, KODIAK, ALASKA.
DAVE CONRAD
KODIAK ISLAND FACILITIES DIRECTOR
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
INVITATION TO BID
001000-2
SECTION 00 2000 - INSTRUCTIONS TO BIDDERS COVER
FORM OF INSTRUCTIONS TO BIDDERS
1.1 See Invitation to Bid for instructions on submitting bids.
1.2 See AIA Document A701, Instructions to Bidders following this document foradditional
instructions to bidders.
1.3 The instructions in this document amend or supplement the other provisions of the Bidding and
Contract Documents.
1.4 Provide the attached Subcontractor Report no later than 5 days after bid opening, or as described
therein. Bidders not complying with this requirement may be deemed non-responsive, and the
next responsible bidder selected.
1.5 Bid Protests: A formal written protest shall be filed by an aggrieved bidder within 10 business days
after announcement of the notice of intent to award. Late protests shall not be considered. The written
protest shall, at a minimum, include thefollowing:
Name, address, and phone number of protesting contractor;
Authorized signature of the protesting contractor, or the contractor's
representative;
Identification of the proposed award;
Copies of all relevant documents;
Reason for the bid protest.
Protests will be evaluated by the Architect, who will recommend a course of action to the OWNER. The
Decision of the OWNER shall be final.
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
INSTRUCTIONS TO BIDDERS COVER
00 2000 -1
DRAFTAIA"' Document A7 0 JIM
Instructions to Bidders
for the following PROJECT:
(Name and location or address)
o KODIAK BALER BUILDING SLAB OVERLAY
Kodiak, Alaska»
THE OWNER:
(Name, legal status and address)
Kodiak Island Borough »« »
«710 Mill Bay Road
Kodiak, Alaska 99615 »
THE ARCHITECT:
(Name, legal status and address
«Jensen Yorba Wall, n .
«522 W 10' Street
Juneau, Alaska 99801 »
TABLE OF ARTICLES
1 DEFINITIONS
2 BIDDER'S REPRESENTATIONS
3 BIDDING DOCUMENTS
4 BIDDING PROCEDURES
5 CONSIDERATION OF BIDS
6 POST -BID INFORMATION
7 PERFORMANCE BOND AND PAYMENT BOND
8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
go
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and Deletio s port that
nots added inrmation as
wel as revisit s to the
sta dard foim text is
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This document has important
legal consequences.
Consultation with a
attorney is ouraged wl-th
respec its mpletion or
icat'
0
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ELECTRONIC COPYING of any
portion of this AIA® Document to
another electronic file is
prohibited and constitutes a
violation of copyright laws as
set forth in the footer of this
document.
AIA Document A701- - 1997. Copyright © 1970, 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:
This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1
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ARTICLE 1 DEFINITIONS
§ 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding
Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to
Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the
form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.
§ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA �Dod ment A201, or in
other Contract Documents are applicable to the Bidding Documents. II
§ 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execuion of the Contract which
modify or interpret the Bidding Documents by additions, deletions, clarifications or correclowl.
§ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipu� ate(I therein, submitted in
accordance with the Bidding Documents.
§ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the or described in the
Bidding Documents as the base, to which Work may be added or from which Work may bdel ted for s ns tated in
Alternate Bids.
§ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deduc ed tom thea o t of the
Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is cepted.
§ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for matkials, oquipta4 nt or
services or a portion of the Work as described in the Bidding Documents.
§ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Biddin
Documents.
§ 1.9 A Sub -bidder is a person or entity who submits a bid to a Bidder for materials, equipme or la r a port onf
the Work.
ARTICLE 2 BIDDER'S REPRESENTATIONS L
§ 2.1 The Bidder by making a Bid represents that:
§ 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that suc
documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being
bid concurrently or presently under construction.
§ 2.1.2 The Bid is made in compliance with the Bidding Documents.
§ 2.1.3 The Bidder has visited the site, become familiar with local conditions under which
and has correlated the Bidder's personal observations with the requirements of the propos
§ 2.1.4 The Bid is based upon the materials, equipment and systems required by the
exception.
ARTICLE 3 BIDDING DOCUMENTS
§ 3.1 COPIES
§ 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office
Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated the.
refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in gooc
after receipt of Bids. The cost of replacement of missing or damaged documents will be de(
Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's dep
§ 3.1.2 Bidding Documents will not be issued directly to Sub -bidders unless specifically
or Invitation to Bid, or in supplementary instructions to bidders.
is to
deposit will be- *Is
tion within ten days
from the deposit. A
Il be refunded.
in the Advertisement
AIA Document A701m - 1997. Copyright © 1970, 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:
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§ 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect
assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
§ 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the
purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding
Documents. 1—I
§ 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS
§ 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each oth er, Ld with other wor.
being bid concurrently or presently under construction to the extent that it relates to the W rk for which the Bid is
submitted, shall examine the site and local conditions, and shall at once report to the Archil ct
or ambiguities discovered.
§ 3.2.2 Bidders and Sub -bidders requiring clarification or interpretation of the Bidding Do m(I is shall make a
written request which shall reach the Architect at least seven days prior to the date for receipt of Bids.
§ 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made b4Adj endum.
Interpretations, corrections and changes of the Bidding Documents made in any other manjrl 11 not be 1 ind ng, and
Bidders shall not rely upon them.
§ 3.3 SUBSTITUTIONS
§ 3.3.1 The materials, products and equipment described in the Bidding Documents
function, dimension, appearance and quality to be met by any proposed substitution.
§ 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received
by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of theme
material or equipment for which it is to be substituted and a complete description of the proposed subs ' tion oo
including drawings, performance and test data, and other information necessary for an evaluatio statement setting
forth changes in other materials, equipment or other portions of the Work, including chang in th of od er
contracts that incorporation of the proposed substitution would require, shall be included. The e of proof f t te
merit of the proposed substitution is upon the proposer. The Architect's decision of approval or dia�ppro
proposed substitution shall be final.
§ 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an
Addendum. Bidders shall not rely upon approvals made in any other manner.
§ 3.3.4 No substitutions will be considered after the Contract award unless specifically provid for
Documents.
§ 3.4 ADDENDA
§ 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have
Bidding Documents.
§ 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Docunitts are on file for that
purpose.
§ 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids e)(
withdrawing the request for Bids or one which includes postponement of the date for receif
§ 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all
Bidder shall acknowledge their receipt in the Bid.
ARTICLE 4 BIDDING PROCEDURES
§ 4.1 PREPARATION OF BIDS
§ 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents.
§ 4.1.2 All blanks on the bid form shall be legibly executed in a non -erasable medium.
AIA Document A70191 - 1997. Copyright © 1970, 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:
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§ 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall
govern.
§ 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid.
§ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter M, Change."
§ 4.1.6 Where two or more Bids for designated portions of the Work have been requested, te idder may, without
forfeiture of the bid security, state the Bidder's refusal to accept award of less than the comrna on of Bids sti ulatf
by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other
manner.
§ 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal I fo of the Bidder. The
Bidder shall provide evidence of legal authority to perform within the jurisdiction of the W rk. Each copy shall be
signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further
give the state of incorporation and have the corporate seal affixed. A Bid submitted by an aM shall haveurrent
power of attorney attached certifying the agent's authority to bind the Bidder. F-1
§ 4.2 BID SECURITY
§ 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so ipulated n e
Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the t rm stated in he id and
will, if required, furnish bonds covering the faithful performance of the Contract and payme t a o tions arising.
thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds it°re uire ,gt�ie amount off
the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security
shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2.
§ 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherw' rovide
the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety affix t b c
a certified and current copy of the power of attorney.
§ 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an awar 1 g con ' e ti
either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specs ime has
elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.
§ 4.3 SUBMISSION OF BIDS
§ 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to be su th the Bid
shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the parry rcelvp the s an
shall be identified with the Project name, the Bidder's name and address and, if applicable, e signate po of
the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shad be enclosed a epp4
mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.
§ 4.3.2 Bids shall be deposited at the designated location prior to the time and date for rece�pt of Bids. Bids received
after the time and date for receipt of Bids will be returned unopened. L
§ 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location
§ 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be
§ 4.4 MODIFICATION OR WITHDRAWAL OF BID
§ 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulad f e period following
the time and date designated for the receipt of Bids, and each Bidder so agrees in submittin a id.
§ 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be mopififd or withdrawn by
notice to the party receiving Bids at the place designated for receipt of Bids. Such notices 11 qe in writing over the
signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and
time -stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded
as not to reveal the amount of the original Bid.
AIA Document A70191 - 1997. Copyright © 1970, 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:
This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 4
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§ 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that
they are then fully in conformance with these Instructions to Bidders.
§ 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.
ARTICLE 5 CONSIDERATION OF BIDS
§ 5.1 OPENING OF BIDS
At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the p ropi ly identified Bids
received on time will be publicly opened and will be read aloud. An abstract of the Bids in y b made available to
Bidders.
§ 5.2 REJECTION OF BIDS
The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a requ' d b d security or by other
data required by the Bidding Documents, or a Bid which is in any way incomplete or irrelar subject to rejection.
§ 5.3 ACCEPTANCE OF BID (AWARD)
§ 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder prov ded the Bid h., Tb en
submitted in accordance with the requirements of the Bidding Documents and does not ex ed the funds a' able.
The Owner shall have the right to waive informalities and irregularities in a Bid received ai d to accept the Bi which,
in the Owner's judgment, is in the Owner's own best interests.
§ 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unjess t eviseedci ic�a y i
provided in the Bidding Documents, and to determine the low Bidder on the basis of the s- ot�t a ase i an
Alternates accepted.
ARTICLE 6 POST -BID INFORMATION
§ 6.1 CONTRACTOR'S QUALIFICATION STATEMENT
Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon est, a properly
executed AIA Document A305, Contractor's Qualification Statement, unless such a State t has previorsli
required and submitted as a prerequisite to the issuance of Bidding Documents.
§ 6.2 OWNER'S FINANCIAL CAPABILITY L
The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no late n
seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that
financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable
evidence is furnished, the Bidder will not be required to execute the Agreement between the OWaer and Contractor.
§ 6.3 SUBMITTALS
§ 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, a eronotificatioselection for the award of a Contract, furnish to the Owner through the Architect in writing.1 a designation of the Work to be performed with the Bidder's own forces;
.2 names of the manufacturers, products, and the suppliers of principal items o syer' is and
equipment proposed for the Work; and
.3 names of persons or entities (including those who are to furnish materials or quipment fabricated to a
special design) proposed for the principal portions of the Work.
§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the
responsibility of the persons or entities proposed to furnish and perform the Work described in
Documents.
§ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing If e' her the Owner or
Architect, after due investigation, has reasonable objection to a person or entity proposed b th Bidder. If the Owner
or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the i er's option, (1)
withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustmentin a Base Bid or
Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner in ay accept the adjusted bid
price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.
AIA Document A701m - 1997. Copyright © 1970, 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:
This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 5
or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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§ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable
objection must be used on the Work for which they were proposed and shall not be changed except with the written
consent of the Owner and Architect.
ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND
§ 7.1 BOND REQUIREMENTS
§ 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering thelbe*ncluded
performance of the
Contract and payment of all obligations arising thereunder. Bonds may be secured through tder's
usual sources.
§ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shal
in the Bid. If
the furnishing of such bonds is required after receipt of bids and before execution of the C
tract, the cost of such
bonds shall be added to the Bid in determining the Contract Sum.
§ 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sour
s, canges
in cost will be
adjusted as provided in the Contract Documents.
§ 7.2 TIME OF DELIVERY AND FORM OF BONDS
§ 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days fo
to
ing the da
te o
execution of the Contract. If the Work is to be commenced prior thereto in response to a let
er
f intent, tl
e B
dder
shall, prior to commencement of the Work, submit evidence satisfactory to the Owner thatsucl
bonds wi
1 b
furnished and delivered in accordance with this Section 7.2.1.
§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Pertrm—an-7775`35
an
Payment Bond. Both bonds shall be written in the amount of the Contract Sum.
§ 7.2.3 The bonds shall be dated on or after the date of the Contract.
§ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on bf
thereto a certified and current copy of the power of attorney.
ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
Unless otherwise required in the Bidding Documents, the Agreement for the Work will be
A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Pa
AIA Document A701m - 1997. Copyright © 1970, 1979, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:
This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 6
or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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SECTION 00 2000b - LIST OF SUBCONTRACTORS (AS 36.30.115)
The apparent low Bidder must submit a list of Subcontractors that the Bidder proposes to use in the
performance of this contract on the fifth business day following the Posting Notice of Bids. If the fifth day falls
on a weekend or holiday, the report is due by close of business on the next business Day following the
weekend or holiday. The Subcontractor Report list must include each Subcontractor's name, address, location,
evidence of valid Alaska Business License, and valid Alaska Contractor's Registration under AS 08.18. If no
Subcontractors are to be utilized in the performance of the WORK, write in ink or type "NONE" on line (1).
1AK Contractor
SUBCONTRACTOR License No. 1 Contact Name Type of Contract
✓ if
ADDRESS 'AK Business 2 Phone No. Work Amount DBE
License No.
1. 1 $ ❑
z
2. 1 $ ❑
2
3. 1 $ ❑
2
4. 1 $ ❑
2
1 certify that the above listed Alaska Business License(s) and CONTRACTOR Registration (s), if applicable,
were valid at the time Bids were opened for this Project.
CONTRACTOR, Authorized Signature CONTRACTOR, Printed Name
COMPANY
KODIAK ISLAND BOROUGH SUBCONTRACTOR REPORT
KODIAK BALER BUILDING SLAB OVERLAY 00 2000b - 1
A. A Bidder may replace a listed Subcontractor if the Subcontractor:
1. fails to comply with AS 08.18;
2. files for bankruptcy or becomes insolvent;
3. fails to execute a contract with the Bidder involving performance of
the WORK for which the Subcontractor was listed and the Bidder acted in good faith;
4. fails to obtain bonding;
fails to obtain insurance acceptable to the OWNER;
fails to perform the contract with the Bidder involving work for which the
Subcontractor was listed;
must be substituted in order for the CONTRACTOR to satisfy required state
and federal affirmative action requirements;
8. refuses to agree or abide with the Bidder's labor agreement; or
9. is determined by the OWNER not to be responsible.
10. is not in "Good Standing" with the OWNER as required in Article 21.Oin
Section 00100 — Instructions to Bidders.
If a Bidder fails to list a Subcontractor or lists more than one Subcontractor for the same portion
of WORK, the Bidder shall be considered to have agreed to perform that portion of WORK
without the use of a Subcontractor and to have represented the Bidder to be qualified to
perform that WORK.
C. A Bidder who attempts to circumvent the requirements of this section by listing as
a Subcontractor another contractor who, in turn, sublets the majority of the WORK
required under the contract violates this section.
D. If a contract is awarded to a Bidder who violates this section, the OWNER may:
cancel the contract; or
after notice and a hearing, assess a penalty on the Bidder in an amount that does not
exceed 10 percent of the value of the subcontract at issue.
On the Subcontractor Report, the apparent low Bidder must list any Subcontractors anticipated
to perform WORK with a value of greater than one-half of one percent of the intended award amount,
or $2,000, whichever is less.
An apparent low Bidder who fails to submit a completed Subcontractor Report within the time
specified in this section may be found to be not a responsible Bidder and may be required
to forfeit the Bid security. The OWNER will then consider the next lowest Bidder for award
of the contract.
END OF SECTION
KODIAK ISLAND BOROUGH SUBCONTRACTOR REPORT
KODIAK BALER BUILDING SLAB OVERLAY 00 2000b - 2
SECTION 00 3000 - INFORMATION AVAILABLE TO BIDDERS
USE OF KODIAK ISLAND BOROUGH SITE
1.1 The Kodiak Island Borough's (KIB) Website is the document repository for KIB construction projects.
The use of this website for access to all Project bid documents is mandatory. The Contractor is
responsible for downloading of all project documents. See additional information in the Invitation to
Bid.
1.2 The Kodiak Island Borough is requiring that the Contractor complete the concrete pour within thirty
(30) days from the start date of the demolition.
END OF SECTION
KODIAK ISLAND BOROUGH
INFORMATION AVAILABLE TO BIDDERS
KODIAK BALER BUILDING SLAB OVERLAY 3 000- 1
SECTION 00 4000 - INFORMATION REQUIRED AT TIME OF BID
1.1 The Kodiak Island Borough (KIB) requires the following at the time of bid in order for a bid to be
deemed responsive:
1. Completed Bid Form.
2. Acknowledgement of Addenda and Bidder Qualifications form.
3. Non -Collusion Affidavit form.
4. Fully executed Bid Bond in the amount of 5% of the bid.
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
INFORMATION REQUIRED AT TIME OF BID
4 000- 1
SECTION 00 4100 - ACKNOWLEDGEMENT OF ADDENDA and CONTRACTOR QUALIFICATIONS
KODIAK BALER BUILDING SLAB OVERLAY
ACKNOWLEDGEMENT OF ADDENDA
The offeror acknowledges receipt of addenda to the solicitation. Provide the number and date of each.
Addendum Number Date
CONTRACTOR QUALIFICATIONS
Kodiak Island Borough will only accept bids from qualified bidders. To be qualified to bid on this project, the
bidder must have successfully completed two (2) projects of similar cost, size, and type, and with similar
bonding requirements, in the last ten (10) years. The "type" of project is defined as an institutional or
commercial concrete slab placement. By signing this form, the bidder certifies their compliance with this
requirement. Failure to provide the required signatures and other information will disqualify the bid.
Bidder is a construction contractor duly licensed in Alaska, who owns, operates, or maintains a place of
business, regularly engaged in commercial construction projects.
Bidder must have the necessary experience, organization, technical qualifications, financial resources and
facilities available to perform the contemplated work.
Bidder must agree to perform the work required in the amount indicated on the bid form, in strict
conformance with the terms of the solicitation and the Contract Documents.
Bidder warrants that the prices included on the bid form are valid for 90 days after the date offers are due.
If differences occur between the written and printed form, the written form will prevail
Bidder must have current Alaska Business license, Alaska General Contractor license, and in all respects
meet Federal, State and local requirements to qualify as a responsible bidder. By signing this form, (and
providing seal if a corporation) Bidder warrants that it meets these requirements.
KODIAK ISLAND BOROUGH ACKNOWLEDGEMENT OF ADDENDA
KODIAK BALER BUILDING SLAB OVERLAY 004100-1
Respectfully submitted:
Date: By:
Contracting Firm
(Seal if by Corporation)
Signature
Title
Business Address
General Contractor License
END OF SECTION
KODIAK ISLAND BOROUGH ACKNOWLEDGEMENT OF ADDENDA
KODIAK BALER BUILDING SLAB OVERLAY 004100-2
SECTION 00 4150 - NON -COLLUSION AFFIDAVIT
The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor
the firm, association or corporation of which he is a member, a bidder on this project has, 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 bid.
The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by affixing
his/her signature below:
Signature
Name and Title of Person Signing
Telephone Number
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
NON -COLLUSION AFFIDAVIT
00 4150 -1
SECTION 00 4200 — BID PROPOSAL
RID PROPOSAL
Place: Kodiak, Alaska
Date:
Project: KODIAK BALER BUILDING SLAB OVERLAY
Bid of (hereinafter called the BIDDER), a corporation,
organized and existing under the laws of the State of Alaska, a partnership or an individual doing
business as to the Kodiak Island Borough, Kodiak,
Alaska (hereinafter called the OWNER).
Bidders:
A. The BIDDER, in compliance with your Invitation for Bids for the construction of the Project indicated
above, having examined the plans and specifications with the related documents and the site of the
proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project, including the availability of materials and labor, hereby propose to furnish all
labor, materials and supplies and to construct the Project in accordance with the Contract
Documents, within the time set forth therein, and for the price stated below.
B. The BIDDER hereby agrees to commence work under the Contract on a date to be specified in the
written Notice to Proceed of the Owner; fully complete the concrete pour within thirty (30) days
from the start date of the demolition and the Project as a whole within the time stipulated in the
Contract Documents. The BIDDER further agrees to pay all applicable liquidated damages in the
sums as set forth in the Contract Documents.
C. BASE BID AMOUNT
Dollars ($
(In words)
(In figures)
D. The BIDDER understands that the Owner reserves the right to reject any or all bids and to waiveany
informalities in the bidding.
KODIAK ISLAND BOROUGH BID PROPOSAL
KODIAK BALER BUILDING SLAB OVERLAY 00 4200 -1
E. The BIDDER certifies that it possesses the following valid license and registration and submits the
corresponding numbers as evidence. The BIDDER also agrees to provide copies of each withinfive
(5) working days of owner's identification of BIDDER as apparent low BIDDER.
Alaska Business License No.:
Contractor Registration (AS 08.18) No.:
F. Any protest to the award of this bid must be filed in accordance with 4AAC.31.080
Respectfully Submitted,
BY:
Typed Name and Title:
(Seal if bid by Corporation) Date:
Business Address:
Telephone:
To be considered a responsive bid, this bid form must be fully executed and accompanied by a bid
security as described in the Instruction to Bidders in the amount of 5% of the bid. Utilize the
attached bid bond form.
END OF SECTION
KODIAK ISLAND BOROUGH BID PROPOSAL
KODIAK BALER BUILDING SLAB OVERLAY 004200-2
SECTION 00 4210 — BID MODIFICATION
KODIAK BALER BUILDING SLAB OVERLAY
Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified by notice to
the party receiving Bids at the place designated for receipt of Bids. All modifications shall be made to
the original bid amount(s). Modifications shall be worded as not to reveal the amount of the original Bid.
If more than one Modification form is submitted by any one bidder, changes from all Modification forms
submitted will be combined and applied to the original bid. Changes to the modified Bid amounts will be
calculated by the Owner. Bidder may use multiple modification pages if required.
Circle either Addition or Deduction to indicate your adjustment to each applicable item. Sums shall be
expressed in both words and figures. In case of discrepancy, the amount written in words shall govern.
Name of Bidding Firm
Responsible Party Signature Date
Printed Name (must be authorized signatory for Bidding Firm)
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
BID MODIFICATION
004210
Addition /
Bid Item
Deduction
Amount in
Amount in Words
(Base Bid, Alternate, etc)
(circle one)
Figures
Addition /
$
Deduction
Addition /
$
Deduction
Addition /
$
Deduction
Addition /
$
Deduction
Addition /
$
Deduction
Addition /
$
Deduction
Name of Bidding Firm
Responsible Party Signature Date
Printed Name (must be authorized signatory for Bidding Firm)
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
BID MODIFICATION
004210
SECTION 00 4250 - BID BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned, as
Principal, and as Surety, are hereby held and firmly
bound onto as Owner in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and severally,
bind ourselves, our heirs, executors, administrators, successors, and assigns.
The condition of the above obligation is such that whereas the Principal has submitted to
a certain Bid, attached hereto and hereby made a
part hereof, to enter into a contract in writing for the
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a bond for his faithful performance of said contract, and for the payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the agreement created by the acceptance of said Bid, then this
obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall in no event exceed the penal amount of this obligation as herein stated. The
Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its bonds shall be in no way impaired or affected by any extension of the time within
which the Owner may accept such Bid, and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, The Principal and the Surety have hereunto set their hands and seals, and such
of them as are corporations have caused their corporate seals to be hereto affixed and these presents to
be signed by the proper officers, the day and year set forth below.
Signed this day of , 2024
Principal
Surety
SEAL By:
END OF SECTION
KODIAK ISLAND BOROUGH
BID BOND
KODIAK BALER BUILDING SLAB OVERLAY 4250-1
SECTION 00 5000 — CONSTRUCTION CONTRACT COVER
FORM OF AGREEMENT
1. The attached document forms the Contract between the Owner and Contractor.
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
CONSTRUCTION CONTRACT COVER
5250-1
SECTION 00 5100 — CONSTRUCTION CONTRACT
KODIAK ISLAND BOROUGH, ALASKA
KODIAK BALER BUILDING SLAB OVERLAY
This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and
through its Borough Manager, and
Company Name
Company Address (Street or PO Box, City, State, Zip)
a/an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑Corporation incorporated under
the laws of the State of , its successors and assigns, herein called the Contractor, is effective the date
of the signature of the Borough Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough,
hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor
required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named,
together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as
such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the
Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any
work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the
Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done,
unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any
such work or materials which may be done or furnished by the Contractor without written order first being given
shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no
claim for compensation for work or materials done or furnished without such written order.
Payment under this Contract shall not exceed dollars ($ ) .
The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and
labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before:
or within calendar days following the date of notice to proceed. [The Borough's signature below shall
constitute notice to proceed.] It is expressly understood and agreed that in case of the failure on the part of the
Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery
of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right
to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough
shall have the right to recover Liquidated Damages as described in the Special Conditions for each calendar day
elapsing between the time stipulated for achieving substantial completion of an individual phase and the actual date
of completion of that phase in accordance with the terms hereof; such deduction to be made, or sum to be
recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from
the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing
of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period
KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 00 5100 -1
specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become
liable for liquidated damages for delays commencing from the date on which the extended period expires.
The bonds given by the Contractor in the sum of $ Payment Bond, and $
Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted
herewith and made a part hereof.
The Contractor further covenants and agrees that the entire construction will be done under the administration of
and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory
agency, and in accordance with the laws of the State of Alaska and the Borough.
For purposes of this Contract, Contracting Officer means or any other person designated
by the Borough Manager.
The Contractor is an independent contractor and not an employee or agent of the Borough.
Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and
include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary
Conditions, and the following listed documents:
(1) ; (2)
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions.
CONTRACTOR
Company Name
Signature of Authorized Company Representative
Typed Name and Title
Date
KODIAK ISLAND BOROUGH
KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 005100-2
Signature of Borough Manager
Typed Name
Date
Borough Clerk
(ATTEST)
END OF SECTION
KODIAK ISLAND BOROUGH CONSTRUCTION CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 005100-3
SECTION 00 6000 - PERFORMANCE AND PAYMENT BONDS COVER
BOND FORMS
1. The attached document forms the performance and payment bonds.
END OF SECTION
KODIAK ISLAND BOROUGH PERFORMANCE AND PAYMENT BONDS COVER
KODIAK BALER BUILDING SLAB OVERLAY 6000-1
SECTION 00 6100 — PERFORMANCE AND PAYMENT BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That
Of as Principal, and
Of,
And held unto the Kodiak Island Borough in the penal sum of
as Surety, firmly bound
dollars ($ ), good and lawful money of the United States of America
for the payment whereof, well and truly to be paid to the Kodiak Island Borough, we bind ourselves, our
heirs, successors, executors, administrators and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has entered into a written contract with the Kodiak Island Borough, on the
day of , 2024 for performance of KODIAK BALER BUILDING SLAB OVERLAY. Said work
to be done according to the terms of said Contract.
Now, THEREFORE, the conditions of the foregoing obligations are such that if the said Principals
shall well and truly perform and complete all obligations and work under said Contract and the Proposal,
and Contract Documents of the Kodiak Island Borough, to which reference is hereby made and which
are by reference made a part thereof, according to the terms as the same are now constituted or as they
may thereafter be modified in accordance with the provisions of said Contract and Specifications and
during the life of any guarantee required under the Contract shall comply with all requirements of law,
and shall indemnify and hold harmless the Kodiak Island Borough, the Borough Manager and employees
thereof against any damages or loss which they or any of them may suffer or for which they or any of
them become liable by the default of said principals, their agents, servants, employees, or by any act of
omission of said principals, their agents, servants, employees, in the performance of said Contract, and if
the principals shall reimburse upon demand of the Kodiak Island Borough any sums paid to it which
exceeds the final payment determined to be due upon completion of the Project, and then these
presents shall become null and void; otherwise they shall remain in full force and effect.
IN WITNESS THEREOF, we have hereunto set our hands and seals at Kodiak,Alaska, this day of
.2024.
Principal:
By:
By:
Surety:
By:
By:
The offered Bond has been checked for adequacy under the applicable statutes and regulations:
Date
Contracting Officer
Kodiak Island Borough
KODIAK ISLAND BOROUGH PERFORMANCE AND PAYMENT BONDS
KODIAK BALER BUILDING SLAB OVERLAY 00 6100 -1
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That
Of as Principal, and
Of,
And held unto the Kodiak Island Borough in the penal sum of
as Surety, firmly bound
dollars ($ ), good and lawful money of the United States of America
for the payment whereof, well and truly to be paid to the Kodiak Island Borough, we bind ourselves, our
heirs, successors, executors, administrators and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has entered into a written contract with the Kodiak Island Borough, on the
day of , 2024 for performance of KODIAK BALER BUILDING SLAB OVERLAY. Said work
to be done according to the terms of said Contract.
NOW, THEREFORE, the conditions of the foregoing obligations are such that if the said principals
shall comply with all requirements of law and pay, as they become due, all just claims for labor
performed and materials and supplies furnished upon or for the work under said contract, whether said
labor be performed and said materials and supplies be furnished under the original contract, any
subcontract, or any and all duly authorized modifications thereto, and shall indemnify and save harmless
the Kodiak Island Borough, Borough Manager and employees thereof against any damage or loss which
they or any of them may suffer or for which they or any of them become liable; by the default of said
principals, or by any neglect or carelessness on the part of said principals, their agents, servants or
employees, then these presents shall become void, otherwise they shall remain in full force and effect.
IN WITNESS THEREOF, we have hereunto set our hands and seals at Kodiak,Alaska, this day of
, 2024.
Principal:
Surety:
By:
By:
By:
By:
The offered Bond has been checked for adequacy under the applicable statutes and regulations:
Date
END OF SECTION
Contracting Officer
Kodiak Island Borough
KODIAK ISLAND BOROUGH PERFORMANCE AND PAYMENT BONDS
KODIAK BALER BUILDING SLAB OVERLAY 006100-2
SECTION 00 7000 - GENERAL CONDITIONS COVER
FORM OF GENERAL CONDITIONS
1.1 General Conditions of the Contract 00 7100, attached, is the General Conditions between the
Owner and Contractor.
SUPPLEMENTARY CONDITIONS
2.1 Refer to Document 00 8000 for amendments to these General Conditions.
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
GENERAL CONDITIONS COVER
007000-1
SECTION 00 7100 - GENERAL CONDITIONS CONTRACT
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS............................................................................................................... 5
ARTICLE
2 - AUTHORITIES & LIMITATIONS..................................................................................... 9
2.1
Authorities and Limitations.........................................................................................................9
2.2
Evaluations by Contracting Officer..............................................................................................
9
2.3
Means & Methods.....................................................................................................................10
ARTICLE
3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...............................................
10
3.1
Incomplete Contract Documents..............................................................................................10
3.2
Copies of Contract Documents..................................................................................................10
3.3
Scope of Work...........................................................................................................................10
3.4
Intent of Contract Documents...................................................................................................11
3.5
Discrepancy in Contract Documents.........................................................................................11
3.6
Clarifications and Interpretations(RFIs)....................................................................................12
3.7
Ownership and Reuse of Documents........................................................................................13
ARTICLE
4 - LANDS AND PHYSICAL CONDITIONS..........................................................................
13
4.1
Availability of Lands...................................................................................................................13
4.2
Visit to Site.................................................................................................................................13
4.3
Explorations and Reports..........................................................................................................14
4.4
Utilities.......................................................................................................................................14
4.5
Damaged Utilities......................................................................................................................14
4.6
Utilities Not Shown or Indicated................................................................................................15
4.7
Survey Control...........................................................................................................................15
ARTICLE
5 - BONDS, INSURANCE, AND INDEMNIFICATION...........................................................
16
5.1
Delivery of Bonds.......................................................................................................................16
5.2
Bonds.........................................................................................................................................16
5.3
Replacement of Bond and Surety..............................................................................................16
5.4
Insurance Requirements............................................................................................................16
5.5
Indemnification..........................................................................................................................18
ARTICLE
6 - CONTRACTOR'S RESPONSIBILITIES.............................................................................
19
6.1
Supervision of Work..................................................................................................................19
6.2
Superintendence by Contractor................................................................................................19
6.3
Character of Workers................................................................................................................19
6.4
Contractor to Furnish................................................................................................................19
6.5
Materials and Equipment..........................................................................................................19
6.6
Anticipated Schedules...............................................................................................................20
6.7
Finalizing Schedules...................................................................................................................21
6.8
Adjusting Schedules...................................................................................................................21
6.9
Substitutes or "Or Equal" Items.................................................................................................22
6.10
Reserved....................................................................................................................................
24
6.11
Reserved....................................................................................................................................24
6.12
Dividing the Work......................................................................................................................24
6.13
Subcontractors..........................................................................................................................24
6.14
Use of Premises.........................................................................................................................25
6.15
Structural Loading......................................................................................................................25
6.16
Record Documents....................................................................................................................
25
6.17
Safety and Protection................................................................................................................25
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-1
6.18
Safety Representative................................................................................................................26
6.19
Emergencies..............................................................................................................................26
6.20
Shop Drawings and Samples......................................................................................................26
6.21
Shop Drawing and Sample Review............................................................................................27
6.22
Maintenance During Construction............................................................................................
28
6.23
Continuing the Work.................................................................................................................28
6.24
Consent to Assignment..............................................................................................................
28
6.25
Use of Explosives.......................................................................................................................
28
6.26
Contractor's Records.................................................................................................................
29
ARTICLE
7 - LAWS AND REGULATIONS.........................................................................................
29
7.1
Laws to be Observed.................................................................................................................29
7.2
Permits, Licenses, and Taxes.....................................................................................................
29
7.3
Patented Devices, Materials and Processes..............................................................................30
7.4
Compliance of Specifications and Drawings..............................................................................30
7.5
Accident Prevention..................................................................................................................30
7.6
Sanitary Provisions....................................................................................................................30
7.7
Business Registration.................................................................................................................30
7.8
Professional Registration and Certification...............................................................................30
7.9
Local Building Codes..................................................................................................................31
7.10
Environmental Quality Control..................................................................................................31
7.11
Archaeological or Paleontological Discoveries..........................................................................31
7.12
Alaska Agricultural Products......................................................................................................31
7.13
Preferential Employment..........................................................................................................31
7.14
Wages and Hours of Labor........................................................................................................31
7.15
Overtime Work Hours and Compensation................................................................................32
7.16
Covenant Against Contingent Fees............................................................................................32
7.17
Officials Not To Benefit..............................................................................................................32
7.18
Personal Liability of Public Officials...........................................................................................33
ARTICLE
8 - OTHER WORK...........................................................................................................
33
8.1
Related Work At Site.................................................................................................................
33
8.2
Access, Cutting, and Patching....................................................................................................33
8.3
Defective Work By Others.........................................................................................................
34
8.4
Coordination..............................................................................................................................34
ARTICLE
9 - CHANGES...................................................................................................................34
9.1
Borough's Right to Change........................................................................................................
34
9.2
Authorization of Changes within the General Scope................................................................35
9.3
Directive.....................................................................................................................................35
9.4
Change Order.............................................................................................................................35
9.5
Shop Drawing Variations...........................................................................................................36
9.6
Changes Outside the General Scope; Supplemental Agreement..............................................36
9.7
Unauthorized Work...................................................................................................................36
9.8
Notification of Surety................................................................................................................
36
9.9
Differing Site Conditions............................................................................................................36
ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE ..................................................... 37
10.1 Contract Price............................................................................................................................ 37
10.2 Claim For Price Change..............................................................................................................37
10.3 Change Order Price Determination........................................................................................... 37
10.4 Cost of the Work........................................................................................................................ 37
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-2
10.5
Excluded Costs...........................................................................................................................39
10.6
Contractor's Fee........................................................................................................................39
10.7
Cost Breakdown.........................................................................................................................40
10.8
Cash Allowances........................................................................................................................40
10.9
Unit Price Work.........................................................................................................................40
10.10
Determinations for Unit Prices..................................................................................................41
ARTICLE
11 - CONTRACT TIME: COMPUTATION AND CHANGE ...................................................... 41
11.1
Commencement of Contract Time............................................................................................41
11.2
Starting the Work......................................................................................................................41
11.3
Computation of Contract Time..................................................................................................41
11.4
Time Change..............................................................................................................................42
11.5
Extension Due to Delays............................................................................................................42
11.6
Essence of Contract...................................................................................................................42
11.7
Reasonable Completion Time....................................................................................................42
11.8
Delay Damages..........................................................................................................................42
ARTICLE
12 - QUALITY ASSURANCE.............................................................................................. 43
12.1
Warranty and Guaranty.............................................................................................................43
12.2
Access to Work..........................................................................................................................43
12.3
Tests and Inspections................................................................................................................43
12.4
Uncovering Work.......................................................................................................................44
12.5
Borough May Stop the Work.....................................................................................................45
12.6
Correction or Removal of Defective Work................................................................................45
12.7
One Year Correction Period.......................................................................................................45
12.8
Acceptance of Defective Work..................................................................................................45
12.9
Borough May Correct Defective Work......................................................................................45
ARTICLE
13 - PAYMENTS TO CONTRACTOR AND COMPLETION..................................................... 46
13.1
Schedule of Values.....................................................................................................................46
13.2
Preliminary Payments................................................................................................................46
13.3
Application For Progress Payment............................................................................................46
13.4
Review of Application for Progress Payment............................................................................47
13.5
Stored Materials and Equipment..............................................................................................47
13.6
Contractor's Warranty of Title...................................................................................................47
13.7
Withholding of Payments..........................................................................................................47
13.8
Retainage...................................................................................................................................48
13.9
Request for Release of Funds....................................................................................................48
13.10
Substantial Completion.............................................................................................................48
13.11
Access Following Substantial Completion.................................................................................49
13.12
Final Inspection..........................................................................................................................49
13.13
Final Completion and Application for Payment.........................................................................49
13.14
Final Payment............................................................................................................................49
13.15
Final Acceptance........................................................................................................................50
13.16
Contractor's Continuing Obligation...........................................................................................50
13.17
Waiver of Claims by Contractor.................................................................................................50
13.18
No Waiver of Legal Rights..........................................................................................................50
ARTICLE
14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION
............................................. 50
14.1
Borough May Suspend Work.....................................................................................................50
14.2
Default of Contract....................................................................................................................51
14.3
Rights or Remedies....................................................................................................................52
14.4
Convenience Termination.........................................................................................................52
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-3
ARTICLE 15 - CLAIMS AND DISPUTES............................................................................................ 54
15.1 Notification................................................................................................................................54
15.2 Presenting Claim........................................................................................................................55
15.3 Claim Validity, Additional Information, and Contracting Officer's Actions...............................55
15.4 Notice of Appeal........................................................................................................................ 55
15.5 Borough Manager's Decision.....................................................................................................55
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-4
ARTICLE 1 - DEFINITIONS
Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used,
the intent or meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as
set forth below.
The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of
reference and shall not be considered as having bearing on their interpretation.
Whenever used in the Specifications or other Contract Documents the following terms have the
meanings indicated which are applicable to both the singular and plural thereof. Working titles which
have a masculine gender are intended to refer to person of either sex.
Terms not defined below shall have their ordinary accepted meanings within the context which they are
used. "Webster's Third New International Dictionary of the English Language, Unabridged, Copyright
1961," or subsequent revision thereof, shall provide ordinarily accepted meanings. Words which have a
well-known technical or trade meaning when used to describe work, materials or equipment shall be
interpreted in accordance with such meaning. Words defined in Article 1 are capitalized throughout
these General Conditions.
Addenda - All clarifications, corrections, or changes issued graphically or in writing by the Borough after
the advertisement but prior to the opening of proposals.
Advertisement - The public announcement, as required by law, inviting bids for work to be performed or
materials to be furnished.
Application for Payment - The form provided by the Borough which is to be used by the Contractor in
requesting progress or final payments and which is to include such supporting documentation as is
required by the Contract Documents.
Approved or Approval - Written approval by the Contracting Officer or his authorized representative as
defined in Article 2.1.
Architect - The person or firm retained by the Borough to provide architectural and related services.
A.S. - Initials which stand for Alaska Statute.
Award - The acceptance, by the Borough, of the successful bid.
Bid Bond - A type of Proposal Guaranty.
Bidder - Any individual, firm, corporation or any acceptable combination thereof, or joint venture
submitting a bid or proposal for the advertised Work.
Calendar Day - Every day shown on the calendar, beginning and ending at midnight.
Change Order - A written order by the Borough directing changes to the Contract Documents, within
their general scope.
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-5
Borough - The Kodiak Island Borough. References to "Owner" and "Contracting Agency" mean the
Borough.
Conditions of the Contract - Those portions of the Contract Documents which define the rights and
responsibilities of the contracting parties and of others involved in the Work. The Conditions of the
Contract include General Conditions, Supplementary Conditions and other conditions.
Consultant - The person, firm, or corporation retained directly by the Borough or its Project Manager to
prepare Contract Documents, perform construction administration services, or other Project related
services.
Contract - The written agreement between the Borough and the Contractor setting forth the obligations
of the parties and covering the Work to be performed, all as required by the Contract Documents.
Contract Documents - The Construction Contract form, Addenda, the bidding requirements and
Contractor's bid (including all appropriate bid tender forms), the bonds, the Conditions of the Contract
and all other Contract requirements, the Specifications, and the Drawings furnished by the Borough to
the Contractor, together with all Change Orders and documents approved by the Contracting Officer for
inclusion, modifications and supplements issued on or after the Effective Date of the Contract.
Contracting Officer - The person authorized by the Borough to administer the Contract on behalf of the
Borough. The Contracting Officer has authority to make findings, determinations and decisions with
respect to the Contract and, when necessary, to modify or terminate the Contract. The Contracting
Officer is identified on the Construction Contract form.
Contractor - The individual, firm, corporation or any acceptable combination thereof, contracting with
the Borough or performance of the Work.
Contract Price - The total moneys payable by the Borough to the Contractor under the terms of the
Contract Documents.
Contract Time - The number of Calendar Days or the day specified in the construction Contract and
authorized time extensions which identify how much time the Contractor is allowed to achieve Final
Completion.
Cutting - Removal of in-place construction necessary to permit installation or performance of other
work.
Defective - An adjective which refers to Work that is unsatisfactory, faulty or deficient, or does not
conform to the Contract Documents, or does not meet the requirements of any inspection, reference
standard, tests or approval referred to in the Contract Documents, or has been damaged prior to the
Borough's approval of final payment.
Directive - A written communication to the Contractor from the Contracting Officer interpreting or
enforcing a Contract requirement or ordering commencement of an item of Work.
Drawings - The drawings which show the character and scope of the Work to be performed and which
have furnished by the Borough or the Borough's Consultant and are by reference made a part of the
Contract Documents.
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-6
Effective Date of the Contract - The date on which the Contract is fully executed by both Contractor and
the Borough.
Final Acceptance - The Borough's written acceptance of the Work following Final Completion and the
performance of all Contract requirements by the Contractor.
Final Completion - The Work (or specified part thereof) has progressed to the point that all work is
complete as determined by the Contracting Officer.
Holidays - In the Borough, Holidays occur on:
1. New Year's Day—January 1
2. Presidents Day—Third Monday in February
3. Seward's Day — Last Monday in March
4. Memorial Day — Last Monday in May
5. Independence Day—July 4
6. Labor Day— First Monday in September
7. Alaska Day — October 18
8. Veteran's Day — November 11
9. Thanksgiving Day — Fourth Thursday in
November
10. Friday Following Thanksgiving Day —Fourth
Friday in November
11. Christmas Eve — December 24 % Day Off
12. Christmas Day — December 25
13. Every day designated by public proclamation
by the Borough Assembly.
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays.
If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays.
Install - Means to build into the Work, ready to be used in complete and operable condition and in
compliance with Contract Documents.
Invitation for Bids - A portion of the bidding documents soliciting bids for the Work to be performed.
Notice of Intent to Award - The written notice by the Borough to all Bidders identifying the apparent
successful Bidder and establishing the Borough's intent to execute the Contract when all conditions
required for execution of the Contract are met.
Notice to Proceed - A written notice to the Contractor to begin the Work and establishing the date on
which the Contract Time begins.
Patching - Fitting and repair work required to restore surfaces to original conditions after installation of
other work.
Payment Bond - The security furnished by the Contractor and its Surety to guarantee payment of the
debts covered by the bond.
Performance Bond - The security furnished by the Contractor and its Surety to guarantee performance
and completion of the Work in accordance with the Contract.
Project - The total construction, of which the Work performed under the Contract Documents is the
whole or a part, where such total construction may be performed by more than one Contractor.
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Project Manager - The authorized representative of the Contracting Officer who is responsible for
administration of the Contract.
Proposal - The offer of a Bidder, on the prescribed form to perform the Work at the prices quoted. The
Proposal may also be referred to as the Bid.
Proposal Guaranty - The security furnished with a Proposal to guarantee that the bidder will enter into a
Contract if his Proposal is accepted by the Borough.
Regulatory Requirements - Laws, rules, regulations, ordinances, codes and/or orders.
RFI - Request from the Contractor seeking interpretation or clarification of the Contract Documents.
Schedule of Values - The Borough's document, submitted by the Contractor and reviewed by the
Contracting Officer allocating portions of the Contract Price to various portions of the work, which shall
serve as the basis for computing payment and for establishing the value of separate items of Work of
which comprise the Contract Price.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specially
prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures,
standard schedules, performance charts, instructions, diagrams and other information prepared by a
Supplier and submitted by the Contractor to illustrate material, equipment, fabrication, or erection for
some portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems standards and workmanship as applied to the Work and
certain administrative and procedural details applicable thereto. Specifications may also be referred to
as Project Manuals.
Subcontractor - An individual, firm, or corporation to whom the Contractor or any other Subcontractor
sublets part of the Contract.
Substantial Completion - Although not fully completed, the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Borough as evidenced by the Borough's written notice,
it is sufficiently complete, in accordance with the Contract Documents so that the Work (or specified
part) can be utilized for the purposes for which it is intended. The terms "Substantially Complete" and
"Substantially Completed" as applied to any work refer to Substantial Completion thereof.
Supplemental Agreement - A written agreement between the Contractor and the Borough covering
work that is not within the general scope of the Contract.
Supplementary Conditions - The part of the Contract Documents which amends or supplements these
General Conditions.
Supplier - A manufacturer, fabricator, distributor, materialman or vendor of materials or equipment.
Surety - The corporation, partnership, or individual, other than the Contractor, executing a bond
furnished by the Contractor for the benefit of the Borough.
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Unit Price Work - Work to be paid for on the basis of unit prices.
Using Agency - The entity who will occupy or use the completed Work.
Work - Work is the act of, and the result of, performing services, furnishing labor, furnishing and
incorporating materials and equipment into the Project and performing other duties and obligations, all
as required by the Contract Documents. Such Work, however incremental, will culminate in the entire
completed Project, or the various separately identifiable parts thereof.
ARTICLE 2 - AUTHORITIES AND LIMITATIONS
2.1 Authorities and Limitations:
2.1.1 The Contracting Officer alone shall have the power to bind the Borough and to exercise the
rights, responsibilities, authorities and functions vested in the Contracting Officer by the Contract
Documents, except that the Contracting Officer shall have the right to designate in writing authorized
representatives to act for him. Wherever any provision of the Contract Documents specifies an
individual or organization, whether governmental or private, to perform any act on behalf of or in the
interests of the Borough, that individual or organization shall be deemed to be the Contracting Officer's
authorized representative under this Contract but only to the extent so specified. The Contracting
Officer may, at any time during the performance of this Contract, vest in any such authorized
representatives additional power and authority to act for the Contracting Officer or designate additional
representatives, specifying the extent of their authority to act for the Contracting Officer; a copy of each
document vesting additional authority in or removing that authority from an authorized representative
or designating an additional authorized representative shall be furnished to the Contractor. The
Borough Manager reserves the right to appoint a new Contracting Officer without affecting any of the
Contractor's obligations to the Borough under this Contract.
2.1.2 The Contractor shall perform the Work in accordance with any written order (including but not
limited to instruction, direction, interpretation or determination) issued by an authorized representative
in accordance with the authorized representative's authority to act for the Contracting Officer. The
Contractor assumes all the risk and consequences of performing the Work in accordance with any order
(including but not limited to instruction, direction, interpretation or determination) of anyone not
authorized to issue such order, and of any order not in writing.
2.1.3 Should the Contracting Officer or his authorized representative designate Consultant(s) to act
for the Borough as provided for in Paragraph 2.1.1, the performance or nonperformance of the
Consultant under such authority to act, shall not give rise to any contractual obligation or duty of the
Consultant to the Contractor, any Subcontractor, any Supplier; or any other organization performing any
of the Work or any Surety representing them.
2.2 Evaluations by Contracting Officer:
2.2.1 The Contracting Officer will decide all questions which may arise as to:
a. Quality and acceptability of materials furnished;
b. Quality and acceptability of Work performed;
C. Compliance with schedule of progress;
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d. Interpretation of the schedule of progress;
e. Acceptable fulfillment of the Contract on the part of the Contractor.
2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract
Documents the terms "as required," "as approved" or terms of like effect or import are used, or the
adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or
import are used it shall be understood as if the expression were followed by the words "the Contracting
Officer."
When such terms are used to describe a requirement, direction, review or judgment of the Contracting
Officer as to the Work, it is intended that such requirement, direction, review or judgment will be solely
to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement
indicating otherwise).
2.2.3 The use of any such term or adjective shall not be effective to assign to the Borough any duty or
authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4.
2.3 Means and Methods: The means, methods, techniques, sequences or procedures of
construction, or safety precautions and the program incident thereto, and the failure to perform or
furnish the Work in accordance with the Contract Documents are the sole responsibility of the
Contractor.
2.4 The Contracting Officer may make visits to the site and approved remote storage sites at
intervals appropriate to the various stages of construction to observe the progress and quality of the
executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract
Documents. Such observations or the lack of such observations shall in no way relieve the Contractor
from his duty to perform the Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 Incomplete Contract Documents:
The submission of a bid by the Bidder is considered a representation that the Bidder examined the
Contract Documents to make certain that all sheets and pages were provided and that the Bidder is
satisfied as to the conditions to be encountered in performing the Work. The Borough expressly denies
any responsibility or liability for a bid submitted on the basis of an incomplete set of Contract
Documents.
3.2 Copies of Contract Documents:
The Borough will provide electronic copies of Contract Documents. Contractor is responsible for
furnishing all needed hard copies of Contract Documents at its own expense.
3.3 Scope of Work:
The Contract Documents comprise the entire Contract between the Borough and the Contractor
concerning the Work. The Contract Documents are complementary; what is called for by one is as
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binding as if called for by all. The Contract Documents will be construed in accordance with the
Regulatory Requirements of the place of the Project.
It is specifically agreed between the parties executing this Contract that it is not intended by any of the
provisions of the Contract to create in the public or any member thereof a third party benefit, or to
authorize anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of
the Contract.
3.4 Intent of Contract Documents:
3.4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be
constructed in accordance with the Contract Documents. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended result
will be supplied, without any adjustment in Contract Price or Contract Time, whether or not specifically
called for.
3.4.2 Reference to standard Specifications, manuals or codes of any technical society, organization or
association, or to the Regulatory Requirements of any governmental authority, whether such reference
be specific or by implication, shall mean the edition stated in the Contract Documents or if not stated
the latest standard specification, manual, code or Regulatory Requirements in effect at the time of
Advertisement for the Project (or, on the Effective Date of the Contract if there was no Advertisement).
However, no provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to change the duties
and responsibilities of the Borough and the Contractor, or any of their consultants, agents or employees
from those set forth in the Contract Documents, nor shall it be effective to assign to the Borough or any
of the Borough's Consultants, agents or employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to
the provisions of paragraphs 2.3 or 2.4.
