State of Alaska DOT Invitation To Bid – Dust Palliative – Rural Airports (TPD1303153)

THIS IS NOT AN ORDER                                                                                        DATE ITB ISSUED: March 8, 2016

Sealed bids must be submitted to the State of Alaska, Department of Transportation and Public Facilities, Statewide Procurement Office from which they were issued, and must be time and date stamped by the purchasing section prior to 10:00 AM on March 30, 2016, at which time they will be publicly opened.

DELIVERY LOCATION: Multiple Locations – See Bid Schedule

DELIVERY DATE: Multiple Dates – See Bid Schedule

IMPORTANT NOTICE:If you received this solicitation from the State’s “Online Public Notice” web site, you must register with the Procurement Officer listed on this document to receive subsequent amendments. Failure to contact the Procurement Officer may result in the rejection of your offer.

BIDDER’S NOTICE:

Contracts for purchases resulting from this bid will be made utilizing Federal Funds. As such, and per AS 36.30.890, no State of Alaska Bidder or Product Preferences may apply.

Sec. 36.30.890. Federal Assistance

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

2 AAC 12.730. Federal Assistance

If a procurement involves the expenditure or federal funds or requires federal assistance and there is a conflict between a provision of this chapter and federal statute, regulation, policy, or requirement, the procurement officer shall comply with the federal statute, regulation, policy, or requirement.

Authority: AS 36.30.040; AS 36.30.890

INSTRUCTIONS TO BIDDERS:

1. 1.      INVITATION TO BID (ITB) REVIEW: Bidders shall carefully review this ITB for defects and questionable or objectionable material. Bidders’ comments concerning defects and questionable or objectionable material in the ITB must be made in writing and received by the purchasing authority at least ten (10) days before the bid opening date.  This will allow time for an amendment to be issued if one is required. It will also help prevent the opening of a defective bid, upon which award cannot be made, and the resultant exposure of bidders’ prices. Bidders’ original comments should be sent to the purchasing authority listed on the front of this ITB.
   1. 2.       BID FORMS: Bidders shall use this and attached forms in submitting bids. A photocopied bid may be submitted.
2. 3.        SUBMITTING BIDS: Envelopes containing bids must be sealed, marked, and addressed as shown in the example below. Do not put the ITB number and opening date on the envelope of a request for bid information. Envelopes with ITB numbers annotated on the outside will not be opened until the scheduled date and time.

1. 4.        PRICES: The bidder shall state prices in the units of issue on this ITB. Prices quoted for commodities must be in U.S. funds and include applicable federal duty, brokerage fees, packaging, and transportation cost to the FOB point so that upon transfer of title the commodity can be utilized without further cost. Prices quoted for services must be quoted in U.S. funds and include applicable federal duty, brokerage fee, packaging, and transportation cost so that the services can be provided without further cost. Prices quoted in bids must be exclusive of federal, state, and local taxes. If the bidder believes that certain taxes are payable by the State, the bidder may list such taxes separately, directly below the bid price for the affected item. The State is exempt from Federal Excise Tax except the following:

• Coal – Internal Revenue Code of 1986 (IRC), Section 4121 – on the purchase of coal;
• “Gas Guzzler” – IRC, Section 4064 – on the purchase of low m.p.g. automobiles, except that police and other
• emergency type vehicles are not subject to the tax;
• Air Cargo – IRC, Section 4271 – on the purchase of property transportation services by air;
• Air Passenger – IRC, Section 4261 – on the purchase of passenger transportation services by air carriers.

1. 5.       VENDOR TAX ID NUMBER: If goods or services procured through this ITB are of a type that is required to be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to the State of Alaska before payment will be made.
2. 6.       FILING A PROTEST: A bidder may protest the award of a contract or the proposed award of a contract for supplies, services, or professional services. The protest must be filed in writing and include the following information: (1) the name, address, and telephone number of the protester; (2) the signature of the protester or the protester’s representative; (3) identification of the contracting agency and the solicitation or contract at issue; (4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) the form of relief requested. Protests will be treated in accordance with Alaska Statutes (AS)36.30.560-36.30.610.

CONDITIONS:

1. 1.       AUTHORITY: This ITB is written in accordance with AS 36.30 and 2 AAC 12.
2. 2.        COMPLIANCE: In the performance of a contract that results from this ITB, the Contractor must comply with all applicable federal, state, and borough regulations, codes, and laws; and be liable for all required insurance, licenses, permits and bonds; and pay all applicable federal, state, and borough taxes.
3. 3.       SUITABLE MATERIALS, ETC.: Unless otherwise specified, all materials, supplies or equipment offered by a bidder shall be new, unused, and of the latest edition, version, model or crop and of recent manufacture.
4. 4.       SPECIFICATIONS: Unless otherwise specified in the ITB, product brand names or model numbers specified in this ITB are examples of the type and qualities of product required, and are not statements of preference. If the specifications describing an item conflict with a brand name or model number describes the item, the specifications govern. Reference to brand name or number does not preclude an offer of a comparable or better product, if full specifications and descriptive literature are provided for the product. Failure to provide such specifications and descriptive literature may be cause for rejection of the offer.
5. 5.        FIRM OFFER: For the purpose of award, offers made in accordance with this ITB must be good and firm for a period of ninety (90) days from the date of bid opening.
6. 6.      EXTENSION OF PRICES: In case of error in the extension of prices in the bid, the unit prices will govern; in a lot bid, the lot prices will govern.
   1. 7.       BID PREPARATION COSTS: The State is not liable for any costs incurred by the bidder in bid preparation.
7. 8.       CONSOLIDATION OF AWARDS:  Due to high administrative costs associated with processing of purchase orders, a single low bid of $50 or less may, at the discretion of the State, be awarded