3.5 Discrepancy in Contract Documents:
3.5.1 Before undertaking the Work, the Contractor shall carefully study and compare the Contract
Documents and check and verify pertinent figures, and dimensions shown thereon and all applicable
field measurements. Work in the area by the Contractor shall imply verification of figures, dimensions
and field measurements. If, during the above study or during the performance of the Work, the
Contractor finds a conflict, error, discrepancy or omission in the Contract Documents and any standard
specification, manual, code, or Regulatory Requirement which affects the Work, the Contractor shall
promptly report such discrepancy in writing to the Contracting Officer. The Contractor shall obtain a
written interpretation or clarification from the Contracting Officer before proceeding with any Work
affected thereby. Any adjustment made by the Contractor without this determination shall be at its
own risk and expense. However, the Contractor shall not be liable to the Borough for failure to report
any conflict, error or discrepancy in the Contract Documents unless the Contractor had actual
knowledge thereof or should reasonably have known thereof.
3.5.2 Discrepancy - Order of Precedence:
When conflicts, errors, or discrepancies within the Contract Documents exist, the order precedence
from most governing to least governing will be as follows:
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Supplementary Conditions
General Conditions
Technical Specifications
Drawings (recorded dimensions will govern over scaled dimensions, large scale details over small scale,
schedules over plans, structural drawings and mechanical and electrical drawings over architectural
drawings)
3.6 Clarifications and Interpretations (RFIs):
The Contracting Officer will issue with reasonable promptness such written clarifications or
interpretations of the requirements of the Contract Documents as the Contracting Officer may
determine necessary, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents.
A. RFIs shall originate with Contractor and be submitted simultaneously to the Contracting Officer
and the Architect. RFIs submitted by entities other than Contractor will be returned with no
response.
Contractor shall coordinate and submit RFIs in a prompt manner so as to avoid delays in
Contractor's work or work of subcontractors.
B. Each RFI is to include a detailed, legible description of item needing interpretation and the
following:
1. Project name.
2. Date.
3. Name of Contractor.
4. RFI number, numbered sequentially.
5. Specification Section number and title and related paragraphs, as appropriate.
6. Drawing number and detail references, as appropriate.
7. Requested response date if other than allowed by this Section.
8. Field dimensions and conditions, as appropriate.
9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time
or the Contract Price, Contractor shall state impact in the RFI.
10. Name of person preparing RFI for Contractor.
11. Space for Architect's response.
12. Space for name of person preparing response for subconsultation.
13. Space for person reviewing response for Architect.
14. Date of Architect's response.
15. Space for listing Architect's response attachments, if any.
16. Contractor Attachments: Include drawings, descriptions, measurements, photos,
Product Data, Shop Drawings, and other information necessary to fully describe items
needing interpretation.
17. Architect's Attachments: Architect may attach drawings, descriptions, measurements,
photos, Product data, Shop Drawings, and other information necessary to fully describe
items needing interpretation.
C. Architect's Action: Architect will review each RFI, determine action required, and return it to the
Contracting Officer. Allow seven working days for Architect's response for each RFI. RFIs
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received after 1:00 p.m. will be considered as received the following working day. Architect may
request additional information, in which case Architect's time for response will start again.
D. On receipt of Contracting Officer's action, update the RFI log and immediately distribute the RFI
response to affected parties. Review response and notify Contracting Officer within 72 hours if
Contractor disagrees with response.
1. The following RFIs will be returned without action:
a. Requests for approval of submittals.
b. Requests for approval of substitutions.
C. Requests for adjustments in the Contract Time or the Contract Price.
d. Requests for interpretation of Architect's actions on submittals.
e. Incomplete RFIs or RFIs with numerous errors.
2. Contracting Officer's action on RFIs that may result in a change to the Contract Time or
the Contract Price may be eligible for Contractor to submit a Change Order request.
If Contractor believes the RFI response warrants change in the Contract Time or the
Contract Price, notify Contracting Officer in writing within 10 days of receipt of the RFI
response.
E. RFI Log: Prepare, maintain on-site, a hard copy tabular log of RFIs organized by the RFI number.
Log shall include identification of related Contract change document and Proposal Request as
appropriate.
3.7 Ownership and Reuse of Documents:
Neither the Contractor nor any Subcontractor, or Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect contract with the Borough shall have or acquire any
title to or ownership rights in any of the Contract Documents on extensions of the Project or any other
project without written consent of the Contracting Officer.
Contract Documents prepared by the Contractor in connection with the Work shall become the property
of the Borough.
ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS
4.1 Availability of Lands:
The Borough shall furnish as indicated in the Contract Documents, the lands upon which the Work is to
be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for use of the Contractor in connection with the Work. Easements for permanent structures
or permanent changes in existing facilities will be obtained and paid for by the Borough, unless
otherwise provided in the Contract Documents. The Contractor shall provide for all additional lands and
access thereto that may be required for temporary construction facilities or storage of materials and
equipment.
4.2 Visit to Site:
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The submission of a bid by the Contractor is considered a representation that the Contractor has visited
and carefully examined the site and is satisfied as to the conditions to be encountered in performing the
Work and as to the requirements of the Contract Documents.
4.3 Explorations and Reports:
Reference is made to the Supplementary Conditions for identification of those reports of explorations
and tests of subsurface conditions at the site that have been utilized by the Borough in preparation of
the Contract Documents. The Contractor may for its purposes rely upon the accuracy of the factual data
contained in such reports, but not upon interpretations or opinions drawn from such factual data
contained therein or for the completeness or sufficiency thereof. Except as indicated in the immediately
preceding sentence and in paragraphs 4.4 and 9.9, Contractor shall have full responsibility with respect
to surface and subsurface conditions at the site.
4.4 Utilities:
4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by
the Contract Documents are approximate and are based on information and data furnished to the
Borough by the owners of such underground utilities.
4.4.2 The Contractor shall have full responsibility for:
a. Reviewing and checking all information and data concerning utilities.
b. Locating all underground utilities shown or indicated in the Contract Documents which
are affected by the Work.
C. Coordination of the Work with the owners of all utilities during construction.
d. Safety and protection of all utilities as provided in paragraph 6.17.
e. Repair of any damage to utilities resulting from the Work in accordance with 4.4.4 and
4.5.
4.4.3 If Work is to be performed by any utility owner, the Contractor shall cooperate with such
owners to facilitate the Work.
4.4.4 In the event of interruption to any utility service as a result of accidental breakage or as result of
being exposed or unsupported, the Contractor shall promptly notify the utility owner and the
Contracting Officer. If service is interrupted, repair work shall be continuous until the service is
restored. No Work shall be undertaken around fire hydrants until provisions for continued service has
been approved by the local fire authority.
4.5 Damaged Utilities:
When utilities are damaged by the Contractor, the utility owner shall have the choice of repairing the
utility or having the Contractor repair the utility. In the following circumstances, the Contractor shall
reimburse the utility owner for repair costs or provide at no cost to the utility owner or the Borough, all
materials, equipment and labor necessary to complete repair of the damage:
a. When the utility is shown or indicated in the Contract Documents.
b. When the utility has been located by the utility owner.
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C. When no locate was requested by the Contractor for utilities shown or indicated in the
Contract Documents.
d. All visible utilities.
e. When the Contractor could have, otherwise, reasonably been expected to be aware of
such utility.
4.6 Utilities Not Shown or Indicated:
If, while directly performing the Work, an underground utility is uncovered or revealed at the site which
was not shown or indicated in the Contract Documents and which the Contractor could not reasonably
have been expected to be aware of, the Contractor shall, promptly after becoming aware thereof and
before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.19)
identify the owner of such underground utility and give written notice thereof to that owner and to the
Contracting Officer. The Contracting Officer will promptly review the underground utility to determine
the extent to which the Contract Documents and the Work should be modified to reflect the impacts of
the discovered utility. The Contract Documents will be amended or supplemented in accordance with
paragraph 9.2 and to the extent necessary through the issuance of a change document by the
Contracting Officer. During such time, the Contractor shall be responsible for the safety and protection
of such underground utility as provided in paragraph 6.17. The Contractor may be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, to the extent that they are directly
attributable to the existence of any underground utility that was not shown or indicated in the Contract
Documents and which they Contractor could not reasonably have been expected to be aware of.
4.7 Survey Control:
The Borough will identify sufficient horizontal and vertical control data to enable the Contractor to
survey and layout the Work. All survey work shall be performed under the direct supervision of a
registered land surveyor who is experienced in providing land -surveying services in Alaska of the kind
indicated when required by paragraph 7.8. Copies of all survey notes will be provided the Borough on a
weekly basis with variations between the Contract Documents and actual field conditions identified.
Survey notes are to be in a format acceptable to the Borough. One Mylar copy of the final survey signed
by the surveyor and one electronic CAD copy will be submitted.
4.8 Responsibility for Damages and Repair by Contractor:
The Contractor shall be responsible for all damages to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or that may result from any act, omission, or neglect of
the Contractor, its Subcontractors, or its employees in the performance of the Work.
It is specifically understood between the parties executing the Contract that the Contract Documents do
not make anyone a third -party beneficiary, nor does the Contract authorize anyone not a party to
maintain a lawsuit for personal injuries or property damage.
All damage and injury to property that is caused by that results from the carrying out/of the Work, or
from any act, omission, or neglect of the Contractor, its Subcontractors, or its employees, shall promptly
be remedied by the Contractor either by the repairing, rebuilding, or replacing of the property damaged
or in some other manner satisfactory to the owner of such property. In case of failure on the part of the
Contractor to promptly and satisfactorily remedy such damage or injury, within a period of time as
stated in written notice by the Borough, the Borough may proceed to repair, rebuild, or replace such
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property as required and the cost thereof will be deducted from any monies due or which may become
due to the Contractor.
In applying the above provisions, the repairing, rebuilding, or replacing of damaged property shall be
understood to include the providing of any temporary facilities that may be needed to maintain normal
service until the required repairing, rebuilding or replacing is accomplished.
ARTICLE 5 - BONDS. INSURANCE. AND INDEMNIFICATION
5.1 Delivery of Bonds:
When the Contractor delivers the executed Contract to the Contracting Officer, the Contractor shall also
deliver to the Contracting Officer such bonds as the Contractor may be required to furnish in accordance
with paragraph 5.2.
5.2 Bonds:
The Contractor shall furnish Performance and Payment Bonds, each in an amount as shown on the
Contract as security for the faithful performance and payment of all Contractor's obligations under the
Contract Documents. These bonds shall remain in effect for one year after the date of Final Acceptance
and until all obligations under this Contract, except special guarantees as per 12.7, have been met. All
bonds shall be furnished on forms provided by the Borough (or copies thereof) and shall be executed by
such Sureties as are authorized to do business in the State of Alaska and whose financial rating is
acceptable to KIB. The Contracting Officer may at his option copy the Surety with notice of any potential
default or liability.
At the option of the Contractor, bonds may be provided by individual Surety the adequacy of which shall
be determined by the Contracting Officer. Any costs incurred by the Contractor or individual Surety
shall be borne by the Contractor. Where individual Sureties are used, two individual Sureties must each
provide the Borough with security equal to the amount of each bond by an Escrow account in the name
of the Borough for the duration of the Contract. Acceptable securities would include, but not
necessarily be limited to: cash; treasury notes; bearer instruments having a specific value, or money
market certificates.
5.3 Replacement of Bond and Surety:
If the Surety on any bond furnished in connection with this Contract is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or
it ceases to meet the requirements of paragraph 5.2, or otherwise becomes unacceptable to the
Borough, or if any such Surety fails to furnish reports as to its financial condition as requested by the
Borough, the Contractor shall within five days thereafter substitute another bond and Surety, both of
which must be acceptable to Borough.
An individual Surety may be replaced by a corporate Surety during the course of the Contract period. If
the Surety desires to dispose of the collateral posted, the Borough may, at its option, accept substitute
collateral.
5.4 Insurance Requirements:
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5.4.1 The Contractor shall provide evidence of insurance with an insurance carrier or carriers
satisfactory to the Borough covering injury to persons and property suffered by the Borough or by a
third party as a result of operations under this Contract by the Contractor or by any subcontractor. The
Contractor's insurance shall provide protection against injuries to all employees of the Contractor and
the employees of any subcontractor engaged in work under this Contract. All insurance policies shall be
issued by insurers that (i) are permitted to transact the business of insurance in the Borough under AS
21 and (ii) have a financial rating acceptable to the Borough. The Contractor shall notify the Borough, in
writing, at least 60 days before cancellation of any coverage or reduction in any limits of liability.
Additional insurance requirements specific to this contract are contained in the Special Provisions, when
applicable.
5.4.2 The Contractor shall maintain the following policies of insurance with the specified minimum
coverages and limits in force at all times during the performance of the Contract:
1. Workers' Compensation: As required by AS 23.30.045, for all employees of the
Contractor engaged in work under this Contract. The Contractor shall be responsible for
Workers' Compensation Insurance for any subcontractor who performs work under this
Contract. The coverage shall include:
a. Waiver of subrogation against the Borough;
b. Employer's Liability Protection at $500,000 each accident/each employee and
$500,000 policy limit;
C. United States Longshore and Harbor Workers' Act Endorsement, whenever the
work involves activity over or about navigable water; and
d. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of
$1,000,000, whenever the work involves activity from or on a vessel on
navigable water.
2. Commercial General Liability: on an occurrence policy form covering all operations with
combined single limits not less than:
a. $1,000,000 Each Occurrence;
b. $1,000,000 Personal Injury;
C. $2,000,000 General Aggregate; and
d. $2,000,000 Products -Completed Operations Aggregate.
3. Automobile Liability: covering all vehicles used in Contract work, with combined single
limits not less than $1,000,000 each occurrence.
4. Umbrella Coverage: for Contract amounts over $5,000,000 not less than $5,000,000
umbrella or excess liability. Umbrella or excess policy shall include products liability
completed operations coverage and may be subject to $5,000,000 aggregate limits.
Further, the umbrella or excess policy shall contain a clause stating that it takes effect
(drops down) in the event the primary limits are impaired or exhausted.
The Borough shall be named as an additional insured on policies required by paragraphs 2 thru 4 above.
All of the above insurance coverages shall be considered to be primary and noncontributory to any
other insurance carried by the Borough, whether through self-insurance or otherwise.
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In any contract or agreement with subcontractors performing work, the Contractor shall require that all
indemnities and waivers of subrogation it obtains, and any stipulation to be named as an additional
insured it obtains, shall also be extended to waive rights of subrogation against the Borough and to add
the Borough as an additional named indemnitee and as an additional insured.
The apparent low bidder shall furnish evidence of insurance to the Borough before award of the
Contract. The evidence shall be issued to the Borough and shall be a certificate of insurance the policy
declaration page with all required endorsements attached and must:
1. Denote the type, amount, and class of operations covered;
2. Show the effective (and retroactive) dates of the policy;
3. Show the expiration date of the policy;
4. Include all required endorsements;
5. Be executed by the carrier's representative; and
6. If a certificate of insurance, include the following statement:
"This is to certify that the policies described herein comply with all aspects of the
insurance requirements of (project Name and Number). The insurance carrier agrees
that it shall notify the Borough, in writing, at least 60 days before cancellation of any
coverage or reduction in any limits of liability."
The Borough's acceptance of deficient evidence of insurance does not constitute a waiver of Contract
requirements.
Failure to maintain the specified insurance or to provide substitute insurance if an insurance carrier
becomes insolvent, is placed in receivership, declares bankruptcy, or cancels a policy may be grounds for
withholding Contract payments until substitute insurance is obtained, and may, in the Borough's
discretion, be sufficient grounds for declaring the Contractor in default.
5.4.3 Evidence, consisting of a certificate of insurance or the policy declaration page with required
endorsements attached thereto -- all of which have been executed by the insurer's representative and
issued to the Borough, shall denote the type, amount, class of operations covered, effective (and
retroactive) dates, and dates of expiration of policies.
Evidence pertaining to Worker's Compensation, General Liability, or Automobile Liability is required for
Awards. All other coverages shall be evidenced prior to commencement of Work. Acceptance by the
Borough of deficient evidence does not constitute a waiver of Contract requirements as provided for by
the Conditions of the Contract.
If a certificate is submitted as evidence it shall contain the following statement:
"This is to certify that the policies described hereto comply with all aspects of the insurance
requirements of (Contract Name and Number and Project Number)."
5.5 Indemnification:
The Contractor shall indemnify, save harmless, and defend the Borough and its agents and its employees
from any and all claims or actions for injuries or damages sustained by any person or property arising
directly or indirectly from the construction or the Contractor's performance of this Contract; however,
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this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the
Borough's gross negligence.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision of Work:
The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and apply such skills and expertise as may be necessary to perform the Work in accordance with
the Contract Documents. All Work under this Contract shall be performed in a skillful and workmanlike
manner. The Contractor shall be solely responsible for the means, methods, techniques, sequences and
procedures of construction.
6.2 Superintendence by Contractor:
The Contractor shall keep on the Work at all times during its progress a competent resident
superintendent. The Contracting Officer shall be advised in writing of the superintendent's name, local
address, and telephone number. This written advice is to be kept current until Final Acceptance by the
Borough. The superintendent will be the Contractor's representative at the site and shall have full
authority to act and sign documents on behalf of the Contractor.
All communications given to the superintendent shall be as binding as if given to the Contractor. The
Contractor shall cooperate with the Contracting Officer in every way possible.
6.3 Character of Workers:
The Contractor shall provide a sufficient number of competent, suitably qualified personnel to survey
and lay out the Work and perform construction as required by the Contract Documents. The Contractor
shall at all times maintain good discipline and order at the site. The Contracting Officer may, in writing,
require the Contractor to remove from the Work any employee the Contracting Officer deems
incompetent, careless, or otherwise detrimental to the progress of the Work, but the Contracting Officer
shall have no duty to exercise this right.
6.4 Contractor to Furnish:
Unless otherwise specified in the General Requirements, the Contractor shall furnish and assume full
responsibility for all materials, equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and completion of the Work.
6.5 Materials and Equipment:
All materials and equipment shall be of specified quality and new, except as otherwise provided in the
Contract Documents. If required by the Contracting Officer, the Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned
in accordance with the instructions of the applicable Supplier except as otherwise provided in the
Contract Documents. But no provision of any such instructions will be effective to assign to the Borough
or any of the Borough's Consultants, agents or employees, any duty or authority to supervise or direct
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the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary
to the provisions of paragraphs 2.3 or 2.4.
6.6 Anticipated Schedules:
6.6.1 Within 10 working days following the Notice to Proceed the Contractor shall submit to the
Contracting Officer for review an anticipated progress schedule indicating the starting and completion
dates of the various stages of the Work.
6.6.2 Within 10 working days after the date of the Notice to Proceed, the Contractor shall submit to
the Contracting Officer for review anticipated schedule of Shop Drawing submissions and a Schedule of
Values.
6.6.3 The Schedule of Values for all of the Work will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work which will be confirmed in writing by the
Contractor at the time of submission.
Contractor will use the Technical Specifications table of contents as a guide to establish line items for
the Schedule of Values. Provide at least one line item for each Specification Section.
1. Identification: Include the following Project identification on the Schedule of Values:
a. Project name and location.
b. Name of Contracting Officer.
C. Project number.
d. Contractor's name and address.
e. Date of submittal.
2. Submit draft of AIA Document G703 Continuation Sheets or document containing such
information.
3. Arrange the Schedule of Values in tabular form with separate columns to indicate the
following for each item listed:
a. Related Specification Section or Division.
b. Description of the Work.
C. Change Orders (numbers) that affect value.
d. Dollar value.
1) Percentage of the Contract Price to nearest one-hundredth percent,
adjusted to total 100 percent.
4. Provide a breakdown of the Contract Price in enough detail to facilitate continued
evaluation of Applications for Payment and progress reports. Provide several line items
for principal subcontract amounts, where appropriate. Include separate line items
under required principal subcontracts for operation and maintenance manuals, punch
list activities, Project record documents, and demonstration and training in the amount
of 10 percent of the Contract Price.
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5. Round amounts to nearest whole dollar; total shall equal the Contract Price.
6. Provide a separate line item in the Schedule of Values for each part of the Work where
Applications for Payment may include materials or equipment purchased or fabricated
and stored, but not yet installed. Differentiate between items stored on-site and items
stored off-site. If specified, include evidence of insurance or bonded warehousing.
7. Provide separate line items in the Schedule of Values for initial cost of materials, for
each subsequent stage of completion, and for total installed value of that part of the
Work.
8. Allowances: Provide a separate line item in the Schedule of Values for each allowance.
Show line -item value of unit -cost allowances, as a product of the unit cost, multiplied by
measured quantity. Use information indicated in the Contract Documents to determine
quantities.
9. Each item in the Schedule of Values and Applications for Payment shall be complete.
Include total cost and proportionate share of general overhead and profit for each item.
Temporary facilities and other major cost items that are not direct cost of actual work-
in -place may be shown either as separate line items in the Schedule of Values or
distributed as general overhead expense, at Contractor's option.
10. Schedule Updating: Update and resubmit the Schedule of Values before the next
Applications for Payment when Change Orders result in a change in the Contract Price.
6.7 Finalizing Schedules:
Prior to processing the first Application for Payment, the Contracting Officer and the Contractor will
finalize schedules required by paragraph 6.6.
The finalized progress schedule will be acceptable to the Borough as providing information related to
the orderly progression of the Work to completion within the Contract Time; but such acceptance will
neither impose on the Borough nor relieve the Contractor from full responsibility for the progress or
scheduling of the Work. If accepted, the finalized schedule of Shop Drawings and other required
submissions will be acceptable to the Borough as providing a workable arrangement for processing the
submissions. If accepted, the finalized Schedule of Values will be acceptable to the Borough as an
approximation of anticipated value of Work accomplished over the anticipated Contract Time. Receipt
and acceptance of a schedule submitted by the Contractor shall not be construed to assign responsibility
for performance or contingencies to the Borough or relieve the Contractor of his responsibility to adjust
his forces, equipment, and work schedules as may be necessary to insure completion of the Work within
prescribed Contract Time. Should the prosecution of the Work be discontinued for any reason, the
Contractor shall notify the Contracting Officer at least 24 hours in advance of resuming operations.
6.8 Adjusting Schedules:
Upon substantial change to the schedule or upon request, the Contractor shall submit to the Contracting
Officer for acceptance (to the extent indicated in paragraph 6.7 and the General Requirements)
adjustments in the schedules to reflect the actual present and anticipated progress of the Work.
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6.9 Substitutes or "Or Equal" Items:
6.9.1 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a propriety item or the name of a particular Supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted
by the Contracting Officer only if sufficient information is submitted by the Contractor which clearly
demonstrates to the Contracting Officer that the material or equipment proposed is equivalent or equal
in all aspects to that named. The procedure for review by the Contracting Officer will include the
following:
6.9.2 Requests for review of substitute items of material and equipment will not be accepted by the
Contracting Officer from anyone other than the Contractor. If the Contractor wishes to furnish or use a
substitute item of material or equipment, the Contractor shall make written application to the
Contracting Officer for acceptance thereof, certifying that the proposed substitute will perform
adequately the functions and achieve the results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as the specified. The application will state
that the evaluation and acceptance of the proposed substitute will not delay the Contractor's
achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract Documents (or in the provisions of any other direct
contract with the Borough or Work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment
of any license fee or royalty. In addition the Contracting Officer will consider whether:
1. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting additional responsibilities Owner
must assume. Owner's additional responsibilities may include compensation to
Consultants for redesign and evaluation services, increased cost of other construction by
Owner, and similar considerations.
2. Requested substitution does not require extensive revisions to the Contract Documents.
3. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
4. Substitution request is fully documented and properly submitted.
5. Requested substitution will not adversely affect Contractor's Construction Schedule.
6. Requested substitution has received necessary approvals of authorities having
jurisdiction.
7. Requested substitution is compatible with other portions of the Work.
8. Requested substitution has been coordinated with other portions of the Work.
9. Requested substitution provides specified warranty.
6.9.3 The Contractor shall submit three copies of each substitution request for consideration,
identifying each product or fabrication or installation method to be replaced and including Specification
Section number and title and Contract Drawing numbers and titles. Show compliance with
requirements for substitutions and the following as applicable:
a. Statement indicating why specified material or product cannot or should not be
provided.
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b. Coordination information, including a list of changes or modifications needed to other
parts of the Work and to construction performed by Owner and separate contractors,
that will be necessary to accommodate proposed substitution.
C. Detailed comparison of significant qualities of proposed substitution with those of the
Work specified. Significant qualities may include attributes such as performance,
weight, size, durability, visual effect, and specific features and requirements indicated.
d. Product data, including drawings and descriptions of products and fabrication and
installation procedures.
e. Samples, where applicable or requested.
f. List of similar installations for completed projects with project names and addresses and
names and addresses of architects and owners.
g. Material test reports from a qualified testing agency indicating and interpreting test
results for compliance with requirements indicated.
h. Research/evaluation reports evidencing compliance with building code in effect for
Project, from a model code organization acceptable to authorities having jurisdiction.
i. Detailed comparison of Contractor's Construction Schedule using proposed substitution
with products specified for the Work, including effect on the overall Contract Time. If
specified product or method of construction cannot be provided within the Contract
Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of
availability or delays in delivery.
j. Cost information, including a proposal of change, if any, in the Contract Price.
k. Contractor's certification that proposed substitution complies with requirements in the
Contract Documents and is appropriate for applications indicated.
I. Contractor's waiver of rights to additional payment or time that may subsequently
become necessary because of failure of proposed substitution to produce indicated
results.
6.9.4 All variations of the proposed substitute from that specified will be identified in the application
and available maintenance, repair and replacement service will be indicated. The application will also
contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change,
all of which shall be considered by the Borough in evaluating the proposed substitute. The Borough may
require the Contractor to furnish at the Contractor's expense additional data about the proposed
substitute. The Contracting Officer may reject any substitution which the Contracting Officer
determines is not in the best interest of the Borough.
6.9.5 Substitute Technique and Sequence:
If a specific technique, sequence or procedure of construction is indicated in or required by the Contract
Documents, the Contractor may furnish or utilize a substitute sequence, technique or procedure of
construction acceptable to the Contracting Officer, if the Contractor submits sufficient information to
allow the Contracting Officer to determine that the substitute proposed is equivalent to that indicated
or required by the Contract Documents. The procedure for review by the Contracting Officer will be
similar to that provided in paragraph 6.9 as applied by the Contracting Officer and as may be
supplemented in the General Requirements.
6.9.6 Evaluation of Substitution:
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Contracting Officer may request additional information or documentation for evaluation within seven
days of receipt of a request for substitution. Contracting Officer will notify Contractor of acceptance or
rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional
information or documentation, whichever is later. Use product specified if Contracting Officer cannot
make a decision on use of a proposed substitution within time allocated.
The Contracting Officer will be the sole judge of acceptability, and no substitute will be ordered,
installed or utilized without the Contracting Officer's prior written acceptance which will be evidenced
by either a Change Order or a Shop Drawing approved in accordance with paragraphs 6.20 and 6.21.
The Contracting Officer may require the Contractor to furnish at the Contractor's expense a special
performance guarantee or other Surety with respect to any substitute.
6.10 Reserved.
6.11 Reserved.
6.12 Dividing the Work:
The divisions and section of the Specifications and the identifications of any Drawings shall not control
the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.13 Subcontractors:
The Contractor may utilize the service of licensed specialty Subcontractors on those parts of the Work
which, under normal contracting practices, are performed by licensed specialty Subcontractors, in
accordance with the following conditions:
6.13.1 The Contractor shall not award any Work to any Subcontractor without prior written approval of
the Contracting Officer. This approval will not be given until the Contractor submits to the Contracting
Officer a written statement concerning the proposed award to the Subcontractor which shall contain
required Equal Employment Opportunity documents, evidence of insurance whose limits are acceptable
to the Contractor, and an executed copy of the subcontract. All subcontracts submitted for approval
must contain provisions for payment for Work done by the Subcontractor within seven days of receipt of
payment by the Contractor. No acceptance by the Contracting Officer of any such Subcontractor shall
constitute a waiver of any right of the Borough to reject Defective Work.
6.13.2 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate
written agreement between Contractor and the Subcontractor which specifically binds the
Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the
Borough and contains waiver provisions as required by paragraph 13.17 and termination provisions as
required by Article 14.
6.13.4 Nothing in the Contract Documents shall create any contractual relationship between the
Borough and any such Subcontractor, Supplier or other person or organization, nor shall it create any
obligation on the part of the Borough to pay or to see to the payment of any moneys due any such
Subcontractor, Supplier or other person or organization except as may otherwise be required by
Regulatory Requirements. The Borough will not undertake to settle any differences between or among
the Contractor, Subcontractors, or Suppliers.
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6.13.5 The Contractor and Subcontractors shall coordinate their work and cooperate with other trades
so to facilitate general progress of Work. Each trade shall afford other trades every reasonable
opportunity for installation of their work and storage of materials. If cooperative work of one trade
must be altered due to lack of proper supervision or failure to make proper provisions in time by
another trade, such conditions shall be remedied by the Contractor with no change in Contract Price or
Contract Time.
6.13.6 The Contractor shall include on his own payrolls any person or persons working on this Contract
who are not covered by written subcontract, and shall ensure that all Subcontractors include on their
payrolls all person performing work under the direction of the Subcontractor.
6.14 Use of Premises:
The Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the Project limits and approved remote storage sites and lands and areas
identified in and permitted by the Contract Drawings, Regulatory Requirements, rights-of-way, permits
and easements, and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. The Contractor shall not disturb portions of the Project site beyond areas
in which the Work is indicated. The Contractor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any land areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against the Borough by any such owner
or occupant because of the performance of the Work, the Contractor shall hold the Borough harmless.
6.15 Structural Loading:
The Contractor shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
6.16 Record Documents:
The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications,
Addenda, Directives, Change Orders, Supplemental Agreements, and written interpretations and
clarifications (issued pursuant to paragraph 3.6) in good order and annotated to show all changes made
during construction. These record documents together with all approved samples and a counterpart of
all approved Shop Drawings will be available to the Contracting Officer for reference and copying. Upon
completion of the Work, the annotated record documents, samples and Shop Drawings shall be
delivered to the Contracting Officer. Record documents shall accurately record variations in the Work
which vary from requirements shown or indicated in the Contract Documents.
6.17 Safety and Protection:
The Contractor alone shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or
loss to:
6.17.1 All employees on the Work and other persons and organizations who maybe affected thereby;
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6.17.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or
of the site;
6.17.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, and utilities not designated for removal, relocation or replacement in the course
of construction.
The Contractor shall comply with all applicable Regulatory Requirements of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and
shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall
notify owners of adjacent property and utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the
Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly
employed by any of them to perform or furnish any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, shall be remedied by the Contractor with no change in
Contract Price or Contract Time except as stated in paragraph 4.6, except damage or loss attributable to
unforeseeable causes beyond the control of and without the fault or negligence of the Contractor,
including but not restricted to acts of God, of the public enemy or governmental authorities. The
Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
Final Acceptance (except as otherwise expressly provided in connection with Substantial Completion).
6.18 Safety Representative:
The Contractor shall designate a responsible safety representative at the site. This person shall be the
Contractor's superintendent unless otherwise designated in writing by the Contractor to the Contracting
Officer. The Contractor shall hold weekly safety meetings and shall provide reports and minutes of each
meeting to the Contracting Officer prior to the next meeting.
6.19 Emergencies:
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, the Contractor, without special instruction or authorization from the Borough, is
obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Contracting
Officer prompt written notice if the Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If the Borough determines that a
change in the Contract Documents is required because of the action taken in response to an emergency,
a change will be authorized by one of the methods indicated in paragraph 9.2, as determined
appropriate by the Contracting Officer.
6.20 Shop Drawings and Samples:
After checking and verifying all field measurements and after complying with applicable procedures
specified in the General Requirements, the Contractor shall submit to the Contracting Officer for review
and approval in accordance with the accepted schedule of Shop Drawing submissions the required
number of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor
has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of
the submission. All submissions will be identified as the Contracting Officer may require. The data
shown on the Shop Drawings will be identified as the Contracting Officer may require. The data shown
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on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance
and design criteria, materials and similar data to enable the Contracting Officer to review the
information as required.
6.20.2 The Contractor shall also submit to the Contracting Officer for review and approval with such
promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples
will have been checked by and accompanied by a specific written indication that the Contractor has
satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the
submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers
and the use for which intended.
6.20.3 Before submission of each Shop Drawing or sample the Contractor shall have determined and
verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar with respect thereto and reviewed or coordinated each Shop Drawing or
samples with other Shop Drawings and samples and with the requirements of the Work and the
Contract Documents.
6.20.4 At the time of each submission the Contractor shall give the Contracting Officer specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the
Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing
submitted to the Contracting Officer for review and approval of each such variation. All variations of the
proposed shop drawing from that specified will be identified in the submission and available
maintenance, repair and replacement service will be indicated. The submittal will also contain an
itemized estimate of all costs that will result directly or indirectly from acceptance of such variation,
including costs of redesign and claims of other Contractors affected by the resulting change, all of which
shall be considered by the Borough in evaluating the proposed variation. If the variation may result in a
change of Contract Time or Price, or Contract responsibility, and is not minor in nature; the Contractor
must submit a written request for Change Order with the variation to notify the Borough of its intent.
The Borough may require the Contractor to furnish at the Contractor's expense additional data about
the proposed variation. The Contracting Officer may reject any variation request which the Contracting
Officer determines is not in the best interest of the Borough.
6.21 Shop Drawing and Sample Review:
6.21.1 The Contracting Officer will review with reasonable promptness Shop Drawings and samples,
but the Contracting Officer's review will be only for conformance with the design concept of the Project
and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review of a separate item as
such will not indicate acceptance of the assembly in which the item functions. The Contractor shall
make corrections required by the Contracting Officer and shall return the required number of corrected
copies of Shop Drawings and submit as required new samples for review. The Contractor shall direct
specific attention in writing to revisions other than the corrections called for by the Contracting Officer
on previous submittals.
6.21.2 The Contracting Officer's review of Shop Drawings or samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless the Contractor
has in writing advised the Contracting Officer of each such variation at the time of submission as
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required by paragraph 6.20.4. The Contracting Officer if he so determines, may give written approval of
each such variation by Change Order, except that, if the variation is minor and no Change Order has
been requested, a specific written notation thereof incorporated in or accompanying the Shop Drawing
or sample review comments shall suffice as a modification. No approval by the Contracting Officer will
relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or from
responsibility for having complied with the provisions of paragraph 6.20.3.
6.21.3 Where a Shop Drawing or sample is required by the Specifications, any related Work performed
prior to the Contracting Officer's review of the pertinent submission will be the sole expense and
responsibility of the Contractor.
6.22 Maintenance During Construction:
The Contractor shall maintain the Work during construction and until Substantial Completion, at which
time the responsibility for maintenance shall be established in accordance with paragraph 13.10.
6.23 Continuing the Work:
The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the Borough. No Work shall be delayed or postponed pending resolution of any
disputes, disagreements, or claims except as the Contractor and the Contracting Officer may otherwise
agree in writing.
6.24 Consent to Assignment:
The Contractor shall obtain the prior written consent of the Contracting Officer to any proposed
assignment of any interest in, or part of this Contract. The consent to any assignment or transfer shall
not operate to relieve the Contractor or his Sureties of any of his or its obligations under this Contract or
the Performance Bonds. Nothing herein contained shall be construed to hinder, prevent, or affect an
assignment of monies due, or to become due hereunder, made for the benefit of the Contractor's
creditors pursuant to law.
6.25 Use of Explosives:
6.25.1 When the use of explosives is necessary for the prosecution of the Work, the Contractor shall
exercise the utmost care not to endanger life or property, including new Work and shall follow all
Regulatory Requirements applicable to the use of explosives. The Contractor shall be responsible for all
damage resulting from the use of explosives.
6.25.2 All explosives shall be stored in a secure manner in compliance with all Regulatory Requirements,
and all such storage places shall be clearly marked. Where no Regulatory Requirements apply, safe
storage shall be provided no closer than 1,000 feet from any building, camping area, or place of human
occupancy.
6.25.3 The Contractor shall notify each public utility owner having structures in proximity to the site of
his intention to use explosives. Such notice shall be given sufficiently in advance to enable utility owners
to take such steps as they may deem necessary to protect their property from injury. However, the
Contractor shall be responsible for all damage resulting from the use of the explosives, whether or not
utility owners act to protect their property.
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6.26 Contractor's Records:
6.26.1 Records of the Contractor and Subcontractors relating to personnel, payrolls, invoices of
materials, and any and all other data relevant to the performance of this Contract must be kept on a
generally recognized accounting system. Such records must be available during normal work hours to
the Contracting Officer for purposes of investigation to ascertain compliance with Regulatory
Requirements and provisions of the Contract Documents.
6.26.2 Payroll records must contain the name and address of each employee, his correct classification,
rate of pay, daily and weekly number of hours of work, deductions made, and actual wages paid. The
Contractor and Subcontractor shall make employment records available for inspection by the
Contracting Officer and representatives of the U.S. and/or Alaska Department of Labor and Workforce
Development and will permit such representatives to interview employees during working hours on the
Project.
6.26.3 Records of all communications between the Borough and the Contractor and other parties,
where such communications affected performance of this Contract, must be kept by the Contractor and
maintained for a period of three years from Final Acceptance. The Borough or its assigned
representative may perform an audit of these records during normal work hours after written notice to
the Contractor.
ARTICLE 7 - LAWS AND REGULATIONS
7.1 Laws to be Observed:
The Contractor shall keep fully informed of all Federal and State Regulatory Requirements and all orders
and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner after those
engaged or employed on the Work, or which in any way affect the conduct of the Work. The Contractor
shall at all times observe and comply with all such Regulatory Requirements, orders and decrees and
shall protect and indemnify the Borough and its representatives against claim or liability arising from or
based on the violation of any such Regulatory Requirement, order, or decree whether by the Contractor,
Subcontractor, or any employee of either. Except where otherwise expressly required by applicable
Regulatory Requirements, the Borough shall not be responsible for monitoring Contractor's compliance
with any Regulatory Requirements.
7.2 Permits, Licenses and Taxes:
7.2.1 The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all
notices necessary and incidental to the due and lawful prosecution of the Work. As a condition of
performance of this Contract, the Contractor shall pay all Federal, State and local taxes incurred by the
Contractor, in the performance of this Contract. Proof of payment of these taxes is a condition
precedent to final payment by the Borough under this Contract.
7.2.2 The Contractor's certification that taxes have been paid (as contained in the Release of Contract)
will be verified with the Alaska Department of Revenue and Department of Labor and Workforce
Development, prior to final payment.
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7.2.3 If any Federal, State or local tax is imposed, charged, or repealed after the date of bid opening
and is made applicable to and paid by the Contractor on the articles or supplies herein contracted for,
then the Contract shall be increased or decreased accordingly by a Change Order.
7.3 Patented Devices, Materials and Processes:
If the Contractor employs any design, device, material, or process covered by letters of patent,
trademark or copyright, the Contractor shall provide for such use by suitable legal agreement with the
patentee or owner. The Contractor and the Surety shall indemnify and save harmless the Borough, any
affected third party, or political subdivision from any and all claims for infringement by reason of the use
of any such patented design, device material or process, or any trademark or copyright, and shall
indemnify the Borough for any costs, expenses, and damages which it may be obligated to pay by reason
of any infringement, at any time during the prosecution or after the completion of the Work.
7.4 Compliance of Specifications and Drawings:
If the Contractor observes that the Specifications and Drawings supplied by the Borough are at variance
with any Regulatory Requirements, Contractor shall give the Contracting Officer prompt written notice
thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 9.2
as determined appropriate by the Contracting Officer. If the Contractor performs any Work knowing or
having reason to know that it is contrary to such Regulatory Requirements, and without such notice to
the Contracting Officer, the Contractor shall bear all costs arising therefrom; however, it shall not be the
Contractor's primary responsibility to make certain that the Specifications and Drawings supplied by the
Borough are in accordance with such Regulatory Requirements.
7.5 Accident Prevention:
The Contractor shall comply with AS 18.60.75 and all pertinent provisions of the Construction Code
Occupational Safety and Health Standards issued by the Alaska Department of Labor and Workforce
Development.
7.6 Sanitary Provisions:
The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the
use of its employees and Borough representatives as may be necessary to comply with the requirements
of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction.
7.7 Business Registration:
The Contractor shall comply with all applicable provisions of AS 18.18.011. It is unlawful for a person to
submit a bid or work as a contractor until he has been issued a certificate of registration by the
Department of Commerce, Community and Economic Development. A partnership or joint venture shall
be considered registered if one of the general partners or venturers whose name appears in the name
under which the partnership or venture does business is registered.
7.8 Professional Registration and Certification:
All craft trades, architects, engineers and land surveyors, electrical administrators, and explosive
handlers employed under the Contract shall specifically comply with applicable provisions of AS 08.18,
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08.48, 08.40 and 08.52. Provide copies of individual licenses within seven days following a request from
the Contracting Officer.
7.9 Local Building Codes:
The Contractor shall comply with AS 35.10.025 which requires construction in accordance with
applicable local building codes including the obtaining of required permits.
7.10 Environmental Quality Control:
The Contractor shall comply with all applicable provisions of federal environmental laws, AS Title 46 and
regulations adopted thereunder, as they pertain to Water, Air, Energy and Environmental Conservation.
7.11 Archaeological or Paleontological Discoveries:
When the Contractor's operation encounters prehistoric artifact, burials, remains of dwelling sites, or
paleontological remains, such as shell heaps, land or seal mammal bones or tusks, the Contractor shall
cease operations immediately and notify the Contracting Officer. No artifacts or specimens shall be
further disturbed or removed from the ground and no further operations shall be performed at the site
until so directed. Should the Contracting Officer order suspension of the Contractor's operations in
order to protect an archaeological or historical finding, or order the Contractor to perform extra Work,
such shall be covered by an appropriate Contract change document.
7.12 Alaska Agricultural Products:
Pursuant to AS 36.15, forestry and agricultural products harvested in Alaska shall be used in State
funded projects when competitively priced, available and of like quality compared with agricultural
projects harvested outside the State.
7.13 Preferential Employment:
The Contractor shall comply with all applicable and valid laws and regulations regarding the hiring of
Alaska residents now in effect or that might subsequently take effect during the term of this Contract.
In order to ensure that Contractor's subcontractors will comply with all applicable laws and regulations
regarding the hiring of Alaska residents now in effect or that might subsequently take effect, the
Contractor shall include in its contracts with subcontractors under this Contract language that is
substantially the same as the first sentence of this provision.
7.14 Wages and Hours of Labor:
7.14.1 One certified copy of all payrolls shall be submitted bi-weekly to the Alaska Department of Labor
and Workforce Development and to KIB to assure compliance with AS 36.05.040, Filing Schedule of
Employees Wages Paid and Other Information. The Contractor shall be responsible for the submission
of certified copies of payrolls of all Subcontractors. The certification shall affirm that the payrolls are
current and complete, that the wage rates contained therein are not less than the applicable rate
referenced in these Contract Documents, and that the classification set forth for each laborer or
mechanic conforms with the Work he performed. The Contractor and its Subcontractors shall attend all
hearings and conferences and produce such books, papers and documents all as requested by the
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Department of Labor and Workforce Development. Should Federal funds be involved, the appropriate
Federal Agency shall also receive a copy of the Contractor's certified payrolls.
7.14.2 The following Labor provisions shall also apply to this Contract:
a. The Contractor and its Subcontractors shall pay all employees unconditionally in a timely
manner;
b. wages may not be less than those stated in the advertised Specifications, regardless of
the contractual relationship between the Contractor or Subcontractors and laborers,
mechanics, or field surveyors;
C. the scale of wages to be paid shall be posted by the Contractor in a prominent and
easily accessible place at the site of the Work;
d. the Borough shall withhold so much of the accrued payments as is necessary to pay to
laborers, mechanics, or field surveyors employed by the Contractor or Subcontractors
the difference between
1. the rate of wages required by the Contract to be paid laborers, mechanics, or
field surveyors on the Work, and
2. the rates of wages in fact received by laborers, mechanics orfield-surveyors.
7.15 Overtime Work Hours and Compensation:
Pursuant to AS 23.10.060, the Contractor shall not require nor permit any laborer or mechanic
employed on any Work under this Contract to work in excess of eight hours in any Calendar Day or in
excess of forty hours in any workweek on Work subject to the provisions of the Contract Work Hours
and Safety Standards Act unless such laborer or mechanic receives compensation at a rate not less than
one and one half times the basic rate of pay for all such hours worked in excess of eight hours in any
Calendar Day or in excess of forty hours in such workweek, whichever is the greater number of overtime
hours. In the event of any violation of this provision, the Contractor shall be liable to any affected
employee for any amounts due and penalties and to the Borough for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic employed in
violation of this provision in the sum of $10.00 for each Calendar Day on which such employee was
required or permitted to be employed on such Work in excess of eight hours or in excess of the standard
workweek of forty hours without payment of the overtime wages required by this paragraph.
7.16 Covenant Against Contingent Fees:
The Contractor warrants that no person or selling agent has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by the Contractor for the purpose of securing business. For breach or violation of this
warrant, the Borough shall have the right to annul this Contract without liability or, in its discretion, to
deduct price of consideration from the Contract or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
7.17 Officials Not To Benefit:
No member of or delegate to the U.S. Congress, the State Legislature, the Borough Assembly or other
elected official shall be admitted to any share or part of this Contract, nor to any benefit that may arise
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therefrom. However, this provision shall not be construed to extend to this Contract if made with a
corporation or limited liability company for its general benefit.
7.18 Personal Liability of Public Officials:
In carrying out any of the provisions thereof, or in exercising any power or authority granted to the
Contracting Officer by the Contract, there will be no liability upon the Contracting Officer nor upon
Borough employees authorized as the Contracting Officer's representatives, either personally or as
officials of the Borough, it being always understood that in such matters they act as agents and
representatives of the Borough.
ARTICLE 8 - OTHER WORK
8.1 Related Work At Site:
8.1.1 The Borough reserves the right at any time to contract for and perform other additional work on
or near the Work covered by this Contract.
8.1.2 When separate contracts are let within the limits of the Project, the Contractor shall conduct its
Work so as not to interfere with or hinder the work being performed by other contractors. The
Contractor when working on the same Project with other contractors shall cooperate with such other
contractors. The Contractor shall join its work with that of the others in an acceptable manner and shall
perform it in proper sequence to that of others.
8.1.3 If the fact that other such work is to be performed is identified or shown in the Contract
Documents the Contractor shall assume all liability, financial or otherwise, in connection with this
Contract and indemnify and save harmless the Borough from any and all damages or claims that may
arise because of inconvenience, delay, or loss experienced by the Contractor because of the presence
and operations of other contractors.
8.1.4 If the fact that such other work is to be performed was not identified or shown in the Contract
Documents, written notice thereof will be given to the Contractor prior to starting any such other work.
If the Contractor believes that such performance will require a change in Contract Price or Contract
Time, the Contractor shall notify the Contracting Officer of such required increase within 15 calendar
days following receipt of the Contracting Officer's notice. Should the Contracting Officer find such
increase(s) to be justified, a Change Order will be executed.
8.2 Access, Cutting, and Patching:
The Contractor shall afford each utility owner and any other contractor who is a party to such a direct
contract with the Borough (or the Borough, if the Borough is performing the additional work with the
Borough's employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work, and shall properly
connect and coordinate the Work with the work of others. The Contractor shall do all cutting, fitting
and patching of the Work that may be required to make its several parts come together properly and
integrate with such other work, the Contractor shall not endanger any work of others by cutting,
excavating or otherwise altering their work and will only cut or alter such other work with the written
consent of the Contracting Officer. Contractor will submit a Cutting and Patching proposal describing
procedures at least 10 days before the time Cutting and Patching will be performed, requesting the
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approval to proceed. Where Cutting and Patching involve adding reinforcement to structural elements,
submit details and engineering calculations showing integration of reinforcement with original structure.
Approval does not waive right to later require removal and replacement of unsatisfactory work. The
Contractor will not Cut and Patch in a manner that could change load -carrying capacity or load -
deflection ratio, or that results in reducing the capacity of operating elements and related components
to perform as intended or that results in increased maintenance or decreased operational life or safety.
Do not cut and patch construction in a manner that results in visual evidence of cutting and patching.
Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that
would, in Owner's opinion, reduce the building's aesthetic qualities. Remove and replace construction
that has been cut and patched in a visually unsatisfactory manner. Remove, replace, patch, and repair
materials and surfaces cut or damaged during cutting and patching operations, by methods and with
materials so as not to void existing warranties. Use materials identical to in-place materials. For
exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent
possible. If identical materials are unavailable or cannot be used, use materials that, when installed, will
match the visual and functional performance of in-place materials. Clean areas and spaces where
Cutting and Patching are performed. Completely remove paint, mortar, oils, putty, and similar
materials. The duties and responsibilities of the Contractor under this paragraph are for the benefit of
other contractors to the extent that there are comparable provisions for the benefit of the Contractor in
said direct contracts between the Borough and other contractors.
8.3 Defective Work By Others:
If any part of the Contractor's Work depends for proper execution or results upon the work of any such
other contractor, utility owner, or the Borough, the Contractor shall inspect and promptly report to the
Contracting Officer in writing any delays, defects or deficiencies in such work that render it unavailable
or unsuitable for such proper execution and results. The Contractor's failure to so report will constitute
an acceptance of the other work as fit and proper for integration with Contractor's Work except for
latent or non -apparent defects and deficiencies in the other work.
8.4 Coordination:
If the Borough contracts with others for the performance of other work at the site, the Contracting
Officer will have authority and responsibility for coordination of the activities among the various prime
contractors.
ARTICLE 9 - CHANGES
9.1 Borough's Right to Change:
Without invalidating the Contract and without notice to any Surety, the Borough may, at any time or
from time to time, order additions, deletions or revisions in the Work within the general scope of the
Contract, including but not limited to changes:
9.1.1 In the Contract Documents;
9.1.2 In the method or manner of performance of the Work;
9.1.3 In Borough -furnished facilities, equipment, materials, services, or site;
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9.1.4 Directing acceleration in the performance of the Work.
9.2 Authorization of Changes within the General Scope:
Additions, deletions, or revisions in the Work within the general scope of the Contract as specified in
paragraph 9.1 shall be authorized by one or more of the following ways:
9.2.1 Directive (pursuant to paragraph 9.3).
9.2.2 A Change Order (pursuant to paragraph 9.4).
9.2.3 Borough's acceptance of Shop Drawing variations from the Contract Documents as specifically
identified by the Contractor as required by paragraph 6.20.4.
9.3 Directive:
9.3.1 The Contracting Officer shall provide written clarification or interpretation of the Contract
Documents (pursuant to paragraph 3.6).
9.3.2 The Contracting Officer may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time
and are consistent with the overall intent of the Contract Documents.
9.3.3 The Contracting Officer may order the Contractor to correct Defective Work or methods which
are not in conformance with the Contract Documents.
9.3.4 The Contracting Officer may direct the commencement or suspension of Work or emergency
related Work (as provided in paragraph 6.19).
9.3.5 Upon the issuance of a Directive to the Contractor by the Contracting Officer, the Contractor
shall proceed with the performance of the Work as prescribed by such Directive.
9.3.6 If the Contractor believes that the changes noted in a Directive may cause an increase in the
Contract Price or an extension of Contract Time, the Contractor shall immediately provide written notice
to the Contracting Officer depicting such increases before proceeding with the Directive, except in the
case of an emergency. If the Contracting Officer finds the increase in Contract Price or the extension of
Contract Time justified, a Change Order will be issued. If, however, the Contracting Officer does not find
that a Change Order is justified, the Contracting Officer may direct the Contractor to proceed with the
Work. The Contractor shall cooperate with the Contracting Officer in keeping complete daily records of
the cost of such Work. If a Change Order is ultimately determined to be justified, in the absence of
agreed prices and unit prices, payment for such Work will be made on a cost of the work basis as
provided in paragraph 10.4.
9.4 Change Order:
A change in Contract Time, Contract Price, or responsibility may be made for changes within the scope
of the Work only by Change Order. Upon receipt of an executed Change Order, the Contractor shall
promptly proceed with the work involved which will be performed under the applicable conditions of
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the Contract Documents except as otherwise specifically provided. Changes in Contract Price and
Contract Time shall be made in accordance with Article 10 and 11.
9.5 Shop Drawing Variations:
Shop drawing variations shall only be eligible for consideration under 9.4 when the conditions affecting
the price, time, or responsibility are identified by the Contractor in writing and a request for a Change
Order is submitted as per paragraph 6.20.4.
9.6 Changes Outside the General Scope; Supplemental Agreement:
Any change which is outside the general scope of the Contract, as determined by the Contracting
Officer, must be authorized by a Supplemental Agreement signed by the appropriate representatives of
the Borough and the Contractor. Prior approval by the Borough Manager or the Borough Assembly may
be required.
9.7 Unauthorized Work:
The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as amended,
modified and supplemented as provided in this Article 9, except in the case of an emergency as provided
in paragraph 6.19 and except in the case of uncovering Work as provided in paragraph 12.4.2.
9.8 Notification of Surety:
If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions
of any Bond to be given to a Surety, the giving of any such notice will be the Contractor's responsibility,
and the amount of each applicable Bond will be adjusted accordingly.
9.9 Differing Site Conditions:
9.9.1 The Contractor shall promptly, and before such conditions are disturbed (except in an
emergency as permitted by paragraph 6.19), notify the Contracting Officer in writing of (1) subsurface or
latent physical conditions at the site differing materially from those indicated in the Contract, and which
could not have been discovered by a careful examination of the site, or (2) unknown physical conditions
at the site, of an unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract. The Contracting Officer
shall promptly investigate the conditions, and if the Contracting Officer finds that such conditions do
materially so differ and cause an increase or decrease in the Contractor's cost of or time required for,
performance of this Contract, an equitable adjustment shall be made and the Contract modified in
writing accordingly.
9.9.2 Any claim for additional compensation by the Contractor under this clause shall be made in
accordance with Article 15 and shall not be allowed unless the Contractor has first given the notice
required by this Contract. In the event that the Contracting Officer and the Contractor are unable to
reach an agreement concerning an alleged differing site condition, the Contractor will be required to
keep an accurate and detailed record which will indicate the actual cost of the work done under the
alleged differing site condition. Failure to keep such a record shall be a bar to any recovery by reason of
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such alleged differing site conditions. The Contracting Officer shall be given the opportunity to
supervise and check the keeping of such records.
ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE
10.1 Contract Price:
The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to
the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by the Contractor shall be at its expense without change in the Contract Price. The Contract
Price may only be changed by a Change Order or Supplemental Agreement.
10.2 Claim For Price Change:
Any claim for an increase or decrease in the Contract Price shall be submitted in accordance with the
terms of Article 15, and shall not be allowed unless notice requirements of this Contract have been met.
10.3 Change Order Price Determination:
The value of any Work covered by a Change Order for an increase or decrease in the Contract Price shall
be determined in one of the following ways:
10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs
10.9.1 through 10.9.3, inclusive).
10.3.2 By mutual acceptance of a lump sum price which includes overhead and profit.
10.3.3 When 10.3.1 and 10.3.2 are inapplicable, on the basis of the "cost of the work" (determined as
provided in paragraphs 10.4 and 10.5) plus a Contractor's fee for overhead and profit (determined as
provided in paragraph 10.6).
10.3.4 Before a Change Order or Supplemental Agreement is approved, the Contractor shall submit
pricing data regarding the changed or extra work. The Contractor shall certify that the data submitted
is, to its best knowledge and belief accurate, complete and current as of a mutually determined
specified data and that such data will continue to be accurate and complete during the performance of
the changed or extra work.
10.4 "Cost of the Work":
The term "cost of the work" means the sum of all costs necessarily incurred and paid by the Contractor
in the proper performance of the Work. Except as otherwise may be agreed to in writing by the
Borough, such costs shall be in amount no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 10.5:
10.4.1 Payroll costs for employees in the direct employ of the Contractor in the performance of the
Work under schedules of job classifications agreed upon by the Borough and the Contractor. Payroll
costs for employees not employed full time on the Work shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of
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fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The
expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall
be included in the above to the extent authorized by the Borough.
10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof and Suppliers' field services required in connection therewith. All
cash discounts shall accrue to the Contractor unless the Borough deposits funds with the Contractor
with which to make payments, in which case the cash discounts shall accrue to the Borough. All trade
discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue
to the Borough, and the Contractor shall make provisions so that they may be obtained.
10.4.3 Payments made by the Contractor to Subcontractors for Work performed by Subcontractors or
Suppliers acceptable to the Contractor. Contractor shall deliver such quotes to the Borough who will
then determine which quotes will be accepted. If a subcontract provides that the Subcontractor is to be
paid on the basis of "cost of the work" plus a fee, the Subcontractor's "cost of the work" shall be
determined in the same manner as the Contractor's "cost of work" as described in paragraphs 10.4 and
10.5; and the Subcontractor's fee shall be established as provided for under subparagraph 10.6.2 clause
b. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as
applicable.
10.4.4 Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, and surveyors) employed for services necessary for the completion of the Work.
10.4.5 Supplemental costs including the following:
a. The proportion of necessary transportation, travel and subsistence expenses of the
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost
less market value of such items used but not consumed which remain the property of
the Contractor.
C. Rentals of all construction equipment and machinery and the parts thereof whether
rented from the Contractor or others in accordance with rental agreements approved by
the Borough and the costs of transportation, loading, unloading, installation,
dismantling and removal thereof - all in accordance with terms of said rental
agreements. The rental of any such equipment, machinery or parts shall cease when
the use thereof is no longer necessary for the Work.
d. Sales, consumer, use or similar taxes related to the Work, and for which the Contractor
is liable, imposed by Regulatory Requirements.
e. Deposits lost for causes other than negligence of the Contractor, and Subcontractor or
anyone directly or indirectly employed by any of them or for whose acts any of them
may be liable, and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained by the Contractor in connection with the
performance and furnishing of the Work provided they have resulted from causes other
than the negligence of the Contractor, any Subcontractor, or anyone directly or
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indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of the
Borough. No such losses, damages and expenses shall be included in the "cost of the
work" for the purpose of determining the Contractor's fee. If, however, any such loss or
damage requires reconstruction and the Contractor is placed in charge thereof, the
Contractor shall be paid for services a fee proportionate to that stated in paragraphs
10.6.2.a and 10.6.2.b.
g. The cost of utilities, fuel and sanitary facilities at the site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in connection with the Work.
i. Cost of premiums for Payment and Performance Bonds and insurance, each as
described in Article 5, and additional bonds and insurance required because of changes
in the Work and premiums for property insurance coverage within the limits of the
deductible amounts established by the Borough in accordance with Article 5.
10.5 Excluded Costs:
The term "cost of the work" shall not include any of the following:
10.5.1 Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agency, expediters, timekeepers, clerks and other
personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for
general administration of the Work and not specifically included in the agreed upon schedule of job
classifications referred to in paragraph 10.4.1 or specifically covered by paragraph 10.4.4 - all of which
are to be considered administrative costs covered by the Contractor's fee.
10.5.2 Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
10.5.3 Any part of Contractor's capital expenses including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent payments.
10.5.4 Cost of premiums for all bonds and for all insurance whether or not Contractor is required by
the Contract Documents to purchase and maintain the same (except for the cost of premiums covered
by subparagraph 10.4.5.i above.
10.5.5 Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited to, the
correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
10.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 10.4.
10.6 Contractor's Fee:
The Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows:
10.6.1 A mutually acceptable fixed fee; or:
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10.6.2 A fee based on the following percentages of the various portions of the "cost of the work:"
a. For costs incurred under paragraphs 10.4.1 and 10.4.2, the Contractor's fee shall not
exceed fifteen percent;
b. For costs incurred under paragraph 10.4.3, the Contractor's fee shall not exceed eight
percent; and if a subcontract is on the basis of "cost of the work" plus a fee, the
maximum allowable to Contractor on account of overhead and profit of all
Subcontractors and multiple tiers thereof shall not exceed eight percent;
C. No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4, 10.4.5
and 10.5,-
d.
0.5;d. The amount of credit to be allowed by the Contractor to the Borough for any such
change which results in a net decrease in cost will be the amount of the actual net
decrease plus a deduction in Contractor's fee by an amount equal to ten percent of the
net decrease; and
e. When both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
paragraphs 10.6.2.a through 10.6.2.d, inclusive.
10.7 Cost Breakdown:
Whenever the cost of any Work is to be determined pursuant to paragraphs 10.4 and 10.5, the
Contractor will submit in form acceptable to the Borough an itemized cost breakdown together with
supporting data.
10.8 Cash Allowances:
It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to the Contracting
Officer. Contractor agrees that:
10.8.1 The allowances include the cost to Contractor (less any applicable trade discounts) of materials
and equipment required by the allowances to be delivered at the site, and all applicable taxes; and
10.8.2 Contractor's cost for unloading and handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the allowances have been included in the Contract Price
and not in the allowances. No demand for additional payment on account of any thereof will be valid.
10.9 Unit Price Work:
10.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum
of the established unit prices for each separately identified item of Unit Price Work times the estimated
quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of comparison of bids and determining an initial
Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed
by the Contractor will be made by the Borough in accordance with paragraph 10.10.
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10.9.2 Each unit price will be deemed to include an amount considered by the Contractor to be
adequate to cover the Contractor's overhead and profit for each separately identified item. If the "Basis
of Payment" clauses in the Contract Documents relating to any unit price in the bid schedule requires
that the said unit price cover and be considered compensation for certain work or material essential to
the item, this same work or material will not also be measured or paid for under any other pay item
which may appear elsewhere in the Contract Documents.
10.9.3 Payment to the Contractor shall be made only for the actual quantities of Work performed and
accepted or materials furnished, in conformance with the Contract Documents. When the Contractor
approaches 90 percent of the estimated quantity of a unit price item, Contractor shall notify the
Contracting Officer. Such notification is required prior to any request for an increase in the estimated
quantities of Work or materials stated in the bid schedule, or change documents.
10.10 Determinations for Unit Prices:
The Contracting Officer will determine the actual quantities and classifications of Unit Price Work
performed by the Contractor. The Contracting Officer will review with the Contractor preliminary
determinations on such matters before finalizing the costs and quantities on the Schedule of Values.
The Contracting Officer's acknowledgment thereof will be final and binding on the Contractor, unless,
within 10 days after the date of any such decisions, the Contractor delivers to the Contracting Officer
written notice of intention to appeal from such a decision.
ARTICLE 11- CONTRACT TIME: COMPUTATION AND CHANGE
11.1 Commencement of Contract Time:
The Contract Time will commence to run on the day indicated in the Notice to Proceed.
11.2 Starting the Work:
No Work on Contract items shall be performed before the effective date of the Notice to Proceed. The
Contractor shall notify the Contracting Officer at least 24 hours in advance of the time actual
construction operations will begin. The Contractor may request a limited Notice to Proceed after Award
has been made, to permit it to order long lead materials which could cause delays in project completion.
However, granting is within the sole discretion of the Contracting Officer, and refusal or failure to grant
a limited Notice To Proceed shall not be a basis for claiming for delay, extension of time, or alteration of
price.
11.3 Computation of Contract Time:
11.3.1 When the Contract Time is specified on a Calendar Days basis, all Work under the Contract shall
be completed within the number of Calendar Days specified. The count of Contract Time begins on the
day following receipt of the Notice to Proceed by the Contractor, if no starting day is stipulated therein.
Calendar Days shall continue to be counted against Contract Time until and including the date of Final
Completion of the Work.
11.3.2 When the Contract completion time is specified as a fixed calendar date, it shall be the date of
Final Completion.
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11.4 Time Change:
The Contract Time may only be changed by a Change Order or Supplemental Agreement.
11.5 Extension Due to Delays:
The right of the Contractor to proceed shall not be terminated nor the Contractor charged with
liquidated or actual damages because of any delays to the completion of the Work due to unforeseeable
causes beyond the control and without the fault or negligence of the Contractor, including, but not
restricted to the following: acts of God or of the public enemy, acts of the Borough in contractual
capacity, acts of another contractor in the performance of a Contract with the Borough, floods, fires,
epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and delays of
Subcontractors or Suppliers due to such causes. Any delay in receipt of materials on the site, caused by
other than one of the specifically mentioned occurrences above, does not of itself justify a time
extension, provided that the Contractor shall within 24 hours from the beginning of any such delay
(unless the Contracting Officer shall grant a further period of the time prior to the date of final
settlement of the Contract) notify the Contracting Officer in writing of the cause of delay. The
Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for
completing the Work when the findings of fact justify such an extension.
11.5.1 Delays or disruptions resulting from weight restrictions imposed on roadways, excessive traffic
on roadways or road construction and/or repairs shall not be considered unforeseeable causes beyond
the control of the Contractor.
11.6 Essence of Contract:
All time limits stated in the Contract Documents are of the essence of the Contract.
11.7 Reasonable Completion Time:
It is expressly understood and agreed by and between the Contractor and the Borough that the date of
beginning and the time for Final Completion of the Work described herein are reasonable times for the
completion of the Work.
11.8 Delay Damages:
Whether or not the Contractor's right to proceed with the Work is terminated, the Contractor and its
Sureties shall be liable for damages resulting from the Contractor's refusal or failure to complete the
Work within the specified time.
Liquidated damages for delay shall be paid by the Contractor or his Surety to the Borough in the amount
as specified in the Supplementary Conditions for each Calendar Day the completion of the Work or any
part thereof is delayed beyond the Contract Time required by the Contract, or any extension thereof. If
such amount of liquidated damages is not established by the Contract Documents, then the Contractor
and his Surety shall be liable to the Borough for any actual damages occasioned by such delay. The
Contractor acknowledges that the liquidated damages established herein are not a penalty but rather
constitute an estimate of damages that the Borough will sustain by reason of delayed completion.
These liquidated damages are intended as compensation for losses difficult to estimate, and include
those items enumerated in the Supplementary Conditions.
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These damages will continue to run both before and after termination in the event of default
termination. These liquidated damages do not cover excess costs of completion or Borough costs, fees,
and charges related to reprocurement. If a default termination occurs, the Contractor or his Surety shall
pay in addition to these damages, all excess costs and expenses related to completion as provided by
paragraph 14.2.5.
ARTICLE 12 - QUALITY ASSURANCE
12.1 Warranty and Guaranty:
The Contractor warrants and guarantees to the Borough that all Work will be in accordance with the
Contract Documents and will not be Defective. Prompt notice of all defects shall be given to the
Contractor. All Defective Work, whether or not in place, may be rejected, corrected or accepted as
provided for in this Article.
12.2 Access to Work:
The Borough and its Project Management representatives, testing agencies and governmental agencies
with jurisdiction interests will have access to the Work at reasonable times for their observation,
inspecting and testing. The Contractor shall provide proper and safe conditions for such access.
12.3 Tests and Inspections:
12.3.1 The Contractor shall give the Contracting Officer timely notice of readiness of the Work for all
required inspections, tests or approvals.
12.3.2 If Regulatory Requirements of any public body having jurisdiction require any Work (or part
thereof) to specifically be inspected, tested or approved, the Contractor shall schedule such inspection,
test or approval. Testing and Inspections shall be scheduled in a manner such as to reduce travel
expenses of inspector whenever reasonable and without adversely affecting the schedule of work. The
Borough shall select the inspector and pay all costs in connection therewith. The Contracting Officer
shall be provided with the required certificates of inspection, testing or approval. If compliance with
two or more standards is specified and the standards establish different or conflicting requirements for
minimum quantities or quality levels, the Contractor shall comply with the most stringent requirement.
The Contractor will refer uncertainties and requirements that are different, but apparently equal, to
Owner for a decision before proceeding. The Borough may perform additional tests and inspections
which it deems necessary to insure quality control. All such failed tests or inspections shall be at the
Contractor's expense.
12.3.3 If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of the Contracting Officer, it must, if requested by the Contracting Officer,
be uncovered for observation. Such uncovering shall be at the Contractor's expense unless the
Contractor has given the Contracting Officer timely notice of Contractor's intention to cover the same
and the Contracting Officer has not acted with reasonable promptness in response to such notice.
12.3.4 Neither observations nor inspections, tests or approvals by the Borough or others shall relieve
the Contractor from the Contractor's obligations to perform the Work in accordance with the Contract
Documents.
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12.3.5 Within 30 days from the Notice to Proceed, the Contractor shall provide to the Contracting
Officer a Schedule of Tests and Inspections, prepared in tabular form and including the following:
1. Specification Section number and title.
2. Description of test and inspection.
3. Identification of applicable standards.
4. Identification of test and inspection methods.
5. Number of tests and inspections required.
6. Time schedule or time span for tests and inspections.
7. Entity responsible for performing tests and inspections.
8. Requirements for obtaining samples.
9. Unique characteristics of each quality -control service.
12.3.6 The Contractor shall maintain a test and inspection log at the Project site, allowing access to the
Contracting Officer and Project Manager during working hours. The Contractor shall prepare and submit
to the Contracting Officer certified written reports that include the following:
1. Date of issue.
2. Project title and number.
3. Name, address, and telephone number of testing agency.
4. Dates and locations of samples and tests or inspections.
5. Names of individuals making tests and inspections.
6. Description of the Work and test and inspection method.
7. Identification of product and Specification Section.
8. Complete test or inspection data.
9. Test and inspection results and an interpretation of test results.
10. Record of temperature and weather conditions at time of sample taking and testing and
inspecting.
11. Comments or professional opinion on whether tested or inspected Work complies with
the Contract Document requirements.
12. Name and signature of laboratory inspector.
13. Recommendations on retesting and reinspecting.
12.4 Uncovering Work:
12.4.1 If any Work is covered contrary to the written request of the Contracting Officer, it must, if
requested by the Contracting Officer, be uncovered for the Contracting Officer's observation and
replaced at the Contractor's expense.
12.4.2 If the Contracting Officer considers it necessary or advisable that covered Work be observed
inspected or tested, the Contractor, at the Contracting Officer's request shall uncover, expose or
otherwise make available for observation, inspection or testing as the Contracting Officer may require,
that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is Defective, the Contractor shall bear all direct, indirect and consequential costs
of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction,
(including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) and the Borough shall be entitled to an appropriate decrease in the Contract Price. If,
however, such Work is not found to be Defective, the Contractor shall be allowed an increase in the
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Contract Price or an extension of the Contract Time, or both directly attribute to such uncovering,
exposure, observation, inspection, testing and reconstruction.
12.5 Borough May Stop the Work:
If the Work is Defective, or the Contractor fails to supply suitable materials or equipment, or fails to
furnish or perform the Work in such a way that the completed Work will conform to the Contract
Documents, the Contracting Officer may order the Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated.
12.6 Correction or Removal of Defective Work:
If required by the Contracting Officer, the Contractor shall promptly, as directed, either correct all
Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by
the Contracting Officer, remove it from the site and replace it with Work which conforms to the
requirements of the Contract Documents. The Contractor shall bear all direct, indirect and
consequential costs of such correction removal (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals) made necessary thereby.
12.7 One Year Correction Period:
If within one year after the date of Final Completion or such longer period of time as may be prescribed
by Regulatory Requirements or by the terms of any applicable special guarantee required by the
Contract Documents, any Work is found to be Defective, the Contractor shall promptly, without cost to
the Borough and in accordance with the Contracting Officer's written instructions, either correct such
Defective Work, or, if it has been rejected by the Contracting Officer, remove it from the site and replace
it with conforming Work. If the Contractor does not promptly comply with the terms of such
instructions, or in an emergency where delay would cause serious risk of loss or damage, the Borough
may have the Defective Work corrected or the rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and replacement (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. In
special circumstances where a particular item of equipment is placed in continuous service for the
benefit of the Borough before Final Completion of all the Work, the correction period for that item may
begin on an earlier date if so provided in the Specifications or by Change Order. Provisions of this
paragraph are not intended to shorten the statute of limitations for bringing an action.
12.8 Acceptance of Defective Work:
Instead of requiring correction or removal and replacement of Defective Work, the Contracting Officer
may accept Defective Work. The Contractor shall bear all direct, indirect and consequential costs
attributable to the Contracting Officer's evaluation of and determination to accept such Defective Work
(costs to include but not limited to fees charges of engineers, architects, attorneys, and other
professionals). If any such acceptance occurs prior to final payment, a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work, and the
Borough shall be entitled to an appropriate decrease in the Contract Price. If the Borough has already
made final payment to the Contractor, an appropriate amount shall be paid by the Contractor or its
Surety to the Borough.
12.9 Borough May Correct Defective Work:
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If the Contractor fails within a reasonable time after written notice from the Contracting Officer to
proceed to correct Defective Work or to remove and replace rejected Work as required by the
Contracting Officer in accordance with paragraph 12.6, or if the Contractor fails to perform the Work in
accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of
the Contract Documents, the Borough may, after seven days' written notice to the Contractor, correct
and remedy any such deficiency. In exercising the rights and remedies under this paragraph the
Borough shall proceed expeditiously. To the extent necessary to complete corrective and remedial
action, the Contracting Officer may exclude the Contractor from all or part of the site, take possession of
all or part of the Work, and suspend the Contractor's services related thereto, take possession of the
Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or approved remote storage sites or for which the
Borough has paid the Contractor but which are stored elsewhere. The Contractor shall allow the
Contracting Officer and his authorized representatives such access to the site as may be necessary to
enable the Contracting Officer to exercise the rights and remedies under this paragraph. All direct,
indirect and consequential costs of the Borough in exercising such rights and remedies will be charged
against the Contractor, and a Change Order will be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and the Borough shall be entitled to an appropriate
decrease in the Contract Price. Such direct, indirect and consequential costs will include but not be
limited to fees and charges of engineers, architects, attorneys and other professionals, all court and
arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by
correction, removal or replacement of the Contractor's Defective Work. The Contractor shall not be
allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by the Contracting Officer of the Borough's rights and remedies hereunder.
ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION
13.1 Schedule of Values:
The Schedule of Values established as provided in paragraph 6.6 will serve as the basis for progress
payments and will be incorporated into a form of Application for Payment acceptable to the Contracting
Officer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
13.2 Preliminary Payments:
Upon approval of the Schedule of Values the Contractor may be paid for direct costs substantiated by
paid invoices and other prerequisite documents required by the General Requirements. Direct costs
shall include the cost of bonds, insurance, approved materials stored on the site or at approved remote
storage sites, deposits required by a Supplier prior to fabricating materials, and other approved direct
mobilization costs substantiated as indicated above. These payments shall be included as a part of the
total Contract Price as stated in the Contract.
13.3 Application for Progress Payment:
The Contractor shall submit to the Contracting Officer (or Project Manager if designated by the Borough)
at least 30 days before the date established for each progress payment (but not more than once a
month) for review three signed and notarized original copies of each completed Application for Payment
covering the Work completed as of the date of the Application for Payment and accompanied by such
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supporting documentation as is required by the Contract Documents, which shall include the quantity,
location and completion date of the invoiced work. Entries shall match data on the Schedule of Values
and Contractor's Construction Schedule. Updated Schedules and Change Orders issued before the last
day of the construction period covered by the Application for Payment will be used. Progress payments
will be made as the Work progresses on a monthly basis.
13.4 Review of Application for Progress Payment:
Contracting Officer (or Project Manager) will either indicate in writing a recommendation of payment or
return the Application for Payment to the Contractor indicating in writing the Contracting Officer's
reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary
corrections and resubmit the Application for Payment.
13.5 Stored Materials and Equipment:
If payment is requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, paid invoice or other documentation warranting
that the Borough has received the materials and equipment free and clear of all charges, security
interests and encumbrances and evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect the Borough's interest therein, all of which will
be satisfactory to the Contracting Officer. No payment will be made for perishable materials that could
be rendered useless because of long storage periods. No progress payment will be made for living plant
materials until planted.
13.6 Contractor's Warranty of Title:
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to the Borough no later
than the time of payment free and clear of any claims, liens, security interest and further obligations.
13.7 Withholding of Payments:
The Borough may withhold or refuse payment for any of the reasons listed below provided it gives
written notice of its intent to withhold and of the basis for withholding:
13.7.1 The Work is Defective, or completed Work has been damaged requiring correction or
replacement, or has been installed without approval of Shop Drawings, or by an unapproved
Subcontractor, or for unsuitable storage of materials and equipment.
13.7.2 The Contract Price has been reduced by Change Order.
13.7.3 The Borough has been required to correct Defective Work or complete Work in accordance with
paragraph 12.9.
13.7.4 The Borough's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 14.2.1.a through 14.2.1.k inclusive.
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13.7.5 Claims have been made against the Borough or against the funds held by the Borough on
account of the Contractor's actions or inactions in performing this Contract, or there are other items
entitling the Borough to a set off.
13.7.6 Subsequently discovered evidence or the results of subsequent inspections or test, nullify any
previous payments for reasons stated in subparagraphs 13.7.1 through 13.7.5.
13.7.7 The Contractor has failed to fulfill or is in violation of any of his obligations under any provision
of this Contract.
13.8 Retainage:
At any time the Borough finds that satisfactory progress is not being made it may in addition to the
amount withheld under paragraph 13.7 retain a maximum amount equal to 10 percent of the total
amount earned on all subsequent progress payments. This retainage may be released at such time as
the Contracting Officer finds that satisfactory progress is being made.
13.9 Request for Release of Funds:
If the Contractor believes the basis for withholding is invalid or no longer exists, immediate written
notice of the facts and Contract provisions on which the Contractor relies, shall be given to the Borough,
together with a request for release of funds and adequate documentary evidence proving that the
problem has been cured. In the case of withholding which has occurred at the request of the Alaska
Department of Labor and Workforce Development, the Contractor shall provide a letter from the Alaska
Department of Labor and Workforce Development stating that withholding is no longer requested.
Following such a submittal by the Contractor, the Borough shall have a reasonable time to investigate
and verify the facts and seek additional assurances before determining whether release of withheld
payments is justified.
13.10 Substantial Completion:
When the Contractor considers the Work ready for its intended use the Contractor shall notify the
Contracting Officer in writing that the Work or a portion of Work which has been specifically identified
in the Contract Documents is substantially complete (except for items specifically listed by the
Contractor as incomplete) and request that the Borough issue a certificate of Substantial Completion.
Within a reasonable time thereafter, the Contracting Officer, the Contractor and appropriate
Consultant(s) shall make an inspection of the Work to determine the status of completion. If the
Contracting Officer does not consider the Work substantially complete, the Contracting Officer will
within 14 days deliver to the Contractor a list of items to be completed or corrected. At the time of
delivery of the certificate of Substantial Completion the Contracting Officer will deliver to the Contractor
a written division of responsibilities pending Final Completion with respect to security, operation, safety,
maintenance, heat, utilities, insurance and warranties which shall be consistent with the terms of the
Contract Documents.
The Borough shall be responsible for all Borough costs resulting from the initial inspection and the first
re -inspection. The Contractor shall pay all costs incurred by the Borough resulting from any re -
inspections, thereafter.
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The Borough shall have the right to take possession of and use any completed or partially completed
portions of the Work, prior to the date specified for the date of Substantial Completion, and such action
and use shall not be considered an acceptance of that Work. If such use by the Borough causes
additional expense to the Contractor and/or delay in the Work, the Contractor may be entitled to
additional compensation and/or an extension of time. The Borough shall be responsible for routine
maintenance or damages caused by its use of such portions of the Work.
13.11 Access Following Substantial Completion:
The Borough shall have the right to exclude the Contractor from the Work after the date of Substantial
Completion, but the Borough shall allow Contractor reasonable access to complete or correct items on
the tentative list.
13.12 Final Inspection:
Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete,
the Contracting Officer will make a final inspection with the Contractor and appropriate Consultants and
will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or Defective. The Contractor shall immediately take such measures as are necessary to
remedy such deficiencies. The Contractor shall pay for all costs incurred by the Borough resulting from
re -inspections after final inspection.
13.13 Final Completion and Application for Payment:
After the Contractor has completed all such corrections to the satisfaction of the Contracting Officer and
delivered all training, maintenance and operating instructions, schedules, guarantees, bonds, certificates
of payment to all laborers, Subcontractors and Suppliers, certificates of inspection, marked -up record
documents and other documents all as required by the Contract Documents, and after the Contracting
Officer has indicated in writing that the Work has met the requirements for Final Completion, and
subject to the provisions of paragraph 13.17, the Contractor may make application for final payment
following the procedure for progress payments. The final Application for Payment shall be accompanied
by all certificates, warranties, guarantees, releases, affidavits, and other documentation required by the
Contract Documents, including evidence of completion of Project closeout requirements and evidence
that claims have been resolved.
13.14 Final Payment:
13.14.1 If on the basis of the Contracting Officer's observation of the Work during construction and final
inspection, and the Contracting Officer's review of the final Application for Payment and accompanying
documentation all as required by the Contract Documents; and the Contracting Officer is satisfied that
the Work has been completed and the Contractor's other obligations under the Contract Documents
have been fulfilled, the Borough will process final Application for Payment. Otherwise, the Contracting
Officer will return the Application for Payment to the Contractor, indicating in writing the reasons for
refusing to process final payment, in which case Contractor shall make the necessary corrections and
resubmit the final Application for Payment.
13.14.2 If, through no fault of the Contractor, Final Completion of the Work is significantly delayed, the
Contracting Officer shall, upon receipt of the Contractor's final Application for Payment, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully
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completed and accepted. If the remaining balance to be held by the Borough for Work not fully
completed or corrected is less than the retainage provided for in paragraph 13.8, and if bonds have
been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Borough with the application for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
13.15 Final Acceptance:
Following certification of payment, of payroll and revenue taxes, and final payment to the Contractor,
the Borough will issue a letter of Final Acceptance, releasing the Contractor from further obligations
under the Contract, except as provided in paragraph 13.16.
13.16 Contractor's Continuing Obligation:
The Contractor's obligation to perform and complete the Work and pay all laborers, Subcontractors, and
materialmen in accordance with the Contract Documents shall be absolute. Neither any progress or
final payment by the Borough, nor the issuance of a certificate of Substantial Completion, nor any use or
occupancy of the Work or any part thereof by the Borough or Using Agency, nor any act of acceptance
by the Borough nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor any correction of Defective Work by the Borough will constitute an acceptance of Work
not in accordance with the Contract Documents or a release of the Contractor's obligation to perform
the Work in accordance with the Contract Documents.
13.17 Waiver of Claims by Contractor:
The making and acceptance of final payment will constitute a waiver of all claims by the Contractor
against the Borough other than those previously made in writing and still unsettled.
13.18 No Waiver of Legal Rights:
The Borough shall not be precluded or be estopped by any payment, measurement, estimate, or
certificate made either before or after the completion and acceptance of the Work and payment
therefor, from showing the true amount and character of the Work performed and materials furnished
by the Contractor, nor from showing that any payment, measurement, estimate or certificate and
payment in accordance therewith, from recovering from the Contractor or his Sureties, or both, such
damages as it may sustain by reason of his failure to comply with requirements of the Contract
Documents. Neither the acceptance by the Borough, or any representative of the Borough, nor any
payment for or acceptance of the whole or any part of the Work, nor any extension of the Contract
Time, nor any possession taken by the Borough, shall operate as a waiver of any portion of the Contract
or of any power herein reserved, or of any right to damages. A waiver by the Borough of any breach of
the Contract shall not be held to be a waiver of any other subsequent breach.
ARTICLE 14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION
14.1 Borough May Suspend Work:
14.1.1 The Borough may, at any time, suspend the Work or any portion thereof by notice in writing to
the Contractor. If the Work is suspended without cause the Contractor shall be allowed an increase in
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the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension,
if the Contractor makes an approved claim therefor as provided in Article 15. However, no adjustment
shall be made under this clause for any suspension, delay, or interruption to the extent that suspension
is due to the fault or negligence of the Contractor, or that suspension is necessary for Contract
compliance, or that performance would have been so suspended, delayed, or interrupted by any other
cause, including the fault or negligence of the Contractor.
14.1.2 In case of suspension of Work, the Contractor shall be responsible for preventing damage to or
loss of any of the Work already performed and of all materials whether stored on or off the site or
approved remote storage sites.
14.2 Default of Contract:
14.2.1 If the Contractor:
a. Fails to begin the Work under the Contract within the time specified in the Proposal, or
b. Fails to perform the Work in accordance with the Contract Documents (including, but
not limited to, failure to supply sufficient skilled workmen or suitable materials or
equipment or failure to adhere to the progress schedule established under paragraph
6.6 as revised from time to time), or
C. Performs the Work unsuitably or neglects or refuses to remove materials or to correct
Defective Work.
d. Discontinues the prosecution of the Work, or
e. Fails to resume Work which has been discontinued within a reasonable time after notice
to do so, or
f. Becomes insolvent, except that if the Contractor declares bankruptcy termination shall
be in accordance with all 11 U.S.C. 362 and/or 11 U.S.C. 365. In the event the
Contractor declares bankruptcy the Contractor agrees that the Contract will be assumed
or rejected in a timely manner so that Contract will be completed by the date specified
in the Contract.
g. Allows any final judgment to stand against it unsatisfied for period of 60 days, or
h. Makes an assignment for the benefit of creditors without the consent of the Contracting
Officer, or
i. Disregards Regulatory Requirements of any public body having jurisdiction, or
j. Otherwise violates in any substantial way any provisions of the Contact Documents, or
k. For any cause whatsoever, fails to carry on the Work in an acceptable manner, the
Contracting Officer may give notice in writing to the Contractor and his Surety of such
delay, neglect, or default.
14.2.2 If the Contractor or Surety, within the time specified in the above notice of default, shall not
proceed in accordance therewith, then the Borough may, upon written notification from the Contracting
Officer of the fact of such delay, neglect or default and the Contractor's failure to comply with such
notice, have full power and authority without violating the Contract, to take the prosecution of the
Work out of the hands of the Contractor. The Borough may terminate the services of the Contractor,
exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools,
appliances, construction equipment and machinery at the site and use the same to the full extent they
could be used by the Contractor (without liability to the Contractor for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which the Borough has
paid the Contractor but which are stored elsewhere, and finish the Work as the Borough may deem
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expedient. The Borough may enter into an agreement for the completion of said Contract according to
the terms and provisions thereof, or use such other methods that in the opinion of the Contracting
Officer are required for the completion of said Contract in an acceptable manner.
14.2.3 The Contracting Officer may, by written notice to the Contractor and its Surety or its
representative, transfer the employment of the Work from the Contractor to the Surety, or if the
Contractor abandons the Work undertaken under the Contract, the Contracting Officer may, at his
option with written notice to the Surety and without any written notice to the Contractor, transfer the
employment for said Work directly to the Surety. The Surety shall submit its plan for completion, to the
Borough for approval prior to beginning completion of the Work. Approval of such contracts shall be in
accordance with all applicable requirements and procedures for approval of subcontracts as stated in
the Contract Documents.
14.2.4 Upon receipt of the notice terminating the services of the Contractor, the Surety shall enter
upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of
completing the Work included under the Contract and employ by contract or otherwise any person or
persons to finish the Work and provide the materials therefor, without termination of the continuing full
force and effect of this Contract. In case of such transfer of employment to the Surety, the Surety shall
be paid in its own name on estimates covering Work subsequently performed under the terms of the
Contract and according to the terms thereof without any right of the Contractor to make any claim for
the same or any part thereof.
14.2.5 If the Contract is terminated for default, the Contractor and the Surety shall be jointly and
severally liable for damages for delay as provided by paragraph 11.8, and for the excess cost of
completion, and all costs and expenses incurred by the Borough in completing the Work or arranging for
completion of the Work, including but not limited to costs of assessing the Work to be done, costs
associated with advertising, soliciting or negotiating for bids or proposals for completion, and other
reprocurement costs. Following termination the Contractor shall not be entitled to receive any further
balance of the amount to be paid under the Contract until the Work is fully finished and accepted, at
which time if the unpaid balance exceeds the amount due the Borough and any amounts due to persons
for whose benefit the Borough has withheld funds, such excess shall be paid by the Borough to the
Contractor. If the damages, costs, and expenses due the Borough exceed the unpaid balance, the
Contractor and its Surety shall pay the difference.
14.2.6 If after notice of termination of the Contractor's right to proceed under the provisions of this
clause, it is determined for any reason that the Contractor was not in default under the provisions of this
clause, or that the delay was excusable under the provisions of this clause, or that termination was
wrongful, the rights and obligations of the parties shall be determined in accordance with the clause
providing for convenience termination.
14.3 Rights or Remedies:
Where the Contractor's services have been so terminated by the Borough, the termination will not
affect any rights or remedies of the Borough against the Contractor then existing or which may
thereafter accrue. Any retention or payment of moneys due the Contractor by the Borough will not
release the Contractor from liability.
14.4 Convenience Termination:
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-52
14.4.1 The performance of the Work may be terminated by the Borough in accordance with this
section in whole or in part whenever for any reason the Contracting Officer shall determine that such
termination is in the best interest of the Borough. Any such termination shall be effected by delivery to
the Contractor of a "Notice of Termination," specifying termination is for the convenience of the
Borough the extent to which performance of Work is terminated, and the date upon which such
termination becomes effective.
Immediately upon receipt of a "Notice of Termination" and except as otherwise directed by the
Contracting Officer, the Contractor shall:
a. Stop Work on the date and to the extent specified in the "Notice of Termination.;"
b. Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the Work as is notterminated;
C. Terminate all orders and subcontracts to the extent that they relate to the performance
of Work terminated by the "Notice of Termination;"
d. With the written approval of the Contracting Officer, to the extent he may require,
settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, the costs which would be reimbursed, in whole, or in part in
accordance with the provisions of the Contract;
e. Submit to the Contracting Officer a list, certified as to quantity and quality, of any or all
items of termination inventory exclusive of items the disposition of which had been
directed or authorized by the Contracting Officer;
f. Transfer to the Contracting Officer the completed or partially completed record
drawings, Shop Drawings, information, and other property which, if the Contract had
been completed, would be required to be furnished to the Borough; and
g. Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection and preservation of the property related to the Contract which is in the
possession of the Contractor and in which the Borough has or may acquire anyinterest.
The Contractor shall proceed immediately with the performance of the above obligations.
14.4.2 When the Borough orders termination of the Work effective on a certain date, all Work in place
as of that date will be paid for in accordance with Article 13 of the Contract Materials required for
completion and on hand but not incorporated in the Work will be paid for at invoice cost plus 15 percent
with materials becoming the property of the Borough - or the Contractor may retain title to the
materials and be paid an agreed upon lump sum not defined, on order shall be canceled, and the
Borough shall pay reasonable factory cancellation charges with the option of taking delivery of the
materials in lieu of payment of cancellation charges. The Contractor shall be paid 10 percent of the cost,
freight not included, of materials canceled, and direct expenses only for Contractor chartered freight
transport which cannot be canceled without charges, to the extent that the Contractor can establish
them. The extra costs due to cancellation of bonds and insurances and that part of job start-up and
phase-out costs not amortized by the amount of Work accomplished shall be paid by the Borough.
Charges for loss of profit or consequential damages shall not be recoverable except as provided above.
14.4.3 The termination claim shall be submitted promptly, but in no event later than 90 days from the
effective date of termination, unless one or more extensions in writing are granted by the Contracting
Officer upon request of the Contractor made in writing within the 90 day period. Upon failure of the
Contractor to submit its termination claim within the time allowed, the Contracting Officer may
determine, on the basis of information available to him, the amount, if any, due to the Contractor by
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-53
reason of the termination and shall thereupon pay to the Contractor by reason of the termination and
shall pay to the Contractor the amount determined as follows:
a. All costs and expenses reimbursable in accordance with the Contract not previously paid
to the Contractor for the performance of the Work prior to the effective date of the
"Notice of Termination;"
b. So far as not included under "a" above, the cost of settling and paying claims arising out
of the termination of the Work under subcontracts or orders which are properly
chargeable to the terminated portions of the Contract;
C. The reasonable costs of settlement with respect to the terminated portion of the
Contract heretofore, to the extent that these costs have not been covered under the
payment provisions of the Contract.
14.4.5 The Contractor shall have the right of appeal under the Borough's claim procedures, as defined
in Article 15, for any determinations made by the Contracting Officer, except if the Contractor has failed
to submit his claim within the time provided and has failed to request extension of such time,
Contractor shall have no such right of appeal.
In arriving at the amount due the Contractor under this section, there shall be deducted:
1. All previous payments made to the Contractor for the performance of Work under the
Contract prior to termination;
2. Any claim for which the Borough may have against the Contractor;
3. The agreed price for, or the proceeds of sale of, any materials, supplies, or other things
acquired by the Contractor or sold pursuant to the provisions of this section and not
otherwise recovered by or credited to the Borough; and
4. All progress payments made to the Contractor under the provisions of this section.
14.4.6 Where the Work has been terminated by the Borough said termination shall not affect or
terminate any of the rights of the Borough against the Contractor or his Surety then existing or which
may thereafter accrue because of such default. Any retention or payment of monies by the Borough
due to the Contractor under the terms of the Contract shall not release the Contractor or his Surety
from liability.
Unless otherwise provided for in the Contract Documents, or by applicable statute, the Contractor, from
the effective date or termination and for a period of three years after final settlement under this
Contract, shall preserve and make available to the Borough at all reasonable times at the office of the
Contractor, all its books, records, documents, and other evidence bearing on the cost and expenses of
the Contractor under his Contract and relating to the Work terminated hereunder.
ARTICLE 15 - CLAIMS AND DISPUTES
15.1 Notification:
In addition to the notice requirements set out elsewhere in this Contract, if the Contractor becomes
aware of any act or occurrence which may form the basis of a claim by the Contractor for additional
compensation or an extension of time for performance, or if any dispute arises regarding a question of
fact or interpretation of the Contract, the Contractor shall immediately inform the Project Manager and
Contracting Officer. If the matter cannot be resolved by agreement within seven days, the Contractor
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-54
shall, within the next 14 days, submit an "Intent to Claim" in writing to the Project Manager and
Contracting Officer. The claim, if not resolved, shall be presented to the Contracting Officer, in writing,
within 60 days following receipt of the "Intent to Claim." Receipt of the claim will be acknowledged in
writing by the Contracting Officer. The Contractor agrees that unless these written notices are provided,
the Contractor will have no entitlement to additional time or compensation for such act, event or
condition. The Contractor shall in any case continue diligent performance of the Contract.
15.2 Presenting Claim:
The claim shall specifically include the following:
15.2.1 The act, event or condition giving rise to the claim.
15.2.2 The Contract provisions which apply to the claim and under which relief is provided.
15.2.3 The item or items of Contract Work affected and how they are affected.
15.2.4 The specific relief requested, including contract time if applicable, and the basis upon which it
was calculated.
15.3 Claim Validity, Additional Information, and Contracting Officer's Actions:
The claim, in order to be valid, must not only show that the Contractor suffered damages or delay but
that those conditions were actually a result of the act, event or condition complained of and that the
Contract provides entitlement to relief to the Contractor for such act, event, or condition. The
Contracting Officer reserves the right to make written request to the Contractor at any time for
additional information which the Contractor may possess relative to the claim. The Contractor agrees to
provide the Contracting Officer such additional information within 30 days of receipt of such a request.
Failure to furnish such additional information may be regarded as a waiver of the claim. The claim, if not
resolved by agreement within 90 days of its receipt, Contractor may submit a "Notice of Appeal"
pursuant to Section 15.4.
15.4 Notice of Appeal:
Within 30 days of receipt of the decision the Contractor may deliver a "Notice of Appeal" to the Borough
Manager. The notice shall include specific exceptions to the Contracting Officer's decision, including
specific provisions of the Contract, which the Contractor intends to rely upon in the appeal General
assertions that the Contracting Officer's decision is contrary to law or to fact are not sufficient.
15.5 Borough Manager's Decision:
The decision of the Borough Manager will be rendered within 120 days of "Notice of Appeal." This
decision constitutes the exhaustion of contractual and administrative remedies. The time limits given
above may only be extended by mutual consent. The decision of the Borough Manager shall be final
and conclusive unless the Contractor commences action in the Alaska court system, Third Judicial
District in Anchorage, Alaska, within 120 days from receipt thereof.
END OF SECTION
KODIAK ISLAND BOROUGH GENERAL CONDITIONS CONTRACT
KODIAK BALER BUILDING SLAB OVERLAY 007100-55
SECTION 00 8000 - SUPPLEMENTARY CONDITIONS
INTENT
1.1 These Supplementary Conditions amend and supplement the General Conditions defined in
Document 00 7000 and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.
1.2 The terms used in these Supplementary Conditions which are defined in the General Conditions
have the meanings assigned to them in the General Conditions.
2.1 ARTICLE 4 —LANDS AND PHYSICAL CONDITIONS
A. Add the following:
1. Contractor use areas: Coordinate contractor use areas on site with the Owner.
2.2 ARTICLE 5— BONDS, INSURANCE AND INDEMNIFICATION
A. Add the following subparagraph:
1. 5.2.1: The bond value requirements are as follows:
a. Provide a 100 percent Performance Bond.
b. Provide a 100 percent Payment Bond.
c. Deliver bonds within 3 days after execution of the Contract.
2.3 ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
A. Amend Section 6.1:
Add the following subparagraph:
1. 6.1.1: The Contractor shall provide a copy of construction progress reports to the Owner on a
weekly basis.
C. Add Section 6.17.4:
1. When use or storage of explosives, or other hazardous materials, substances or equipment, or
unusual methods are necessary for execution of the Work, the Contractor shall give the Owner
reasonable advance notice.
D. Add Section 6.20.1:
1. The Architect's review of Contractor's submittals will be limited to examination of an initial
submittal and one (1) resubmittal. The Architect's review of additional submittals will be made
only with the consent of the Owner after notification by the Architect. The Owner shall be
entitled to deduct from the Contract Sum amounts paid to the Architect for evaluation of such
additional resubmittals.
2.4 ARTICLE 7 - LAWS AND REGULATIONS:
KODIAK ISLAND BOROUGH SUPPLEMENTARY CONDITIONS
KODIAK BALER BUILDING SLAB OVERLAY 008000-1
A. Add the following subparagraphs to Section 7.14.2:
1. 7.14.2.e: The Contractor shall pay prevailing laborers' and mechanics' rates of pay and other
requirements as defined in the State of Alaska Statutes Title 36. Public Contracts AS 36.05 and
AS36.10.
f: All Contractors and Subcontractors will abide by the latest determination of the
minimum wage rates as scheduled and published for this region by U.S. Department of Labor
and the Alaska Department of Labor and will abide by all amendments, decisions and related
regulations of these agencies. In the case of conflict between the two agencies with respect to
hourly wage rates for any labor category, the higher published rate shall prevail. In accordance
with provisions of AS 36.05.070 these minimum rates of pay shall be prominently posted at job
site by Contractor.
g. All Contractors and Subcontractors will abide by all applicable labor -standards
provisions of the U.S. Department of Labor and the Alaska Department of Labor and other
Federal and State agencies having jurisdiction over this project with respect to requirements
concerning maximum hours of work, minimum rates of pay, overtime compensation,
categories and classifications of employees, methods and timeliness (not less than once a
week) of payment of ways, the preparation and preservation of weekly payroll records, and all
other pertinent requirements.
h. The Contractor shall comply with all applicable requirements of Title 36, Chapter 10
of the Alaska Statutes that have not been found unconstitutional by a court of competent
jurisdiction.
i. Contractor shall comply with all applicable reporting requirements of the Alaska
Department of Licensing and Department of Labor.
j. A copy of the applicable Pamphlet 600, Laborers' & Mechanics' Minimum Rates of Pay
(Pam 600), is attached.
k. A copy of applicable Pamphlet 400, Title 36 Public Contracts Wage and Hour
Administration Statutes and Regulations, is attached.
B. Add the Section 7.19 Equal Employment Opportunity:
1. The Contractor will not discriminate against any employee, or any applicant foremployment,
for unlawful reasons.
2. The Contractor will make all necessary efforts to insure, with respect to both hisorganization
and his subcontractors, that the non-discrimination provisions of Paragraph SC2a shall be
included in, but not limited to, the following actions: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other
forms of compensation; and selection for training, including apprenticeship.
3. The Contractor shall furnish all information and reports which may be or become required by
Federal or State agencies and will permit access to his books, records, and accounts by such
agencies for purposes of investigation to ascertain compliance with applicable rules, regulations
and orders.
2.5 ARTICLE 10 —CONTRACT PRICE: COMPUTATION AND CHANGE
A. Delete Section 10.6.2 and replace with the following:
KODIAK ISLAND BOROUGH SUPPLEMENTARY CONDITIONS
KODIAK BALER BUILDING SLAB OVERLAY 008000-2
When the value of change order work is determined by the lump sum method or by the time
and materials method, the following definitions and percentages shall apply. Direct costs are
defined as the net cost to Contractor to accomplish a given change. Costs of bonds and
insurance associated with the change shall be applied after addition of indirect costs. Indirect
costs are defined as general operational charges related to the accomplishment of a given
change, including but not limited to small tools, incidental job burdens and general office
expense.
B. Overhead and Profit Allowances for all indirect costs shall be identified as combined overhead
and profit and shall not exceed the percentages in the following schedule:
C. Additive work:
1. Prime Contractor:
a. 15% of the direct costs of own work.
b. 8% of the direct costs of work performed by subcontractors not including
subcontractor's overhead and profit.
c. 8% of the direct costs of equipment that requires furnishing and delivery only.
2. Subcontractor:
a. 15% of the direct costs of own work.
b. 8% of the direct costs of work performed by subcontractors not including
subcontractor's overhead and profit.
c. 8% of the direct costs of equipment that requires furnishing and delivery only.
D. Deductive work:
1. Prime Contractor: 4% of the direct cost of own deleted work.
E. No fee shall be payable on the basis of costs itemized under paragraph 10.5.
F. When both additions and credits are involved in any one change, the adjustment in Contractor's
fee shall be computed on the basis of the net change in accordance with paragraphs C through D,
inclusive.
G. Cost Breakdowns: for each response to Request for Proposal contractor shall providethe
following information for Prime Contractor and all subcontractors:
a. Number of man hours and cost per hour.
b. Number of equipment hours and cost per hour.
c. Materials quantity and unit prices.
2.6 ARTICLE 11— CONTRACT TIME: COMPUTATION AND CHANGE
A. Amend the following subparagraphs:
1. 11.1: Contract Time is identified in 00 1000 - Invitation to Bid.
2. 11.8: This project is an important public facility. Thus, any extension of the completion
date of the project will have far reaching consequences. For this reason, the Owner and
Contractor will and do agree by contract to measure damages for delayed construction by
a liquidated fixed sum calculated as set forth below.
If the Contractor fails to complete the work within the time specified in the contract, or
any extension, the Owner shall collect from the Contractor, liquidated damages in the
sum of $500 per day until substantial completion is attained.
KODIAK ISLAND BOROUGH SUPPLEMENTARY CONDITIONS
KODIAK BALER BUILDING SLAB OVERLAY 008000-3
If the Owner terminates the Contractor's right to proceed, the resulting damage will
consist of liquidated damages until such reasonable time as may be required for final
completion of the work, together with any increased costs occasioned the Owner in
completing the work. If the Owner does not terminate the Contractor's right to
proceed, the resulting damage will consist of liquidated damages until the work is
completed or accepted.
ADDITIONAL ARTICLE 1 - DEFINITIONS
A. Products: Means new material, machinery, components, equipment, fixtures, and systems
forming the Work, but does not include machinery and equipment used for preparation,
fabrication, conveying and erection of the Work. Products may also include existing materials or
components required for reuse.
B. Furnish or Supply: To supply and deliver, unload, inspect for damage.
C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use.
D. Provide: To furnish or supply, plus install.
Project Manual: The Project Manual is the volume usually assembled for the Work which includes
the Bid Documents, Contract Documents, and Specifications.
END OF SECTION
KODIAK ISLAND BOROUGH SUPPLEMENTARY CONDITIONS
KODIAK BALER BUILDING SLAB OVERLAY 008000-4
SECTION 00 9000 - DOCUMENTS REQUIRED AT CLOSEOUT
The following forms must be fully executed and submitted to the Owner prior to final approval
and final payment:
a. Notice of Completion of Public Works
b. Kodiak Island Borough Release from Contract
c. Alaska Department of Revenue, Tax Clearance Request Form
d. Alaska Department of Labor and Workforce Development Tax Clearance Request Form
e. AIA G706A Release of Liens
f. AIA G704 Substantial Completion Certificate
END OF SECTION
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
DOCUMENTS REQUIRED AT CLOSEOUT
009000-1
SECTION 011000 - SUMMARY
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Project information.
2. Work covered by Contract Documents.
3. Phased construction.
4. Work by Owner.
5. Work under separate contracts.
6. Future work.
7. Access to site.
8. Coordination with occupants.
9. Work restrictions.
10. Specification and drawing conventions.
B. Related Requirements:
1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures
governing temporary use of Owner's facilities.
1.3 PROJECT INFORMATION
A. Project Identification: KODIAK BALER BUILDING SLAB OVERLAY
1. Project Location: Kodiak, Alaska
B. Owner: Kodiak Island Borough
1. Owner's Representative: David Conrad
C. Architect: Jensen Yorba Wall, Inc.
1.4 WORK COVERED BY CONTRACT DOCUMENTS
A. The Work of Project is defined by the Contract Documents and consists of the following:
KODIAK ISLAND BOROUGH SUMMARY
KODIAK BALER BUILDING SLAB OVERLAY 01 1000 -1
1. Project includes removal and replacement concrete slab overlay at the existing Baler
Building.
B. Type of contract:
1. Project will be constructed under a single prime contract.
1.5 WORK BY OWNER
A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering
with or delaying work under this Contract or work by Owner. Coordinate the Work of this
Contract with work performed by Owner.
B. Preceding Work: Owner will perform the following construction operations at Project site.
Those operations are scheduled to be substantially complete before work under this Contract
begins.
1. None.
1.6 WORK UNDER SEPARATE CONTRACTS
A. General: Cooperate fully with separate contractors so work on those contracts may be carried
out smoothly, without interfering with or delaying work under this Contract or other contracts.
Coordinate the Work of this Contract with work performed under separate contracts.
B. Subsequent Work: Owner will award separate contract(s) for the following additional work to
be performed at site following Substantial Completion. Completion of that work will depend
on successful completion of preparatory work under this Contract.
1. None.
1.7 ACCESS TO SITE
A. General: Contractor shall have limited use of Project site for construction operations as
indicated on Drawings by the Contract limits and as indicated by requirements of this Section.
B. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of
Project site beyond areas in which the Work is indicated.
1. Driveways, Walkways and Entrances: Keep driveways, loading areas, and entrances
serving premises clear and available to Owner, Owner's employees, and emergency
vehicles at all times. Do not use these areas for parking or storage of materials.
a. Schedule deliveries to minimize use of driveways and entrances by construction
operations.
KODIAK ISLAND BOROUGH SUMMARY
KODIAK BALER BUILDING SLAB OVERLAY 011000-2
b. Schedule deliveries to minimize space and time requirements for storage of
materials and equipment on-site.
C. Condition of Existing Building: Maintain portions of existing building affected by construction
operations in a weathertight condition throughout construction period. Repair damage caused
by construction operations.
1.8 COORDINATION WITH OCCUPANTS
A. Owner Occupancy: Owner will occupy the premises during entire construction period.
Cooperate with Owner during construction operations to minimize conflicts and facilitate
Owner usage. Perform the Work so as not to interfere with Owner's operations. Maintain
existing exits unless otherwise indicated.
1. Maintain access to existing walkways, entrances, driveways, and other adjacent
occupied or used facilities. Do not close or obstruct walkways, corridors, or other
occupied or used facilities without written permission from Owner and authorities
having jurisdiction.
2. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's
operations.
3. See Section 1.9 for operational times. When operational, the landfill, scale, and scale
shack will be occupied by staff. The Owner's operations during operational hours shall
not be impacted by construction activities.
B. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to
occupy and to place and install equipment in completed portions of the Work, prior to
Substantial Completion of the Work, provided such occupancy does not interfere with
completion of the Work. Such placement of equipment and limited occupancy shall not
constitute acceptance of the total Work.
1. Architect will prepare a Certificate of Substantial Completion for each specific portion of
the Work to be occupied prior to Owner acceptance of the completed Work.
2. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited
Owner occupancy.
3. Before limited Owner occupancy, mechanical and electrical systems shall be fully
operational, and required tests and inspections shall be successfully completed. On
occupancy, Owner will operate and maintain mechanical and electrical systems serving
occupied portions of Work.
4. On occupancy, Owner will assume responsibility for maintenance and custodial service
for occupied portions of Work.
1.9 WORK RESTRICTIONS
A. Completion Time:
1. Contractor will complete the concrete pour within thirty (30) days from the start date of the
demolition.
B. Work Restrictions, General: Comply with restrictions on construction operations.
KODIAK ISLAND BOROUGH SUMMARY
KODIAK BALER BUILDING SLAB OVERLAY 011000-3
1. Comply with limitations on use of public streets and with other requirements of
authorities having jurisdiction.
C. On -Site Work Hours:
1. Landfill is open Monday — Saturday 10:00 am — 4:00 p.m. Access to and from the
Landfill cannot be obstructed during operations.
2. Contractor shall be allowed to work in the Baler Building facility at all times, including
nights and weekends.
D. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or
others unless permitted under the following conditions and then only after providing
temporary utility services according to requirements indicated:
1. Notify Owner not less than two days in advance of proposed utility interruptions.
2. Obtain Owner's written permission before proceeding with utility interruptions.
E. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and
vibration, odors, or other disruption to Owner occupancy with Owner.
1. Obtain Owner's written permission before proceeding with disruptive operations.
F. Controlled Substances: Use of tobacco products and other controlled substances within the
existing building and on Project site is not permitted.
G. Employee Identification: Owner will provide identification tags for Contractor personnel
working on Project site. Require personnel to use identification tags at all times.
H. Employee Screening: Comply with Owner's requirements for drug and background screening
of Contractor personnel working on Project site.
1. Maintain list of approved screened personnel with Owner's representative.
1.10 SPECIFICATION AND DRAWING CONVENTIONS
A. Specification Content: The Specifications use certain conventions for the style of language and
the intended meaning of certain terms, words, and phrases when used in particular situations.
These conventions are as follows:
1. Imperative mood and streamlined language are generally used in the Specifications. The
words "shall," "shall be," or "shall comply with," depending on the context, are implied
where a colon (:) is used within a sentence or phrase.
2. Specification requirements are to be performed by Contractor unless specifically stated
otherwise.
B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work
of all Sections in the Specifications.
KODIAK ISLAND BOROUGH SUMMARY
KODIAK BALER BUILDING SLAB OVERLAY 011000-4
C. Drawing Coordination: Requirements for materials and products identified on Drawings are
described in detail in the Specifications. One or more of the following are used on Drawings to
identify materials and products:
Terminology: Materials and products are identified by the typical generic terms used in
the individual Specifications Sections.
Abbreviations: Materials and products are identified by abbreviations scheduled on
Drawings.
Keynoting: Materials and products are identified by reference keynotes referencing
Specification Section numbers found in this Project Manual.
END OF SECTION
KODIAK ISLAND BOROUGH SUMMARY
KODIAK BALER BUILDING SLAB OVERLAY 011000-5
SECTION 012500 - CONTRACT MODIFICATION PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for handling and processing
Contract modifications.
B. Related Sections include the following:
1. Division 1 Section "Product Requirements" for administrative procedures for handling
requests for substitutions made after Contract award.
1.3 MINOR CHANGES IN THE WORK
A. Architect will issue through Construction Manager supplemental instructions authorizing
Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract
Time, on AIA Document G710, "Architect's Supplemental Instructions."
1.4 PROPOSAL REQUESTS
A. Owner -Initiated Proposal Requests: Architect will issue a detailed description of proposed
changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If
necessary, the description will include supplemental or revised Drawings and Specifications.
1. Proposal Requests issued by Architect are for information only. Do not consider them
instructions either to stop work in progress or to execute the proposed change.
2. Within time specified in Proposal Request after receipt of Proposal Request, submit a
quotation estimating cost adjustments to the Contract Sum and the Contract Time
necessary to execute the change.
a. Include a list of quantities of products required or eliminated and unit costs, with
total amount of purchases and credits to be made. If requested, furnish survey
data to substantiate quantities.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of
trade discounts.
C. Include costs of labor and supervision directly attributable to the change.
d. Include an updated Contractor's Construction Schedule that indicates the effect
of the change, including, but not limited to, changes in activity duration, start and
finish times, and activity relationship. Use available total float before requesting
an extension of the Contract Time.
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CONTRACT MODIFICATION PROCEDURES
012500-1
B. Contractor -Initiated Proposals: If latent or unforeseen conditions require modifications to the
Contract, Contractor may propose changes by submitting a request for a change to Architect.
1. Include a statement outlining reasons for the change and the effect of the change on
the Work. Provide a complete description of the proposed change. Indicate the effect
of the proposed change on the Contract Sum and the Contract Time.
2. Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
4. Include costs of labor and supervision directly attributable to the change.
5. Include an updated Contractor's Construction Schedule that indicates the effect of the
change, including, but not limited to, changes in activity duration, start and finish times,
and activity relationship. Use available total float before requesting an extension of the
Contract Time.
6. Comply with requirements in Division 1 Section "Product Requirements" if the proposed
change requires substitution of one product or system for product or system specified.
C. Proposal Request Form: Use AIA Document G709 for Proposal Requests.
1.5 CHANGE ORDER PROCEDURES
A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures
of Owner and Contractor on AIA Document G701.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
KODIAK ISLAND BOROUGH CONTRACT MODIFICATION PROCEDURES
KODIAK BALER BUILDING SLAB OVERLAY 012500-2
SECTION 012900 - PAYMENT PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements necessary to prepare and
process Applications for Payment.
B. Related Sections include the following:
1. Division 1 Section "Contract Modification Procedures" for administrative procedures for
handling changes to the Contract.
1.3 DEFINITIONS
A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract
Sum to various portions of the Work and used as the basis for reviewing Contractor's
Applications for Payment.
1.4 SCHEDULE OF VALUES
A. Coordination: Coordinate preparation of the Schedule of Values with preparation of
Contractor's Construction Schedule.
1. Correlate line items in the Schedule of Values with other required administrative forms
and schedules, including the following:
a. Application for Payment forms with Continuation Sheets.
b. Submittals Schedule.
C. Contractor's Construction Schedule.
2. Submit the Schedule of Values to Architect at earliest possible date but no later than
seven days before the date scheduled for submittal of initial Applications for Payment.
3. Subschedules: Where the Work is separated into phases requiring separately phased
payments, provide subschedules showing values correlated with each phase of
payment. Show all values for roof replacement and floor finish replacement separately
from other pay items for both basic bid and alternate bid areas.
B. Format and Content: Use the Project Manual table of contents as a guide to establish line
items for the Schedule of Values. Provide at least one line item for each Specification Section.
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1. Identification: Include the following Project identification on the Schedule of Values:
a. Project name and location.
b. Name of Architect.
C. Architect's project number.
d. Contractor's name and address.
e. Date of submittal.
2. Arrange the Schedule of Values in tabular form with separate columns to indicate the
following for each item listed:
a. Related Specification Section or Division.
b. Description of the Work.
C. Name of subcontractor.
d. Name of manufacturer or fabricator.
e. Name of supplier.
f. Change Orders (numbers) that affect value.
g. Dollar value.
1) Percentage of the Contract Sum to nearest one-hundredth percent,
adjusted to total 100 percent.
3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued
evaluation of Applications for Payment and progress reports. Coordinate with the
Project Manual table of contents. Provide several line items for principal subcontract
amounts, where appropriate.
4. Round amounts to nearest whole dollar; total shall equal the Contract Sum.
5. Provide a separate line item in the Schedule of Values for each part of the Work where
Applications for Payment may include materials or equipment purchased or fabricated
and stored, but not yet installed.
a. Differentiate between items stored on-site and items stored off-site. If specified,
include evidence of insurance or bonded warehousing.
6. Provide separate line items in the Schedule of Values for initial cost of materials, for
each subsequent stage of completion, and for total installed value of that part of the
Work.
7. Each item in the Schedule of Values and Applications for Payment shall be complete.
Include total cost and proportionate share of general overhead and profit for each item.
a. Temporary facilities and other major cost items that are not direct cost of actual
work -in-place may be shown either as separate line items in the Schedule of
Values or distributed as general overhead expense, at Contractor's option.
8. Schedule Updating: Update and resubmit the Schedule of Values before the next
Applications for Payment when Change Orders or Construction Change Directives result
in a change in the Contract Sum.
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PAYMENT PROCEDURES
012900-2
1.5 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and payments as
certified by Architect and paid for by Owner.
1. Initial Application for Payment, Application for Payment at time of Substantial
Completion, and final Application for Payment involve additional requirements.
B. Payment Application Times: The date for each progress payment is indicated in the
Agreement between Owner and Contractor. The period of construction Work covered by each
Application for Payment is the period indicated in the Agreement.
C. Payment Application Times: Progress payments shall be submitted to Architect by the fifth
day of the month. The period covered by each Application for Payment is one month, ending
on the last day of the month.
D. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation
Sheets as form for Applications for Payment.
E. Application Preparation: Complete every entry on form. Notarize and execute by a person
authorized to sign legal documents on behalf of Contractor. Architect will return incomplete
applications without action.
1. Entries shall match data on the Schedule of Values and Contractor's Construction
Schedule. Use updated schedules if revisions were made.
2. Include amounts of Change Orders and Construction Change Directives issued before
last day of construction period covered by application.
F. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to
Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien
and similar attachments if required.
1. Transmit each copy with a transmittal form listing attachments and recording
appropriate information about application.
G. Initial Application for Payment: Administrative actions and submittals that must precede or
coincide with submittal of first Application for Payment include the following:
1. List of subcontractors.
2. Schedule of Values.
3. Contractor's Construction Schedule (preliminary if not final).
4. Products list.
5. Schedule of unit prices.
6. Submittals Schedule (preliminary if not final).
7. List of Contractor's staff assignments.
8. Copies of building permits.
9. Copies of authorizations and licenses from authorities having jurisdiction for
performance of the Work.
10. Initial progress report.
11. Report of preconstruction conference.
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12. Certificates of insurance and insurance policies.
13. Performance and payment bonds.
14. Data needed to acquire Owner's insurance.
15. Initial settlement survey and damage report if required.
H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial
Completion, submit an Application for Payment showing 100 percent completion for portion of
the Work claimed as substantially complete.
1. Include documentation supporting claim that the Work is substantially complete and a
statement showing an accounting of changes to the Contract Sum.
2. This application shall reflect Certificates of Partial Substantial Completion issued
previously for Owner occupancy of designated portions of the Work.
Final Payment Application: Submit final Application for Payment with releases and supporting
documentation not previously submitted and accepted, including, but not limited, to the
following:
1. Evidence of completion of Project closeout requirements.
2. Insurance certificates for products and completed operations where required and proof
that taxes, fees, and similar obligations were paid.
3. Updated final statement, accounting for final changes to the Contract Sum.
4. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims."
5. AIA Document G706A, "Contractor's Affidavit of Release of Liens."
6. AIA Document G707, "Consent of Surety to Final Payment."
7. Evidence that claims have been settled.
8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of
date of Substantial Completion or when Owner took possession of and assumed
responsibility for corresponding elements of the Work.
9. Final, liquidated damages settlement statement.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
KODIAK ISLAND BOROUGH
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PAYMENT PROCEDURES
012900-4
SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative provisions for coordinating construction operations on
Project including, but not limited to, the following:
1. Coordination Drawings.
2. Administrative and supervisory personnel.
3. Project meetings.
4. Requests for Interpretation (RFIs).
B. Each contractor shall participate in coordination requirements. Certain areas of responsibility
will be assigned to a specific contractor.
C. Related Sections include the following:
1. Division 1 Section "Construction Progress Documentation" for preparing and submitting
Contractor's Construction Schedule.
2. Division 1 Section "Execution Requirements" for procedures for coordinating general
installation and field -engineering services, including establishment of benchmarks and
control points.
3. Division 1 Section "Closeout Procedures" for coordinating closeout of the Contract.
1.3 DEFINITIONS
A. RFI: Request from Contractor seeking interpretation or clarification of the Contract
Documents.
1.4 COORDINATION
A. Coordination: Coordinate construction operations included in different Sections of the
Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate
construction operations, included in different Sections, that depend on each other for proper
installation, connection, and operation.
1. Schedule construction operations in sequence required to obtain the best results where
installation of one part of the Work depends on installation of other components,
before or after its own installation.
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2. Coordinate installation of different components with other contractors to ensure
maximum accessibility for required maintenance, service, and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.
4. Where availability of space is limited, coordinate installation of different components to
ensure maximum performance and accessibility for required maintenance, service, and
repair of all components, including mechanical and electrical.
B. Prepare memoranda for distribution to each party involved, outlining special procedures
required for coordination. Include such items as required notices, reports, and list of
attendees at meetings.
C. Administrative Procedures: Coordinate scheduling and timing of required administrative
procedures with other construction activities and activities of other contractors to avoid
conflicts and to ensure orderly progress of the Work. Such administrative activities include,
but are not limited to, the following:
1. Preparation of Contractor's Construction Schedule.
2. Preparation of the Schedule of Values.
3. Installation and removal of temporary facilities and controls.
4. Delivery and processing of submittals.
5. Progress meetings.
6. Project closeout activities.
7. Startup and adjustment of systems.
1.5 SUBMITTALS
A. Coordination Drawings: Prepare Coordination Drawings if limited space availability
necessitates maximum utilization of space for efficient installation of different components or
if coordination is required for installation of products and materials fabricated by separate
entities.
1. Content: Project -specific information, drawn accurately to scale. Do not base
Coordination Drawings on reproductions of the Contract Documents or standard printed
data. Include the following information, as applicable:
a. Indicate functional and spatial relationships of components of architectural,
structural, civil, mechanical, and electrical systems.
b. Indicate required installation sequences.
C. Indicate dimensions shown on the Contract Drawings and make specific note of
dimensions that appear to be in conflict with submitted equipment and minimum
clearance requirements. Provide alternate sketches to Architect for resolution of
such conflicts. Minor dimension changes and difficult installations will not be
considered changes to the Contract.
2. Sheet Size: At least 8-1/2 by 11 inches but no larger than 30 by 40 inches.
3. Number of Copies: Submit two Insert number opaque copies of each submittal.
Architect will return.
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B. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key
personnel assignments, including superintendent and other personnel in attendance at Project
site. Identify individuals and their duties and responsibilities; list addresses and telephone
numbers, including home and office telephone numbers. Provide names, addresses, and
telephone numbers of individuals assigned as standbys in the absence of individuals assigned
to Project.
1. Post copies of list in Project meeting room, in temporary field office, and by each
temporary telephone. Keep list current at all times.
1.6 PROJECT MEETINGS
A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise
indicated.
1. Attendees: Inform participants and others involved, and individuals whose presence is
required, of date and time of each meeting. Notify Owner and Architect of scheduled
meeting dates and times.
2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.
3. Minutes: Record significant discussions and agreements achieved. Distribute the
meeting minutes to everyone concerned, including Owner and Architect, within three
days of the meeting.
B. Preconstruction Conference: Schedule a preconstruction conference before starting
construction, at a time convenient to Owner, Construction Manager, and Architect, but no
later than 15 days after execution of the Agreement. Hold the conference at Project site or
another convenient location. Conduct the meeting to review responsibilities and personnel
assignments.
1. Attendees: Authorized representatives of Owner, Construction Manager, Architect, and
their consultants; Contractor and its superintendent; major subcontractors; suppliers;
and other concerned parties shall attend the conference. All participants at the
conference shall be familiar with Project and authorized to conclude matters relating to
the Work.
2. Agenda: Discuss items of significance that could affect progress, including the following:
a. Tentative construction schedule.
b. Critical work sequencing and long -lead items.
C. Designation of key personnel and their duties.
d. Procedures for processing field decisions and Change Orders.
e. Procedures for RFIs.
f. Procedures for testing and inspecting.
g. Procedures for processing Applications for Payment.
h. Submittal procedures.
i. Use of the premises and existing building.
j. Work restrictions.
k. Owner's occupancy requirements.
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I. Responsibility for temporary facilities and controls.
M. Construction waste management and recycling.
n. Parking availability.
o. Office, work, and storage areas.
P. Equipment deliveries and priorities.
q. First aid.
r. Security.
S. Progress cleaning.
t. Working hours.
C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each
construction activity that requires coordination with other construction.
1. Attendees: Installer and representatives of manufacturers and fabricators involved in or
affected by the installation and its coordination or integration with other materials and
installations that have preceded or will follow, shall attend the meeting. Advise
Architect and Construction Manager of scheduled meeting dates.
2. Agenda: Review progress of other construction activities and preparations for the
particular activity under consideration, including requirements for the following:
a. The Contract Documents.
b. Options.
C. Related RFIs.
d. Related Change Orders.
e. Purchases.
f. Deliveries.
g. Submittals.
h. Possible conflicts.
i. Compatibility problems.
j. Time schedules.
k. Weather limitations.
I. Manufacturer's written recommendations.
M. Warranty requirements.
n. Compatibility of materials.
o. Acceptability of substrates.
P. Temporary facilities and controls.
q. Space and access limitations.
r. Regulations of authorities having jurisdiction.
S. Testing and inspecting requirements.
t. Installation procedures.
U. Coordination with other work.
V. Required performance results.
W. Protection of adjacent work.
X. Protection of construction and personnel.
3. Record significant conference discussions, agreements, and disagreements, including
required corrective measures and actions.
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4. Reporting: Distribute minutes of the meeting to each party present and to parties who
should have been present.
5. Do not proceed with installation if the conference cannot be successfully concluded.
Initiate whatever actions are necessary to resolve impediments to performance of the
Work and reconvene the conference at earliest feasible date.
D. Progress Meetings: Conduct progress meetings at weekly intervals. Coordinate dates of
meetings with preparation of payment requests.
1. Attendees: In addition to Construction Manager, each contractor, subcontractor,
supplier, and other entity concerned with current progress or involved in planning,
coordination, or performance of future activities shall be represented at these meetings.
Architect will attend as needed. All participants at the conference shall be familiar with
Project and authorized to conclude matters relating to the Work.
2. Agenda: Review and correct or approve minutes of previous progress meeting. Review
other items of significance that could affect progress. Include topics for discussion as
appropriate to status of Project.
a. Contractor's Construction Schedule: Review progress since the last meeting.
Determine whether each activity is on time, ahead of schedule, or behind
schedule, in relation to Contractor's Construction Schedule. Determine how
construction behind schedule will be expedited; secure commitments from
parties involved to do so. Discuss whether schedule revisions are required to
ensure that current and subsequent activities will be completed within the
Contract Time.
1) Review schedule for next period.
b. Review present and future needs of each entity present, including the following:
1) Status of submittals.
2) Field observations.
3) RFIs.
4) Status of proposal requests.
5) Status of Change Orders.
6) Pending claims and disputes.
7) Documentation of information for payment requests.
3. Minutes: Construction Manager will record and distribute to Contractor the meeting
minutes.
4. Reporting: Distribute minutes of the meeting to each party present and to parties who
should have been present.
a. Schedule Updating: Revise Contractor's Construction Schedule after each
progress meeting where revisions to the schedule have been made or recognized.
Issue revised schedule concurrently with the report of each meeting.
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1.7 REQUESTS FOR INTERPRETATION (RFIs)
A. Procedure: Immediately on discovery of the need for interpretation of the Contract
Documents, and if not possible to request interpretation at Project meeting, prepare and
submit an RFI in the form specified.
1. RFIs shall originate with Contractor. RFIs submitted by entities other than Contractor
will be returned with no response.
2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's
work or work of subcontractors.
B. Content of the RFI: Include a detailed, legible description of item needing interpretation and
the following:
1. Project name.
2. Date.
3. Name of Contractor.
4. Name of Architect.
5. RFI number, numbered sequentially.
6. Specification Section number and title and related paragraphs, as appropriate.
7. Drawing number and detail references, as appropriate.
8. Field dimensions and conditions, as appropriate.
9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time
or the Contract Sum, Contractor shall state impact in the RFI.
10. Contractor's signature.
11. Attachments: Include drawings, descriptions, measurements, photos, Product Data,
Shop Drawings, and other information necessary to fully describe items needing
interpretation.
a. Supplementary drawings prepared by Contractor shall include dimensions,
thicknesses, structural grid references, and details of affected materials,
assemblies, and attachments.
C. Hard -Copy RFIs: CSI Form 13.2A.
1. Identify each page of attachments with the RFI number and sequential page number.
D. Software -Generated RFIs: Software -generated form with substantially the same content as
indicated above.
1. Attachments shall be electronic files in Adobe Acrobat PDF format.
E. Architect's Action: Architect will review each RFI, determine action required, and return it.
Allow seven working days for Architect's response for each RFI. RFIs received after 1:00 p.m.
will be considered as received the following working day.
1. The following RFIs will be returned without action:
a. Requests for approval of submittals.
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b. Requests for approval of substitutions.
C. Requests for coordination information already indicated in the Contract
Documents.
d. Requests for adjustments in the Contract Time or the Contract Sum.
e. Requests for interpretation of Architect's actions on submittals.
f. Incomplete RFIs or RFIs with numerous errors.
2. Architect's action may include a request for additional information, in which case
Architect's time for response will start again.
3. Architect's action on RFIs that may result in a change to the Contract Time or the
Contract Sum may be eligible for Contractor to submit Change Proposal according to
Division 1 Section "Contract Modification Procedures."
a. If Contractor believes the RFI response warrants change in the Contract Time or
the Contract Sum, notify Architect and Construction Manager in writing within 10
days of receipt of the RFI response.
F. On receipt of Architect's action, update the RFI log and immediately distribute the RFI
response to affected parties. Review response and notify Architect within seven days if
Contractor disagrees with response.
G. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number.
Submit log bi-weekly. Software log with not less than the following:
1. Project name.
2. Name and address of Contractor.
3. Name and address of Architect.
4. RFI number including RFIs that were dropped and not submitted.
5. RFI description.
6. Date the RFI was submitted.
7. Date Architect's response was received.
8. Identification of related Minor Change in the Work, Construction Change Directive, and
Proposal Request, as appropriate.
9. Identification of related Field Order, Work Change Directive, and Proposal Request, as
appropriate.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
KODIAK ISLAND BOROUGH PROJECT MANAGEMENT AND COORDINATION
KODIAK BALER BUILDING SLAB OVERLAY 013100-7
SECTION 013300 - SUBMITTAL PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for submitting Shop
Drawings, Product Data, Samples, and other submittals.
1.3 DEFINITIONS
A. Action Submittals: Written and graphic information that requires Architect's responsive
action.
B. Informational Submittals: Written information that does not require Architect's responsive
action. Submittals may be rejected for not complying with requirements.
1.4 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of
construction activities.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals, and related activities that require sequential activity.
2. Coordinate transmittal of different types of submittals for related parts of the Work so
processing will not be delayed because of need to review submittals concurrently for
coordination.
a. Architect reserves the right to withhold action on a submittal requiring
coordination with other submittals until related submittals are received.
B. Processing Time: Allow enough time for submittal review, including time for resubmittals, as
follows. Time for review shall commence on Architect's receipt of submittal. No extension of
the Contract Time will be authorized because of failure to transmit submittals enough in
advance of the Work to permit processing, including resubmittals.
1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time
if coordination with subsequent submittals is required. Architect will advise Contractor
when a submittal being processed must be delayed for coordination.
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2. Intermediate Review: If intermediate submittal is necessary, process it in same manner
as initial submittal.
3. Resubmittal Review: Allow 15 days for review of each resubmittal.
4. Sequential Review: Where sequential review of submittals by Architect's consultants,
Owner, or other parties is indicated, allow 21 days for initial review of each submittal.
C. Identification: Place a permanent label or title block on each submittal for identification.
1. Indicate name of firm or entity that prepared each submittal on label or title block.
2. Provide a space approximately 6 by 8 inches (150 by 200 mm) on label or beside title
block to record Contractor's review and approval markings and action taken by
Architect.
3. Include the following information on label for processing and recording action taken:
a. Project name.
b. Date.
C. Name and address of Architect.
d. Name and address of Contractor.
e. Name and address of subcontractor.
f. Name of manufacturer.
g. Submittal number or other unique identifier, including revision identifier.
1) Submittal number shall use Specification Section number followed by a
decimal point and then a sequential number (e.g., 06 100.01).
Resubmittals shall include an alphabetic suffix after another decimal point
(e.g., 06 100.01.A).
h. Number and title of appropriate Specification Section.
i. Drawing number and detail references, as appropriate.
j. Location(s) where product is to be installed, as appropriate.
k. Other necessary identification.
D. Deviations: Highlight or otherwise specifically identify deviations from the Contract
Documents on submittals.
E. Additional Copies: Unless additional copies are required for final submittal, and unless
Architect or Construction Manager observes noncompliance with provisions in the Contract
Documents, initial submittal may serve as final submittal.
1. Submit one copy of submittal to concurrent reviewer in addition to specified number of
copies to Architect.
2. Additional copies submitted for maintenance manuals will not be marked with action
taken and will be returned.
F. Transmittal: Package each submittal individually and appropriately for transmittal and
handling. Transmit each submittal using a transmittal form. Architect will return submittals,
without review, received from sources other than Contractor.
1. Transmittal Form: Provide locations on form for the following information:
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013300-2
a. Project name.
b. Date.
C. Destination (To:).
d. Source (From:).
e. Names of subcontractor, manufacturer, and supplier.
f. Specification Section number and title.
2. On an attached separate sheet, prepared on Contractor's letterhead, record relevant
information, requests for data, revisions other than those requested by Architect on
previous submittals, and deviations from requirements in the Contract Documents,
including minor variations and limitations. Include same label information as related
submittal.
G. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.
1. Note date and content of previous submittal.
2. Note date and content of revision in label or title block and clearly indicate extent of
revision.
3. Resubmit submittals until they are approved by Architect.
H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers,
fabricators, installers, authorities having jurisdiction, and others as necessary for performance
of construction activities. Show distribution on transmittal forms.
Use for Construction: Use only final submittals approved by Architect.
PART 2 - PRODUCTS
2.1 ACTION SUBMITTALS
A. General: Prepare and submit Action Submittals required by individual Specification Sections.
1. Submit electronic submittals directly to extranet specifically established for Project.
B. Product Data: Collect information into a single submittal for each element of construction and
type of product or equipment.
1. If information must be specially prepared for submittal because standard printed data
are not suitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and options are applicable.
3. Include the following information, as applicable:
a. Manufacturer's written recommendations.
b. Manufacturer's product specifications.
C. Manufacturer's installation instructions.
d. Standard color charts.
e. Manufacturer's catalog cuts.
f. Wiring diagrams showing factory -installed wiring.
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013300-3
g. Operational range diagrams.
h. Standard product operation and maintenance manuals.
i. Compliance with specified referenced standards.
j. Testing by recognized testing agency.
k. Notation of coordination requirements.
4. Submit Product Data before or concurrent with Samples.
5. Number of Copies: Submit one copy of Product Data, unless otherwise indicated.
Architect will return one copy. Mark up and retain one returned copy as a Project
Record Document.
C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base
Shop Drawings on reproductions of the Contract Documents or standard printed data.
1. Preparation: Fully illustrate requirements in the Contract Documents. Include the
following information, as applicable:
a. Dimensions.
b. Identification of products.
C. Fabrication and installation drawings.
d. Roughing -in and setting diagrams.
e. Wiring diagrams showing field -installed wiring, including power, signal, and
control wiring.
f. Schedules.
g. Design calculations.
h. Compliance with specified standards.
i. Notation of coordination requirements.
j. Notation of dimensions established by field measurement.
k. Relationship to adjoining construction clearly indicated.
I. Wiring Diagrams: Differentiate between manufacturer -installed and field -
installed wiring.
2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop
Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 40 inches.
D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these
characteristics with other elements and for a comparison of these characteristics between
submittal and actual component as delivered and installed.
1. Transmit Samples that contain multiple, related components such as accessories
together in one submittal package.
2. Identification: Attach label on unexposed side of Samples that includes the following:
a. Project Name.
b. Number and title of appropriate Specification Section.
3. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or
sections of units showing the full range of colors, textures, and patterns available.
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E. Application for Payment: Comply with requirements specified in Division 1 Section "Payment
Procedures."
2.2 INFORMATIONAL SUBMITTALS
A. Product Test Reports: Prepare written reports indicating current product produced by
manufacturer complies with requirements in the Contract Documents. Base reports on
evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or
on comprehensive tests performed by a qualified testing agency.
B. Maintenance Data: Prepare written and graphic instructions and procedures for operation
and normal maintenance of products and equipment. Comply with requirements specified in
Division 1 Section "Operation and Maintenance Data."
C. Design Data: Prepare written and graphic information, including, but not limited to,
performance and design criteria, list of applicable codes and regulations, and calculations.
Include list of assumptions and other performance and design criteria and a summary of loads.
Include load diagrams if applicable. Provide name and version of software, if any, used for
calculations. Include page numbers.
D. Manufacturer's Instructions: Prepare written or published information that documents
manufacturer's recommendations, guidelines, and procedures for installing or operating a
product or equipment. Include name of product and name, address, and telephone number of
manufacturer. Include the following, as applicable:
1. Preparation of substrates.
2. Required substrate tolerances.
3. Sequence of installation or erection.
4. Required installation tolerances.
5. Required adjustments.
6. Recommendations for cleaning and protection.
E. Insurance Certificates and Bonds: Prepare written information indicating current status of
insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of
coverage, amounts of deductibles, if any, and term of the coverage.
F. Material Safety Data Sheets (MSDSs): Submit information directly to Owner; do not submit to
Architect.
1. Architect will not review submittals that include MSDSs and will return the entire
submittal for resubmittal.
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PART 3 - EXECUTION
3.1 CONTRACTOR'S REVIEW
A. Review each submittal and check for coordination with other Work of the Contract and for
compliance with the Contract Documents. Note corrections and field dimensions. Mark with
approval stamp before submitting to Architect.
3.2 ARCHITECT'S / ACTION
A. General: Architect will not review submittals that do not bear Contractor's approval stamp
and will return them without action.
B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or
modifications required, and return it. Architect will stamp each submittal with an action
stamp and will mark stamp appropriately to indicate action taken.
C. Informational Submittals: Architect will review each submittal and will not return it, or will
return it if it does not comply with requirements. Architect will forward each submittal to
appropriate party.
D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned
without review.
E. Submittals not required by the Contract Documents may not be reviewed and may be
discarded.
END OF SECTION
KODIAK ISLAND BOROUGH SUBMITTAL PROCEDURES
KODIAK BALER BUILDING SLAB OVERLAY 013300-6
SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes requirements for temporary utilities, support facilities, and security and
protection facilities.
B. Related Sections include the following:
1. Division 1 Section "Summary" for limitations on utility interruptions and other work
restrictions.
2. Division 1 Section "Submittal Procedures" for procedures for submitting copies of
implementation and termination schedule and utility reports.
3. Divisions 2 through 16 Sections for temporary heat, ventilation, and humidity
requirements for products in those Sections.
1.3 DEFINITIONS
A. Permanent Enclosure: As determined by Architect, permanent or temporary roofing is
complete, insulated, and weathertight; exterior walls are insulated and weathertight; and all
openings are closed with permanent construction or substantial temporary closures.
1.4 USE CHARGES
A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum.
Allow other entities to use temporary services and facilities without cost, including, but not
limited to, Architect, occupants of Project, testing agencies, and authorities havingjurisdiction.
B. Sewer Service: Owner to pay sewer service use charges for sewer usage by all entities for
construction operations.
C. Water Service: Owner to pay water service use charges for water used by all entities for
construction operations.
D. Electric Power Service: Owner to pay electric power service use charges for electricity used by
all entities for construction operations.
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1.5 QUALITY ASSURANCE
A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary
electric service. Install service to comply with NFPA 70.
B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each
temporary utility before use. Obtain required certifications and permits.
1.6 PROJECT CONDITIONS
A. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume
responsibility for operation, maintenance, and protection of each permanent service during its
use as a construction facility before Owner's acceptance, regardless of previously assigned
responsibilities.
PART 2 - PRODUCTS
2.1 TEMPORARY FACILITIES
A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature
controls, and foundations adequate for normal loading.
1. Use of the Owner's existing building as a field office will not be allowed. Use of the
Owner's existing kitchen facilities / break area will not be allowed.
B. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate
materials and equipment for construction operations.
1. Store combustible materials apart from building.
2.2 EQUIPMENT
A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by
locations and classes of fire exposures.
PART 3 - EXECUTION
3.1 INSTALLATION, GENERAL
A. Locate facilities where they will serve Project adequately and result in minimum interference
with performance of the Work. Relocate and modify facilities as required by progress of the
Work.
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B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities
are no longer needed or are replaced by authorized use of completed permanent facilities.
3.2 TEMPORARY UTILITY INSTALLATION
A. Water Service: Use of Owner's existing water service facilities will be permitted, as long as
facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial
Completion, restore these facilities to condition existing before initial use.
B. Sanitary Facilities: Use of Owner's existing sanitary service facilities will not be permitted.
C. Heating: Use of Owners heat shall be allowed to the extent that it is available.
D. Electric Power Service: Use of Owner's existing electric power service will be permitted, as
long as equipment is maintained in a condition acceptable to Owner.
E. Lighting: Use of Owner's existing lighting service will be permitted, as long as equipment is
maintained in a condition acceptable to Owner.
3.3 SUPPORT FACILITIES INSTALLATION
A. Traffic Controls: Comply with requirements of authorities having jurisdiction.
1. Protect existing site improvements to remain including curbs, pavement, and utilities.
2. Maintain access for fire -fighting equipment and access to fire hydrants.
B. Parking: Provide temporary parking areas for construction personnel.
3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION
A. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having
jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.
B. Temporary Enclosures: Provide temporary enclosures for protection of construction, in
progress and completed, from exposure, foul weather, other construction operations, and
similar activities. Provide temporary weathertight enclosure for building exterior.
C. Temporary Fire Protection: Install and maintain temporary fire -protection facilities of types
needed to protect against reasonably predictable and controllable fire losses. Comply with
NFPA 241.
1. Prohibit smoking in construction areas.
2. Supervise welding operations, combustion -type temporary heating units, and similar
sources of fire ignition according to requirements of authorities havingjurisdiction.
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3.5 OPERATION, TERMINATION, AND REMOVAL
A. Temporary Facility Changeover: Do not change over from using temporary security and
protection facilities to permanent facilities until Substantial Completion.
B. Termination and Removal: Remove each temporary facility when need for its service has
ended, when it has been replaced by authorized use of a permanent facility, or no later than
Substantial Completion. Complete or, if necessary, restore permanent construction that may
have been delayed because of interference with temporary facility. Repair damaged Work,
clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.
1. Materials and facilities that constitute temporary facilities are property of Contractor.
Owner reserves right to take possession of Project identification signs.
2. At Substantial Completion, clean and renovate permanent facilities used during
construction period. Comply with final cleaning requirements specified in Division 1
Section "Closeout Procedures."
END OF SECTION
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SECTION 016000 - PRODUCT REQUIREMENTS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for selection of products for
use in Project; product delivery, storage, and handling; manufacturers' standard warranties on
products; special warranties; product substitutions; and comparable products.
B. Related Sections include the following:
1. Division 1 Section "Closeout Procedures" for submitting warranties for Contract
closeout.
2. Divisions 2 through 16 Sections for specific requirements for warranties on products and
installations specified to be warranted.
1.3 DEFINITIONS
A. Products: Items purchased for incorporating into the Work, whether purchased for Project or
taken from previously purchased stock. The term "product" includes the terms "material,"
"equipment," "system," and terms of similar intent.
1. Named Products: Items identified by manufacturer's product name, including make or
model number or other designation shown or listed in manufacturer's published
product literature, that is current as of date of the Contract Documents.
2. New Products: Items that have not previously been incorporated into another project
or facility. Products salvaged or recycled from other projects are not considered new
products.
3. Comparable Product: Product that is demonstrated and approved through submittal
process, or where indicated as a product substitution, to have the indicated qualities
related to type, function, dimension, in-service performance, physical properties,
appearance, and other characteristics that equal or exceed those of specified product.
B. Substitutions: Changes in products, materials, equipment, and methods of construction from
those required by the Contract Documents and proposed by Contractor.
C. Basis -of -Design Product Specification: Where a specific manufacturer's product is named and
accompanied by the words "basis of design," including make or model number or other
designation, to establish the significant qualities related to type, function, dimension, in-
service performance, physical properties, appearance, and other characteristics for purposes
of evaluating comparable products of other named manufacturers.
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1.4 SUBMITTALS
A. Product List: Submit a list, in tabular from, showing specified products. Include generic names
of products required. Include manufacturer's name and proprietary product names for each
product.
1. Coordinate product list with Contractor's Construction Schedule and the Submittals
Schedule.
2. Initial Submittal: Within 30 days after date of commencement of the Work, submit 3
copies of initial product list. Include a written explanation for omissions of data and for
variations from Contract requirements.
a. At Contractor's option, initial submittal may be limited to product selections and
designations that must be established early in Contract period.
3. Completed List: Within 60 days after date of commencement of the Work, submit 6
copies of completed product list. Include a written explanation for omissions of data
and for variations from Contract requirements.
4. Architect's Action: Architect will respond in writing to Contractor within 15 days of
receipt of completed product list. Architect's response will include a list of unacceptable
product selections and a brief explanation of reasons for this action. Architect's
response, or lack of response, does not constitute a waiver of requirement to comply
with the Contract Documents.
B. Substitution Requests: Submit three copies of each request for consideration. Identify
product or fabrication or installation method to be replaced. Include Specification Section
number and title and Drawing numbers and titles.
1. Substitution Request Form: Use CSI Form 13.1A.
2. Documentation: Show compliance with requirements for substitutions and the
following, as applicable:
a. Statement indicating why specified material or product cannot be provided.
b. Coordination information, including a list of changes or modifications needed to
other parts of the Work and to construction performed by Owner and separate
contractors, that will be necessary to accommodate proposed substitution.
C. Detailed comparison of significant qualities of proposed substitution with those of
the Work specified. Significant qualities may include attributes such as
performance, weight, size, durability, visual effect, and specific features and
requirements indicated.
d. Product Data, including drawings and descriptions of products and fabrication and
installation procedures.
e. Samples, where applicable or requested.
f. Material test reports from a qualified testing agency indicating and interpreting
test results for compliance with requirements indicated.
g. Detailed comparison of Contractor's Construction Schedule using proposed
substitution with products specified for the Work, including effect on the overall
Contract Time. If specified product or method of construction cannot be provided
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016000-2
within the Contract Time, include letter from manufacturer, on manufacturer's
letterhead, stating lack of availability or delays in delivery.
h. Cost information, including a proposal of change, if any, in the Contract Sum.
i. Contractor's certification that proposed substitution complies with requirements
in the Contract Documents and is appropriate for applications indicated.
j. Contractor's waiver of rights to additional payment or time that may
subsequently become necessary because of failure of proposed substitution to
produce indicated results.
3. Architect's Action: If necessary, Architect will request additional information or
documentation for evaluation within 7 days of receipt of a request for substitution.
Architect will notify Contractor of acceptance or rejection of proposed substitution
within 15 Insert time days of receipt of request, or 7 days of receipt of additional
information or documentation, whichever is later.
C. Comparable Product Requests: Submit three copies of each request for consideration.
Identify product or fabrication or installation method to be replaced. Include Specification
Section number and title and Drawing numbers and titles.
1. Architect's Action: If necessary, Architect will request additional information or
documentation for evaluation within one week of receipt of a comparable product
request. Architect will notify Contractor through Construction Manager of approval or
rejection of proposed comparable product request within 15 days of receipt of request,
or 7 days of receipt of additional information or documentation, whichever is later.
D. Basis -of -Design Product Specification Submittal: Comply with requirements in Division 1
Section "Submittal Procedures." Show compliance with requirements.
1.5 QUALITY ASSURANCE
A. Compatibility of Options: If Contractor is given option of selecting between two or more
products for use on Project, product selected shall be compatible with products previously
selected, even if previously selected products were also options.
1. Each contractor is responsible for providing products and construction methods
compatible with products and construction methods of other contractors.
2. If a dispute arises between contractors over concurrently selectable but incompatible
products, Architect will determine which products shall be used.
1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, and handle products using means and methods that will prevent damage,
deterioration, and loss, including theft. Comply with manufacturer's written instructions.
B. Delivery and Handling:
1. Schedule delivery to minimize long-term storage at Project site and to prevent
overcrowding of construction spaces.
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2. Coordinate delivery with installation time to ensure minimum holding time for items
that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and
otherlosses.
3. Deliver products to Project site in an undamaged condition in manufacturer's original
sealed container or other packaging system, complete with labels and instructions for
handling, storing, unpacking, protecting, and installing.
4. Inspect products on delivery to ensure compliance with the Contract Documents and to
ensure that products are undamaged and properly protected.
C. Storage:
1. Store products to allow for inspection and measurement of quantity or counting of
units.
2. Store materials in a manner that will not endanger Project structure.
3. Store products that are subject to damage by the elements, under cover in a
weathertight enclosure above ground, with ventilation adequate to prevent
condensation.
4. Store cementitious products and materials on elevated platforms.
5. Store foam plastic from exposure to sunlight, except to extent necessary for period of
installation and concealment.
6. Comply with product manufacturer's written instructions for temperature, humidity,
ventilation, and weather -protection requirements for storage.
7. Protect stored products from damage and liquids from freezing.
8. Provide a secure location and enclosure at Project site for storage of materials and
equipment by Owner's construction forces. Coordinate location with Owner.
1.7 PRODUCT WARRANTIES
A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other
warranties required by the Contract Documents. Manufacturer's disclaimers and limitations
on product warranties do not relieve Contractor of obligations under requirements of the
Contract Documents.
1. Manufacturer's Warranty: Preprinted written warranty published by individual
manufacturer for a particular product and specifically endorsed by manufacturer to
Owner.
2. Special Warranty: Written warranty required by or incorporated into the Contract
Documents, either to extend time limit provided by manufacturer's warranty or to
provide more rights for Owner.
B. Special Warranties: Prepare a written document that contains appropriate terms and
identification, ready for execution. Submit a draft for approval before final execution.
1. Manufacturer's Standard Form: Modified to include Project -specific information and
properly executed.
2. Specified Form: When specified forms are included with the Specifications, prepare a
written document using appropriate form properly executed.
3. Refer to Divisions 2 through 16 Sections for specific content requirements and particular
requirements for submitting special warranties.
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KODIAK BALER BUILDING SLAB OVERLAY 016000-4
C. Submittal Time: Comply with requirements in Division 1 Section "Closeout Procedures."
PART 2 - PRODUCTS
2.1 PRODUCT SELECTION PROCEDURES
A. General Product Requirements: Provide products that comply with the Contract Documents,
that are undamaged and, unless otherwise indicated, that are new at time of installation.
1. Provide products complete with accessories, trim, finish, fasteners, and other items
needed for a complete installation and indicated use and effect.
2. Standard Products: If available, and unless custom products or nonstandard options are
specified, provide standard products of types that have been produced and used
successfully in similar situations on other projects.
3. Owner reserves the right to limit selection to products with warranties not in conflict
with requirements of the Contract Documents.
4. Where products are accompanied by the term "as selected," Architect will make
selection.
5. Where products are accompanied by the term "match sample," sample to be matched is
Architect's.
6. Descriptive, performance, and reference standard requirements in the Specifications
establish "salient characteristics" of products.
7. Or Equal: Where products are specified by name and accompanied by the term "or
equal" or "or approved equal" or "or approved," comply with provisions in Part 2
"Comparable Products" Article to obtain approval for use of an unnamed product.
B. Product Selection Procedures:
1. Product: Where Specifications name a single product and manufacturer, provide the
named product that complies with requirements.
2. Manufacturer/Source: Where Specifications name a single manufacturer or source,
provide a product by the named manufacturer or source that complies with
requirements.
3. Products: Where Specifications include a list of names of both products and
manufacturers, provide one of the products listed that complies with requirements.
4. Manufacturers: Where Specifications include a list of manufacturers' names, provide a
product by one of the manufacturers listed that complies with requirements.
5. Available Products: Where Specifications include a list of names of both products and
manufacturers, provide one of the products listed, or an unnamed product, that
complies with requirements. Comply with provisions in Part 2 "Comparable Products"
Article for consideration of an unnamed product.
6. Product Options: Where Specifications indicate that sizes, profiles, and dimensional
requirements on Drawings are based on a specific product or system, provide the
specified product or system. Comply with provisions in Part 2 "Product Substitutions"
Article for consideration of an unnamed product or system.
7. Basis -of -Design Product: Where Specifications name a product and include a list of
manufacturers, provide the specified product or a comparable product by one of the
other named manufacturers. Drawings and Specifications indicate sizes, profiles,
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dimensions, and other characteristics that are based on the product named. Comply
with provisions in Part 2 "Comparable Products" Article for consideration of an
unnamed product by the other named manufacturers.
8. Visual Matching Specification: Where Specifications require matching an established
Sample, select a product that complies with requirements and matches Architect's
sample. Architect's decision will be final on whether a proposed product matches.
9. Visual Selection Specification: Where Specifications include the phrase "as selected
from manufacturer's colors, patterns, textures" or a similar phrase, select a product that
complies with other specified requirements.
a. Standard Range: Where Specifications include the phrase "standard range of
colors, patterns, textures" or similar phrase, Architect will select color, pattern,
density, or texture from manufacturer's product line that does not include
premium items.
b. Full Range: Where Specifications include the phrase "full range of colors,
patterns, textures" or similar phrase, Architect will select color, pattern, density,
or texture from manufacturer's product line that includes both standard and
premium items.
2.2 PRODUCT SUBSTITUTIONS
A. Timing: Architect will consider requests for substitution if received within 60 days after the
Notice to Proceed. Requests received after that time may be considered or rejected at
discretion of Architect.
B. Conditions: Architect will consider Contractor's request for substitution when the following
conditions are satisfied. If the following conditions are not satisfied, Architect will return
requests without action, except to record noncompliance with these requirements:
1. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting additional responsibilities Owner
must assume. Owner's additional responsibilities may include compensation to
Architect for redesign and evaluation services, increased cost of other construction by
Owner, and similar considerations.
2. Requested substitution does not require extensive revisions to the Contract Documents.
3. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
4. Substitution request is fully documented and properly submitted.
5. Requested substitution will not adversely affect Contractor's Construction Schedule.
6. Requested substitution has received necessary approvals of authorities having
jurisdiction.
7. Requested substitution is compatible with other portions of the Work.
8. Requested substitution has been coordinated with other portions of the Work.
9. Requested substitution provides specified warranty.
10. If requested substitution involves more than one contractor, requested substitution has
been coordinated with other portions of the Work, is uniform and consistent, is
compatible with other products, and is acceptable to all contractors involved.
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2.3 COMPARABLE PRODUCTS
A. Conditions: Architect will consider Contractor's request for comparable product when the
following conditions are satisfied. If the following conditions are not satisfied, Architect will
return requests without action, except to record noncompliance with these requirements:
1. Evidence that the proposed product does not require extensive revisions to the Contract
Documents, that it is consistent with the Contract Documents and will produce the
indicated results, and that it is compatible with other portions of the Work.
2. Detailed comparison of significant qualities of proposed product with those named in
the Specifications. Significant qualities include attributes such as performance, weight,
size, durability, visual effect, and specific features and requirements indicated.
3. Evidence that proposed product provides specified warranty.
4. List of similar installations for completed projects with project names and addresses and
names and addresses of architects and owners, if requested.
S. Samples, if requested.
PART 3 - EXECUTION (Not Used)
END OF SECTION
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016000-7
SECTION 017300 - EXECUTION
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes general administrative and procedural requirements governing execution of
the Work including, but not limited to, the following:
1. Installation of the Work.
2. Cutting and patching.
3. Progress cleaning.
4. Starting and adjusting.
5. Protection of installed construction.
B. Related Requirements:
1. Section 011000 "Summary" for limits on use of Project site.
2. Section 02 4119 "Selective Demolition" for demolition and removal of selected portions
of the building.
1.3 DEFINITIONS
A. Cutting: Removal of in-place construction necessary to permit installation or performance of
other work.
B. Patching: Fitting and repair work required to restore construction to original conditions after
installation of other work.
1.4 QUALITY ASSURANCE
A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of
construction elements.
1. Structural Elements: When cutting and patching structural elements, notify Architect of
locations and details of cutting and await directions from Architect before proceeding.
Shore, brace, and support structural elements during cutting and patching. Do not cut
and patch structural elements in a manner that could change their load -carrying
capacity or increase deflection
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2. Operational Elements: Do not cut and patch operating elements and related
components in a manner that results in reducing their capacity to perform as intended
or that result in increased maintenance or decreased operational life or
safety. Operational elements include the following:
a. Primary operational systems and equipment.
b. Fire separation assemblies.
C. Air or smoke barriers.
d. Fire -suppression systems.
e. Mechanical systems piping and ducts.
f. Control systems.
g. Communication systems.
h. Fire -detection and -alarm systems.
i. Conveying systems.
j. Electrical wiring systems.
k. Operating systems of special construction.
3. Other Construction Elements: Do not cut and patch other construction elements or
components in a manner that could change their load -carrying capacity, that results in
reducing their capacity to perform as intended, or that result in increased maintenance
or decreased operational life or safety. Other construction elements include but are not
limited to the following:
a. Water, moisture, or vapor barriers.
b. Membranes and flashings.
C. Exterior curtain -wall construction.
d. Sprayed fire -resistive material.
e. Equipment supports.
f. Piping, ductwork, vessels, and equipment.
g. Noise- and vibration -control elements and systems.
4. Visual Elements: Do not cut and patch construction in a manner that results in visual
evidence of cutting and patching. Do not cut and patch exposed construction in a
manner that would, in Architect's opinion, reduce the building's aesthetic qualities.
Remove and replace construction that has been cut and patched in a visually
unsatisfactory manner.
B. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved
in cutting and patching, including mechanical and electrical trades. Review areas of potential
interference and conflict. Coordinate procedures and resolve potential conflicts before
proceeding.
C. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written
recommendations and instructions for installation of products and equipment.
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PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Comply with requirements specified in other Sections.
1. For projects requiring compliance with sustainable design and construction practices
and procedures, use products for patching that comply with sustainable design
requirements.
B. In -Place Materials: Use materials for patching identical to in-place materials. For exposed
surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent
possible.
1. If identical materials are unavailable or cannot be used, use materials that, when
installed, will provide a match acceptable to Architect for the visual and functional
performance of in-place materials.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Existing Conditions: The existence and location of underground and other utilities and
construction indicated as existing are not guaranteed. Before beginning sitework, investigate
and verify the existence and location of underground utilities, mechanical and electrical
systems, and other construction affecting the Work.
B. Examination and Acceptance of Conditions: Before proceeding with each component of the
Work, examine substrates, areas, and conditions, with Installer or Applicator present where
indicated, for compliance with requirements for installation tolerances and other conditions
affecting performance. Record observations.
1. Examine roughing -in for mechanical and electrical systems to verify actual locations of
connections before equipment and fixture installation.
2. Examine walls, floors, and roofs for suitable conditions where products and systems are
to be installed.
3. Verify compatibility with and suitability of substrates, including compatibility with
existing finishes or primers.
C. Written Report: Where a written report listing conditions detrimental to performance of the
Work is required by other Sections, include the following:
1. Description of the Work.
2. List of detrimental conditions, including substrates.
3. List of unacceptable installation tolerances.
4. Recommended corrections.
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KODIAK BALER BUILDING SLAB OVERLAY 017300-3
D. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding
with the Work indicates acceptance of surfaces and conditions.
3.2 PREPARATION
A. Field Measurements: Take field measurements as required to fit the Work properly. Recheck
measurements before installing each product. Where portions of the Work are indicated to fit
to other construction, verify dimensions of other construction by field measurements before
fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the
Work.
B. Space Requirements: Verify space requirements and dimensions of items shown
diagrammatically on Drawings.
C. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for
clarification of the Contract Documents caused by differing field conditions outside the control
of Contractor, submit a request for information to Architect according to requirements in
Section 013100 "Project Management and Coordination."
3.3 INSTALLATION
A. General: Locate the Work and components of the Work accurately, in correct alignment and
elevation, as indicated.
1. Make vertical work plumb and make horizontal work level.
2. Where space is limited, install components to maximize space available for maintenance
and ease of removal for replacement.
3. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated.
4. Maintain minimum headroom clearance of 96 inches (2440 mm) in occupied spaces and
90 inches (2300 mm) in unoccupied spaces.
B. Comply with manufacturer's written instructions and recommendations for installing products
in applications indicated.
C. Install products at the time and under conditions that will ensure the best possible results.
Maintain conditions required for product performance until Substantial Completion.
D. Conduct construction operations so no part of the Work is subjected to damaging operations
or loading in excess of that expected during normal conditions of occupancy.
E. Sequence the Work and allow adequate clearances to accommodate movement of
construction items on site and placement in permanent locations.
F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
G. Templates: Obtain and distribute to the parties involved templates for work specified to be
factory prepared and field installed. Check Shop Drawings of other work to confirm that
KODIAK ISLAND BOROUGH EXECUTION
KODIAK BALER BUILDING SLAB OVERLAY 017300-4
adequate provisions are made for locating and installing products to comply with indicated
requirements.
H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate
size and number to securely anchor each component in place, accurately located and aligned
with other portions of the Work. Where size and type of attachments are not indicated, verify
size and type required for load conditions.
1. Mounting Heights: Where mounting heights are not indicated, mount components at
heights directed by Architect.
2. Allow for building movement, including thermal expansion and contraction.
3. Coordinate installation of anchorages. Furnish setting drawings, templates, and
directions for installing anchorages, including sleeves, concrete inserts, anchor bolts,
and items with integral anchors, that are to be embedded in concrete or masonry.
Deliver such items to Project site in time for installation.
Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated,
arrange joints for the best visual effect. Fit exposed connections together to form hairline
joints.
Hazardous Materials: Use products, cleaners, and installation materials that are not
considered hazardous.
3.4 CUTTING AND PATCHING
A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching.
Proceed with cutting and patching at the earliest feasible time, and complete withoutdelay.
1. Cut in-place construction to provide for installation of other components or
performance of other construction, and subsequently patch as required to restore
surfaces to their original condition.
B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged
during installation or cutting and patching operations, by methods and with materials so as not
to void existing warranties.
C. Temporary Support: Provide temporary support of work to be cut.
D. Protection: Protect in-place construction during cutting and patching to prevent damage.
Provide protection from adverse weather conditions for portions of Project that might be
exposed during cutting and patching operations.
E. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of
free passage to adjoining areas is unavoidable, coordinate cutting and patching according to
requirements in Section 011000 "Summary."
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KODIAK BALER BUILDING SLAB OVERLAY 017300-5
F. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems
are required to be removed, relocated, or abandoned, bypass such services/systems before
cutting to prevent interruption to occupied areas.
G. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar
operations, including excavation, using methods least likely to damage elements retained or
adjoining construction. If possible, review proposed procedures with original Installer; comply
with original Installer's written recommendations.
1. In general, use hand or small power tools designed for sawing and grinding, not
hammering and chopping. Cut holes and slots neatly to minimum size required, and with
minimum disturbance of adjacent surfaces. Temporarily cover openings when not in
use.
2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces.
3. Concrete: Cut using a cutting machine, such as an abrasive saw or a diamond -core drill.
4. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be
removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent
entrance of moisture or other foreign matter after cutting.
5. Proceed with patching after construction operations requiring cutting are complete.
H. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations
following performance of other work. Patch with durable seams that are as invisible as
practicable. Provide materials and comply with installation requirements specified in other
Sections, where applicable.
1. Inspection: Where feasible, test and inspect patched areas after completion to
demonstrate physical integrity of installation.
2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish
restoration into retained adjoining construction in a manner that will minimize evidence
of patching and refinishing.
a. Clean piping, conduit, and similar features before applying paint or other finishing
materials.
b. Restore damaged pipe covering to its original condition.
3. Floors and Walls: Where walls or partitions that are removed extend one finished area
into another, patch and repair floor and wall surfaces in the new space. Provide an even
surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall
coverings and replace with new materials, if necessary, to achieve uniform color and
appearance.
a. Where patching occurs in a painted surface, prepare substrate and apply primer
and intermediate paint coats appropriate for substrate over the patch, and apply
final paint coat over entire unbroken surface containing the patch. Provide
additional coats until patch blends with adjacent surfaces.
4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even -plane
surface of uniform appearance.
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KODIAK BALER BUILDING SLAB OVERLAY 017300-6
5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a
weathertight condition and ensures thermal and moisture integrity of building
enclosure.
Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint,
mortar, oils, putty, and similar materials from adjacent finished surfaces.
3.5 OWNER -INSTALLED PRODUCTS
A. Site Access: Provide access to Project site for Owner's construction personnel.
B. Coordination: Coordinate construction and operations of the Work with work performed by
Owner's construction personnel.
1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule
for Owner's portion of the Work. Adjust construction schedule based on a mutually
agreeable timetable. Notify Owner if changes to schedule are required due to
differences in actual construction progress.
2. Preinstallation Conferences: Include Owner's construction personnel at preinstallation
conferences covering portions of the Work that are to receive Owner's work. Attend
preinstallation conferences conducted by Owner's construction personnel if portions of
the Work depend on Owner's construction.
3.6 PROGRESS CLEANING
A. General: Clean Project site and work areas daily, including common areas. Enforce
requirements strictly. Dispose of materials lawfully.
1. Comply with requirements in NFPA 241 for removal of combustible waste materials and
debris.
2. Do not hold waste materials more than seven days during normal weather or three days
if the temperature is expected to rise above 80 deg F (27 deg Q.
3. Containerize hazardous and unsanitary waste materials separately from other waste.
Mark containers appropriately and dispose of legally, according to regulations.
a. Use containers intended for holding waste materials of type to be stored.
4. Coordinate progress cleaning for joint -use areas where Contractor and other
contractors are working concurrently.
B. Site: Maintain Project site free of waste materials and debris.
C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for
proper execution of the Work.
1. Remove liquid spills promptly.
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KODIAK BALER BUILDING SLAB OVERLAY 017300-7
2. Where dust would impair proper execution of the Work, broom -clean or vacuum the
entire work area, as appropriate.
D. Installed Work: Keep installed work clean. Clean installed surfaces according to written
instructions of manufacturer or fabricator of product installed, using only cleaning materials
specifically recommended. If specific cleaning materials are not recommended, use cleaning
materials that are not hazardous to health or property and that will not damage exposed
surfaces.
E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure
freedom from damage and deterioration at time of Substantial Completion.
G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials
down sewers or into waterways.
H. During handling and installation, clean and protect construction in progress and adjoining
materials already in place. Apply protective covering where required to ensure protection from
damage or deterioration at Substantial Completion.
Clean and provide maintenance on completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable components to ensure
operability without damaging effects.
Limiting Exposures: Supervise construction operations to assure that no part of the
construction, completed or in progress, is subject to harmful, dangerous, damaging, or
otherwise deleterious exposure during the construction period.
3.7 STARTING AND ADJUSTING
A. Start equipment and operating components to confirm proper operation. Remove
malfunctioning units, replace with new units, and retest.
B. Adjust equipment for proper operation. Adjust operating components for proper operation
without binding.
C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties.
Replace damaged and malfunctioning controls and equipment.
3.8 PROTECTION OF INSTALLED CONSTRUCTION
A. Provide final protection and maintain conditions that ensure installed Work is without damage
or deterioration at time of Substantial Completion.
B. Comply with manufacturer's written instructions for temperature and relative humidity.
KODIAK ISLAND BOROUGH EXECUTION
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END OF SECTION
KODIAK ISLAND BOROUGH EXECUTION
KODIAK BALER BUILDING SLAB OVERLAY 017300-9
SECTION 017700 - CLOSEOUT PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for contract closeout,
including, but not limited to, the following:
1. Inspection procedures.
2. Warranties.
3. Final cleaning.
B. Related Sections include the following:
1. Division 1 Section "Payment Procedures" for requirements for Applications for Payment
for Substantial and Final Completion.
2. Division 1 Section "Execution Requirements" for progress cleaning of Projectsite.
3. Division 1 Section "Operation and Maintenance Data" for operation and maintenance
manual requirements.
4. Divisions 2 through 16 Sections for specific closeout and special cleaning requirements
for the Work in those Sections.
1.3 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for determining date of Substantial
Completion, complete the following. List items below that are incomplete in request.
1. Prepare a list of items to be completed and corrected (punch list), the value of items on
the list, and reasons why the Work is not complete.
2. Advise Owner of pending insurance changeover requirements.
3. Submit specific warranties, workmanship bonds, maintenance service agreements, final
certifications, and similar documents.
4. Obtain and submit releases permitting Owner unrestricted use of the Work and access
to services and utilities. Include occupancy permits, operating certificates, and similar
releases.
5. Prepare and submit Project Record Documents, operation and maintenance manuals,
Final Completion construction photographs, damage or settlement surveys, property
surveys, and similar final record information.
6. Complete final cleaning requirements, including touchup painting.
7. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual
defects.
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CLOSEOUT PROCEDURES
017700-1
B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of
request, Architect and Construction Manager will either proceed with inspection or notify
Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial
Completion after inspection or will notify Contractor of items, either on Contractor's list or
additional items identified by Architect, that must be completed or corrected before certificate
will be issued.
1. Reinspection: Request reinspection when the Work identified in previous inspections as
incomplete is completed or corrected.
2. Results of completed inspection will form the basis of requirements for Final
Completion.
1.4 FINAL COMPLETION
A. Preliminary Procedures: Before requesting final inspection for determining date of Final
Completion, complete the following:
1. Submit a final Application for Payment according to Division 1 Section "Payment
Procedures."
2. Submit copy of Architect's Substantial Completion inspection list of items to be
completed or corrected (punch list). The certified copy of the list shall state that each
item has been completed or otherwise resolved for acceptance.
3. Submit evidence of final, continuing insurance coverage complying with insurance
requirements.
B. Inspection: Submit a written request for final inspection for acceptance. On receipt of
request, Architect and Construction Manager will either proceed with inspection or notify
Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment
after inspection or will notify Contractor of construction that must be completed or corrected
before certificate will be issued.
1. Reinspection: Request reinspection when the Work identified in previous inspections as
incomplete is completed or corrected.
1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST)
A. Preparation: Submit two copies of list. Include name and identification of each space and
area affected by construction operations for incomplete items and items needing correction
including, if necessary, areas disturbed by Contractor that are outside the limits of
construction.
1. Organize list of spaces in sequential order, starting with exterior areas first.
2. Organize items applying to each space by major element, including categories for
ceiling, individual walls, floors, equipment, and building systems.
3. Include the following information at the top of each page:
a. Project name.
b. Date.
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017700-2
C. Name of Architect.
d. Name of Contractor.
e. Page number.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or
fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially
hazardous to health or property or that might damage finished surfaces.
PART 3 - EXECUTION
3.1 FINAL CLEANING
A. General: Provide final cleaning. Conduct cleaning and waste -removal operations to comply
with local laws and ordinances and Federal and local environmental and antipollution
regulations.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each
surface or unit to condition expected in an average commercial building cleaning and
maintenance program. Comply with manufacturer's written instructions.
1. Complete the following cleaning operations before requesting inspection for
certification of Substantial Completion for entire Project or for a portion of Project:
a. Clean Project site, yard, and grounds, in areas disturbed by construction activities,
including landscape development areas, of rubbish, waste material, litter, and
other foreign substances.
b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other
foreign deposits.
C. Remove tools, construction equipment, machinery, and surplus material from
Project site.
d. Remove snow and ice to provide safe access to building.
e. Clean exposed exterior hard -surfaced finishes to a dirt -free condition, free of
stains, films, and similar foreign substances. Avoid disturbing natural weathering
of exterior surfaces. Restore reflective surfaces to their original condition.
C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris
or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous
materials into drainage systems. Remove waste materials from Project site and dispose of
lawfully.
END OF SECTION
KODIAK ISLAND BOROUGH
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CLOSEOUT PROCEDURES
017700-3
SECTION 017810 - PROJECT RECORD DOCUMENTS
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for Project Record
Documents, including the following:
1. Record Drawings.
2. Record Specifications.
3. Record Product Data.
B. Related Sections include the following:
1. Division 1 Section "Closeout Procedures" for general closeout procedures.
2. Division 1 Section "Operation and Maintenance Data" for operation and maintenance
manual requirements.
3. Divisions 2 through 16 Sections for specific requirements for Project Record Documents
of the Work in those Sections.
1.3 SUBMITTALS
A. Record Drawings: Comply with the following:
1. Number of Copies: Submit one set(s) of marked -up Record Prints.
B. Record Specifications: Submit one copy of Project's Specifications, including addenda and
contract modifications.
C. Record Product Data: Submit one copy of each Product Data submittal.
1. Where Record Product Data is required as part of operation and maintenance manuals,
submit marked -up Product Data as an insert in manual instead of submittal as Record
Product Data.
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KODIAK BALER BUILDING SLAB OVERLAY 017810-1
PART 2 - PRODUCTS
2.1 RECORD DRAWINGS
A. Record Prints: Maintain one set of blue- or black -line white prints of the Contract Drawings
and Shop Drawings.
1. Preparation: Mark Record Prints to show the actual installation where installation
varies from that shown originally. Require individual or entity who obtained record
data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare
the marked -up Record Prints.
a. Give particular attention to information on concealed elements that would be
difficult to identify or measure and record later.
b. Accurately record information in an understandable drawing technique.
C. Record data as soon as possible after obtaining it. Record and check the markup
before enclosing concealed installations.
2. Content: Types of items requiring marking include, but are not limited to, the following:
a. Dimensional changes to Drawings.
b. Revisions to details shown on Drawings.
C. Changes made by Change Order or Construction Change Directive.
d. Changes made following Architect's written orders.
e. Details not on the original Contract Drawings.
f. Field records for variable and concealed conditions.
g. Record information on the Work that is shown only schematically.
3. Mark the Contract Drawings or Shop Drawings, whichever is most capable of showing
actual physical conditions, completely and accurately. If Shop Drawings are marked,
show cross-reference on the Contract Drawings.
4. Mark record sets with erasable, red -colored pencil. Use other colors to distinguish
between changes for different categories of the Work at same location.
5. Mark important additional information that was either shown schematically or omitted
from original Drawings.
6. Note Construction Change Directive numbers, alternate numbers, Change Order
numbers, and similar identification, where applicable.
B. Format: Identify and date each Record Drawing; include the designation "PROJECT RECORD
DRAWING" in a prominent location.
1. Record Prints: Organize Record Prints and newly prepared Record Drawings into
manageable sets. Bind each set with durable paper cover sheets. Include identification
on cover sheets.
2. Identification: As follows:
a. Project name.
b. Date.
C. Designation "PROJECT RECORD DRAWINGS."
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KODIAK BALER BUILDING SLAB OVERLAY 017810-2
d. Name of Architect.
e. Name of Contractor.
2.2 RECORD SPECIFICATIONS
A. Preparation: Mark Specifications to indicate the actual product installation where installation
varies from that indicated in Specifications, addenda, and contract modifications.
1. Give particular attention to information on concealed products and installations that
cannot be readily identified and recorded later.
2. Mark copy with the proprietary name and model number of products, materials, and
equipment furnished, including substitutions and product options selected.
3. Record the name of manufacturer, supplier, Installer, and other information necessary
to provide a record of selections made.
4. For each principal product, indicate whether Record Product Data has been submitted in
operation and maintenance manuals instead of submitted as Record Product Data.
5. Note related Change Orders and Record Drawings where applicable.
PART 3 - EXECUTION
3.1 RECORDING AND MAINTENANCE
A. Recording: Maintain one copy of each submittal during the construction period for Project
Record Document purposes. Post changes and modifications to Project Record Documents as
they occur; do not wait until the end of Project.
B. Maintenance of Record Documents and Samples: Store Record Documents and Samples in the
field office apart from the Contract Documents used for construction. Do not use Project
Record Documents for construction purposes. Maintain Record Documents in good order and
in a clean, dry, legible condition, protected from deterioration and loss. Provide access to
Project Record Documents for Architect's and Construction Manager's reference during
normal working hours.
END OF SECTION
KODIAK ISLAND BOROUGH PROJECT RECORD DOCUMENTS
KODIAK BALER BUILDING SLAB OVERLAY 017810-3
SECTION 02 4119 - SELECTIVE DEMOLITION
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Demolition and removal of selected portions of building or structure.
2. Salvage of existing items to be reused or recycled.
B. Related Requirements:
1. Section 01 "Summary" for restrictions on use of the premises, Owner -occupancy
requirements, and phasing requirements.
2. Section 01 "Execution" for cutting and patching procedures.
1.3 DEFINITIONS
A. Remove: Detach items from existing construction and dispose of them off-site unless indicated
to be salvaged or reinstalled.
B. Remove and Salvage: Detach items from existing construction, in a manner to prevent damage,
and deliver to Owner ready for reuse.
C. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage,
prepare for reuse, and reinstall where indicated.
D. Existing to Remain: Leave existing items that are not to be removed and that are not otherwise
indicated to be salvaged or reinstalled.
E. Dismantle: To remove by disassembling or detaching an item from a surface, using gentle
methods and equipment to prevent damage to the item and surfaces; disposing of items unless
indicated to be salvaged or reinstalled.
KODIAK ISLAND BOROUGH SELECTIVE DEMOLITION
KODIAK BALER BUILDING SLAB OVERLAY 02 4119 -1
1.4 MATERIALS OWNERSHIP
A. Owner shall have first right of refusal for all materials, equipment and fixtures. Review
demolition schedule with Owner to determine items to be salvaged.
B. Unless otherwise indicated, demolition waste becomes property of Contractor.
C. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones
and their contents, commemorative plaques and tablets, and other items of interest or value to
Owner that may be uncovered during demolition remain the property of Owner.
1. Carefully salvage in a manner to prevent damage and promptly return to Owner.
1.5 PREINSTALLATION MEETINGS
A. Predemolition Conference: Conduct conference at Project site.
1. Inspect and discuss condition of construction to be selectively demolished.
2. Review and finalize selective demolition schedule and verify availability of materials,
demolition personnel, equipment, and facilities needed to make progress and avoid
delays.
3. Review requirements of work performed by other trades that rely on substrates exposed
by selective demolition operations.
4. Review areas where existing construction is to remain and requires protection.
1.6 INFORMATIONAL SUBMITTALS
A. Proposed Protection Measures: Submit report, that indicates the measures proposed for
protecting individuals and property, for dust control. Indicate proposed locations and
construction of barriers.
B. Schedule of Selective Demolition Activities: Indicate the following:
1. Detailed sequence of selective demolition and removal work, with starting and ending
dates for each activity. Ensure Owner's on-site operations are uninterrupted.
2. Interruption of utility services. Indicate how long utility services will be interrupted.
3. Coordination for shutoff, capping, and continuation of utility services.
4. Coordination of Owner's continuing occupancy of portions of existing building and of
Owner's partial occupancy of completed Work.
1.7 FIELD CONDITIONS
A. Owner will occupy portions of building immediately adjacent to selective demolition area.
Conduct selective demolition so Owner's operations will not be disrupted.
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B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far
as practical.
1. Before selective demolition, Owner will remove the following items:
a. Freestanding furnishings and equipment in project areas.
C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding
with selective demolition.
D. Utility Service: Maintain existing utilities indicated to remain in service and protect them against
damage during selective demolition operations.
1. Maintain fire -protection facilities in service during selective demolition operations.
1.8 COORDINATION
A. Arrange selective demolition schedule so as not to interfere with Owner's operations.
PART 2 - PRODUCTS
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that utilities have been disconnected and capped before starting selective demolition
operations.
B. Review Project Record Documents of existing construction or other existing condition and
hazardous material information provided by Owner. Owner does not guarantee that existing
conditions are same as those indicated in Project Record Documents.
C. Verify that hazardous materials have been remediated before proceeding with building
demolition operations.
3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS
A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect
them against damage.
B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify,
disconnect, and seal or cap off utility services and mechanical/electrical systems serving areas
to be selectively demolished.
KODIAK ISLAND BOROUGH SELECTIVE DEMOLITION
KODIAK BALER BUILDING SLAB OVERLAY 024119-3
1. Owner will arrange to shut off indicated services/systems when requested by Contractor.
2. If services/systems are required to be removed, relocated, or abandoned, provide
temporary services/systems that bypass area of selective demolition and that maintain
continuity of services/systems to other parts of building.
3. Disconnect, demolish, and remove fire -suppression systems, plumbing, and HVAC
systems, equipment, and components indicated on Drawings to be removed.
a. Equipment to Be Removed: Disconnect and cap services and remove equipment.
b. Equipment to Be Removed and Reinstalled: Disconnect and cap services and
remove, clean, and store equipment; when appropriate, reinstall, reconnect, and
make equipment operational.
C. Equipment to Be Removed and Salvaged: Disconnect and cap services and remove
equipment and deliver to Owner.
3.3 PROTECTION
A. Temporary Protection: Provide temporary barricades and other protection required to prevent
injury to people and damage to adjacent buildings and facilities to remain.
1. Provide protection to ensure safe passage of people around selective demolition area and
to and from occupied portions of building.
2. Provide temporary weather protection, during interval between selective demolition of
existing construction on exterior surfaces and new construction, to prevent water leakage
and damage to structure and interior areas.
3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are
exposed during selective demolition operations.
4. Cover and protect furniture, furnishings, and equipment that have not been removed.
B. Remove temporary barricades and protections where hazards no longer exist.
3.4 SELECTIVE DEMOLITION, GENERAL
A. General: Demolish and remove existing construction only to the extent required by new
construction and as indicated. Use methods required to complete the Work within limitations
of governing regulations and as follows:
1. Proceed with selective demolition systematically, from higher to lower level. Complete
selective demolition operations above each floor or tier before disturbing supporting
members on the next lower level.
2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use
cutting methods least likely to damage construction to remain or adjoining construction.
Use hand tools or small power tools designed for sawing or grinding, not hammering and
chopping. Temporarily cover openings to remain.
3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring
existing finished surfaces.
KODIAK ISLAND BOROUGH
KODIAK BALER BUILDING SLAB OVERLAY
SELECTIVE DEMOLITION
024119-4
4. Do not use cutting torches until work area is cleared of flammable materials. At concealed
spaces, such as duct and pipe interiors, verify condition and contents of hidden space
before starting flame -cutting operations. Maintain portable fire -suppression devices
during flame -cutting operations.
5. Maintain adequate ventilation when using cutting torches.
6. Remove decayed, vermin -infested, or otherwise dangerous or unsuitable materials and
promptly dispose of off-site.
7. Remove structural framing members and lower to ground by method suitable to avoid
free fall and to prevent ground impact or dust generation.
8. Locate selective demolition equipment and remove debris and materials so as not to
impose excessive loads on supporting walls, floors, or framing.
B. Site Access and Temporary Controls: Conduct selective demolition and debris -removal
operations to ensure minimum interference with roads, streets, walks, walkways, and other
adjacent occupied and used facilities.
C. Removed and Salvaged Items:
1. Clean salvaged items.
2. Pack or crate items after cleaning. Identify contents of containers.
3. Store items in a secure area until delivery to Owner.
4. Transport items to Owner's storage area designated by Owner.
5. Protect items from damage during transport and storage.
D. Removed and Reinstalled Items:
1. Clean and repair items to functional condition adequate for intended reuse.
2. Pack or crate items after cleaning and repairing. Identify contents of containers.
3. Protect items from damage during transport and storage.
4. Reinstall items in locations indicated. Comply with installation requirements for new
materials and equipment. Provide connections, supports, and miscellaneous materials
necessary to make item functional for use indicated.
E. Existing Items to Remain: Protect construction indicated to remain against damage and soiling
during selective demolition. When permitted by Architect, items may be removed to a suitable,
protected storage location during selective demolition and cleaned and reinstalled in their
original locations after selective demolition operations are complete.
3.5 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS
A. Not used.
3.6 DISPOSAL OF DEMOLISHED MATERIALS
A. Remove demolition waste materials from Project site and dispose of them in an EPA -approved
construction and demolition waste landfill acceptable to authorities having jurisdiction.
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1. Do not allow demolished materials to accumulate on-site.
2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces
and areas.
3. Remove debris from elevated portions of building by chute, hoist, or other device that
will convey debris to grade level in a controlled descent.
B. Burning: Do not burn demolished materials.
3.7 CLEANING
A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective
demolition operations. Return adjacent areas to condition existing before selective demolition
operations began.
END OF SECTION
KODIAK ISLAND BOROUGH
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SECTION 033000 - CAST -IN-PLACE CONCRETE
PART 1- GENERAL
1.1 SUMMARY
A. Section Includes:
1.
Concrete standards.
2.
Concrete materials.
3.
Admixtures.
4.
Liquid floor treatments.
5.
Curing materials.
6.
Accessories.
7.
Concrete mixture materials.
8.
Concrete mixture class types.
9.
Concrete mixing.
1.2 PREINSTALLATION MEETINGS
A. Preinstallation Conference: Conduct conference at Project site.
1.3 ACTION SUBMITTALS
A. Product data.
B. Design Mixtures: For each concrete mixture, include the following:
1. Mixture identification.
2. Compressive strength at 28 days.
3. Maximum w/cm ratio.
4. Slump limit.
5. Air content.
6. Nominal maximum aggregate size.
7. Intended placement method.
8. Submit adjustments to design mixtures when characteristics of materials, Project
conditions, weather, test results, or other circumstances warrant changes.
C. Shop Drawings:
1. Construction Joint Layout: Indicate proposed construction joints required to construct the
structure.
1.4 INFORMATIONAL SUBMITTALS
A. Material certificates.
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B. Material test reports.
C. Research reports.
D. Preconstruction test reports.
E. Minutes of preinstallation conference.
PART 2 - PRODUCTS
2.1 CONCRETE STANDARDS
A. ACI Publications: Comply with ACI 301 unless modified by requirements in the Contract
Documents.
2.2 CONCRETE MATERIALS
A. Cementitious Materials:
1. Portland Cement: ASTM C150/C150M, Type I/II, gray or white.
2. Pozzolans: ASTM C618, Class C, F, or N.
3. Silica Fume: ASTM C1240.
B. Normal -Weight Aggregates:
1. Coarse Aggregate: ASTM C33/C33M, Class 4S.
a. Coarse aggregate shall be imported and shall not be native Kodiak Island
aggregate.
2. Maximum Coarse -Aggregate Size: 3/4 inch nominal.
3. Fine Aggregate: ASTM C33/C33M.
2.3 ADMIXTURES
A. Air -Entraining Admixture: ASTM C260/C260M.
B. Chemical Admixtures: Do not use calcium chloride or admixtures containing calcium chloride.
1. Water -Reducing Admixture: ASTM C494/C494M, Type A.
2. Retarding Admixture: ASTM C494/C494M, Type B.
3. Water -Reducing and -Retarding Admixture: ASTM C494/C494M, Type D.
4. High -Range, Water -Reducing Admixture: ASTM C494/C494M, Type F.
5. High -Range, Water -Reducing and -Retarding Admixture: ASTM C494/C494M, Type G.
C. Mixing Water for Concrete Mixtures and Water Used to Make Ice: ASTM C 1602/C 1602M.
Include documentation of compliance with limits for alkalis, sulfates, chlorides, or solids
content of mixing water from Table 2 in ASTM C 1602/C 1602M.
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2.4 LIQUID FLOOR TREATMENTS
A. Penetrating Liquid Floor Treatment: As noted on Drawings.
2.5 CURING MATERIALS
A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing
approximately 9 oz./sq. yd. when dry.
B. Water: Potable water that does not cause staining of the surface.
2.6 ACCESSORIES
A. Semirigid Joint Filler: As noted on Drawings.
B. Bonding Agent: ASTM C1059/C1059M, Type II, nonredispersible, acrylic emulsion or styrene
butadiene.
2.7 CONCRETE MIXTURE MATERIALS
A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of
laboratory trial mixture or field test data, or both, in accordance with ACI 301.
1. Use a qualified testing agency for preparing and reporting proposed mixture designs,
based on laboratory trial mixtures.
B. Cementitious Materials:
1. Fly Ash: 99 lb. per cubic yard.
2. Silica Fume: 52 lb. per cubic yard.
2.8 CONCRETE MIXTURE CLASS TYPES
A. Class F: Normal -weight concrete used for concrete toppings.
1. Exposure Class: ACI 318 Class F3.
2. Minimum Compressive Strength: 5000 psi at 28 days.
3. W/cm Ratio: 0.33.
4. Slump Limit: 5 inches, plus or minus 2 inches.
5. Air Content:
a. 6.0 percent, plus or minus 1.5 percent at point of delivery.
2.9 CONCRETE MIXING
A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete in accordance with
ASTM C94/C94M and furnish delivery ticket.
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Project -site mixing is not permitted.
PART 3 - EXECUTION
3.1 TOLERANCES
A. Comply with ACI 117.
3.2 INSTALLATION OF CAST -IN-PLACE CONCRETE
A. Before placing concrete, verify that installation of reinforcement is complete and that required
inspections are completed. Do not proceed until unsatisfactory conditions have been corrected.
B. Notify Architect and testing and inspection agencies 24 hours prior to commencement of
concrete placement.
C. Water addition in transit or at the Project site must be in accordance with ASTM C94/C94M
and must not exceed the permitted amount indicated on the concrete delivery ticket.
D. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new
concrete is placed on concrete that has hardened enough to cause seams or planes ofweakness.
E. Deposit and consolidate concrete in a continuous operation, without construction joints, until
placement of entire overlay is complete.
3.3 INSTALLATION OF JOINTS
A. Construct joints true to line, with faces perpendicular to surface plane of concrete.
B. Control Joints: Form weakened -plane control joints, sectioning concrete into areas as indicated.
Construct control joints for a depth equal to at least one-fourth of concrete thickness as follows:
1. Grooved Joints: Form control joints after initial floating by grooving and finishing each
edge of joint to a radius of 1/8 inch. Repeat grooving of control joints after applying
surface finishes. Eliminate groover tool marks on concrete surfaces.
2. Sawed Joints: Form control joints with power saws equipped with shatterproof abrasive
or diamond -rimmed blades. Cut 1/8 -inch wide joints into concrete when cutting action
does not tear, abrade, or otherwise damage surface and before concrete develops random
cracks and not more than 12 hours after concrete placement.
3.4 APPLICATION OF FINISHING FLOORS AND SLABS
A. Float Finish:
1. When bleedwater sheen has disappeared and concrete surface has stiffened sufficiently to
permit operation of specific float apparatus, consolidate concrete surface with power -
driven floats or by hand floating if area is small or inaccessible to power -driven floats.
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2. Repeat float passes and restraightening until surface is left with a uniform, smooth,
granular texture and complies with ACI 117 tolerances for conventional concrete.
B. Trowel Finish:
1. After applying float finish, apply first troweling and consolidate concrete by hand or
power -driven trowel.
2. Continue troweling passes and restraighten until surface is free of trowel marks and
uniform in texture and appearance.
3. Grind smooth any surface defects that would telegraph through applied coatings or floor
coverings.
4. Do not add water to concrete surface. Use of an approved finishing aid is acceptable.
5. Finish surfaces to the following tolerances, in accordance with ASTM El 155 for a
randomly trafficked floor surface:
a. Specified overall values of flatness, FF 25; and of levelness, FL 20; with minimum
local values of flatness, FF 17; and of levelness, FL 15.
3.5 APPLICATION OF CONCRETE CURING
A. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures.
1. Comply with ACI 301 for cold weather protection during curing.
2. Comply with ACI 301 and ACI 305.1 for hot -weather protection during curing.
3. Maintain moisture loss no more than 0.2 lb/sq. ft. x h, calculated in accordance with
ACI 305R, before and during finishing operations.
B. Absorptive Cover: Pre -dampen absorptive material before application; apply additional water
to absorptive material to maintain concrete surface continuously wet.
C. Curing: Comply with ACI 308.1 as follows:
1. Begin curing after finishing concrete.
2. Absorptive Cover: As soon as concrete has sufficient set to permit application without
marring concrete surface, install prewetted absorptive cover over entire area of floor.
a. Lap edges and ends of absorptive cover not less than 12 inches.
b. Maintain absorptive cover water saturated, and in place, for duration of curing
period, but not less than seven days.
3.6 APPLICATION OF LIQUID FLOOR TREATMENTS
A. Penetrating Liquid Floor Treatment: Prepare, apply, and finish penetrating liquid floor treatment
in accordance with manufacturer's written instructions.
1. Remove curing compounds, sealers, oil, dirt, laitance, and other contaminants and
complete surface repairs.
2. Do not apply to concrete that is less than seven days' old.
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3. Apply liquid until surface is saturated, scrubbing into surface until a gel forms; rewet;
and repeat brooming or scrubbing.
4. Rinse with water; remove excess material until surface is dry.
5. Apply a second coat in a similar manner.
3.7 INSTALLATION OF JOINT FILLING
A. Prepare, clean, and install joint filler in accordance with manufacturer's written instructions.
3.8 INSTALLATION OF CONCRETE SURFACE REPAIRS
A. Defective Concrete:
1. Repair and patch defective areas when approved by Architect.
2. Remove and replace concrete that cannot be repaired and patched to meet specification
requirements.
B. Patching Mortar: Mix dry -pack patching mortar, consisting of 1 part portland cement to 2-
1/2 parts fine aggregate passing a No. 16 sieve, using only enough water for handling and
placing.
C. Repairing Unformed Surfaces:
1. Test unformed surfaces for finish, and verify surface tolerances specified for each
surface.
a. Correct low and high areas.
b. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped
template.
2. Repair finished surfaces containing surface defects, including spalls, popouts,
honeycombs, rock pockets, crazing, and cracks in excess of 0.01 inch wide or that
penetrate to reinforcement or completely through unreinforced sections regardless of
width.
3. After concrete has cured at least 14 days, correct high areas by grinding.
4. Correct localized low areas during, or immediately after, completing surface -finishing
operations by adding patching mortar.
a. Finish repaired areas to blend into adjacent concrete.
5. Correct other low areas scheduled to remain exposed with repair topping.
a. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch to match
adjacent floor elevations.
b. Prepare, mix, and apply repair topping and primer in accordance with
manufacturer's written instructions to produce a smooth, uniform, plane, and level
surface.
6. Repair defective areas, except random cracks and single holes 1 inch or less in diameter,
by cutting out and replacing with fresh concrete.
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a. Remove defective areas with clean, square cuts, and expose steel reinforcement
with at least a 3/4 -inch clearance all around.
b. Dampen concrete surfaces in contact with patching concrete and apply bonding
agent.
C. Mix patching concrete of same materials and mixture as original concrete, except
without coarse aggregate.
d. Place, compact, and finish to blend with adjacent finished concrete.
e. Cure in same manner as adjacent concrete.
7. Repair random cracks and single holes 1 inch or less in diameter with patching mortar.
a. Groove top of cracks and cut out holes to sound concrete, and clean off dust, dirt,
and loose particles.
b. Dampen cleaned concrete surfaces and apply bonding agent.
C. Place patching mortar before bonding agent has dried.
d. Compact patching mortar and finish to match adjacent concrete.
e. Keep patched area continuously moist for at least 72 hours.
D. Perform structural repairs of concrete, subject to Architect's approval, using epoxy adhesive and
patching mortar.
E. Repair materials and installation not specified above may be used, subject to Architect's
approval.
3.9 FIELD QUALITY CONTROL
A. Special Inspections: Owner will engage a special inspector to perform field tests and inspections
and prepare testing and inspection reports.
B. Testing Agency: Owner will engage a qualified testing and inspecting agency to perform tests
and inspections and to submit reports.
1. Testing agency to be responsible for providing curing facility for initial curing of strength
test specimens on-site and verifying that test specimens are cured in accordance with
standard curing requirements in ASTM C31/C31M.
2. Testing agency to immediately report to Architect, Contractor, and concrete manufacturer
any failure of Work to comply with Contract Documents.
3. Testing agency to report results of tests and inspections, in writing, to Owner, Architect,
Contractor, and concrete manufacturer within 48 hours of inspections and tests.
C. Delivery Tickets: Comply with ASTM C94/C94M.
D. Inspections:
1. Concrete reinforcement.
2. Verification of use of required design mixture.
3. Concrete placement, including conveying and depositing.
4. Curing procedures and maintenance of curing temperature.
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E. Concrete Tests: Testing of composite samples of fresh concrete obtained in accordance with
ASTM C 172/C 172M to be performed in accordance with the following requirements:
1. Slump: ASTM C 143/C 143M:
a. One test at point of delivery.
b. Perform additional tests as needed.
2. Air Content: ASTM C231/C231M pressure method, for normal -weight concrete.
a. One test.
3. Concrete Temperature: ASTM C 1064/C 1064M:
a. One test hourly when air temperature is 40 deg F and below or 80 deg F and above.
4. Compression Test Specimens: ASTM C31/C31M:
a. Cast and standard cure two sets of four 6 inches by 12 -inches or 4 -inch by 8 -inch
cylindrical specimens for each composite sample.
b. Additional specimens as requested by owner.
5. Compressive -Strength Tests: ASTM C39/C39M.
a. Test one set of three standard cured specimens at seven days and one set of three
specimens at 28 days.
b. Additional tests as requested by owner.
C. A compressive -strength test to be the average compressive strength from a set of
three specimens obtained from same composite sample and tested at age indicated.
6. Strength of each concrete mixture will be satisfactory if every average of any three
consecutive compressive -strength tests of standard cured cylinders equals or exceeds
specified compressive strength, and no compressive -strength test value falls below
specified compressive strength by more than 500 psi.
7. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may
be permitted by Architect but will not be used as sole basis for approval or rejection of
concrete.
8. Additional Tests:
a. Testing and inspecting agency to make additional tests of concrete when test
results indicate that slump, air entrainment, compressive strengths, or other
requirements have not been met, as directed by Architect.
b. Testing and inspecting agency may conduct tests to determine adequacy of
concrete by cored cylinders complying with ASTM C42/C42M or by other
methods as directed by Architect.
1) Acceptance criteria for concrete strength to be in accordance with ACI 301,
Section 1.7.6.3.
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9. Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
10. Correct deficiencies in the Work that test reports and inspections indicate do not comply
with the Contract Documents.
F. Measure floor and slab flatness and levelness in accordance with ASTM E1155 within 24 hours
of completion of floor finishing and promptly report test results to Architect.
3.10 PROTECTION
A. Protect concrete surfaces.
B. Protect from petroleum stains.
C. Prohibit vehicles from concrete slabs.
D. Prohibit placement of steel items on concrete surfaces.
END OF SECTION 033000
CAST -IN-PLACE CONCRETE 033000-9
ATTACHMENTS
Minimum Prevailing Wage Rates
Minimum Prevailing Wage Rates and Title 36 Public Contracts Follows:
See attached links:
hqps:Hlabor.alaska.gov/lss/fonns/PgMphlet 600_ Issue_48.pdf
htips:Hlabor.alaska.gov/lss/fonns/Pam4OO.pd
PAMPHLET No. 600
Title 36. Public Contracts
AS 36.05
MINIMUM RATES OF PAY
For Laborers and Mechanics
Effective April 1, 2024 Issue 48
F.
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Bib
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April 1, 2024
THE STATE
°fALASKA
GOVERNOR MIKE DUNLEAVY
TO ALL CONTRACTING AGENCIES:
Department of Labor and
Workforce Development
Office of the Commissioner
Post Office Box 1 1 1 149
Juneau, Alaska 99811
Main: 907.465.2700
fax: 907.465-2784
At the Alaska Department of Labor and Workforce Development our goal is putting Alaskans to work. This
pamphlet is designed to help contractors awarded public construction contracts understand the most significant
laws of the State of Alaska pertaining to prevailing wages.
This pamphlet identifies current prevailing wage rates for public construction contracts (any construction
projects awarded for the State of Alaska or its political subdivisions, such as local governments and certain non-
profit organizations). Because these rates may change in a subsequent determination, please be sure you are using
the appropriate rates. The rates published in this edition become effective April 1, 2024.
The prevailing wage rates contained in this pamphlet are applicable to public construction projects with a final
bid date of April 11, 2024, or later. As the law now provides, these rates will remain stable during the life of a
contract or for 24 calendar months, whichever is shorter. The 24 -month period begins on the date the prime
contract is awarded. Upon expiration of the initial 24 -month period, the latest wage rates issued by the
department shall become effective for a subsequent 24 -month period or until the original contract is completed,
whichever occurs first. This process shall be repeated until the original contract is completed.
The term "original contract" means the signed contract that resulted from the original bid and any amendments,
including changes of work scope, additions, extensions, change orders, and other instruments agreed to by the
parties that have not been subject to subsequent open bid procedures.
If a higher federal rate is required due to partial federal funding or other federal participation, the higher rate
must be paid.
For additional copies of this pamphlet go to: http://labor.state.ak.usAss/pamp600.htm
For questions regarding prevailing wage or employment preference requirements, please contact the nearest
Wage and Hour office. These offices are listed on Page x.
Sincerely,
� � r
Catherine Munoz
Commissioner Designee
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Table of Contents
Excerpts from Alaska Law
Sec. 36.05.005. Applicability...........................................................................................................................iv
Sec. 36.05.010. Wage rates on public construction..........................................................................................
iv
Sec. 36.05.040. Filing schedule of employees, wages paid and other information ..........................................
iv
Sec. 36.05.045. Notice of work and completion; withholding of payment ......................................................
iv
Sec. 36.05.060. Penalty for violation of this chapter..........................................................................................v
Sec. 36.05.070. Wage rates in specifications and contracts for public works....................................................v
Sec. 36.05.080. Failure to pay agreed wages......................................................................................................v
Sec. 36.05.090. Payment of wages from withheld payments and listing contractors who violate contracts ......
v
Sec. 36.05.900. Definition................................................................................................................................
vi
Excerpts from Alaska Administrative Code
8 AAC 30.051. Purpose.....................................................................................................................................
vi
8 AAC 30.052. Board and lodging; remote sites...............................................................................................
vi
8 AAC 30.054. Per diem instead of board and lodging.....................................................................................
vi
8 AAC 30.056. Alternative arrangement...........................................................................................................
vii
8 AAC 30.900. General definitions (selected excerpts)....................................................................................
vii
Additional Information
PerDiem...........................................................................................................................................................
vii
Laborer Classification Clarification.................................................................................................................
viii
ApprenticeRates..............................................................................................................................................
viii
FringeBenefit Plans.........................................................................................................................................
viii
Special Prevailing Wage Rate Determination....................................................................................................
ix
Alaska Employment Preference Information.....................................................................................................
ix
Labor Standards and Safety Notice Requests......................................................................................................x
DebarmentList....................................................................................................................................................x
WageRates............................................................................................................................... Pages 1-26
ShipyardRate Addendum...........................................................................................................Pages 27
Note to Readers: The statutes and administrative regulations listed in this publication were taken from the
official codes, as of the effective date of the publication. However, there may be errors or omissions that
have not been identified and changes that occurred after the publication was printed. This publication is
intended as an informational guide only and is not intended to serve as a precise statement of the statutes and
regulations of the State of Alaska. To be certain of current laws and regulations, please refer to the official codes.
IM
EXCERPTS FROM ALASKA LAW
Sec. 36.05.005. Applicability.
This chapter applies only to a public construction contract that exceeds $25,000.
Sec. 36.05.010. Wage rates on public construction.
A contractor or subcontractor who performs work on a public construction contract in the state shall pay not less
than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The
current prevailing rate of wages is that contained in the latest determination of prevailing rate of wages issued by
the Department of Labor and Workforce Development at least 10 days before the final date for submission of bids
for the contract. The rate shall remain in effect for the life of the contract or for 24 calendar months, whichever is
shorter. At the end of the initial 24 -month period, if new wage determinations have been issued by the department,
the latest wage determination shall become effective for the next 24 -month period or until the contract is completed,
whichever occurs first. This process shall be repeated until the contract is completed.
Sec. 36.05.040. Filing schedule of employees, wages paid, and other information.
All contractors or subcontractors who perform work on a public construction contract for the state or for a political
subdivision of the state shall, before the Friday of every second week, file with the Department of Labor and
Workforce Development a sworn affidavit for the previous reporting period, setting out in detail the number of
persons employed, wages paid, job classification of each employee, hours worked each day and week, and other
information on a form provided by the Department of Labor and Workforce Development.
Sec. 36.05.045. Notice of work and completion; withholding of payment.
(a) Before commencing work on a public construction contract, the person entering into the contract with a
contracting agency shall designate a primary contractor for purposes of this section. Before work
commences, the primary contractor shall file a notice of work with the Department of Labor and Workforce
Development. The notice of work must list work to be performed under the public construction contract
by each contractor who will perform any portion of work on the contract and the contract price being paid
to each contractor. The primary contractor shall pay all filing fees for each contractor performing work on
the contract, including a filing fee based on the contract price being paid for work performed by the primary
contractor's employees. The filing fee payable shall be the sum of all fees calculated for each contractor.
The filing fee shall be one percent of each contractor's contract price. The total filing fee payable by the
primary contractor under this subsection may not exceed $5,000. In this subsection, "contractor" means an
employer who is using employees to perform work on the public construction contract under the contract
or a subcontract.
(b) Upon completion of all work on the public construction contract, the primary contractor shall file with the
Department of Labor and Workforce Development a notice of completion together with payment of any
additional filing fees owed due to increased contract amounts. Within 30 days after the department's receipt
of the primary contractor's notice of completion, the department shall inform the contracting agency of the
amount, if any, to be withheld from the final payment.
(c) A contracting agency
(1) may release final payment of a public construction contract to the extent that the agency has
received verification from the Department of Labor and Workforce Development that
(A) the primary contractor has complied with (a) and (b) of this section;
(B) the Department of Labor and Workforce Development is not conducting an
investigation under this title; and
(C) the Department of Labor and Workforce Development has not issued a notice of a
violation of this chapter to the primary contractor or any other contractors working
on the public construction contract; and
iv
(2) shall withhold from the final payment an amount sufficient to pay the department's estimate of
what may be needed to compensate the employees of any contractors under investigation on this
construction contract, and any unpaid filing fees.
(d) The notice and filing fee required under (a) of this section may be filed after work has begun if
(1) The public construction contract is for work undertaken in immediate response to an emergency;
and
(2) The notice and fees are filed not later than 14 days after the work has begun.
(e) A false statement made on a notice required by this section is punishable under AS 11.56.210.
Sec. 36.05.060. Penalty for violation of this chapter.
A contractor who violates this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of
not less than $100 nor more than $1,000, or by imprisonment for not less than 10 days nor more than 90 days, or
by both. Each day a violation exists constitutes a separate offense.
Sec. 36.05.070. Wage rates in specifications and contracts for public works.
(a) The advertised specifications for a public construction contract that requires or involves the employment
of mechanics, laborers, or field surveyors must contain a provision stating the minimum wages to be paid
various classes of laborers, mechanics, or field surveyors and that the rate of wages shall be adjusted to
the wage rate under AS 36.05.010.
(b) Repealed by § 17 ch 142 SLA 1972.
(c) A public construction contract under (a) of this section must contain provisions that
(1) the contractor or subcontractors of the contractor shall pay all employees unconditionally and not
less than once a week;
(2) wages may not be less than those stated in the advertised specifications, regardless of the contractual
relationship between the contractor or subcontractors and laborers, mechanics, or field surveyors;
(3) the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible
place at the site of the work;
(4) the state or a political subdivision shall withhold so much of the accrued payments as is necessary
to pay to laborers, mechanics, or field surveyors employed by the contractor or subcontractors the
difference between
(A) the rates of wages required by the contract to be paid laborers, mechanics, or field surveyors
on the work; and
(B) the rates of wages in fact received by laborers, mechanics, or field surveyors.
Sec. 36.05.080. Failure to pay agreed wages.
Every contract within the scope of AS 36.05.070 shall contain a provision that if it is found that a laborer, mechanic,
or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the
rate of wages required by the contract to be paid, the state or its political subdivision may, by written notice to the
contractor, terminate the contractor's right to proceed with the work or the part of the work for which there is a
failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the
contractor and the contractor's sureties are liable to the state or its political subdivision for excess costs for
completing the work.
Sec. 36.05.090. Payment of wages from withheld payments and listing contractors who violate contracts.
(a) The state disbursing officer in the case of a state public construction contract and the local fiscal officer in
the case of a political subdivision public construction contract shall pay directly to laborers, mechanics, or
field surveyors from accrued payments withheld under the terms of the contract the wages due laborers,
mechanics, or field surveyors under AS 36.05.070.
(b) The state disbursing officer or the local fiscal officer shall distribute to all departments of the state
government and to all political subdivisions of the state a list giving the names of persons who have
disregarded their obligations to employees. A person appearing on this list and a firm, corporation,
partnership, or association in which the person has an interest may not work as a contractor or
v
subcontractor on a public construction contract for the state or a political subdivision of the state until three
years after the date of publication of the list. If the accrued payments withheld under the contract are
insufficient to reimburse all the laborers, mechanics, or field surveyors with respect to whom there has
been a failure to pay the wages required under AS 36.05.070, the laborers, mechanics, or field surveyors
have the right of action or intervention or both against the contractor and the contractor's sureties conferred
by law upon persons furnishing labor or materials, and in the proceedings it is not a defense that the
laborers, mechanics, or field surveyors accepted or agreed to accept less than the required rate of wages or
voluntarily made refunds.
Sec. 36.05.900. Definition.
In this chapter, "contracting agency" means the state or a political subdivision of the state that has entered into a
public construction contract with a contractor.
EXCERPTS FROM ALASKA ADMINISTRATIVE CODE
***Notice: Regulations relating to board and lodging and per diem went into effect on November 25, 2018. The
new regulations are excerpted here***
8 AAC 30.051. Purpose. The purpose of 8 AAC 30.052 — 8 AAC 30.056 is to ensure that wages paid to laborers,
mechanics, and field surveyors do not fall below the prevailing rate of pay.
8 AAC 30.052. Board and lodging; remote sites. (a) A contractor on a public construction project located 65 or
more road miles from the international airport closest to the project area in either Fairbanks, Juneau, or Anchorage,
or that is inaccessible by road in a two -wheel drive vehicle, shall provide adequate board and lodging to each laborer,
mechanic, or field surveyor while the person is employed on the project. If commercial lodging facilities are not
available, the contractor shall provide temporary lodging facilities. Lodging facilities must comply with all
applicable state and federal laws. For a highway project, the location of the project is measured from the midpoint
of the project.
(b) A contractor is not required to provide board and lodging:
(1) to a laborer, mechanic, or field surveyor who is a domiciled resident of the project area; or
(2) on a laborer, mechanic, or field surveyor's scheduled days off, when the person can reasonably travel
between the project and the person's permanent residence; for the purposes of this paragraph, "scheduled day
off' means a day in which a person does not perform work on-site, is not required to remain at or near the job
location for the benefit of the contractor, and is informed of the day off at least seven days before the day off.
(c) Upon a contractor's written request, the commissioner may waive the requirements of (a) of this section where:
(1) the project is inaccessible by road in a two -wheel drive vehicle, but the laborer, mechanic, or field
surveyor can reasonably travel between the project and the person's permanent residence within one hour; or
(2) a laborer, mechanic, or field surveyor is not a domiciled resident of the project area, but has established
permanent residence, with the intent to remain indefinitely, within 65 road miles of the project, or for a highway
project, the mid -point of the project.
8 AAC 30.054. Per diem instead of board and lodging. (a) A contractor may pay a laborer, mechanic, or field
surveyor per diem instead of providing board and lodging, when the following conditions are met:
(1) the department determines that per diem instead of board and lodging is an established practice for the
work classification; the department shall publish and periodically revise its determinations in the pamphlet
Laborers and Mechanics Minimum Rates of Pay;
(2) the contractor pays each laborer, mechanic, or field surveyor the appropriate per diem rate as published
and periodically revised in the pamphlet Laborers and Mechanics Minimum Rates of Pay; and
vi
(3) the contractor pays the per diem to each laborer, mechanic, or field surveyor on the same day that wages
are paid.
(b) A contractor may not pay per diem instead of board and lodging on a highway project located
(1) west of Livengood on the Elliot Highway, AK -2;
(2) on the Dalton Highway, AK -11;
(3) north of milepost 20 on the Taylor Highway, AK -5;
(4) east of Chicken on the Top of the World Highway; or
(5) south of Tetlin Junction to the Alaska -Canada border on the Alaska Highway, AK -2.
8 AAC 30.056. Alternative arrangement. Upon a contractor's written request, the commissioner may approve an
alternative board and lodging or per diem arrangement, provided
(1) the arrangement does not reduce the laborer, mechanic, or field surveyor's wages below the prevailing
wage rate; and
(2) the laborer, mechanic, or field surveyor voluntarily enters into and signs the written arrangement; a
labor organization representing laborers, mechanics, or field surveyors may enter into the written agreement
on their behalf.
8 AAC 30.900. General definitions (selected excerpts only):
In this chapter and in AS 36
(22) "domiciled resident" means a person living within 65 road miles of a public construction project, or in
the case of a highway project, the mid -point of the project, for at least 12 consecutive months prior to the award
of the public construction project;
(23) "employed on the project" means the time period from the date the laborer, mechanic, or field surveyor
first reports on-site to the project through the final date the person reports on-site to the project.
ADDITIONAL INFORMATION
PER DIEM
Notice: New regulations relating to board and lodging and per diem went into effect on November 25, 2018. The
regulations provide a comprehensive set of requirements for the provision of board and lodging or per diem for
workers on remote projects. Please refer to Alaska Administrative Code 8 AAC Chapter 30 and read the chapter
carefully.
The Alaska Department of Labor and Workforce Development has determined that per diem is an established work
practice for certain work classifications. These classifications are indicated throughout the Pamphlet by an asterisk
(*) under the classification title. If all of the conditions of 8 AAC 30.054 are met, an employer may pay workers in
these classifications per diem instead of providing board and lodging on a remote project.
Per Diem Rate: As of May 1, 2019, the minimum per diem rate is $100.00 per day, or part thereof, the worker is
employed on the project. In the event that a contractor provides lodging facilities, but no meals, the department will
accept a payment of $48 per day for meals to meet the per diem requirements.
vii
LABORER CLASSIFICATION CLARIFICATION
The laborer rates categorized in class code S1201 -S1206 apply in one area of Alaska; the area that is south of N63
latitude and west of W138 Longitude. The laborer rates categorized in class code N1201 -N1206 apply in two
areas of Alaska; the Alaska areas north of N63 latitude and east of W138 longitude. The following graphic
representations should assist with clarifying the applicable wage rate categories:
d
Latitude N 63 V
S1201-
S1206 ,.
N1201 -
N1206
IVA
APPRENTICE RATES
Apprentice rates at less than the minimum prevailing rates may be paid to apprentices according to an apprentice
program which has been registered and approved by the Commissioner of the Alaska Department of Labor and
Workforce Development in writing or according to a bona fide apprenticeship program registered with the U.S.
Department of Labor, Office of Apprenticeship Training. Any employee listed on a payroll at an apprentice
wage rate who is not registered as above shall be paid the journeyman prevailing minimum wage in that
work classification. Wage rates are based on prevailing crew makeup practices in Alaska and apply to work
performed regardless of either the quality of the work performed by the employee or the titles or classifications
which may be assigned to individual employees.
FRINGE BENEFIT PLANS
Contractors/subcontractors may compensate fringe benefits to their employees in any one of three methods. The
fringe benefits may be paid into a union trust fund, into an approved benefit plan, or paid directly on the paycheck
as gross wages.
Where fringe benefits are paid into approved plans, funds, or programs including union trust funds, the payments
must be contributed at least monthly. If contractors submit their own payroll forms and are paying fringe benefits
into approved plans, funds, or programs, the employer's certification must include, in addition to those requirements
of 8 AAC 30.020(c), a statement that fringe benefit payments have been or will be paid at least monthly. Contractors
who pay fringe benefits to a plan must ensure the plan is one approved by the Internal Revenue Service and that the
plan meets the requirements of 8 AAC 30.025 (eff. 3/2/08) in order for payments to be credited toward the prevailing
wage obligation.
viii
SPECIAL PREVAILING WAGE RATE DETERMINATION
Special prevailing wage rate determinations may be requested for special projects or a special worker classification
if the work to be performed does not conform to traditional public construction for which a prevailing wage rate
has been established under 8 AAC 30.050(a) of this section. Requests for special wage rate determinations must
be in writing and filed with the Commissioner at least 30 days before the award of the contract. An applicant for a
special wage rate determination shall have the responsibility to support the necessity for the special rate. An
application for a special wage rate determination filed under this section must contain:
(1) a specification of the contract or project on which the special rates will apply and a description of the
work to be performed;
(2) a brief narrative explaining why special wage rates are necessary;
(3) the job class or classes involved;
(4) the special wage rates the applicant is requesting, including survey or other relevant wage data to support
the requested rates;
(5) the approximate number of employees who would be affected; and
(6) any other information which might be helpful in determining if special wage rates are appropriate.
Requests made pursuant to the above should be addressed to:
Director
Alaska Department of Labor and Workforce Development
Labor Standards and Safety Division
Wage and Hour
P.O. Box 111149
Juneau, AK 99811-1149
_or_
Email: statewide.wagehour@alaska.gov
EMPLOYMENT PREFERENCE INFORMATION
In October 2019, the Alaska Attorney General issued a formal opinion stating that the Alaska Statutes 36.10.150
of the State's 90% Employment Preference law, also known as the Alaska Resident Hire law, violates both the
U.S. and Alaska Constitutions. As a result, the state has stopped all enforcement activity.
A copy of the Attorney General opinion is found here:
hlW:Hlaw.alaska. goy/pdf/opinions/opinions_2019/19-005_AK-hire.pdf
lx
Alaska Department of Labor and Workforce Development
Labor Standards and Safety Division
Wage and Hour
Web site: http://labor.state.ak.us/lss/pamp600.htm
Anchorage
1251 Muldoon Road, Suite 113
Anchorage, Alaska 99504-2098
Phone: (907) 269-4900
Email:
statewide.wagehour@alaska.gov
Juneau
PO Box 111149
Juneau, Alaska 99811
Phone: (907) 465-4842
Email:
statewide.wagehour@alaska.gov
Fairbanks
Regional State Office Building
675 7t1i Ave., Station J-1
Fairbanks, Alaska 99701-4593
Phone: (907) 451-2886
Email:
statewide.wagehour@alaska.gov
LABOR STANDARDS AND SAFETY NOTICE REQUESTS
If you would like to receive Wage and Hour or Mechanical Inspection regulation notices or publications
information, they are available via electronic mail, by signing up in the GovDelivery System,
https://public.govdelivery.com/accounts/AKDOL/subscriber/new and selecting topics LSS — Wage and
Hour — Forms and Publications, LSS — Mechanical Inspection Regulations, or LSS — Wage and Hour
Regulations.
Publications are also available online at http:Hlabor.alaska.gov/lss/home.httn
DEBARMENT LIST
AS 36.05.090(b) states that "the state disbursing officer or the local fiscal officer shall distribute to all departments
of the state government and to all political subdivisions of the state a list giving the names of persons who have
disregarded their obligations to employees."
A person appearing on the following debarment list and a firm, corporation, partnership, or association in which the
person has an interest may not work as a contractor or subcontractor on a public construction contract for the state
or a political subdivision of the state for three years from the date of debarment.
Company Name
No companies are currently debarred.
Debarment Expires
x
Laborers' & Mechanics' Minimum Rates of Pay
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Boilermakers
*See per diem note on last page
VAC SAF
A0101 Boilermaker (journeyman) 48.15 8.57 18.40 2.15 4.25 0.34 81.86
Bricklayers & Blocklayers
*See per diem note on last page
L&M
A0201 Blocklayer 42.01 9.00 10.20 0.62 0.20 62.03
Bricklayer
Marble or Stone Mason
Refractory Worker (Firebrick, Plastic, Castable, and Gunite Refractory
Applications)
Terrazzo Worker
Tile Setter
A0202 Tuck Pointer Caulker
Cleaner (PCC)
A0203 Marble & Tile Finisher
Terrazzo Finisher
L&M
42.01 9.00 10.20 0.62 0.20 62.03
L&M
35.84 9.00 10.20 0.62 0.20 55.86
L&M
A0204 Torginal Applicator 35.84 9.00 10.20 0.62 0.20 55.86
Carpenters, Region I (North of 63 latitude)
*See per diem note on last page
L&M SAF
N0301 Carpenter (journeyman) 44.39 10.35 15.82 1.75 0.20 0.20 72.71
Lather/Drywall/Acoustical
Carpenters, Region II (South of N63 latitude)
*See per diem note on last page
L&M SAF
50301 Carpenter (journeyman) 44.39 10.35 16.36 1.75 0.20 0.20 73.25
Lather/Drywall/Acoustical
Cement Masons
*See per diem note on last page
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Cement Masons
*See per diem note on last page
L&M
A0401 Group I, including: 46.93 8.80 11.80 1.53 0.10 69.16
Application of Sealing Compound
Application of Underlayment
Building, General
Cement Finisher
Cement Mason (journeyman)
Concrete
Concrete Paving
Concrete Polishing
Concrete Repair
Curb & Gutter, Sidewalk
Curing of All Concrete
General Concrete Pour Tender
Grouting & Caulking of Tilt -Up Panels
Grouting of All Plates
Patching Concrete
Screed Pin Setter
Screeder or Rodder
Spackling/Skim Coating
L&M
A0402 Group II, including: 46.93 8.80 11.80 1.53 0.10 69.16
Form Setter
L&M
A0403 Group III, including: 46.93 8.80 11.80 1.53 0.10 69.16
Concrete Saw Cutter Operator (All Control Joints and Self -powered)
Curb & Gutter Machine
Floor Grinder
Pneumatic Power Tools
Power Chipping & Bushing
Sand Blasting Architectural Finish
Screed & Rodding Machine Operator
Troweling Machine Operator (all concrete surfaces)
L&M
A0404 Group IV, including: 46.93 8.80 11.80 1.53 0.10 69.16
Acoustical or Imitation Acoustical Finish
Application of All Composition Mastic
Application of All Epoxy Material
Application of All Plastic Material
Finish Colored Concrete
Gunite Nozzleman
Hand Powered Grinder
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 2 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Cement Masons
*See per diem note on last page
L&M
A0404 Group IV, including: 46.93 8.80 11.80 1.53 0.10 69.16
Preparing, scratching and browsing of all ceilings and walls, finished
with terrazo or tile
Tunnel Worker
L&M
A0405 Groun V. including: 46.93 8.80 11.80 1.53 0.10 69.16
Casting and finishing
EIFS Systems
Finishing of all interior and exterior plastering
Fireproofing (Pryocrete, Cafco, Albi-Clad, sprayed fiberglass)
Gypsum, Portland Cement
Kindred material and products
Operation and control of all types of plastering machines, including
power tools and floats, used by the industry
Overcoating and maintenance of interior/exterior plaster surfaces
Plasterer
Veneer plastering process (Rapid Plaster, U.S.G. "Imperial Systems",
and Pabcoat Systems")
Venetian plaster and color -integrated Italian/Middle-Eastern line plaster
Culinary Workers
LEG
A0501 Baker/Cook 29.95 7.53 8.83 46.31
LEG
A0503 General Helper 25.92 7.53 8.83 42.28
Housekeeper
Janitor
Kitchen Helper
A0504 Head Cook
LEG
29.95 7.53 8.83 46.31
LEG
A0505 Head Housekeeper 26.20 7.53 8.83 42.56
Head Kitchen Help
Dredgemen
*See per diem note on last page
L&M
A0601 Assistant Engineer 49.52 11.75 15.50 1.05 0.10 77.92
Craneman
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Dredgemen
*See per diem note on last page
L&M
A0601 Assistant Engineer 49.52 11.75 15.50 1.05 0.10 77.92
Electrical Generator Operator (primary pump/power barge/dredge)
Engineer
Welder
L&M
A0602 Assistant Mate (deckhand) 48.20 11.75 15.50 1.05 0.10 76.60
L&M
A0603 Fireman 48.70 11.75 15.50 1.05 0.10 77.10
L&M
A0605 Leverman Clamshell 52.39 11.75 15.50 1.05 0.10 80.79
L&M
A0606 Leverman Hydraulic 50.39 11.75 15.50 1.05 0.10 78.79
L&M
A0607 Mate & Boatman 49.52 11.75 15.50 1.05 0.10 77.92
L&M
A0608 Oiler (dredge) 48.70 11.75 15.50 1.05 0.10 77.10
Electricians
*See per diem note on last page
L&M LEG
A0701 Inside Cable Splicer 48.94 14.40 14.36 0.95 0.25 0.15 79.05
L&M LEG
A0702 Inside Journeyman Wireman, including: 48.94 14.40 14.36 0.95 0.25 0.15 79.05
Technicians (including use of drones in electrical construction)
L&M LEG
A0703 Power Cable Splicer 70.34 14.40 19.30 0.95 0.25 0.15 105.39
L&M LEG
A0704 Tele Com Cable Splicer 54.03 14.40 18.02 0.95 0.25 0.15 87.80
L&M LEG
A0705 Power Journeyman Lineman, including: 68.59 14.40 19.25 0.95 0.25 0.15 103.59
Power Equipment Operator
Technician (including use of drones in electrical construction)
L&M LEG
A0706 Tele Com Journeyman Lineman, including: 52.28 14.40 17.97 0.95 0.25 0.15 86.00
Technician (including use of drones in telecommunications construction)
Tele Com Equipment Operator
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 4 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Electricians
*See per diem note on last page
L&M LEG
A0707 Straight Line Installer - Repairman 52.28 14.40 17.97 0.95 0.25 0.15 86.00
A0708 Powderman
A0710 Material Handler
L&M LEG
66.59 14.40 19.19 0.95 0.25 0.15 101.53
L&M LEG
28.82 14.52 5.86 0.15 0.15 0.15 49.65
L&M LEG
A0712 Tree Trimmer Groundman 32.26 14.40 14.52 0.15 0.15 0.15 61.63
L&M LEG
A0713 Journeyman Tree Trimmer 41.32 14.40 14.79 0.15 0.15 0.15 70.96
L&M LEG
A0714 Vegetation Control Sprayer 44.92 14.40 14.90 0.15 0.15 0.15 74.67
L&M LEG
A0715 Inside Journeyman Communications CO/PBX 48.94 14.40 14.36 0.95 0.25 0.15 79.05
Elevator Workers
*See per diem note on last page
L&M VAC
A0802 Elevator Constructor 48.00 16.17 20.96 0.75 1.30 5.33 92.51
L&M VAC
A0803 Elevator Constructor Mechanic 68.57 16.17 20.96 0.75 1.30 7.61 115.36
Heat & Frost Insulators/Asbestos Workers
*See per diem note on last page
[ronWorkers
*See per diem note on last page
L&M IAF
A1101 Ironworkers, including: 42.99 10.16 26.45 0.77 0.20 0.24 80.81
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
IAF
LML
A0902
Asbestos Abatement -Mechanical Systems
41.35
9.24
11.12
1.50
0.14
0.05
63.40
IAF
LML
A0903
Asbestos Abatement/General Demolition All Systems
41.35
9.24
11.12
1.50
0.14
0.05
63.40
IAF
LML
A0904
Insulator, Group II
41.35
9.24
11.12
1.50
0.14
0.05
63.40
IAF
LML
A0905
Fire Stop
41.35
9.24
11.12
1.50
0.14
0.05
63.40
[ronWorkers
*See per diem note on last page
L&M IAF
A1101 Ironworkers, including: 42.99 10.16 26.45 0.77 0.20 0.24 80.81
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
lronWorkers
*See per diem note on last page
L&M IAF
A1101 Ironworkers, including: 42.99 10.16 26.45 0.77 0.20 0.24 80.81
Bender Operators
Bridge & Structural
Hangar Doors
Hollow Metal Doors
Industrial Doors
Machinery Mover
Ornamental
Reinforcing
Rigger
Sheeter
Signalman
Stage Rigger
Toxic Haz-Mat Work
Welder
L&M IAF
A1102 Helicopter 43.99 10.16 26.45 0.77 0.20 0.24 81.81
Helicopter (used for rigging and setting)
Tower (energy producing windmill type towers to include nacelle and
blades)
A1103 Fence/Barrier Installer
L&M IAF
39.49 10.16 26.45 0.77 0.20 0.24 77.31
L&M IAF
A1104 Guard Rail Layout Man 40.23 10.16 26.45 0.77 0.20 0.24 78.05
L&M IAF
A1105 Guard Rail Installer 40.49 10.16 26.45 0.77 0.20 0.24 78.31
Laborers (The Alaska areas north of N63 latitude and east of W138 longitude)
*See per diem note on last page
L&M LEG
N1201 Group I, including: 38.25 9.95 21.51 1.65 0.30 0.20 71.86
Asphalt Worker (shovelman, plant crew)
Brush Cutter
Camp Maintenance Laborer
Carpenter Tender or Helper
Choke Setter, Hook Tender, Rigger, Signalman
Concrete Labor (curb & gutter, chute handler, curing, grouting,
screeding)
Crusher Plant Laborer
Demolition Laborer
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 6 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Laborers (The Alaska areas north of N63 latitude and east of W138 longitude)
*See per diem note on last page
L&M LEG
N1201 Group I, including: 38.25 9.95 21.51 1.65 0.30 0.20 71.86
Ditch Digger
Dumpman
Environmental Laborer (hazard/toxic waste, oil spill)
Fence Installer
Fire Watch Laborer
Flagman
Form Stripper
General Laborer
Guardrail Laborer, Bridge Rail Installer
Hydro Seeder Nozzleman
Laborer, Building
Landscaper or Planter
Laying of Mortarless Decorative Block (retaining walls, flowered
decorative block 4 feet or less - highway or landscape work)
Material Handler
Pneumatic or Power Tools
Portable or Chemical Toilet Serviceman
Pump Man or Mixer Man
Railroad Track Laborer
Sandblast, Pot Tender
Saw Tender
Slurry Work
Steam Cleaner Operator
Steam Point or Water Jet Operator
Storm Water Pollution Protection Plan Worker (SWPPP Worker -
erosion and sediment control Laborer)
Tank Cleaning
Utiliwalk & Utilidor Laborer
Watchman (construction projects)
Window Cleaner
L&M LEG
N1202 Group II, including: 39.25 9.95 21.51 1.65 0.30 0.20 72.86
Burning & Cutting Torch
Cement or Lime Dumper or Handler (sack or bulk)
Certified Erosion Sediment Control Lead (CESCL Laborer)
Choker Splicer
Chucktender (wagon, air -track & hydraulic drills)
Concrete Laborer (power buggy, concrete saws, pumperete nozzleman,
vibratorman)
Culvert Pipe Laborer
Cured Inplace Pipelayer
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 7
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Laborers (The Alaska areas north of N63 latitude and east of W138 longitude)
*See per diem note on last page
L&M LEG
N1202 Group II, including: 39.25 9.95 21.51 1.65 0.30 0.20 72.86
Environmental Laborer (asbestos, marine work)
Floor Preparation, Core Drilling
Foam Gun or Foam Machine Operator
Green Cutter (dam work)
Gunite Operator
Hod Carrier
Jackhammer/Chipping Gun or Pavement Breaker
Laser Instrument Operator
Laying of Mortarless Decorative Block (retaining walls, flowered
decorative block over 4 feet - highway or landscape work)
Mason Tender & Mud Mixer (sewer work)
Pilot Car
Pipelayer Helper
Plasterer, Bricklayer & Cement Finisher Tender
Powderman Helper
Power Saw Operator
Railroad Switch Layout Laborer
Sandblaster
Scaffold Building & Erecting
Sewer Caulker
Sewer Plant Maintenance Man
Thermal Plastic Applicator
Timber Faller, Chainsaw Operator, Filer
Timberman
L&M LEG
N1203 Group IIl, including: 40.15 9.95 21.51 1.65 0.30 0.20 73.76
Bit Grinder
Camera/ToolNideo Operator
Guardrail Machine Operator
High Rigger & Tree Topper
High Scaler
Multiplate
Plastic Welding
Slurry Seal Squeegee Man
Traffic Control Supervisor
Welding Certified (in connection with laborer's work)
L&M LEG
N1204 Group IIIA 44.28 9.95 21.51 1.65 0.30 0.20 77.89
Asphalt Raker, Asphalt Belly Dump Lay Down
Drill Doctor (in the field)
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 8 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Laborers (The Alaska areas north of N63 latitude and east of W138 longitude)
*See per diem note on last page
L&M LEG
N1204 Group IIIA 44.28 9.95 21.51 1.65 0.30 0.20 77.89
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)
Pioneer Drilling & Drilling Off Tugger (all type drills)
Pipelayers
Powderman (Employee Possessor)
Storm Water Pollution Protection Plan Specialist (SWPPP Specialist)
Traffic Control Supervisor, DOT Qualified
L&M LEG
N1205 Group IV 27.82 9.95 21.51 1.65 0.30 0.20 61.43
Final Building Cleanup
Permanent Yard Worker
L&M LEG
N1206 Group IIIB 50.11 5.90 21.51 1.65 0.30 0.20 79.67
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)(over 5,000 hours)
Federal Powderman (Responsible Person in Charge)
Grade Checking (setting or transferring of grade marks, line and grade,
GPS, drones)
Pioneer Drilling & Drilling Off Tugger (all type drills)(over 5,000 hours)
Stake Hopper
Laborers (The area that is south of N63 latitude and west of W138 longitude)
*See per diem note on last page
L&M LEG
S1201 Group I, including: 38.25 9.95 21.51 1.65 0.30 0.20 71.86
Asphalt Worker (shovelman, plant crew)
Brush Cutter
Camp Maintenance Laborer
Carpenter Tender or Helper
Choke Setter, Hook Tender, Rigger, Signalman
Concrete Labor (curb & gutter, chute handler, curing, grouting,
screeding)
Crusher Plant Laborer
Demolition Laborer
Ditch Digger
Dumpman
Environmental Laborer (hazard/toxic waste, oil spill)
Fence Installer
Fire Watch Laborer
Flagman
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 9
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Laborers (The area that is south of N63 latitude and west of W138 longitude)
*See per diem note on last page
L&M LEG
S1201 Group I, including: 38.25 9.95 21.51 1.65 0.30 0.20 71.86
Form Stripper
General Laborer
Guardrail Laborer, Bridge Rail Installer
Hydro Seeder Nozzleman
Laborer, Building
Landscaper or Planter
Laying of Mortarless Decorative Block (retaining walls, flowered
decorative block 4 feet or less - highway or landscape work)
Material Handler
Pneumatic or Power Tools
Portable or Chemical Toilet Serviceman
Pump Man or Mixer Man
Railroad Track Laborer
Sandblast, Pot Tender
Saw Tender
Slurry Work
Steam Cleaner Operator
Steam Point or Water Jet Operator
Storm Water Pollution Protection Plan Worker (SWPPP Worker -
erosion and sediment control Laborer)
Tank Cleaning
Utiliwalk & Utilidor Laborer
Watchman (construction projects)
Window Cleaner
L&M LEG
S1202 Group II, including: 39.25 9.95 21.51 1.65 0.30 0.20 72.86
Burning & Cutting Torch
Cement or Lime Dumper or Handler (sack or bulk)
Certified Erosion Sediment Control Lead (CESCL Laborer)
Choker Splicer
Chucktender (wagon, air -track & hydraulic drills)
Concrete Laborer (power buggy, concrete saws, pumperete nozzleman,
vibratorman)
Culvert Pipe Laborer
Cured Inplace Pipelayer
Environmental Laborer (asbestos, marine work)
Floor Preparation, Core Drilling
Foam Gun or Foam Machine Operator
Green Cutter (dam work)
Gunite Operator
Hod Carrier
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 10 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Laborers (The area that is south of N63 latitude and west of W138 longitude)
*See per diem note on last page
L&M LEG
S1202 Group II, including: 39.25 9.95 21.51 1.65 0.30 0.20 72.86
Jackhammer/Chipping Gun or Pavement Breaker
Laser Instrument Operator
Laying of Mortarless Decorative Block (retaining walls, flowered
decorative block over 4 feet - highway or landscape work)
Mason Tender & Mud Mixer (sewer work)
Pilot Car
Pipelayer Helper
Plasterer, Bricklayer & Cement Finisher Tender
Powderman Helper
Power Saw Operator
Railroad Switch Layout Laborer
Sandblaster
Scaffold Building & Erecting
Sewer Caulker
Sewer Plant Maintenance Man
Thermal Plastic Applicator
Timber Faller, Chainsaw Operator, Filer
Timberman
L&M LEG
S1203 Group III, including: 40.15 9.95 21.51 1.65 0.30 0.20 73.76
Bit Grinder
Camera/ToolNideo Operator
Guardrail Machine Operator
High Rigger & Tree Topper
High Scaler
Multiplate
Plastic Welding
Slurry Seal Squeegee Man
Traffic Control Supervisor
Welding Certified (in connection with laborer's work)
L&M LEG
S1204 Group IIIA 44.28 9.95 21.51 1.65 0.30 0.20 77.89
Asphalt Raker, Asphalt Belly Dump Lay Down
Drill Doctor (in the field)
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)
Pioneer Drilling & Drilling Off Tugger (all type drills)
Pipelayers
Powderman (Employee Possessor)
Storm Water Pollution Protection Plan Specialist (SWPPP Specialist)
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 11
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Laborers (The area that is south of N63 latitude and west of W138 longitude)
*See per diem note on last page
L&M LEG
S1204 Group IIIA 44.28 9.95 21.51 1.65 0.30 0.20 77.89
Traffic Control Supervisor, DOT Qualified
L&M LEG
51205 Group IV 27.82 9.95 21.51 1.65 0.30 0.20 61.43
Final Building Cleanup
Permanent Yard Worker
L&M LEG
S1206 Group IIIB 50.11 5.90 21.51 1.65 0.30 0.20 79.67
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)(over 5,000 hours)
Federal Powderman (Responsible Person in Charge)
Grade Checking (setting or transferring of grade marks, line and grade,
GPS, drones)
Pioneer Drilling & Drilling Off Tugger (all type drills)(over 5,000 hours)
Stake Hopper
Millwrights
*See per diem note on last page
L&M
A1251 Millwright (journeyman) 53.56 10.35 10.69 1.10 0.20 0.25 76.15
L&M
A1252 Millwright Welder 54.56 10.35 10.69 1.10 0.20 0.25 77.15
Painters, Region I (North of N63 latitude)
*See per diem note on last page
L&M
N1301 Group I, including: 37.83 9.77 15.10 1.08 0.07 63.85
Brush
General Painter
Hand Taping
Hazardous Material Handler
Lead -Based Paint Abatement
Roll
L&M
N1302 Group II, including: 38.35 9.77 15.10 1.08 0.07 64.37
Bridge Painter
Epoxy Applicator
General Drywall Finisher
Hand/Spray Texturing
Industrial Coatings Specialist
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 12 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Painters, Region I (North of N63 latitude)
*See per diem note on last page
L&M
N1302 Group II, including: 38.35 9.77 15.10 1.08 0.07 64.37
Machine/Automatic Taping
Pot Tender
Sandblasting
Specialty Painter
Spray
Structural Steel Painter
Wallpaper/Vinyl Hanger
N1304 Group IV, including: 43.74 9.77 18.21 1.05 0.05 72.82
Glazier
Storefront/Automatic Door Mechanic
N1305 Group V, including: 39.86 9.77 5.00 1.10 0.10 55.83
Carpet Installer
Floor Coverer
Heat Weld/Cove Base
Linoleum/Soft Tile Installer
N1306 Group VI, including: 70.00 10.79 5.00 1.10 0.10 86.99
Traffic Control Striper
Painters, Region II (South of N63 latitude)
*See per diem note on last page
L&M
51301 Group I, including: 34.47 9.77 16.45 1.08 0.07 61.84
Brush
General Painter
Hand Taping
Hazardous Material Handler
Lead -Based Paint Abatement
Roll
Spray
L&M
51302 Group II, including: 35.72 9.77 16.45 1.08 0.07 63.09
General Drywall Finisher
Hand/Spray Texturing
Machine/Automatic Taping
Wallpaper/Vinyl Hanger
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 13
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Painters, Region II (South of N63 latitude)
*See per diem note on last page
L&M
S1303 Group III, including: 35.82 9.77 16.45 1.08 0.07 63.19
Bridge Painter
Epoxy Applicator
Industrial Coatings Specialist
Pot Tender
Sandblasting
Specialty Painter
Structural Steel Painter
L&M
S1304 Group IV, including: 43.95 9.77 17.25 1.08 0.07 72.12
Glazier
Storefront/Automatic Door Mechanic
L&M
S1305 Group V, including: 39.86 9.77 5.00 1.10 0.10 55.83
Carpet Installer
Floor Coverer
Heat Weld/Cove Base
Linoleum/Soft Tile Installer
S1306 Group VI, including: 70.00 10.79 5.00 1.10 0.10 86.99
Traffic Control Striper
Piledrivers
*See per diem note on last page
A1401 Piledriver
Assistant Dive Tender
Carpenter/Piledriver
Rigger
Sheet Stabber
Skiff Operator
A1402 Piledriver-Welder/Toxic Worker
L&M IAF
44.39 10.35 15.82 1.75 0.20 0.20 72.71
L&M IAF
45.39 10.35 15.82 1.75 0.20 0.20 73.71
L&M IAF
A1403 Remotely Operated Vehicle Pilot/Technician 48.70 10.35 15.82 1.75 0.20 0.20 77.02
Single Atmosphere Suit, Bell or Submersible Pilot
L&M IAF
A1404 Diver (working) **See note on last page 88.50 10.35 15.82 1.75 0.20 0.20 116.82
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 14 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Piledrivers
*See per diem note on last page
L&M IAF
A1405 Diver (standby) **See note on last page 48.70 10.35 15.82 1.75 0.20 0.20 77.02
L&M IAF
A1406 Dive Tender **See note on last page 47.70 10.35 15.82 1.75 0.20 0.20 76.02
L&M IAF
A1407 Welder (American Welding Society, Certified Welding Inspector) 49.95 10.35 15.82 1.75 0.20 0.20 78.27
Plumbers, Region I (North of N63 latitude)
*See per diem note on last page
L&M S&L
N1501 Journeyman Pipefitter 47.16 12.20 18.45 1.75 1.20 80.76
Plumber
Welder
Plumbers, Region II (South of N63 latitude)
*See per diem note on last page
L&M
S1501 Journeyman Pipefitter 44.25 12.38 15.27 1.55 0.20 73.65
Plumber
Welder
Plumbers, Region IIA (1st Judicial District)
*See per diem note on last page
L&M
X1501 Journeyman Pipefitter 43.50 14.17 11.75 2.95 0.24 72.61
Plumber
Welder
Power Equipment Operators
*See per diem note on last page
L&M
A1601 Group I, including: 50.39 11.75 15.50 1.05 0.10 78.79
Asphalt Roller: Breakdown, Intermediate, and Finish
Back Filler
Barrier Machine (Zipper)
Beltcrete with Power Pack & similar conveyors
Bending Machine
Boat Coxswain
Bulldozer
Cableways, Highlines & Cablecars
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 15
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Power Equipment Operators
*See per diem note on last page
L&M
A1601 Group I, including: 50.39 11.75 15.50 1.05 0.10 78.79
Cleaning Machine
Coating Machine
Concrete Hydro Blaster
Cranes (45 tons & under or 150 feet of boom & under (including jib &
attachments))
(a) Hydralifts or Transporters, (all track or truck type)
(b) Derricks
(c) Overhead
Crushers
Deck Winches, Double Drum
Ditching or Trenching Machine (16 inch or over)
Drag Scraper, Yarder, and similar types
Drilling Machines, Core, Cable, Rotary and Exploration
Finishing Machine Operator, Concrete Paving, Laser Screed, Sidewalk,
Curb & Gutter Machine
Grade Checker and/or Line and Grade including Drone
Helicopters
Hover Craft, Flex Craft, Loadmaster, Air Cushion, All -Terrain Vehicle,
Rollagon, Bargecable, Nodwell, & Snow Cat
Hydro Ax, Feller Buncher & similar
Hydro Excavation (Vac -Truck and Similar)
Loaders (2 1/2 yards through 5 yards, including all attachments):
(a) Forklifts (with telescopic boom & swing attachment)
(b) Front End & Overhead, (2-1/2 yards through 5 yards)
(c) Loaders, (with forks or pipe clamp)
(d) Loaders, (elevating belt type, Euclid & similar types)
Material Transfer Vehicle (Elevating Grader, Pickup Machine, and
similar types)
Mechanic, Welder, Bodyman, Electrical, Camp & Maintenance Engineer
Micro Tunneling Machine
Mixers: Mobile type with hoist combination
Motor Patrol Grader
Mucking Machine: Mole, Tunnel Drill, Horizontal/Directional Drill
Operator and/or Shield
Off -Road Hauler (including Articulating and Haul Trucks)
Operator on Dredges
Piledriver Engineer, L.B. Foster, Puller or similar paving breaker
Plant Operator (Asphalt & Concrete)
Power Plant, Turbine Operator 200 k.w & over (power plants or
combination of power units over 300 k.w.)
Remote Controlled Equipment
Scraper (through 40 yards)
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 16 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Power Equipment Operators
*See per diem note on last page
L&M
A1601 Group I, including: 50.39 11.75 15.50 1.05 0.10 78.79
Service Oiler/Service Engineer
Shot Blast Machine
Shovels, Backhoes, Excavators with all attachments, and Gradealls (3
yards & under)
Sideboom (under 45 tons)
Sub Grader (Gurries & similar types)
Tack Tractor
Truck Mounted Concrete Pump, Conveyor/Tele-belt, & Creter
Wate Kole Machine
L&M
A1602 Group IA, including: 52.39 11.75 15.50 1.05 0.10 80.79
Camera/ToolNideo Operator (Slipline)
Certified Welder, Electrical Mechanic, Camp Maintenance Engineer,
Mechanic (over 10,000 hours)
Cranes (over 45 tons or 150 feet including jib & attachments)
(a) Clamshells & Draglines (over 3 yards)
(b) Tower Cranes
Licensed Water/Waste Water Treatment Operator
Loaders (over 5 yards)
Motor Patrol Grader, Dozer, Grade Tractor (finish: when finishing to
final grade and/or to hubs, or for asphalt)
Power Plants (1000 k.w. & over)
Profiler, Reclaimer, and Roto -Mill
Quad
Scrapers (over 40 yards)
Screed
Shovels, Backhoes, Excavators with all attachments (over 3 yards)
Sidebooms (over 45 tons)
Slip Form Paver, C.M.I. & similar types
Topside (Asphalt Paver, Slurry machine, Spreaders, and similar types)
L&M
A1603 Group II, including: 49.52 11.75 15.50 1.05 0.10 77.92
Boiler - Fireman
Cement Hogs & Concrete Pump Operator
Conveyors (except those listed in Group I)
Hoists on Steel Erection, Towermobiles & Air Tuggers
Horizontal/Directional Drill Locator
Locomotives, Rod & Geared Engines
Mixers
Screening, Washing Plant
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 17
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Power Equipment Operators
*See per diem note on last page
L&M
A1603 Group II, including: 49.52 11.75 15.50 1.05 0.10 77.92
Sideboom (cradling rock drill, regardless of size)
Skidder
Trenching Machines (under 16 inches)
Water/Waste Water Treatment Operator
L&M
A1604 Group IIl, including: 48.70 11.75 15.50 1.05 0.10 77.10
"A" Frame Trucks, Deck Winches
Bombardier (tack or tow rig)
Boring Machine
Brooms, Power (sweeper, elevator, vacuum, or similar)
Bump Cutter
Compressor
Farm Tractor
Forklift, Industrial Type
Gin Truck or Winch Truck (with poles when used for hoisting)
Hoists, Air Tuggers, Elevators
Loaders:
(a) Elevating-Athey, Barber Greene & similar types
(b) Forklifts or Lumber Carrier (on construction job sites)
(c) Forklifts, (with tower)
(d) Overhead & Front End, (under 2-1/2 yards)
Locomotives: Dinkey (air, steam, gas & electric) Speeders
Mechanics, Light Duty
Oil, Blower Distribution
Posthole Digger, Mechanical
Pot Fireman (power agitated)
Power Plant, Turbine Operator, (under 200 k.w.)
Pumps, Water
Roller (other than Asphalt)
Saws, Concrete
Skid Hustler
Skid Steer (with all attachments)
Stake Hopper
Straightening Machine
Tow Tractor
L&M
A1605 Group IV, including: 41.66 11.75 15.50 1.05 0.10 70.06
Crane Assistant Engineer/Rig Oiler
Drill Helper
Parts & Equipment Coordinator
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 18 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Power Equipment Operators
*See per diem note on last page
L&M
A1605 Group IV, including: 41.66 11.75 15.50 1.05 0.10 70.06
Spotter
Steam Cleaner
Swamper (on trenching machines or shovel type equipment)
Roofers
*See per diem note on last page
L&M
A1701 Roofer & Watcrproofer 49.62 13.75 3.91 0.81 0.10 0.06 68.25
L&M
A1702 Roofer Material Handler 36.23 13.75 3.91 0.81 0.10 0.06 54.86
Sheet Metal Workers, Region I (North of N63 latitude)
*See per diem note on last page
N1801 Sheet Metal J
Air Balancing and duct cleaning of HVAC systems
Brazing, soldering or welding of metals
Demolition of sheet metal HVAC systems
Fabrication and installation of exterior wall sheathing, siding, metal
roofing, flashing, decking and architectural sheet metal work
Fabrication and installation of heating, ventilation and air conditioning
ducts and equipment
Fabrication and installation of louvers and hoods
Fabrication and installation of sheet metal lagging
Fabrication and installation of stainless steel commercial or industrial
food service equipment
HVAC -R Service Mechanic, servicing and maintaining HVAC -R
Systems
Manufacture, fabrication assembly, installation and alteration of all
ferrous and nonferrous metal work
Metal lavatory partitions
Preparation of drawings taken from architectural and engineering plans
required for fabrication and erection of sheet metal work
Sheet Metal shelving
Sheet Metal venting, chimneys and breaching
Skylight installation
Sheet Metal Workers, Region II (South of N63 latitude)
*See per diem note on last page
L&M
51.93 12.55 15.86 1.80 0.12 82.26
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 19
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Sheet Metal Workers, Region 11(South of N63 latitude)
*See per diem note on last page
L&M
S1801 Sheet Metal Journeyman 47.05 12.55 14.90 2.01 0.43 76.94
Air Balancing and duct cleaning of HVAC systems
Brazing, soldering or welding of metals
Demolition of sheet metal HVAC systems
Fabrication and installation of exterior wall sheathing, siding, metal
roofing, flashing, decking and architectural sheet metal work
Fabrication and installation of heating, ventilation and air conditioning
ducts and equipment
Fabrication and installation of louvers and hoods
Fabrication and installation of sheet metal lagging
Fabrication and installation of stainless steel commercial or industrial
food service equipment
HVAC -R Service Mechanic, servicing and maintaining HVAC -R
Systems
Manufacture, fabrication assembly, installation and alteration of all
ferrous and nonferrous metal work
Metal lavatory partitions
Preparation of drawings taken from architectural and engineering plans
required for fabrication and erection of sheet metal work
Sheet Metal shelving
Sheet Metal venting, chimneys and breaching
Skylight installation
Sprinkler Fitters
*See per diem note on last page
L&M
A1901 Sprinkler Fitter 54.01 11.45 18.25 0.52 0.25 84.48
Surveyors
*See per diem note on last page
L&M
A2001 Chief of Parties 57.54 12.98 14.14 1.25 0.10 86.01
L&M
A2002 Party Chief 53.55 12.98 14.14 1.25 0.10 82.02
L&M
A2003 Line & Grade Technician/Office Technician/GPS, Drones 50.65 12.98 14.14 1.25 0.10 79.12
L&M
A2004 Associate Party Chief (including Instrument Person & Head Chain 48.29 12.98 14.14 1.25 0.10 76.76
Person)/Stake Hop/Grademan
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 20 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Surveyors
*See per diem note on last page
L&M
A2006 Chain Person (for crews with more than 2 people) 43.46 12.98 14.14 1.25 0.10 71.93
Truck Drivers
*See per diem note on last page
L&M
A2101 Group I, including: 49.51 12.98 14.14 1.25 0.10 77.98
Air/Sea Traffic Controllers
Ambulance/Fire Truck Driver (EMT certified)
Boat Coxswain
Captains & Pilots (air & water)
Deltas, Commanders, Rollagons, & similar equipment (when pulling
sleds, trailers or similar equipment)
Dump Trucks (including articulating end dumps, rockbuggy, side dump,
belly dump, & trucks with pups) over 40 yards up to & including 60 yards
Fueler
Helicopter Transporter
Liquid Vac Truck/Super Vac Truck
Material Coordinator or Purchasing Agent
Oil Distributor Truck
Ready -mix (over 12 yards up to & including 15 yards) (over 15 yards to
be negotiated)
Semi with Double Box Mixer
Tireman, Medium Duty (Truck Tires up to 1200-24")
Water Wagon (250 Bbls and above)
L&M
A2102 Group IA including: 50.92 12.98 14.14 1.25 0.10 79.39
Dump Trucks (including rockbuggy, side dump, belly dump & trucks
with pups) over 60 yards up to & including 100 yards (over 100 yards to
be negotiated)
Jeeps (driver under load)
Lowboys, including tractor attached trailers & jeeps, up to & including
12 axles (over 12 axles or 150 tons to be negotiated)
Tireman Heavy Duty (earthmover tires, i.e., loader, scraper, haul truck)
L&M
A2103 Group II, including: 48.10 12.98 14.14 1.25 0.10 76.57
All Deltas, Commanders, Rollagons, & similar equipment
Batch Trucks (8 yards & up)
Batch Trucks (up to & including 7 yards)
Boom Truck/Knuckle Truck (over 5 tons)
Cacasco Truck/Heat Stress Truck
Construction and Material Safety Technician
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 21
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Truck Drivers
*See per diem note on last page
L&M
A2103 Group II, including: 48.10 12.98 14.14 1.25 0.10 76.57
Dump Trucks (including articulating end dump, rockbuggy, side dump,
belly dump, & trucks with pups) over 20 yards up to & including 40 yards
Gin Pole Truck, Winch Truck, Wrecker (truck mounted "A" frame
manufactured rating over 5 tons)
Mechanics
Partsman
Ready -mix (up to & including 12 yards)
Stringing Truck
Turn -O -Wagon or DW -10 (not self loading)
L&M
A2104 Group III, including: 47.19 12.98 14.14 1.25 0.10 75.66
Boom Truck/Knuckle Truck (up to & including 5 tons)
Dump Trucks (including articulating end dump, rockbuggy, side dump,
belly dump, & trucks with pups) over 10 yards up to & including 20 yards
Expeditor (electrical & pipefitting materials)
Gin Pole Truck, Winch Truck, Wrecker (truck mounted "A" frame
manufactured rating 5 tons & under)
Greaser - Shop
Semi or Truck & Trailer
Thermal Plastic Layout Technician
Traffic Control Technician
Trucks/Jeeps (push or pull)
L&M
A2105 Group IV, including: 46.55 12.98 14.14 1.25 0.10 75.02
Air Cushion or similar type vehicle
All Terrain Vehicle
Buggymobile
Bull Lift & Fork Lift, Fork Lift with Power Boom & Swing Attachment
(over 5 tons)
Bus Operator (over 30 passengers)
Cement Spreader, Dry
Combination Truck -Fuel & Grease
Compactor (when pulled by rubber tired equipment)
Dump Trucks (including rockbuggy, side dump, belly dump, & trucks
with pups) up to & including 10 yards
Dumpster
Expeditor (general)
Fire Truck/Ambulance Driver
Flat Beds, Dual Rear Axle
Foam Distributor Truck Dual Axle
Front End Loader with Fork
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 22 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Truck Drivers
*See per diem note on last page
L&M
A2105 Group IV, including: 46.55 12.98 14.14 1.25 0.10 75.02
Grease Truck
Hydro Seeder, Dual Axle
Hyster Operators (handling bulk aggregate)
Loadmaster (air & water operations)
Lumber Carrier
Ready -mix, (up to & including 7 yards)
Rigger (air/water/oilfield)
Tireman, Light Duty
Track Truck Equipment
Truck Vacuum Sweeper
Warehouseperson
Water Truck (Below 250 Bbls)
Water Truck (straight)
Water Wagon, Semi
L&M
A2106 Group V, including: 45.70 12.98 14.14 1.25 0.10 74.17
Buffer Truck
Bull Lifts & Fork Lifts, Fork Lifts with Power Boom & Swing
Attachments (up to & including 5 tons)
Bus Operator (up to 30 passengers)
Farm Type Rubber Tired Tractor (when material handling or pulling
wagons on a construction project)
Flat Beds, Single Rear Axle
Foam Distributor Truck Single Axle
Fuel Handler (stationibulk attendant)
Gear/Supply Truck
Gravel Spreader Box Operator on Truck
Hydro Seeder, Single Axle
Pickups (pilot cars & all light-duty vehicles)
Rigger
Swamper
Tack Truck (welders/gear)
Team Drivers (horses, mules, & similar equipment)
Tunnel Workers, Laborers (The Alaska areas north of N63 latitude and east of W138 longitude)
*See per diem note on last page
L&M LEG
N2201 Group I, including: 42.08 9.95 21.51 1.65 0.30 0.20 75.69
Brakeman
Mucker
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 23
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Tunnel Workers, Laborers (The Alaska areas north of N63 latitude and east of W138 longitude)
*See per diem note on last page
L&M LEG
N2201 Group I, including: 42.08 9.95 21.51 1.65 0.30 0.20 75.69
Nipper
Storm Water Pollution Protection Plan Worker (SWPPP Worker -
erosion and sediment control Laborer)
Topman & Bull Gang
Tunnel Track Laborer
L&M LEG
N2202 Group II, including: 43.18 9.95 21.51 1.65 0.30 0.20 76.79
Burning & Cutting Torch
Certified Erosion Sediment Control Lead (CESCL Laborer)
Concrete Laborer
Floor Preparation, Core Drilling
Jackhammer/Chipping Gun or Pavement Breaker
Laser Instrument Operator
Nozzlemen, Pumperete or Shotcrete
Pipelayer Helper
L&M LEG
N2203 Group III, including: 44.17 9.95 21.51 1.65 0.30 0.20 77.78
Miner
Retimberman
L&M LEG
N2204 Group IIIA, including: 48.71 9.95 21.51 1.65 0.30 0.20 82.32
Asphalt Raker, Asphalt Belly Dump Lay Down
Drill Doctor (in the field)
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)
Pioneer Drilling & Drilling Off Tugger (all type drills)
Pipelayer
Powderman (Employee Possessor)
Storm Water Pollution Protection Plan Specialist (SWPPP Specialist)
Traffic Control Supervisor, DOT Qualified
L&M LEG
N2206 Group IIIB, including: 55.12 5.90 21.51 1.65 0.30 0.20 84.68
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)(over 5,000 hours)
Federal Powderman (Responsible Person in Charge)
Grade Checking (setting or transferring of grade marks, line and grade,
GPS, drones)
Pioneer Drilling & Drilling Off Tugger (all type drills)(over 5,000 hours)
Stake Hopper
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 24 Issue 48, Effective April 1, 2024
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Tunnel Workers, Laborers (The area that is south of N63 latitude and west of W138 longitude)
*See per diem note on last page
L&M LEG
S2201 Group I, including: 42.08 9.95 21.51 1.65 0.30 0.20 75.69
Brakeman
Mucker
Nipper
Storm Water Pollution Protection Plan Worker (SWPPP Worker -
erosion and sediment control Laborer)
Topman & Bull Gang
Tunnel Track Laborer
L&M LEG
S2202 Group II, including: 43.18 9.95 21.51 1.65 0.30 0.20 76.79
Burning & Cutting Torch
Certified Erosion Sediment Control Lead (CESCL Laborer)
Concrete Laborer
Floor Preparation, Core Drilling
Jackhammer/Chipping Gun or Pavement Breaker
Laser Instrument Operator
Nozzlemen, Pumperete or Shotcrete
Pipelayer Helper
L&M LEG
S2203 Group IIl, including: 44.17 9.95 21.51 1.65 0.30 0.20 77.78
Miner
Retimberman
L&M LEG
S2204 Group IIIA, including: 48.71 9.95 21.51 1.65 0.30 0.20 82.32
Asphalt Raker, Asphalt Belly Dump Lay Down
Drill Doctor (in the field)
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)
Pioneer Drilling & Drilling Off Tugger (all type drills)
Pipelayer
Powderman (Employee Possessor)
Storm Water Pollution Protection Plan Specialist (SWPPP Specialist)
Traffic Control Supervisor, DOT Qualified
L&M LEG
52206 Group IIIB, including: 55.12 5.90 21.51 1.65 0.30 0.20 84.68
Driller (including, but not limited to wagon drills, air -track drills,
hydraulic drills)(over 5,000 hours)
Federal Powderman (Responsible Person in Charge)
Grade Checking (setting or transferring of grade marks, line and grade,
GPS, drones)
Pioneer Drilling & Drilling Off Tugger (all type drills)(over 5,000 hours)
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Issue 48, Effective April 1, 2024 Page 25
Class
Code Classification of Laborers & Mechanics BHR H&W PEN TRN Other Benefits THR
Tunnel Workers, Laborers (The area that is south of N63 latitude and west of W138 longitude)
*See per diem note on last page
L&M LEG
S2206 Group IIIB, including: 55.12 5.90 21.51 1.65 0.30 0.20 84.68
Stake Hopper
Tunnel Workers, Power Equipment Operators
*See per diem note on last page
* Per diem is an established practice for this classification. This means that per diem is an allowable alternative to board and
lodging if all criteria are met. See 8 AAC 30.051-08 AAC 30.056, and the per diem information on page vii of this Pamphlet.
** Work in combination of classifications: Employees working in any combination of classifications within the diving crew
(working diver, standby diver, and tender) in a shift are paid in the classification with the highest rate for a minimum of 8 hours
per shift.
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 26 Issue 48, Effective April 1, 2024
L&M
A2207
Group I
55.43 11.75
15.50
1.05
0.10
83.83
L&M
A2208
Group IA
57.63 11.75
15.50
1.05
0.10
86.03
L&M
A2209
Group II
54.47 11.75
15.50
1.05
0.10
82.87
L&M
A2210
Group III
53.57 11.75
15.50
1.05
0.10
81.97
L&M
A2211
Group IV
45.83 11.75
15.50
1.05
0.10
74.23
* Per diem is an established practice for this classification. This means that per diem is an allowable alternative to board and
lodging if all criteria are met. See 8 AAC 30.051-08 AAC 30.056, and the per diem information on page vii of this Pamphlet.
** Work in combination of classifications: Employees working in any combination of classifications within the diving crew
(working diver, standby diver, and tender) in a shift are paid in the classification with the highest rate for a minimum of 8 hours
per shift.
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG=legal fund; L&M=labor/management fund;
PEN=pension fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN=training; THR=total hourly rate; VAC=vacation
Page 26 Issue 48, Effective April 1, 2024
Shipyard Rates Addendum
This Addendum was developed to address the specialized industry of shipbuilding/repair in Alaska, as it relates to public works. For
the purposes of providing rates for shipyard work the Department is adopting Shipyard rates from the state of Washington ( King
County ). These rates only apply to work done in shipbuilding/repair in Alaska, under a public contract. This addendum will be
updated two times a year to coincide with the corresponding Issue of Laborers and Mechanics MINIMUM RATES OF PAY.
Class
Code
BHR H&W PEN TRN Other Benefits THR
Shipyard Workers
*See total hourly(THR) note below
A2300
Ship Boilermaker
51.85
A2305
Ship Carpenter
51.85
A2310
Ship Crane Operator
45.06
A2315
Ship Electrician
51.85
A2320
Ship Heat & Frost Insulator
87.15
A2325
Ship Laborer
51.85
A2330
Ship Mechanist
51.85
A2335
Ship Operating Engineer
45.06
A2340
Ship Painter
51.95
A2345
Ship Pipefitter
51.85
A2350
Ship Rigger
51.85
A2355
Ship Sheet Metal
51.85
A2360
Ship Shipwright
51.85
A2365
Ship Warehouse
45.06
*The THR includes the base hourly rate (BHR) and fringe benefits. Employers must pay a BHR and fringe benefit package that adds up to the THR. Fringe
benefits included in the THR can be paid to employees in three ways; paid into a union trust fund, into an approved benefit plan, or paid directly on the
paycheck as gross wages.
Wage benefits key: BHR=basic hourly rate; H&W=health and welfare; IAF=industry advancement fund; LEG—legal fund; L&M=labor/management fund; PEN=pension
fund; SAF=safety; SUI=supplemental unemployment insurance; S&L=SUI & LEG combined; TRN--training; THR--total hourly rate; VAC=vacation
Page 27 Shipyard Rates Addendum Issue 48, Effective April 1, 2024
Title 36
Public Contracts
Wage and Hour
Administration
Pamphlet 400
Statutes
Regulations
January 2021
Alaska Department of Labor
and Workforce Development
Labor Standards and Safety Division
�o
ALASKA DEPARTMENT OF LABOR
& WORKFORCE DEVELOPMENT
Anchorage
Alaska Department of Labor and Workforce Development
Wage and Hour Administration
1251 Muldoon Road, Suite 113
Anchorage, AK 99504
Phone: (907) 269-4900
Fax: (907) 269-4915
Email: statewide.wagehour@alaska.gov
Fairbanks
Juneau
Alaska Department of Labor and Workforce Development
Wage and Hour Administration
675 Seventh Avenue, Station J-1
Fairbanks, AK 99701
Phone: (907) 451-2886
Fax: (907) 451-2885
Email: statewide.wagehour@alaska.gov
Alaska Department of Labor and Workforce Development
Wage and Hour Administration
P.O. Box 111149
Juneau, AK 99811-1149
Phone: (907) 465-4842 Fax: (907) 465-3584
Email: statewide.wagehour@alaska.gov
If you would like to receive Wage and Hour Administration regulation notices or publications
information, they are available via electronic mail, by signing up in the GovDelivery System,
https://public.govdelivery.com/accounts/AKDOL/subscriber/new and selecting topics LSS -
Wage and Hour - Forms and Publications or LSS - Wage and Hour Regulations.
Publications are also available online at http://Iabor.alaska.gov/lss/home.htm
The Alaska Department of Labor and Workforce Development is focused on putting Alaskans to work.
An important part of that mission is to ensure that working conditions and wage payment practices are
legal. This publication, Pamphlet 400, Title 36, Public Contracts, is designed to assist employers and
employees by providing the applicable laws and regulations.
This pamphlet is set out in two sections. The first section contains the Alaska Statutes (pages 1-9), and
the second section contains the Alaska Administrative Code or regulations (pages 10-23). The index of
topics on page 24 should provide assistance in locating all of the places a particular topic is referenced.
When reviewing the subjects contained in this pamphlet, keep in mind that the statutes carry the greater
weight. The regulations have been established to further clarify and interpret language used in the
statutes.
Many wage and hour issues are complex. Please take advantage of the Wage and Hour Administration's
cost-free counseling services to answer your questions regarding this pamphlet and Alaska's labor laws.
You may call or come in to the nearest Wage and Hour Administration office, Monday through Friday,
during regular business hours and a wage and hour investigator will be happy to assist you. Addresses
and phone numbers for these offices are listed on the first page of this pamphlet.
For additional copies of this pamphlet, contact the nearest Wage and Hour Administration office in
Anchorage, Juneau, or Fairbanks, or you may download and print this pamphlet from our internet site
at: http://Iabor.alaska.gov/lss/forms/Pam400.pdf
11
TITLE 36. Public Contracts
Wage and Hour Administration
Pamphlet 400 - Statutes and Regulations
January 2021
State of Alaska
Alaska Department of Labor and Workforce Development
Labor Standards and Safety Division
Table of Contents
Wage and Hour Administration Offices
Alaska Statutes — Title 36
Chapter 05. Wages and Hours of Labor......................................................................................1
Chapter 10. Employment Preference.............................................................................................. 3
Chapter 15. Alaska Product Preferences....................................................................................... 8
Chapter 25. Contractors' Bonds..................................................................................................... 8
Chapter 95. General Provisions..................................................................................................... 9
Alaska Administrative Code — Title 8
Chapter 30 Public Contracts......................................................................................................... 10
Article1. Wages and Hours............................................................................................................... 10
Article2. Wage Scale...........................................................................................................12
Article 3. Employment Preference............................................................................................ 13
Article 4. Investigations and Hearings....................................................................................... 17
Article5. Debarment......................................................................................................................18
Article 6. General Provisions.................................................................................................... 20
Index............................................................................................................................................................... 24
ifi
Disclaimer:
Note to Readers: The statutes and administrative regulations listed in this publication
were taken from the official codes, as of the effective date of the publication. However,
there may be errors or omissions that have not been identified and changes that occurred
after the publication was printed. This publication is intended as an informational
guide only and is not intended to serve as a precise statement of the statutes and
regulations of the State of Alaska. To be certain of the current laws and
regulations, please refer to the official codes.
Sec. 36.05.005
ALASKA STATUTES
TITLE 36. PUBLIC CONTRACTS
CHAPTER 05. WAGES AND HOURS OF LABOR.
Section:
05. Applicability
10. Wage rates on public construction
20. Basis for determining wage
30. Authority
35. Notification of contract awards
40. Filing schedule of employees, wages paid, and
other information
45. Notice of work and completion; withholding of
payment
60. Penalty for violation of this chapter
70. Wage rates in specifications and contacts for
public works
80. Failure to pay agreed wages
90. Payment of wages from withheld payments and
listing contractors who violate contracts
100. Effect of AS 36.05.070-36.05.110 on other laws
110. Contracts entered into without advertising
This chapter was modeled after the federal
Davis -Bacon Act. 40 U.S.C. § 276a et seq. Fowler
v. Cityof Anchorage, Sup. Ct. Op. No. 1699 (File No.
3586), 583 p.2d 817 (1978).
Sec. 36.05.005. Applicability.
This chapter applies only to a public construction contract
that exceeds $25,000.
(§ 1 ch 28 SLA 2011)
Sec. 36.05.010. Wage rates on public construction.
A contractor or subcontractor who performs work on a
public construction contract in the state shall pay not less
than the current prevailing rate of wages for work of a
similar nature in the region in which the work is done. The
current prevailing rate of wages is that contained in the
latest determination of prevailing rate of wages issued by
the Department of Labor and Workforce Development at
least 10 days before the final date for submission of bids
for the contract. The rate shall remain in effect for the life
of the contract or for 24 calendar months, whichever is
shorter. At the end of the initial 24 -month period, if new
wage determinations have been issued by the
department, the latest wage determination shall become
effective for the next 24 -month period or until the contract
is completed whichever occurs first. This process shall be
repeated until the contract is completed.
(§ 14-2-1 ACLA 1949; am § 1 ch 142 SLA 1972; am § 1
ch 89 SLA 1976; am § 1 ch 69 SLA 1993; am § 1 ch 28
SLA 2011)
Sec. 36.05.040
Sec. 36.05.020. Basis for determining wage.
A subcontract that is performed on public construction
may be reduced to a basis of day labor for the purpose of
determining whether or not the subcontractor or
contractors have paid at not less than the prevailing scale
of wage.
(§ 14-2-2 ACLA 1949)
Sec. 36.05.030. Authority; investigations; hearings;
regulations; enforcement.
(a) The Department of Labor and Workforce
Development has the authority to determine the prevailing
wage, and whether or not this chapter is being violated.
The department may when necessary for the enforcement
of this chapter
(1) conduct investigations and hold hearings
concerning wages;
(2) compel the attendance of witnesses and the
production of books, papers and documents;
(3) adopt regulations.
(b) If a person violates this chapter the attorney
general shall, when requested by the Department of
Labor and Workforce Development, enforce these
provisions.
(§ 14-2-3 ACLA 1949; am § 2 ch 142 SLA 1972)
Sec. 36.05.035. Notification of contract awards.
Upon awarding a public construction contract, the state or
a political subdivision of the state shall
(1) immediately notify the commissioner of labor
and workforce development of the amount of the contract,
the effective date of the contract, the identity of the
contractor and all subcontractors, the site or sites of
construction and provide a project description; and
(2) verify that the bonding requirements of
AS 36.25 have been met and that the requirements of
AS 08.18 have been met.
(§ 3 ch 142 SLA 1972)
Sec. 36.05.040. Filing schedule of employees, wages
paid, and other information.
All contractors or subcontractors who perform work on a
public construction contract for the state or for a political
subdivision of the state shall, before the Friday of every
second week, file with the Department of Labor and
Workforce Development a sworn affidavit for the previous
reporting period, setting out in detail the number of
persons employed, wages paid, job classification of each
employee, hours worked each day and week, and other
information on a form provided by the Department of
Labor and Workforce Development.
(§ 14-2-4 ACLA 1949; am § 4 ch 142 SLA 1972; am § 1
ch 111 SLA 2003)
Sec. 36.05.045
Sec. 36.05.045. Notice of work and completion;
withholding of payment.
(a) Before commencing work on a public construction
contract, the person entering into the contract with a
contracting agency shall designate a primary contractor
for purposes of this section. Before work commences, the
primary contractor shall file a notice of work with the
Department of Labor and Workforce Development. The
notice of work must list work to be performed under the
public construction contract by each contractor who will
perform any portion of work on the contract and the
contract price being paid to each contractor. The primary
contractor shall pay all filing fees for each contractor
performing work on the contract, including a filing fee
based on the contract price being paid for work performed
by the primary contractor's employees. The filing fee
payable shall be the sum of all fees calculated for each
contractor. The filing fee shall be one percent of each
contractor's contract price. The total filing fee payable by
the primary contractor under this subsection may not
exceed $5,000. In this subsection, "contractor" means an
employer who is using employees to perform work on the
public construction contract under the contract or a
subcontract.
(b) Upon completion of all work on the public
construction contract, the primary contractor shall file with
the Department of Labor and Workforce Development a
notice of completion together with payment of any
additional filing fees owed due to increased contract
amounts. Within 30 days after the department's receipt
of the primary contractor's notice of completion, the
department shall inform the contracting agency of the
amount, if any, to be withheld from the final payment.
(c) A contracting agency
(1) may release final payment on a public
construction contract to the extent that the agency has
received verification from the Department of Labor and
Workforce Development that
(A) the primary contractor has complied with
(a) and (b) of this section;
(B) the Department of Labor and Workforce
Development is not conducting an investigation under this
title; and
(C) the Department of Labor and Workforce
Development has not issued a notice of a violation of this
chapter to the primary contractor or any other contractors
working on the public construction contract; and
(2) shall withhold from the final payment an
amount sufficient to pay the department's estimate of
what may be needed to compensate the employees of
any contractors under investigation on this construction
contract, and any unpaid filing fees.
(d) The notice and filing fee required under (a) of this
section may be filed after work has begun if
(1) the public construction contract is for work
undertaken in immediate response to an emergency; and
(2) the notice and fees are filed not later than 14
days after the work has begun.
Sec. 36.05.080
(e) A false statement made on a notice required by
this section is punishable under AS 11.56.210.
(§ 2 ch 111 SLA 2003; am § 1 ch 28 SLA 2011)
Sec. 36.05.050. Hours to constitute day's work.
[Repealed by § 1 ch 3 SLA 1973.]
Sec. 36.05.060. Penalty for violation of this chapter.
A contractor who violates this chapter is guilty of a
misdemeanor, and upon conviction is punishable by a fine
of not less than $100 nor more than $1,000, or by
imprisonment for not less than 10 days nor more than 90
days, or by both. Each day a violation exists constitutes
a separate offense.
(§ 14-2-6 ACLA 1949; am § 6 ch 142 SLA 1972)
Sec. 36.05.070. Wage rates in specifications and
contracts for public works.
(a) The advertised specifications for a public
construction contract that requires or involves the
employment of mechanics, laborers, or field surveyors
must contain a provision stating the minimum wages to be
paid various classes of laborers, mechanics, or field
surveyors and that the rate of wages shall be adjusted to
the wage rate under AS 36.05.010.
(b) Repealed by § 17 ch 142 SLA 1972.
(c) A public construction contract under (a) of this
section must contain provisions that
(1) the contractor or subcontractors of the
contractor shall pay all employees unconditionally and not
less than once a week;
(2) wages may not be less than those stated in
the advertised specifications, regardless of the
contractual relationship between the contractor or
subcontractors and laborers, mechanics, or field
surveyors;
(3) the scale of wages to be paid shall be posted
by the contractor in a prominent and easily accessible
place at the site of the work;
(4) the state or a political subdivision shall
withhold so much of the accrued payments as is
necessary to pay to laborers, mechanics, or field
surveyors employed by the contractor or subcontractors
the difference between
(A) the rates of wages required by the
contract to be paid laborers, mechanics, or field surveyors
on the work; and
(B) the rates of wages in fact received by
laborers, mechanics or field surveyors.
(§ 1 ch 52 SLA 1959; am §§ 7, 8, 17 ch 142 SLA 1972;
am § 2 ch 89 SLA 1976; am § 1 ch 28 SLA 2011)
Sec. 36.05.080. Failure to pay agreed wages.
Every contract within the scope of AS 36.05.070 shall
contain a provision that if it is found that a laborer,
mechanic, or field surveyor employed by the contractor or
subcontractor has been or is being paid a rate of wages
less than the rate of wages required by the contract to be
paid, the state or its political subdivision may, by written
notice to the contractor, terminate the contractor's right to
Sec. 36.05.080
proceed with the work or the part of the work for which
there is a failure to pay the required wages and to
prosecute the work to completion by contract or
otherwise, and the contractor and the contractor's
sureties are liable to the state or its political subdivision
for excess costs for completing the work.
(§2 Ch 52 SLA 1959)
Sec. 36.05.090. Payment of wages from withheld
payments and listing contractors who violate
contracts.
(a) The state disbursing officer in the case of a state
public construction contract and the local fiscal officer in
the case of a political subdivision public construction
contract shall pay directly to laborers, mechanics, or field
surveyors from accrued payments withheld under the
terms of the contract the wages due laborers, mechanics,
or field surveyors under AS 36.05.070.
(b) The state disbursing officer or the local fiscal
officer shall distribute to all departments of the state
government and to all political subdivisions of the state a
list giving the names of persons who have disregarded
their obligations to employees. A person appearing on
this list and a firm, corporation, partnership or association
in which the person has an interest may not work as a
contractor or subcontractor on a public construction
contract for the state or a political subdivision of the state
until three years after the date of publication of the list. If
the accrued payments withheld under the contract are
insufficient to reimburse all the laborers, mechanics, or
field surveyors with respect to whom there has been a
failure to pay the wages required under AS 36.05.070, the
laborers, the mechanics or field surveyors have the right
of action or intervention or both against the contractor and
the contractor's sureties conferred by law upon persons
furnishing labor or materials, and in the proceedings it is
not a defense that the laborers, mechanics or field
surveyors accepted or agreed to accept less than the
required rate of wages or voluntarily made refunds.
(§ 3 ch 52 SLA 1959; am § 9 ch 142 SLA 1972; am § 1 ch
28 SLA 2011)
Sec. 36.05.100. Effect of AS 36.05.070 - 36.05.110 on
other laws.
AS 36.05.070 - 36.05.110 do not supersede or impair
authority granted by state law to provide for the
establishment of specific wage rates.
(§ 4 ch 52 SLA 1959; am § 10 ch 142 SLA 1972)
Sec. 36.05.110. Contracts entered into without
advertising.
The fact that a public construction contract authorized by
law is entered into upon a cost-pl u s -a -fixed -fee basis or
otherwise, without advertising for proposals, does not
make AS 36.05.070 - 36.05.110 inapplicable if those
sections are otherwise applicable to the contract.
(§ 5 ch 52 SLA 1959; am § 1 ch 28 SLA 2011)
Sec. 36.05.120. Regulations governing contractors.
[Repealed by § 17 ch 142 SLA 1972.]
3
Sec. 36.10.005
ARTICLE 2. GENERAL PROVISIONS
Section:
900. Definition
Sec. 36.05.900. Definition.
In this chapter, "contracting agency" means the state or a
political subdivision of the state that has entered into a
public construction contract with a contractor.
(§ 3 ch 111 SLA 2003)
CHAPTER 10. EMPLOYMENT PREFERENCE
Section:
05. Legislative Findings
07. State policy
20. Apprentices
30. Reduction of work force
40. Application to contracts involving federal funds
70. Unavailability of preferred workers
75. Duties of commissioner of Labor and Workforce
Development
76. Duties of state or political subdivision
80. Chapter incorporated in contracts
90. Publication of list of violators
100. Penalty
120. Investigations and hearings 900. Effect of judicial
decisions
125. Enforcement
130. Resident hire report
140. Eligibility for preference
150. Determination of zone of underemployment
160. Preference for residents of economically
distressed zones (Deleted)
170. Preference for economically disadvantaged
minority residents (Deleted)
175. Preference for economically disadvantaged female
(Deleted)
180. Projects subject to preference
190. Reporting provisions
200. Criminal penalties
210. Civil penalties
900. Effect of judicial decisions
990. Definitions
Sec. 36.10.005. Legislative findings.
(a) The legislature finds that
(1) because of its unique climate and its distance
from the contiguous states, the state has historically
suffered from unique social, seasonal, geographic, and
economic conditions that result in an unstable economy;
(2) the unstable economy is a hardship on the
residents of the state and is aggravated by the large
numbers of seasonal and transient nonresident workers;
(3) the rate of unemployment among residents of
the state is one of the highest in the nation;
(4) the state has one of the highest ratios of
nonresident to resident workers in the nation;
Sec. 36.10.005
(5) the state has a compelling interest in reducing
the level of unemployment among its residents;
(6) the construction industry in the state accounts
for a substantial percentage of the available employment;
(7) construction workers receive a greater
percentage of all unemployment benefits paid by the state
than is typical of other states;
(8) historically, the rate of unemployment in the
construction industry in the state is higher than the rate of
unemployment in other industries in the state;
(9) it is appropriate for the state to consider the
welfare of its residents when it funds construction activity;
(10) it is in the public interest for the state to
allocate public funds for capital projects in order to reduce
unemployment among its resident construction workers;
(11) the influx of nonresident construction
workers contributes to or causes the high unemployment
rate among resident construction workers because
nonresident workers compete with residents for the
limited number of available construction jobs;
(12) nonresident workers displace a substantial
number of qualified, available, and unemployed Alaska
workers on jobs on state funded public works projects;
(13) the state has a special interest in seeing that
the benefits of state construction spending accrue to its
residents;
(14) the natural resources of land owned by the
state belong to the citizens of the state;
(15) Alaskans have chosen to use the majority of
the royalties derived from the state's natural resources to
fund state government;
(16) the vast majority of the state's revenue is
derived from natural resource income rather than from
other forms of taxation;
(17) because the state has no personal income
tax or sales tax, nonresident workers use services
provided by the state but do not contribute fairly to the
costs of those services; and
(18) Alaskans, more than the residents of other
states, suffer economically when nonresidents displace
qualified residents since resident workers contribute local
taxes as well as their share of the royalties from natural
resources.
(b) The legislature further finds that
(1) the state and its political subdivisions, when
acting as a market participant in funding public works
projects, should give Alaska residents an employment
preference to promote a more stable economy;
(2) the state and its political subdivisions have a
duty of loyalty to their citizens and should fulfill this duty
by giving residents preference for employment on public
works projects they fund;
(3) there is a legitimate and compelling
governmental interest and that the public health and
welfare will suffer if state residents are not afforded
employment preference in state funded construction
related work.
4
Sec. 36.10.060
(c) The legislature finds that the following factors are
reasonable but not exclusive indicators of the ratio of
nonresident to resident employees in the state:
(1) the ratio of applicants for unemployment
insurance who list out-of-state residences to applicants
who list residences in the state;
(2) the ratio of employees who are subject to
unemployment insurance coverage and who did not apply
for or were denied a permanent fund dividend to
employees who were found eligible for a dividend.
(d) The legislature finds that
(1) the number of state residents who are unable
to find work is considerably higher than is reflected by
unemployment rates based on nationally accepted
measures;
(2) many rural state residents who wish to work
do not seek employment as frequently as necessary to
meet federal definitions of unemployment because of
continuing lack of employment opportunities in rural areas
of the state.
(§ 1 ch 69 SLA 1985; am § 2 ch 33 SLA 1986)
Sec. 36.10.006. Statement of purpose.
[Repealed § 16 ch 20 SLA 2002.1
Sec. 36.10.007. State policy.
It is the policy of this state that, to fulfill the duty of loyalty
owed to its citizens and to remedy social or economic
problems, the state will grant an employment preference
to residents when the state is acting as a market
participant.
(§ 1 ch 69 SLA 1985)
Sec. 36.10.010. Employment preference.
[Repealed § 11 ch 33 SLA 1986.1
Sec. 36.10.020. Apprentices.
Apprentices must be properly registered apprentices in
their particular craft.
(§ 1c ch 177 SLA 1960)
Sec. 36.10.030. Reduction of work force.
When a work force is reduced, resident workers, except
supervisory personnel, shall be terminated last.
(§ 1 d ch 177 SLA 1960)
Sec. 36.10.040. Application to contracts involving
federal funds.
In a contract involving expenditure of federal aid funds,
this chapter may not be enforced in a manner that
conflicts with federal statutes giving preference to
veterans or prohibiting other preferences or dis-
criminations among United States citizens.
(§ 2 ch 177 SLA 1960)
Sec. 36.10.050. Employment of aliens.
[Repealed by § 17 ch 142 SLA 1972.]
Sec. 36.10.060. Employment of prisoners.
[Repealed by § 6 ch 53 SLA 1982.1
Sec. 36.10.070
Sec. 36.10.070. Unavailability of preferred workers.
(a) An employer subject to hiring requirements under
this chapter may request the Department of Labor and
Workforce Development to assist in locating qualified,
eligible employees. After receiving a request for
assistance, the department shall refer qualified, eligible,
available residents to the employer to fill the employer's
hiring needs. The employer shall cooperate with the
department.
(b) If the department is unable to refer a sufficient
number of qualified, eligible, available residents able to
perform the work, the commissioner of labor may approve
the hiring of residents who are not eligible for preference
and nonresidents for the balance of the request.
(§ 5 ch 177 SLA 1960; am § 2 ch 208 SLA 1972; am § 3
ch 33 SLA 1986)
Sec. 36.10.075. Regulations.
(a) The commissioner of labor and workforce
development shall adopt regulations necessary to carry
out the provisions of this chapter including but not limited
to the method, time and content of reporting by employers
covered by this chapter and reporting provisions
permitting on-going supervision by the Department of
Labor and Workforce Development on all public works
projects covered by this chapter.
(b) The commissioner of labor and workforce
development shall adopt regulations to encourage and
require the hiring of residents to the maximum extent
permitted by law.
(§ 3 ch 208 SLA 1972; am § 4 ch 33 SLA 1986)
Sec. 36.10.076. Notifications by state or political
subdivision.
An agency or political subdivision of the state covered by
the provisions of this chapter shall notify the Department
of Labor and Workforce Development periodically
regarding planned public works. Notification shall be in
the form and manner prescribed by the Department of
Labor and Workforce Development.
(§ 3 ch 208 SLA 1972)
Sec. 36.10.080. Chapter incorporated in contracts.
The provisions of this chapter are considered to be a part
of every public works contract.
(§ 6 ch 177 SLA 1960; am § 16 ch 9 SLA 2014)
Sec. 36.10.090. Publication of list of violators.
(a) The commissioner of labor and workforce
development shall distribute to all departments and
agencies of the state government and to all political
subdivisions of the state a list of the names of persons or
firms convicted of a violation of this chapter. A person
appearing on the list or a firm, corporation, partnership or
association in which the person has an interest may not
work as a contractor or subcontractor on a public
construction contract for the state or a political subdivision
until after three years from the date of publication of the
list.
5
Sec. 36.10.125
(b) A local government or school district covered by
the provisions of this chapter that is found to be in violation
of these provisions may be required to forfeit all or part of
the state aid made available for the project in which the
violation occurs and in addition may be denied up to 12
months of state community assistance or public school
funding. A state department or agency head found to be
in violation of this chapter may be required to forfeit the
position of the department or agency head.
(c) A person or governmental entity covered by the
provisions of (b) of this section who is not satisfied by a
decision of the Department of Labor and Workforce
Development may, as the final administrative process,
appeal the decision to a committee consisting of the
commissioners of transportation and public facilities,
labor, and workforce development, and administration.
The commissioner of transportation and public facilities is
the chairman of the committee. A quorum for conducting
business is three members and any decision made must
be supported by a majority of the committee members.
The committee may, upon a showing of hardship, waive
all or any part of the penalty provisions of this chapter.
(§ 7 ch 177 SLA 1960; am § 12 ch 142 SLA 1972; am § 4
ch 208 SLA 1972; am E.O. No. 39, § 11 (1977); am § 35
ch 83 SLA 1998; am § 13 ch 44 SLA 2016)
Sec. 36.10.100. Retainage and Penalty.
(a) A contractor who violates a provision of this
chapter shall have deducted from amounts due to the
contractor under the contract the prevailing wages that
should have been paid to a displaced resident, and these
amounts shall be retained by the contracting agency.
(b) A contractor or the agent of a contractor who
violates a provision of this chapter is guilty of a
misdemeanor, and upon conviction is punishable by a fine
of not more than $500, or by imprisonment for not more
than 90 days, or by both. (§ 8 ch 177 SLA 1960)
Sec. 36.10.110. Definitions.
[Repealed by § 17 ch 142 SLA 1972.]
Sec. 36.10.120. Investigations and hearings.
The Department of Labor and Workforce Development
may, when necessary to enforce this chapter,
(1) conduct investigations and hold hearings
relating to employment preference;
(2) compel the attendance of witnesses and the
production of books, papers and documents;
(§ 13 ch 142 SLA 1972; am § 46 ch 53 SLA 1973)
Sec. 36.10.125. Enforcement.
(a) The attorney general shall, when requested by the
Department of Labor and Workforce Development,
enforce the provisions of this chapter. The attorney
general may obtain a court order prohibiting a contractor
or subcontractor violating this chapter from continuing to
work on existing public construction contracts of the state
or a political subdivision of the state. The state or political
subdivision of the state may prosecute the work to
Sec. 36.10.125
completion by contract or otherwise, and the contractor or
subcontractor and the sureties of the contractor or
subcontractor are liable for excess costs for completing
the work.
(b) A private person is entitled to bring an action in the
superior court to enforce the provisions of this chapter if
that private person first gives at least 20 days notice to the
commissioner of labor and workforce development. The
notice must set out
(1) the intent of the private person to bring an
action under this subsection;
(2) the specific violation complained of; and
(3) the name of the person accused of the
violation.
(c) In an action brought under (b) of this section, the
court may, in its discretion, order denial of state
community assistance, revenue sharing, or public school
funding, forfeiture of office or position, or injunctive or
other relief. If the court finds for the plaintiff in an action
brought under (b) of this section, it may award the plaintiff
an amount equal to the actual costs and attorney fees
incurred by the plaintiff.
(§ 13 ch 142 SLA 1972; am § 1 ch 183 SLA 1976; am § 36
ch 83 SLA 1998; am § 14 ch 44 SLA 2016)
Sec. 36.10.130. Resident hire report.
The attorney general and the commissioner of labor and
workforce development shall report annually to the
governor on the status of employment in the state, the
effect of nonresident employment on the employment of
residents in the state, and methods to increase resident
hire. The report shall be submitted by January 31 of each
year, and the governor shall notify the legislature that the
report is available.
(§ 5 ch 33 SLA 1986; am § 55 ch 21 SLA 1995)
Sec. 36.10.140. Eligibility for preference; approval of
job -training programs.
(a) A person is eligible for an employment preference
under this chapter if the person certifies eligibility as
required by the Department of Labor and Workforce
Development, is a resident, and
(1) is receiving unemployment benefits under
AS 23.20 or would be eligible to receive benefits but has
exhausted them;
(2) is not working and has registered to find work
with a public or private employment agency or a local
hiring hall;
(3) is underemployed or marginally employed as
defined by the department; or
(4) has completed a job -training program
approved by the department and is either not employed
or is engaged in employment that does not use the skills
acquired in the job -training program.
(b) In approving job -training programs under (a) of
this section, the department shall use information and
findings from other state and federal agencies as much
as possible.
(c) An employer subject to a resident hiring
requirement under this chapter shall certify that persons
C.
Sec. 36.10.180
employed as residents under the preference were eligible
for the preference at the time of hiring.
(d) A labor organization that dispatches members for
work on a public works project under a collective
bargaining agreement shall certify that persons
dispatched as residents to meet a preference were
eligible for the preference at the time of dispatch.
(e) An employer or labor organization may request
assistance from the Department of Labor and Workforce
Development in verifying the eligibility of an applicant for
a hiring preference under this chapter.
(§ 5 ch 33 SLA 1986)
Sec. 36.10.150. Determination of zone of under-
employment.
(a) Immediately following a determination by the
commissioner of labor and workforce development that a
zone of underemployment exists, and for the next two
fiscal years after the determination, qualified residents of
the zone who are eligible under AS 36.10.140 shall be
given preference in hiring for work on each project under
AS 36.10.180 that is wholly or partially sited within the
zone. The preference applies on a craft -by -craft or
occupational basis.
(b) The commissioner of labor and workforce
development shall determine the amount of work that
must be performed under this section by qualified
residents who are eligible for an employment preference
under AS 36.10.140. In making this determination, the
commissioner shall consider the nature of the work, the
classification of workers, availability of eligible residents,
and the willingness of eligible residents to perform the
work.
(c) The commissioner shall determine that a zone of
underemployment exists if the commissioner finds that
(1) the rate of unemployment within the zone is
substantially higher than the national rate of
unemployment;
(2) a substantial number of residents in the zone
have experience or training in occupations that would be
employed on a public works project;
(3) the lack of employment opportunities in the
zone has substantially contributed to serious social or
economic problems in the zone; and
(4) employment of workers who are not residents
is a peculiar source of the unemployment of residents of
the zone. (§ 5 ch 33 SLA 1986)
Sec. 36.10.180. Projects subject to preference.
(a) The preferences established in AS 36.10.150 -
36.10.175 apply to work performed
(1) under a contract for construction, repair,
preliminary surveys, engineering studies, consulting,
maintenance work, or any other retention of services
necessary to complete a given project that is let by the
state or any agency of the state, a department, office,
state board, commission, public corporation, or other
organizational unit of or created under the executive,
legislative or judicial branch of state government,
Sec. 36.10.180
including the University of Alaska and the Alaska Railroad
Corporation, or by a political subdivision of the state
including a regional school board with respect to an
educational facility under AS 14.11.020;
(2) on a public works project under a grant to a
municipality under AS 37.05.315 or AS 37.06.010;
(3) on a public works project under a grant to a
named recipient under AS 37.05.316;
(4) on a public works project under a grant to an
unincorporated community under AS 37.05.317 or AS
37.06.020; and
(5) on any other public works project or
construction project that is funded in whole or in part by
state money.
(b) If the governor has declared an area to be an area
impacted by an economic disaster under AS 44.33.285,
then the preference for residents of the area established
under AS 44.33.285 - 44.33.310 supersedes the
preference under AS 36.10.150 - 36.10.175 for contracts
awarded by the state.
(c) The commissioner shall define the boundaries of
a zone within which a preference applies.
(§ 5 ch 33 SLA 1986; am § 2 ch 80 SLA 1993)
Sec. 36.10.190. Reporting provisions.
An employer obligated to meet resident hire requirements
under this chapter shall comply with the reporting
provisions that the commissioner of labor and workforce
development determines are reasonably necessary to
carry out this chapter. Except for statistical data, all
information regarding specific employees is confidential
and may not be released by the Department of Labor and
Workforce Development. However, confidential employee
information may be shared between departments for
purposes of this chapter.
(§ 5 ch 33 SLA 1986)
Sec. 36.10.200. Criminal penalties.
(a) A person who makes a false sworn statement in
connection with a certification of eligibility for an
employment preference under this chapter is subject to
criminal prosecution for perjury as provided in
AS 11.56.200.
(b) A person who makes an unsworn falsification,
with the intent to mislead a public servant in the
performance of a duty, in connection with a certification
of eligibility for an employment preference under this
chapter, is subject to criminal prosecution as provided in
AS 11.56.210.
(§ 5 ch 33 SLA 1986)
Sec. 36.10.210. Civil penalties.
(a) In addition to any criminal penalties imposed, after
a hearing the department may impose a civil penalty on a
person who, in connection with certification of eligibility for
an employment preference under this chapter,
(1) made a false sworn statement; or
(2) made an unsworn falsification with intent to
mislead a public servant in the performance of a duty.
7
Sec. 36.15.020
(b) The amount of the civil penalty under (a) of this
section for a person who falsely certifies that the person
is eligible for an employment preference under this
chapter is not more than $400 for each false certification.
(c) The amount of the civil penalty under (a) of this
section for an employer who falsely certifies that
employees are residents eligible for a preference under
this chapter is not more than $2,000 for each of the first
five false certifications. The penalty for the sixth false
certification made by an employer and for each false
certification thereafter is at least $2,000 and not more
than $4,000.
(§ 5 ch 33 SLA 1986)
Sec. 36.10.900. Severability.
If a provision of this chapter, or the application of a
provision to a person or circumstance, is held invalid, the
remainder of this chapter and the application to other
persons or circumstances shall not be affected by the
holding. The remainder shall be enforced to the greatest
extent constitutionally permissible under the constitutions
of the United States and the State of Alaska.
(§ 5 ch 33 SLA 1986)
Sec. 36.10.990. Definitions.
In this chapter
(1) "qualified" means possesses the requisite
education, training, skills, or experience to perform the
work;
(2) "zone" includes a census area in the state, an
economic region of the state, and the state as a whole.
(§ 5 ch 33 SLA 1986)
CHAPTER 15. ALASKA PRODUCT PREFERENCES.
ARTICLE 1. FOREST PRODUCTS PREFERENCE
Section:
10. Use of local forest products required in projects
financed by public money
20. Insertion of clause in calls for bids and in contracts
Sec. 36.15.010. Use of local forest products required
in projects financed by public money.
In a project financed by state money in which the use of
timber, lumber, and manufactured lumber products is
required, only timber, lumber and manufactured lumber
projects originating in this state from local forests shall be
used wherever practicable. (§ 14-3-1 ACLA 1949)
Sec. 36.15.020. Insertion of clause in calls for bids
and in contracts.
A clause containing the substance of AS 36.15.010 shall
be inserted in all calls for bids and in all contracts
awarded. (§ 14-3-2 ACLA 1949)
Sec. 36.25.010
CHAPTER 25. CONTRACTORS' BONDS
Section:
10. Bonds of contractors for public buildings or works
20. Rights of persons furnishing labor or material
25. Optional municipal exemption
Sec. 36.25.010. Bonds of contractors for public
buildings or works.
(a) Except as provided in AS 44.33.300, before a
contract exceeding $100,000 for the construction,
alteration, or repair of a public building or public work of
the state or a political subdivision of the state is awarded
to a general or specialty contractor, the contractor shall
furnish to the state or a political subdivision of the state
the following bonds, which become binding upon the
award of the contract to that contractor:
(1) a performance bond with a corporate surety
qualified to do business in the state, or at least two
individual sureties who shall each justify in a sum equal to
the amount of the bond; the amount of the performance
bond shall be equivalent to the amount of the payment
bond;
(2) a payment bond with a corporate surety
qualified to do business in the state, or at least two
individual sureties who shall each justify in a sum equal to
the amount of the bond for the protection of all persons
who supply labor and material in the prosecution of the
work provided for in the contract; when the total amount
payable by the terms of the contract is not more than
$1,000,000, the payment bond shall be in a sum of
one-half the total amount payable by the terms of the
contract; when the total amount payable by the terms of
the contract is more than $1,000,000 and not more than
$5,000,000, the payment bond shall be in a sum of 40
percent of the total amount payable by the terms of the
contract; when the total amount payable by the terms of
the contract is more than $5,000,000, the payment bond
shall be in sum of $2,500,000.
(b) This section does not limit the authority of the
contracting officer to require a performance bond or other
security in addition to those, or in cases other than the
cases specified in (a) of this section.
(c) When no payment bond has been furnished, the
contracting department may not approve final payments
to the contractor until the contractor files a written
certification that all persons who supplied labor or material
in the prosecution of the work provided for in the contract
have been paid.
(§ 1 ch 49 SLA 1953; am § 1 ch 77 SLA 1964; am § 14 ch
142 SLA 1972; am §§ 1, 2 ch 180 SLA 1976; am § 8 ch
277 SLA 1976; am 34 ch 108 SLA 1982)
Sec. 36.25.020. Rights of persons furnishing labor
or material.
(a) A person who furnishes labor or material in the
prosecution of the work provided for in the contract for
which a payment bond is furnished under AS 36.25.010
and who is not paid in full before the expiration of 90 days
after the last day on which the labor is performed or
0
Sec. 36.25.025
material is furnished for which the claim is made, may sue
on the payment bond for the amount unpaid at the time of
the suit.
(b) However, a person having direct contractual
relationships with a subcontractor but no contractual
relationship express or implied with the contractor
furnishing the payment bond has a right of action on the
payment bond upon giving written notice to the contractor
within 90 days from the last date on which the person
performed labor or furnished material for which the claim
is made. The notice must state with substantial accuracy
the amount claimed and the name of the person to whom
the material was furnished or for whom the labor was
performed. The notice shall be served by mailing it by
registered mail, postage prepaid, in an envelope
addressed to the contractor at any place where the
contractor maintains an office or conducts business, or
the contractor's residence, or in any manner in which a
peace officer is authorized to serve summons.
(c) A suit brought under this section shall be brought
in the name of the state or the political subdivision of the
state for the use of the person suing in the court with
jurisdiction. A suit under this section is subject to
AS 08.18.151. A suit may not be started after the
expiration of one year after the date of final settlement of
the contract. The state or political subdivision of the state
is not liable for costs or expenses of the suit.
(§ 2 ch 49 SLA 1953; am § 15 ch 142 SLA 1972 am §58
ch 14 SLA 1987)
Sec. 36.25.025. Optional municipal exemption.
A municipality, by ordinance adopted by its governing
body, may exempt contractors from compliance with the
provisions as AS 36.25.010(a) if the estimated cost of the
project does not exceed $400,000, and
(1) the contractor is, and for two years
immediately preceding the award of the contract has
been, a licensed contractor having its principal office in
the state;
(2) the contractor certifies that it has not defaulted
on a contract awarded to the contractor during the period
of three years preceding the award of a contract for which
a bid is submitted;
(3) the contractor submits a financial statement,
prepared within a period of nine months preceding the
submission of a bid for the contract and certified by a
public accountant or a certified public accountant licensed
under AS 08.04, demonstrating that the contractor has a
net worth of not less than 20 percent of the amount of the
contract for which a bid is submitted; and
(4) the total amount of all contracts that the
contractor anticipates performing during the term of
performance of the contract for which a bid is submitted
does not exceed the net worth of the contractor reported
in the certified financial statement prepared and submitted
under (3) of this section by more than seven times.
(§ 1 ch 81 SLA 1978)
Sec. 36.95.010
CHAPTER 95. GENERAL PROVISIONS
Section:
10. Definitions
Sec. 36.95.010. Definitions.
In this title, unless the context requires otherwise,
(1) "contractor" means the contractor including
subcontractors performing work necessary to facilitate
public construction;
(2) "laborer, mechanic, or field surveyor" means
a person who engages in work which is basically physical
or unskilled in nature; or who engages in work, requiring
the use of tools or machines, which basically consists of
the shaping and working of materials into some type of
structure, machine or other object; or who engages in
outdoor tasks related to the operation of findings and
delineating contour, dimensions, position, topography, as
of any part of the earth's surface, by preparation of
measured plan or description of any area or other portion
of country or of road or line through any area or other
portion of country;
(3) "public construction" or "public works" means
the on-site field surveying, erection, rehabilitation,
alteration, extension or repair, including painting or
redecorating of buildings, highways or other
improvements to real property under contract for the
state, a political subdivision of the state, or a regional
school board;
(4) "resident" means a person who establishes
residency under AS 01.10.055;
(5) "retainage" means money withheld from a
contractor until completion of a contract or satisfaction of
other contingency as evidenced by approval of the
applicable pay estimate;
(6) "state or a political subdivision of the state"
means any state department, state agency, state
university, borough, city, village, school district or other
state subdivision;
(7) "wages" includes fringe benefits.
(§ 16 ch 142 SLA 1972; am § 3 ch 89 SLA 1976; am § 16
ch 147 SLA 1978; am § 2 ch 85 SLA 1982; am § 92 ch 6
SLA 1984; am §§ 6, 11 ch 33 SLA 1986)
4
Sec. 36.95.010
8 AAC 30.010
ALASKA ADMINISTRATIVE CODE
TITLE 8. LABOR
PART 2. RESIDENT EMPLOYMENT
CHAPTER 30. PUBLIC CONTRACTS.
Article:
1. Wages and Hours
(8 AAC 30.010 — 8 AAC 30.040)
2. Wage Scale
(8 AAC 30.050)
3. Employment Preference
(8 AAC 30.060 — 8 AAC 30.088)
4. Investigations and Hearings
(8 AAC 30.090 — 8 AAC 30.110)
5. Debarment
(8 AAC 30.200 — 8 AAC 30.240)
6. General Provisions
(8 AAC 30.900 — 8 AAC 30.920)
ARTICLE 1. WAGES AND HOURS.
Section:
10. Notification of contract awards
20. Certified payroll
25. Fringe benefit contributions
27. Notice of violation requiring withholding
30. Notification of withholding accrued payments
40. Notification of termination of contract
8 AAC 30.010. Notification of Contract Awards.
(a) Within 20 days of awarding a public contract, the
state or political subdivision of the state shall notify the
commissioner in writing that the contract has been
awarded. The writing shall conform to the requirements
of AS 36.05.035.
(b) Verification of contractors bonding requirements
shall be by certified statement furnished to the
commissioner by the state or political subdivision of the
state which awarded the contract.
(Eff. 7/8/73, Register 47)
Authority: AS 36.05.030 AS 36.05.035
8 AAC 30.020. Certified Payroll.
(a) Before Friday of every second week, each
contractor, subcontractor, or owner/operator who
performs work on a public construction contract for the
state or political subdivision of the state shall file with the
department a certified payroll (Form 07-6058) that covers
the preceding reporting period.
(b) The certified payroll shall be submitted to the
department's regional office in the judicial district in which
the work is performed:
1st Judicial District - Department of Labor and
Workforce Development, Juneau
3rd Judicial District - Department of Labor and
Workforce Development, Anchorage
10
8 AAC 30.020
2nd and 4th Judicial Districts - Department of
Labor and Workforce Development, Fairbanks
(c) Instead of submitting Form 07-6058, a contractor
may submit the contractor's payroll form. However, the
payroll form must contain the same information and
statement of compliance required by Form 07-6058.
(d) Owner/operators who perform duties as laborers,
mechanics, or field surveyors while working as
contractors or subcontractors on a public work project
shall be included on their certified payrolls in the same
manner as any other laborer, mechanic or field surveyor.
However, an owner/operator who performs duties as a
laborer, mechanic, field surveyor is not required to pay
themselves each reporting period, but shall report hours
worked and actual payments received under the terms of
the contract and the period covered by each payment.
After deducting operating expenses, the actual payment
received by an owner/operator performing duties as a
laborer, mechanic, or field surveyor must meet or exceed
the minimum prevailing rate of pay in the applicable
classification for each hour worked on a public
construction project.
(e) If a contractor is under contract to provide trucks
on a public construction project and leases a truck to an
individual truck driver or dispatches an owner/operator
working on that same project, the contractor shall pay no
less than the prevailing wage for each hour worked each
certified payroll reporting period to that driver.
(Eff. 7/8/73, Register 47; am 7/30/82, Register 83; am
8/9/01; Register 159; am 3/2/2008, Register 185)
Authority: AS 36.05.030 AS 36.05.040
AS 36.10.075
Editor's Note:
As of Register 151 (October 1999), the regulations
attorney made technical revisions under AS 44.62.125
(b)(6) to reflect the name change of the Department of
Labor to the Department of Labor and Workforce
Development made by ch. 58, SLA 1999 and the
corresponding title change of the commissioner of labor.
Form 07-6058 (payroll form) required in 8 AAC 30.020
may be obtained from the Department of Labor and
Workforce Development, Wage and Hour Administration,
1251 Muldoon Road, Suite 113, Anchorage, AK 99504;
telephone: (907) 269-4900. The form is also available on
the department's website at:
http://Iabor.alaska.gov/lss/Issforms.htm
8 AAC 30.025
8 AAC 30.025. Fringe Benefit Contributions.
(a) Employers must remit contributions to union
trusts, approved private pension plans, or other approved
fringe benefit plans by the 15th of the month following the
accrual of the contribution. If the plan itself has a more
stringent remittance deadline, the plan deadline shall
prevail. A copy of the actual deposit or other satisfactory
proof shall be provided the department upon request.
(b) A private pension plan or other fringe benefit plan
as referenced in (a) of this section must meet the following
conditions in order to be approved as an offset against the
prevailing wage rate requirement for fringe benefits:
(1) plan contributions must be
(A) irrevocable;
(B) deposited on a regular basis, not less
than monthly, to a trustee or third -party administrator;
(C) free of administrative expense charges to
employees, except reasonable and customary
administrative fees charged to the plan as a whole,
subject to approval of the plan trustee;
(D) non -discretionary;
(E) factored across all work performed by an
employee in public construction and non-public
construction with the exception of an automatic vesting
401(k) plan;
(2) plan contributions may not be made on behalf
of employees who are not eligible to participate in the
plan;
(3) except for an automatic vesting 401(k) plan,
plan contributions must not be funded solely through
hours worked on public construction projects.
(c) Except for an automatic vesting 401(k) plan which
allows the actual hourly amount contributed to the plan
during the public construction project to be directly
credited against fringe benefit payment requirements, to
establish an hourly rate for credit against prevailing wage
requirements, the amount paid by the employer for the
benefit shall be divided by the hours worked by the
employee under the plan during the interval under which
payments are due to the plan administrator. To allow for
seasonal variations, the plan costs may be calculated on
an annual basis.
(d) If the hourly rate established under (c) of this
section does not meet the prevailing fringe benefit rate,
the remainder must be paid to the employee.
(e) If a pension plan meets the requirements under 29
U.S.C. 1001 — 1461 (Employee Retirement Income
Security Act of 1974) and includes a minimum vesting
requirement, any forfeited amounts must remain in the
trust, subject to the authority of the trustee and may not
revert to the employer.
(f) The department may disallow an employer from
taking credit for fringe benefit contributions as an offset to
prevailing wage requirements if the provisions of this
section are not met. Upon request, the employer shall
provide the following to the department:
(1) a copy of the plan;
(2) a copy of the plan adoption agreement;
11
8 AAC 30.030
(3) the name, address, and telephone number of
the plan broker;
(4) the name, address, and telephone number of
the plan administrator;
(5) the United States Internal Revenue Service
approval letter;
(6) the calculations of the hourly cost equivalent
for the plan.
(g) An apprentice shall receive 100 percent of the
prevailing fringe benefit rate established in the applicable
Laborers' and Mechanics' Minimum Rates of Pay, unless
a bona fide fringe benefit plan is specified in the
applicable Standards of Apprenticeship approved by the
United States Department of Labor, Office of
Apprenticeship.
(h) In this section, "automatic vesting 401(k) plan,"
means a 401(k) plan maintained in compliance with 29
U.S.C. 1001 — 1461 (Employee Retirement Income
Security Act of 1974) that allows for immediate vesting in
the plan to ensure that the employee will not be subject to
any forfeiture of amounts contributed to the plan since it
has no vesting requirements.
(Eff. 1/2/91, Register 116; am 3/2/2008, Register 185; am
8/12/2018, Register 227)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.070
8 AAC 30.027. Notice of violation requiring
withholding.
When the department determines, under the authority of
AS 36.05.030, that a violation has occurred, it shall notify
the contracting agency as to the nature and estimated
amount of the violation so that the contracting agency can
fulfill its obligation to withhold funds under AS 36.05.070
(4). (Eff. 1/2/91, Register 116)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.070
8 AAC 30.030. Notification of withholding accrued
payments.
(a) If the state or a political subdivision of the state
withholds accrued payments under those provisions of its
contracts required by AS 36.05.070(c)(4), the state or
political subdivision shall notify the commissioner within
three working days.
(b) Notification shall be in writing and contain the
following information:
(1) name of state agency or political subdivision
of the state that awarded the contract;
(2) name of state agency or political subdivision
of the state that is withholding accrued payments;
(3) contractor's name and address;
(4) address of construction site;
(5) job classification being underpaid;
(6) wage rate required by contract; and
(7) wage rate actually being paid.
(Eff. 7/8/73, Register 47)
Authority: AS 36.05.030 AS 36.05.070
8 AAC 30.040
8 AAC 30.040. Notification of Termination of Contract.
(a) If the state or a political subdivision of the state
terminates a contract under those provisions of its
contract required under AS 36.05.080, the state or
political subdivision of the state shall notify the
department within three working days.
(b) Notification shall be in writing and contain the
following information:
(1) name of state agency or political subdivision
of the state that awarded the contract;
(2) name of state agency or political subdivision
of the state that is terminating the contract;
(3) contractor's name and address;
(4) address of construction site;
(5) job classification being underpaid;
(6) wage rate required by contract;
(7) wage rate actually being paid; and
(8) proposed action to be taken to complete
construction.
(Eff. 7/8/73, Register 47)
Authority AS 36.05.030 AS 36.05.080
ARTICLE 2. WAGE SCALE.
Section:
50. Wage Scale
8 AAC 30.050. Wage Scale.
(a) The department will determine the prevailing
wage rate to be paid laborers, mechanics, and field
surveyors. The department will publish this determination
in the pamphlet Laborers' and Mechanics' Minimum
Rates of Pay. The department will periodically revise the
prevailing wage rates, on a regional basis, to correspond
with the prevailing wage rate for similar work.
(b) The prevailing wage will be determined on a
regional basis for two geographic regions of the state,
north of North 63 degrees latitude and south of North 63
degrees latitude. A region may be subdivided into zones
if the commissioner determines that the prevailing wage
rate has local variations within the region. In determining
the prevailing wage rate for a region or zone, the
department will consider the prevailing wage that
represents majority penetration for each work
classification. If there is no majority penetration the
department may set the prevailing wage rate in the
following manner:
(1) If less than a majority of the persons
employed at a particular skill level in a particular job class
receive the same wage, the prevailing wage rate will be
determined by taking the arithmetic mean (average) of the
wages in the survey for the job class being considered.
(2) Prior to calculating the arithmetic mean, the
survey will be adjusted by eliminating five percent of the
extreme wage rates.
(3) For example, in a survey consisting of 75
different pay rates the rates will be arrayed in order of
size. Five percent at both ends of the scale, the four
12
8 AAC 30.051
highest and four lowest, will be eliminated. The remaining
67 rates will be the final survey from which the arithmetic
mean will be determined to be the prevailing rate of pay.
(4) In determining the prevailing wage rate for a
region or zone, the department will consider the prevailing
union wage, local practice, and any other standard
considered by the department to be appropriate.
(c) Special prevailing wage rate determinations may
be requested for special projects or special worker
classifications, if the work to be performed does not
conform to traditional public construction for which a
prevailing wage rate has been established under (a) of
this section. Requests for special wage rate
determinations must be in writing and filed with the
commissioner at least 30 days before the award of the
contract. An applicant for a special wage rate
determination shall have the responsibility to support the
necessity for the special rate. An application for a special
wage rate determination filed under this section must
contain
(1) a specification of the contract or project on
which the special rates will apply and a description of the
work to be performed;
(2) a brief narrative explaining why special wage
rates are necessary;
(3) the job class or classes involved;
(4) the special wage rates the applicant is
requesting, including survey or other relevant wage data
to support the requested rates;
(5) the approximate number of employees who
will be affected; and
(6) any other information which might be helpful
in determining if special wage rates are appropriate.
(d) The prevailing wage rate established in (a) of this
section shall be considered the minimum wage rate that
shall be paid to various classes of laborers, mechanics,
and field surveyors.
(e) This section shall be made part of every contract
that falls within the scope of AS 36.05.010 and
36.05.070(a).
(Eff. 7/8/73, Register 47; am 7/30/82, Register 83; am
8/9/2001, Register 159; am 3/2/2008, Register 185; am
11/25/2018, Register 228)
Authority: AS 36.05.010 AS 36.05.030
AS 36.05.070
Editor's note:
The pamphlet titled Laborers' and Mechanics'
Minimum Rates of Pay may be obtained from the
Department of Labor and Workforce Development, 1251
Muldoon Road, Suite 113, Anchorage, AK 99504;
telephone: (907) 269-4900. The pamphlet is also
available on the department's website at:
http://labor.alaska.gov/lss/Issforms.htm.
8 AAC 30.051. Purpose.
The purpose of 8 AAC 30.052 — 8 AAC 30.056 is to ensure
that wages paid to laborers, mechanics, and field
surveyors do not fall below the prevailing rate of pay.
8 AAC 30.052
8 AAC 30.052. Board and lodging; remote sites.
(a) A contractor on a public construction project located
65 or more road miles from the international airport
closest to the project area in either Fairbanks, Juneau, or
Anchorage, or that is inaccessible by road in a two -wheel
drive vehicle, shall provide adequate board and lodging to
each laborer, mechanic, or field surveyor while the person
is employed on the project. If commercial lodging facilities
are not available, the contractor shall provide temporary
lodging facilities. Lodging facilities must comply with all
applicable state and federal laws. For a highway project,
the location of the project is measured from the midpoint
of the project.
(b) A contractor is not required to provide board and
lodging:
(1) to a laborer, mechanic, or field surveyor who is
a domiciled resident of the project area; or
(2) on a laborer, mechanic, or field surveyor's
scheduled days off, when the person can reasonable
travel between the project and the person's permanent
residence; for the purposes of this paragraph, "scheduled
day off" means a day in which a person does not perform
work on-site, is not required to remain at or near the job
location for the benefit of the contractor, and is informed
of the day off at least seven days before the day off.
(c) Upon a contractor's written request, the
commissioner may waive the requirements of (a) of this
section where:
(1) the project is inaccessible by road in a two -wheel
drive vehicle, but the laborer, mechanic, or field surveyor
can reasonable travel between the project and the
person's permanent residence within one hour; or
(2) a laborer, mechanic, or field surveyor is not a
domiciled resident of the project area, but has established
permanent residence, with the intent to remain
indefinitely, within 65 road miles of the project, or for a
highway project, the mid -point of the project.
(Eff. 11/25/2018, Register 228)
Authority: AS 23.05.060 AS 36.05.030
AS 36.10.075 AS 36.05. 010
8 AAC 30.054. Per diem instead of board and lodging.
(a) A contractor may pay a laborer, mechanic, or field
surveyor per diem instead of providing board and lodging,
when the following conditions are met
(1) the department determines that per diem instead
of board and lodging is an established practice for the
work classification; the department shall publish and
periodically revise its determinations in the pamphlet
Laborers' and Mechanics' Minimum Rates of Pay;
(2) the contractor pays each laborer, mechanic, or
field surveyor the appropriate per diem rate as published
and periodically revised in the pamphlet Laborers' and
Mechanics' Minimum Rates of Pay; and
(3) the contractor pays the per diem to each laborer,
mechanic, or field surveyor on the same day that wages
are paid.
(b) A contractor may not pay per diem instead of board
and lodging on a highway project located
13
8 AAC 30.060
(1) west of Livengood on the Elliot Highway, AK -2;
(2) on the Dalton Highway, AK -11;
(3) north of milepost 20 on the Taylor Highway,
AK -5;
(4) each of Chicken on the Top of the World
Highway; or
(5) south of Tetlin Junction to the Alaska -Canada
border on the Alaska Highway, AK -2.
(Eff. 11/25/2018, Register 228)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.010 AS 36.10.075
8 AAC 30.056. Alternative arrangement.
Upon a contractor's written request, the commissioner
may approve an alternative board and lodging or per diem
arrangement, provided
(1) the arrangement does not reduce the laborer,
mechanic, or field surveyor's wages below the prevailing
wage rate; and
(2) the laborer, mechanic, or field surveyor
voluntarily enters into and signs the written arrangement;
a labor organization representing laborers, mechanics, or
field surveyors may enter into the written agreement on
their behalf.
(Eff. 11/25/2018, Register 228)
Authority: AS 23.05.060 AS 36.05.010
AS 36.05.030 AS 36.10.075
ARTICLE 3. Employment Preference.
Section:
60. (Repealed)
61. Contracting agency report requirements
62. Employer reporting requirements
64. Hiring preference for residents of zone of
underemployment
65. (Repealed)
66. (Repealed)
67. (Repealed)
68. Determination that lack of employment
opportunities has substantially contributed to
serious social or economic problems
70. (Repealed)
71. (Repealed)
72. Determining residency
73. Determination of resident hiring preferences
78. Resident hiring preferences in overlapping or
multiple zones
80. (Repealed)
81. Compliance with preference requirements
82. Department determination of eligibility for
preference
84. Appeals of eligibility determinations
86. Approval of job training programs
8 AAC 30.060. Resident Hiring.
(Repealed 9/27/871
8 AAC 30.061
8 AAC 30.061. Contracting agency reporting
requirements.
(a) Within 20 days after awarding a contract or grant
covered by AS 36.10.180, a state agency or political
subdivision of the state shall file with the department a
notice containing
(1) the name and address of the state agency or
political subdivision awarding the contract or grant;
(2) the name of the head of the state agency or
political subdivision awarding the contract or grant;
(3) the date of the contract or grant award;
(4) the total amount of the contract or grant;
(5) the location of the project; and
(6) the name and address of each contractor and
subcontractor performing work on the project.
(b) A state agency or political subdivision of the state
shall report immediately to the department any changes
or additions regarding the notice required in (a) of this
section which involve either
(1) a change in the identity of a contractor or
subcontractor performing work on the project; or
(2) a change in the total amount of the contract if
the change exceeds $10,000.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075 AS 36.10.076
8 AAC 30.062. Employer reporting requirements.
(a) Upon request by the department, an employer
required to file a quarterly report of employment and
wages under AS 23.20.105 - 23.20.535 shall include in its
quarterly report the following information for each
employee:
(1) either the occupational title or the four -digit
standard occupational classification code for the last
position held by the employee; and
(2) the two -digit geographic area code of the
employee's primary work location.
(b) The department will provide each employer
required to submit information under (a) of this section
with a list of occupational codes and titles applicable to its
industry and a map showing the boundaries and code for
each geographic area of the state.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075 AS 36.10.190
8 AAC 30.064. Hiring preference for residents of
zone of underemployment.
(a) For purposes of AS 36.10.150, the commissioner will
determine that an area is a zone of underemployment if
(1) the rate of unemployment within the area is at
least 10 percent greater than the average national
unemployment rate for the most recent 12 -month period for
which unemployment insurance figures are available, or a
longer period determined appropriate by the commissioner to
take into account unemployment trends exceeding a one-year
period; for example, if the national unemployment rate is
seven percent, the rate of unemployment in the area must be
at least 7.7 percent for the area to be a zone of
underemployment;
14
8 AAC 30.069
(2) at least 10 percent of the jobs in a particular craft
or occupation that would be used on a particular public -funded
project could be filled by residents of the area who are trained
or experienced in that craft or occupation; a determination
under this paragraph will be based on data for the quarter of
highest employment for the most recent calendar year for
which data is available;
(3) the lack of employment opportunities has
substantially contributed to serious social or economic
problems in the area, as determined under 8 AAC 30.068; and
(4) the employment of nonresidents is a peculiar
source of unemployment for residents of the area, as
determined under 8 AAC 30.069.
(b) For a public -funded project, the percentage of
positions which must be reserved under AS 36.10.150 for
eligible residents, in a craft or occupation subject to a hiring
preference, is the percentage that would result in a
determination under (a) of this section that the area was not a
zone of underemployment. The department will compute the
percentage for an occupation or craft and announce it after
the determination under (a) of this section is made.
(Eff. 9/27/87, Register 103; am 6/8/11, Register 198)
Authority AS 36.10.075 AS 36.10.150
8 AAC 30.065. Hiring Preference for Residents of
Economically Distressed Zone.
(Repealed 8/9/20011
8 AAC 30.066. Hiring Preference for Economically
Disadvantaged Minority Residents.
(Repealed 8/9/20011
8 AAC 30.067. Hiring Preference for Economically
Disadvantaged Female Residents.
(Repealed 8/9/20011
8 AAC 30.068. Determination that lack of employment
opportunities has substantially contributed to
serious social or economic problems.
For purposes of AS 36.10.150 - 36.10.175 and this
chapter, the lack of employment opportunities has
substantially contributed to serious social or economic
problems if changes in indicators of social and economic
problems are linked to changes in the number of people
who want to work and are unable to obtain work. The
commissioner will use correlation analysis, testimony,
professional studies, or other evidence to establish the
relationship between unemployment and social or
economic problems.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075 AS 36.10.160
AS 36.10.175 AS 36.10.150
AS 36.10.170
8 AAC 30.069. Determination of peculiar source of
unemployment.
For purposes of AS 36.10.150 - 36.10.175, and
8 AAC 30.064, the commissioner will determine that
employment of nonresidents is a peculiar source of
unemployment if more than 10 percent of the residents of
an area who are trained or experienced in a craft or
8 AAC 30.069
occupation are unemployed and more than 10 percent of
the total number of workers employed in that area in that
craft or occupation are not residents of the area.
(Eff. 9/27/87, Register 103; am 08/9/01; Register 159)
Authority: AS 36.10.075 AS 36.10.160
AS 36.10.175 AS 36.10.150
AS 36.10.170
8 AAC 30.070. Annual Report by Agency or Political
Subdivision of the State.
[Repealed 9/27/87.]
8 AAC 30.071. Determination of Past Economic
Discrimination.
[Repealed.]
(Eff. 9/27/87, Register 103; repealed 08/9/01;
Register 159)
8 AAC 30.072. Determining residency.
The department will consider the following information in
determining whether a person is a resident:
(1) where the person, the person's spouse, and
the person's dependent children maintain their principal
place of abode;
(2) where the person's dependent children are
enrolled in school;
(3) the person's address on driver's licenses;
(4) the person's address on motor vehicle
registrations;
(5) where the person's bank, credit union, or
other financial accounts are maintained;
(6) the person's address on hunting, fishing,
trapping, or other licenses;
(7) where the person is registered to vote;
(8) the person's address as shown on
Department of Revenue permanent fund dividend
records; and
(9) any other relevant facts.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075 AS 36.10.14
AS 36.95.010(4)
8 AAC 30.073. Determination of resident hiring
preferences.
(a) The commissioner will, at least biennially,
determine whether an area is a zone of preference under
AS 36.10 and this chapter if enough data is available to
make that determination.
(b) The commissioner will include, in the annual
resident hire report required under AS 36.10.130, all
resident preference determinations made during the
previous calendar year.
(c) When an area has been determined to be a
resident hiring zone of preference, the department will
notify all contractors of record who are or will be
performing work on public -funded projects in the zone,
and will notify all state agencies and political subdivisions
that have public -funded projects in the zone.
(d) Upon notification under (c) of this section, the
resident hiring preference requirements are effective
15
8 AAC 30.081
immediately and apply to all public -funded projects in the
zone.
(Eff. 9/27/87, Register 103; am 3/2/2008, Register 185)
Authority: AS 36.10.075
8 AAC 30.078. Resident hiring preferences in
overlapping or multiple zones.
(a) If two areas are determined to be zones of
preference under AS 36.10 and this chapter for the same
resident hiring preference, and one of the zones is located
entirely within the other, the preference requirements will
apply to the larger zone.
(b) As provided in AS 36.10.150 - 36.10.175, if a
public -funded project is located in more than one zone,
the entire project is subject to the resident hiring
preferences in effect in those zones.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075
8 AAC 30.080.
(Repealed 12/4/761
8 AAC 30.081. Compliance with preference
requirements.
(a) To comply with AS 36.10.150 - 36.10.175, an
employer subject to a resident hiring reference shall meet
the relevant resident hire percentage, prescribed under
this chapter, for each separate workweek. If an area has
been determined to be a zone of preference for more than
one type of resident hiring preference, the requirements
of each preference apply. An employer may count the
hire of an eligible resident toward satisfaction of each
preference for which the resident qualifies.
(b) An employer subject to a resident hiring
preference shall certify that each person hired as a
resident under the preference was eligible for the
preference at the time of hiring. The employer's
certification must be provided on the weekly certified
payroll form filed with the department (Form 07-6058);
must include the name and residence address of each
employee on the project, including supervisory
employees; and must include a statement of compliance
with all resident hiring preferences in effect.
(c) A labor organization that dispatches members for
work on a public -funded project subject to a resident
hiring preference shall certify to the employer at the time
of dispatch that each person dispatched as a resident to
meet a preference was eligible for the preference at the
time of dispatch. The labor organization's certification
must be in writing and must include the name and
residence address of each person dispatched to the
project.
(d) An employer subject to a resident hiring
preference who is unable to find enough eligible residents
may request from the department a waiver to hire an
ineligible person for a specific job. The waiver request
must be submitted to the department at least seven
calendar days before the waiver is required to be
considered for approval. Within three working days, the
8 AAC 30.081
department shall determine whether the contractor's
proposed minimum qualifications for the position covered
by the waiver request are acceptable. The employer must
place an advertisement using at least one public form of
statewide advertising, such as a newspaper with
statewide circulation, and must request that the Alaska
Employment Service post a statewide facilitated
recruitment job order through the Alaska Job Center
Network. The advertisement and the job order must run
for at least three calendar days, and both must
(1) state that the purpose of the request is to
satisfy employment preference requirements of this state
under AS 36.10 and that applicants must be residents of
this state;
(2) list the job title and minimum qualifications as
accepted by the department;
(3) identify the rate of pay including fringe
benefits and other compensation, such as travel or room
and board;
(4) identify the job location, expected duration of
the job, and the number of expected daily and weekly
work hours; and
(5) specify that all job seekers apply through the
Alaska Job Center Network.
(e) An employer subject to a resident hiring
preference who is unable to find enough eligible residents
from either private sources or from the applicants referred
by the state employment center under (d) of this section
may request from the department a waiver to hire an
ineligible person for a specific job. A request for a waiver
under this subsection must contain
(1) a description of the job for which a waiver is
requested, to include the wages, benefits, expected start
date, work schedule, and job duration;
(2) the required qualifications for the job for which
a waiver is requested;
(3) the qualifications of the person for whom the
waiver is requested;
(4) the name and residence address of the
person for whom the waiver is requested;
(5) a description of the employer's efforts to
obtain an eligible resident from private sources for the job
for which a waiver is requested;
(6) a copy of the recruitment report from the
Alaska Job Center Network containing the following
information and documentation;
(A) a copy of the job order, a listing of all
applicants from the job order and other private recruitment
efforts, and the listing of the applicants referred to the
employer;
(B) the recruitment result report to show the
number of individuals interviewed, hired or not hired;
(C) and, a statement from the Alaska Job
Center Network that the employer did or did not comply
with the recruitment requirements;
(7) the name and location of the project for which
the waiver is requested; and
(8) an explanation of why each applicant referred
was not hired.
16
8 AAC 30.082
(f) The department will grant a waiver to employ an
ineligible person if the employer establishes, to the
department's satisfaction, that there are no qualified
eligible residents for a specific job. A waiver granted by
the department expires six months from the approval
date, at the completion of the specific job for which the
ineligible person was hired, or at the time the ineligible
person terminates, whichever occurs first. The
department will either grant or deny the waiver within 20
working days after receiving the request for a waiver and
the supporting evidence required under (e) of this section.
(g) A waiver granted under this section will be
determined invalid unless the same benefits provided to
the ineligible nonresident, such as housing and
transportation to the work site, are also offered and
provided to eligible resident applicants.
(Eff. 9/27/87, Register 103; am 3/2/2008, Register 185)
Authority: AS 36.10.070 AS 36.10.140 AS 36.180
AS 36.10.190 AS 36.10.075
8 AAC 30.082. Department determination of eligibility
for preference.
(a) Following a determination under this chapter that
an area is a zone of preference, the department's
assistance may be requested in determining a person's
eligibility for a resident hiring preference in a craft or
occupation on a public -funded project. Application for an
eligibility determination must be made on a form available
from the division or from any state employment center.
An applicant may mail or deliver the completed
application to the division or to any state employment
center.
(b) A person will be determined to be eligible for a
resident hiring preference if the person establishes, to the
department's satisfaction, that he or she meets the
eligibility criteria in AS 36.10.140 and 36.10.150 -
36.10.175. An applicant will be notified of the
department's determination.
(c) The department will, in its discretion, request that
an applicant provide additional information to the
department. The additional information will be made a
part of the application, and will, in the department's
discretion, be used in determining the applicant's
eligibility.
(d) If a person is determined under this section to be
ineligible, a new application may be submitted if there are
new or previously undisclosed facts bearing upon
eligibility. The applicant shall note that the application is
not an initial application and shall set out the new or
previously undisclosed facts.
(e) An employer may rely on the department's
determination of eligibility under this section in meeting
the requirements of AS 36.10.140(c) and 36.10.150 -
36.10.175.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.070 AS 36.10.075
AS 36.10.140
8 AAC 30.084
8 AAC 30.084. Appeals of eligibility determinations.
(a) A determination by the department under
8 AAC 30.082 that a person is not eligible for a resident
hiring preference is final unless the applicant, or the
applicant's representative, files a written appeal with the
department within 20 days after receipt of the
determination.
(b) An appeal must contain the name and mailing
address of the applicant, the reasons for the appeal, and
any arguments or information in support of the appeal.
(c) The department will, in its discretion, consider any
relevant evidence in deciding an appeal even if the
evidence is not admissible under Alaska rules of
evidence. The department will, in its discretion, request
additional information from the applicant. The applicant
must respond in writing to a request for additional
information within 10 days after receipt of the request.
The department will, in its discretion, grant an extension
of time to an applicant for good cause shown.
(d) Any notices or other documents in connection with
an appeal will be mailed to the last address furnished by
the applicant.
(e) The department will issue a written decision on the
appeal within 30 days after receipt of the appeal or within
30 days after the submission of additional information
requested under (c) of this section. The decision will
include findings of fact and conclusions of law, and will be
served on all parties to the appeal. The decision under
this subsection is the final decision of the department.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075 AS 36.10.140
8 AAC 30.086. Approval of job training programs.
(a) For the purposes of AS 36.10.140(x)(4), the
following types of job training programs are approved:
(1) a program approved by the Alaska
Commission on Postsecondary Education, or by an
equivalent agency in another state if the program is
located in another state; or
(2) a program approved by the United States
Department of Labor, Office of Apprenticeship.
(b) For the purposes of AS 36.10.140(x)(4), the
following types of training programs will, in the
department's discretion, be approved:
(1) a program sponsored or conducted by an
employer or union; or
(2) a program approved under the Workforce
Innovation and Opportunity Act (WIOA) 2014, Pub. L. No
113-138).
(Eff. 9/27/87, Register 103; am 8/12/2018, Register 227)
Authority: AS 36.10.140
8 AAC 30.088. Computations regarding hiring
preference requirements.
Computing the number of workers or positions for resident
employment preference under AS 36.10 and this chapter
might result in a number that contains a fraction. In such
cases, the fraction is to be dropped. For example, a result
of 4.8 workers should be shown as 4 workers.
17
8 AAC 30.090
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075
ARTICLE 4. INVESTIGATIONS AND HEARINGS.
Section:
90. Investigations, Conference, and Persuasion
100. Hearings
110. Decisions
8 AAC 30.090. Investigations, conference, and
persuasion.
(a) The division will investigate potential violations of
AS 36 (Public Contracts), on its own motion or on the
complaint of any person.
(b) If, after preliminary investigation, the division finds
that probably cause exists to believe that a violation of
AS 36.05 or AS 36.10 has occurred, the division will
provide the respondent believed to have violated
AS 36.05 or AS 36.10 a copy of the complaint or a
description of the alleged violation by personal service or
certified mail to the last known address of the respondent
and to the respondent's registered agent, if any. If
respondent is a subcontractor, the division will also
provide the prime contractor with a copy of the complaint
or a description of the alleged violation by personal
service or certified mail to the prime contractor's
registered agent.
(c) The division will attempt to eliminate the alleged
violation through conference and persuasion by providing
the respondent and prime contractor an opportunity for an
information conference to discuss the matter and attempt
to eliminate the alleged violations.
(d) If an alleged violation is not rectified by the
informal conference, or if the respondent or prime
contractor fails to attend the conference without good
cause, the division will notify the respondent and the
prime contractor in writing of the failure of the informal
conference. The division will include in its notification a
summary of the division's investigative findings.
(e) The respondent or the prime contractor may
request a hearing by sending the division a written
request postmarked not later than 30 days of the date of
the division's notification of the failure of the informal
conference under (d) of this section. The hearing request
must identify any investigative findings in dispute and the
basis for the dispute, including any affirmative defenses.
Upon receipt of a request for a hearing, the division will
refer the case for hearing. Hearings under this section will
be conducted in accordance with 8 AAC 30.100.
(f) If no timely request for hearing is received, the
division's investigative findings will be final.
(Eff. 12/4/76, Register 60; am 7/30/82, Register 83; am
1/2/91, Register 116; am 8/9/01, Register 159; am
3/2/2008, Register 185; am 8/12/2018, Register 227)
Authority: AS 23.05.060 AS 36.10.075
AS 36.10.120 AS 36.05.030
8 AAC 30.100
8 AAC 30.100. Hearings.
(a) Both respondent and complainant may be
represented by counsel. If counsel for a party notifies the
division, in writing, that counsel is appearing in the matter
on behalf of the party, service of notices, memoranda,
recommendations, or other papers will be considered
sufficient if made on counsel.
(b) The division will give notice to the respondent and
to the complainant, if any, of the time and place of the
hearing on an alleged violation of AS 36.05 or AS 36.10
by certified mail, or by personal service at least 15 days
before the hearing. Mailing to the last known address or
the address listed with the division of occupational
licensing for construction contractors shall be considered
valid service. The notice will contain a copy of the
complaint and a description of the alleged violation which
will be considered at the hearing.
(c) The location of the hearing will be designated by
the division with due regard for the convenience of all
persons involved. All hearings are public.
(d) The director will appoint a wage and hour
investigator or contract with an attorney licensed in this
state to serve as hearing officer, to preside over the
hearing, and to make findings of fact and conclusions of
law to be used as a basis for the director's decision. An
investigator who has investigated the alleged violations or
taken part in the informal conference under 8 AAC 30.090
will not be appointed hearing officer.
(e) The hearing officer has full authority to control the
procedure of the hearing and to rule on all motions and
objections.
(f) The hearing officer may admit any relevant
evidence, regardless of the existence of any common law
or statutory or court rule which might make improper the
admission of such evidence over objection in civil actions,
if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs.
Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but will
not be sufficient in itself to support a finding unless it
would be admissible over objection in civil actions.
(g) Oral evidence must be given under oath or
affirmation. A record of the proceedings will be kept.
(h) The hearing officer, respondent, and complainant
may
(1) call and examine witnesses;
(2) cross-examine opposing witnesses on any
matter relevant to the issue at hand even though that
matter was not covered in direct examination; and
(3) introduce exhibits.
(i) If the respondent or complainant does not testify in
that person's own behalf, that person may be called and
examined as if under cross-examination.
0) The hearing officer may, for good cause shown,
continue a hearing from day to day or recess it to a later
date or to a different place by announcement at the
hearing or by notice.
(Eff. 12/4/76, Register 60; am 1/2/91, Register 116; am
18
8 AAC 30.200
8/9/01; Register 159)
Authority: AS 23.05.060 AS 36.10.075
AS 36.10.120 AS 36.05.030
8 AAC 30.110. Decisions.
(a) The hearing officer will prepare a written
recommendation to the director containing findings of fact
and conclusions of law. A copy of the recommendations
will be mailed or otherwise delivered to the respondent
and to the complainant, if any. The director will act upon
the hearing officer's recommendation and render a final
decision within 30 days.
(b) Upon making a decision, the director will serve it
upon the respondent and complainant, if any, by personal
service or certified mail, return receipt requested. If the
director determines that the respondent has violated
AS 36.05 or AS 36.10, the decision may contain such
cease and desist orders and other orders and relief,
including a recommendation that the respondent be
placed on a list of violators who are barred from
performing public contracts as provided under
AS 36.05.090 and AS 36.10.090, as the director
considers appropriate to correct the unlawful conduct. If,
after the director's decision finding the respondent in
violation of AS 36.05 or AS 36.10 is served on the
respondent, the director determines that the respondent
has not ceased or has failed to correct the unlawful
conduct, the director will refer the matter to the attorney
general for enforcement.
(Eff. 12/4/76, Register 60; am 8/9/01, Register 159)
Authority: AS 23.05.060 AS 36.10.075
AS 36.10.125 AS 36.05.030
AS 36.10.120
ARTICLE 5. DEBARMENT.
Section:
200. Review and Recommendations
210. Hearings
220. Decisions
230. Appeals
240. Request for Removal
8 AAC 30.200. Review and Recommendations.
(a) Contractors or subcontractors who have
disregarded their obligations to employees as defined in
8 AAC 30.900 may be subject to debarment for three
years.
(b) Debarment will be considered in those cases in
which a contractor or subcontractor has committed willful,
aggravated or repeated violations of the provisions of
AS 36.05.
(c) The standards to be considered in determining if
the contractor's or subcontractor's violations merit
recommendation for debarment are
(1) falsification or concealment of records;
(2) refusal to pay prevailing wages;
(3) failure to pay prevailing wages;
(4) extent and seriousness of the violations; or
8 AAC 30.200
(5) three or more violations on the same or
separate contracts within a five-year period.
(d) A prime contractor may be considered for
debarment in cases where the violations are committed
by its subcontractors. Criteria considered in determining
whether a prime should be debarred are:
(1) a history of subcontractors violating under that
prime;
(2) failure of the prime contractor to notify its
subcontractors of the requirements of AS 36.05; and
(3) informing subcontractors how not to comply,
or assisting a subcontractor in not complying with
AS 36.05.
(e) At the completion of an enforcement action
against a contractor or subcontractor for a violation of
AS 36.05, the investigator will review the file to determine
if a recommendation for debarment is warranted in
accordance with (c) or (d) of this section. If it is
determined that a recommendation for debarment is
proper, the investigator will forward the recommendation
citing specific statutes through his or her supervisor to the
director. The director will review the recommendation of
the investigator and determine if the case will be referred
for hearing.
(f) When, as a result of an investigation conducted by
the department, the director finds reasonable cause to
believe that a contractor or subcontractor has committed
willful or aggravated violations of AS 36.05 which
constitute a disregard of its obligations to employees
under that chapter, the director shall notify by personal
service or certified mail to the last known address, the
contractor or subcontractor and its responsible officers, of
the finding. The director shall afford the contractor or
subcontractor and any other parties notified an
opportunity for a hearing as to whether debarment action
should be taken under AS 36.05.090. The director will
furnish to those notified a summary of the investigative
findings. If the contractor or subcontractor or any other
parties notified request a hearing, the request must be
made by letter postmarked within 30 days of the date of
the letter from the director. The request must set forth any
findings which are in dispute and the reasons therefore,
including any affirmative defenses to be raised. Upon
receipt of a request for a hearing, the director shall refer
the case for hearing to determine the facts in dispute.
(g) Hearings under this section shall be conducted in
accordance with 8 AAC 30.210. If no hearing is requested
within 30 days of the date of the director's letter, the
director's findings shall be final.
(Eff. 1/2/91, Register 116)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.090
8 AAC 30.210. Hearings.
(a) The respondent may be represented by counsel.
If counsel for a party notifies the division, in writing, that
counsel is appearing in the matter on behalf of the party,
service of notices, memoranda, recommendations, or
iM
8 AAC 30.210
other papers will be considered sufficient if made on
counsel.
(b) The division will give notice to the respondent of
the time and place of the hearing on an alleged violation
of AS 36.05 by certified mail or by personal service at
least 15 days before the hearing. The notice will contain
a summary of investigative findings that will be considered
at the hearing. Service on the address a contractor or
subcontractor has provided to the division of occupational
licensing for the purpose of obtaining a contractor's
license, or the last known address furnished by the
contractor or subcontractor, shall be considered valid
service.
(c) The location of the hearing will be designated by
the division with due regard for the convenience of all
persons involved. All hearings are public.
(d) The director will appoint a wage and hour
investigator or contract with an attorney licensed in this
state to serve as hearing officer to preside over the
hearing and to make findings of fact and conclusions of
law to be used as a basis for the director's decision. An
investigator who has investigated the alleged violations or
taken part in the informal conference under 8 AAC 30.090
will not be appointed hearing officer.
(e) The hearing officer has full authority to control the
procedure of the hearing and to rule on all motions and
objections.
(f) The hearing officer may admit any relevant
evidence, regardless of the existence of any common law
or statutory or court rule that might make improper the
admission of such evidence over objection in civil actions,
if the evidence is the sort of evidence on which
responsible persons are accustomed to rely in the
conduct of serious affairs. Hearsay evidence may be
used for the purpose of supplementing or explaining any
direct evidence but is not sufficient in itself to support a
finding unless the hearsay evidence would be admissible
over objection in civil actions. The hearing officer may
issue subpoenas at the request of either party or on the
hearing officer's own motion.
(g) Oral evidence must be given under oath or
affirmation. A record of the proceedings will be kept.
(h) The hearing officer, respondent, and complainant
may
(1) call and examine witnesses;
(2) cross-examine opposing witnesses on any
matter relevant to the issue at hand even though that
matter was not covered in direct examination; and
(3) introduce exhibits.
(i) If the respondent does not testify in the
respondent's own behalf, that person may be called and
examined as if under cross-examination.
(j) The hearing officer may, for good cause shown,
continue a hearing from day to day or recess it to a later
date or to a different place by announcement at the
hearing or by notice.
(k) The department has the burden of proving that the
alleged violations have occurred. The standard of proof
required is by a preponderance of the evidence.
8 AAC 30.210
(Eff. 1/2/91, Register 116; am 8/9/01, Register 159)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.090
8 AAC 30.220. Decisions.
(a) Within 90 days of concluding a hearing, the
hearing officer will prepare a written recommendation to
the director containing findings of fact and conclusions of
law. A copy of the recommendations will be mailed or
otherwise delivered to the respondent and to the
complainant, if any. The director may accept the
recommendations, in part or in whole, or may remand the
matter for further hearing. The director must act upon the
hearing officer's recommendation and render a decision
within 30 days.
(b) Upon making a decision, the director will serve it
upon the respondent by personal service or certified mail.
If the director determines that the respondent has
disregarded its obligations to employees under AS 36.05,
the decision will order that the respondent be placed on a
list of violators who are barred from performing public
contracts as provided under AS 36.05.090.
(c) In the absence of or in addition to action of a state
disbursing officer or local fiscal officer, the department will
distribute a list reflecting the names of debarred
contractors and the effective period of the debarment.
(Eff. 1/2/91, Register 116; am 3/2/2008, Register 185)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.090
8 AAC 30.230. Appeals.
The director's decision is final. Appeals must be filed in
superior court in accordance with Alaska court Rules of
Appellate Procedure.
(Eff. 1/2/91, Register 116)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.090
8 AAC 30.240. Request for Removal.
Any person or firm debarred under AS 36.05.090 and
8 AAC 30.220 may, in writing, request removal from the
debarment list after six months from the date the
debarment took effect. All requests should be directed to
the director of labor standards and safety and must
contain a full explanation of the reasons why such person
or firm should be removed from the debarred list. In cases
where the contractor or subcontractor failed to make full
restitution of wages and fringe benefit contributions to all
underpaid employees, a request for removal will not be
considered until all underpayments, including appropriate
interest, are made. In other cases, the director will
examine the facts and circumstances surrounding the
violative practices which caused the debarment and issue
a decision as to whether or not the person or firm has
demonstrated a current responsibility to comply with
AS 36.05 and therefore should be removed from the
ineligible list.
(Eff. 1/2/91, Register 116)
Authority: AS 23.05.060 AS 36.05.030
AS 36.05.090
we,
8 AAC 30.900
ARTICLE 6. GENERAL PROVISIONS.
Section:
900. General Definitions
910. Definition of "On -Site."
920. Definition of "Economic Region."
8 AAC 30.900. General Definitions.
In this chapter and in AS 36
(1) "commissioner" means the commissioner of
labor and workforce development;
(2) "crafts" and "occupations" mean the
occupations identified in the Standard Occupational
Classification Manual (2018 edition);
(3) "debar" or "debarment" means being placed
on a list of persons who are barred from performing public
contracts under AS 36.05.090;
(4) "department" means the Alaska Department
of Labor and Workforce Development;
(5) "director" means the director of the labor
standards and safety division of the department;
(6) "disregarded their obligations to employees"
(or a grammatical variant) as used in AS 36.05.090 and
this chapter includes any of the following:
(A) failure or refusal to pay basic prevailing
wages;
(B) failure or refusal to pay fringe benefits into
the appropriate union trust, approved private pension
plan, or other approved fringe benefit plan within
applicable time limits;
(C) failure to pay at least once a week;
(D) failure to pay unconditionally; or
(E) failure to report wage payments to
employees accurately and timely as required by
AS 36.05.040;
(7) "division" means the labor standards and
safety division of the department;
(8) "eligible resident" means a person who meets
the requirements of AS 36.10.140(a) and AS 01.10.055
and who, under 8 AAC 30.072, would be determined to
be a resident of an area that has been determined by the
department under this chapter to be a resident hiring zone
of preference;
(9) "hire" and its derivatives mean engaging an
individual to work on a public -funded project, and includes
the transfer of an existing employee from one location to
another or from one craft or occupation to another;
(10) "interest" as used in AS 36.05.090 means
more than five percent investment in a partnership or
association, more than ten percent share in stock in a
corporation, or holding any elected or appointed office in
the business entity;
(11) "majority penetration" means that the
majority of qualified laborers, mechanics, and field
surveyors working at a particular skill level in a particular
job class, as indicated by response to a department
survey, receive a particular wage;
8 AAC 30.910
(12) "marginally employed" means that a person
is employed for fewer than 30 hours a week and the
person wishes to work 30 hours or more a week;
(13) "owner/operator" as used in
8 AAC 30.020(d) means those independent contractors
who by virtue of the duties they perform, or the manner in
which they perform them, cannot be considered
employees of the person or entity who has contracted for
their services; in this paragraph, "independent contractor"
means a person who
(A) has an express contract to perform the
services;
(B) is free from direction and control over the
means and manner of providing services, subject only to
the right of the individual for whom, or entity for which, the
services are provided to specify the desired results,
completion schedule, or range of work hours, or to
monitor the work for compliance with contract plans and
specifications, or federal, state, or municipal law;
(C) incurs most of the expenses for tools,
labor, and other operational costs necessary to perform
the services;
(D) has the opportunity for profit and loss as
a result of the services performed for the other individual
or entity; and
(E) is free to hire and fire employees to help
perform the services for the contracted work;
(14) [repealed 8/9/2001;]
(15) "person" and "persons" as used in
AS 36.05.090 means a person as that term is defined in
AS 01. 10.060 (8);
(16) "prevailing wage rate" means the total of the
basic hourly rate, health and welfare, pension, legal
service, apprentice training payments and other fringe
benefits which inure to the benefit of the worker, as
published by the department;
(17) "public -funded project" means a project
described in AS 36.10.180 and AS 36.95.010 (3);
(18) "qualified" means having the education,
training and experience necessary to perform the duties
and satisfy the terms and conditions which are usual for
the industry or profession or having the status specified in
AS 36.95.010 (4);
(19) "state agency" means a state agency
described in AS 36.10.180 (a)(1);
(20) "state employment centers" means those
offices maintained by the department whose functions are
to aid the unemployed in finding employment;
(21) "underemployed" means employed in a job
that requires less skill or training than a job for which the
employee is trained and qualified.
(22) "domiciled resident" means a person living
within 65 road miles of a public construction project, or in
the case of a highway project, the mid -point of the project,
for at least 12 consecutive months prior to the award of
the public construction project;
(23) "employed on the project" means the time
period from the date the laborer, mechanic, or field
21
8 AAC 30.910
surveyor first reports on-site to the project through the
final date the person reports on-site to the project.
(Eff. 7/8/73, Register 47; am 12/4/76, Register 60; am
7/30/82, Register 83; am 9/27/87, Register 103; am
1/2/91, Register 116; am 8/9/01, Register 159; am
8/12/2018, Register 227; am 11/25/2018, Register 228;
am 1/10/2021, Register 273)
Authority: AS 23.05.060 AS 36.10.075
AS 36.95.010 AS 36.05.030
AS 36.10.140
Editor's note:
Copies of the Standard Occupational Classification
Manual adopted by reference in 8 AAC 30.900(2) are
available for review at the Anchorage, Fairbanks, and
Juneau offices of the department.
As of Register 151 (October 1999), the regulations
attorney made technical revisions under AS 44.62.125
(b)(6) to reflect the name change of the Department of
Labor to the Department of Labor and Workforce
Development made by ch. 58, SLA 1999 and the
corresponding title change of the commissioner of labor.
8 AAC 30.910. Definition of "on-site."
(a) In AS 36.95.010(3), "on-site" means at the
physical place where the construction called for in a
contract will remain when work on it has been completed
and at other property used by the contractor or
subcontractor in the construction which can reasonably
be said to be included in the site because of proximity.
The scope of "on-site"
(1) has the following exceptions:
(A) for a truck driver employee or truck driver
owner/operator working for a contractor or subcontractor
on the project, "on-site" encompasses all round-trip truck
driving activity associated with delivering or hauling away
materials, equipment, or supplies for the purposes of
completing a public construction contract;
(B) for a truck driver employee or truck driver
owner/operator who is working for a contractor or
subcontractor on the project, and who, for the purposes
of completing a public construction contract, hauls
materials, equipment, or supplies away from a public
construction project footprint, but does not return to the
public construction project, "on-site" encompasses the
haul -away activities until the truck is offloaded;
(C) a truck driver performing delivery as an
employee of a bona fide material supplier or common
carrier is not "on-site" when delivering materials from a
location that is not "on-site," including that material
supplier's home yard or warehouse, if that location is not
dedicated exclusively or nearly so to performance of one
or more public construction projects;
(2) is extensive for larger projects, including
airports, dams and roads, and includes the whole area in
which the contract construction activity will take place;
work areas separate from the physical footprint of the
construction activity, including fabrication plants, mobile
factories, batch plants, borrow pits, rock quarries, job
headquarters, tool yards, and similar work areas, are "on -
8 AAC 30.910
site" if they are in close proximity and are dedicated
exclusively or nearly so to performance of one or more
public construction projects during the period of contract
construction activity;
(3) for smaller projects, normally includes no
more than the building itself and its grounds and other
land or structures that are "down the block" or "across the
street" that the contractor or subcontractor uses in
performance of a particular public construction project.
(b) Laborers, mechanics, or field surveyors who
perform duties within the limits of "on-site" are subject to
the department's wage decision for all hours spent
working "on-site." Workers who, under this subsection,
are subject to the department's wage decision include
(1) flaggers;
(2) barricade suppliers who set up or move
barricades or other traffic control devices;
(3) employees of bona fide material suppliers or
common carriers who perform work "on-site," other than
mere delivery, including drivers or delivery workers
assisting in specific placement of asphalt or concrete
during construction operations, stocking materials in
rooms or on floors, or otherwise performing work in
construction;
(4) workers who perform mobilization or
demobilization activities;
(5) workers contracted or employed by material
or equipment suppliers who erect, clean, repair, construct,
or perform operational checks, other than contractually
obligated warranty work, on equipment or material located
"on-site"; and
(6) laborers, mechanics, or field surveyors who
are engaged by a person or business that is hired or
contracted by a prime construction contractor or
subcontractor to provide services that are integral and
necessary to the construction project; workers who are
subject to this paragraph
(A) shall be considered to be "on-site" in the
performance of those duties that the contractor or
subcontractor was required to perform;
(B) include a trucking firm other than a
common carrier whose services are engaged by a
construction contractor or subcontractor on a public works
job to pick up materials from a supplier's delivery point
and transport them to the job site.
(c) Not included in "on-site" are permanent home
offices, branch plants, fabrication plants, tool yards, and
other establishments of a contractor or subcontractor
whose locations and continuance are governed by its
general business operations. This is so even though
mechanics, laborers, and field surveyors working at these
establishments may repair or maintain machinery used in
contract performance or make doors, windows, frames, or
forms called for by the contract while continuing normal
commercial work. Regardless of the activities performed
at these establishments, the department's wage decision
does not apply, because they are not "on-site." However,
if mechanics, laborers, or field surveyors are required to
go to a place that is "on-site" to perform activities on the
22
8 AAC 30.910
contract, the department's wage decision is applicable for
the actual time so spent, not including travel.
(d) For purposes of this section, a location or work
area, or the existence or continuing operation of an
enterprise, is dedicated exclusively or nearly so to one or
more public construction projects if
(1) the location, work area, or enterprise is
established in conjunction with one or more public
construction projects; and
(2) during the year before a public construction
project and during the life of a public construction project,
less than 10 percent of documented sales or other uses
are attributed to non-public construction projects.
(e) For purposes of this section, a site is in proximity
to a public construction project if it is nearby the public
construction project footprint and used on a regular and
recurring basis to complete the public construction
contract. The department will determine whether a site is
in proximity to a public construction project on a project -
by -project basis, taking into account
(1) the type of project;
(2) whether the use of a nearby site is required
for completion of the project;
(3) whether the area of contract operations is
developed or undeveloped; and
(4) the geographical lay of the land.
(f) In this section,
(1) "bona fide material supplier"
(A) means a commercial enterprise that
holds itself out to the public as offering to supply sand,
gravel, ready -mixed concrete, hot asphalt, or other
construction materials to multiple clients for both public
and private jobs; does not include a commercial
enterprise whose existence or continuing operation is
dedicated exclusively or nearly so to one or more public
construction projects;
(2) "common carrier"
(A) means a commercial enterprise that
holds itself out to the public as offering to transport freight
or passengers and delivers multiple types of materials to
multiple clients for both public and private jobs on a
recurrent basis over established routes; in this
subparagraph, "freight"
(i) means materials, supplies, and
equipment, other than materials described in (ii) of this
subparagraph;
(ii) does not include dirt, sand, gravel,
rock, or other naturally occurring earth materials;
(B) does not include a commercial enterprise
whose existence or continuing operation is dedicated
exclusively or nearly so to one or more public construction
projects.
(Eff. 7/30/82, Register 83; am 1/2/91, Register 116; am
8/9/2001, Register 159; am 3/24/2011, Register 197)
Authority: AS 23.05.060 AS 36.05.030
AS 36.10.075
8 AAC 30.920
8 AAC 30.920. Definition of "Economic Region."
In AS 36.10, "economic region" means a geographic area
of the state sharing similar economic or demographic
characteristics.
(Eff. 9/27/87, Register 103)
Authority: AS 36.10.075 AS 36.10.990
Editor's note:
Forms and any other assistance needed for
compliance with 8 AAC 30 may be obtained by contacting
any state employment center or the Department of Labor
and Workforce Development, Wage and Hour
Administration, 1251 Muldoon Road, Suite 113,
Anchorage, Alaska 99504.
23
8 AAC 30.920
PAMPHLET NO. 400 - INDEX
TITLE 36 - PUBLIC CONTRACTS
TOPIC PAGE NO
Apprentices...........................................................................................................................................
4
Contracting Agency
Award/Notification (To DOL)...............................................................................................
1,10
Contract Specifications — Requirements........................................................................................1
Withholding Accrued Payments..............................................................................................
11
WithholdingFinal Payments.....................................................................................................
2
Contractor Bonds Requirements.....................................................................................................1,
8, 10
MunicipalExemptions...............................................................................................................
9
Certified Payrolls Requirements....................................................................................................
1, 10, 15
Computer Generated Forms...................................................................................................
10
Filing...................................................................................................................................
1, 10
Debarment.....................................................................................................................................18-19
Definitions................................................................................................................................6,8-9,20
"On-Site"........................................................................................................................9,
21-22
Employment Preference/Local Hire
Contracting Agency Notification..............................................................................................
13
Computations- Rounding.......................................................................................................
16
Debarment.........................................................................................................................18-19
Definitions...........................................................................................................................
8,20
Eligibility for Employment Preference - (Employee)..................................................................
6
Employer Reporting Requirements.......................................................................... 6,
13, 15-16
FederalFunds Involved............................................................................................................
5
Investigations & Hearings........................................................................................ 6,
17, 18-19
Projects Subject to Employment Preference............................................................................
7
Residency - Determination/Eligibility...................................................................................
6, 14
Violations/Penalties...........................................................................................................
17-18
Waivers.............................................................................................................................
14-16
Fringe Benefit Contributions...............................................................................................................
11
AsWages.................................................................................................................................
9
Investigations & Hearings.................................................................................................... 6,
17, 18-19
JobTraining Programs.......................................................................................................................
16
LittleMiller Act/Liens..........................................................................................................................
8-9
Non -Competitive Contracts...................................................................................................................
3
Noticeof Work......................................................................................................................................
2
Noticeof Completion............................................................................................................................
2
Owner/Operator......................................................................................................................
10, 20, 21
FilingCertified Payrolls.......................................................................................................................
10
Wage Rates - Public Construction....................................................................................................
1,2
Authorityto Determine..........................................................................................................................
1
Definition (Prevailing Wage Rate).......................................................................................................
20
Determination of Wage Rates.........................................................................................................
1, 12
Required In Contracts & Specifications................................................................................................
2
Special Wage Rate Determinations....................................................................................................
12
Wages- Definition................................................................................................................................
9
WageSurvey................................................................................................................................
12,20
WithholdingFunds................................................................................................................................3
24
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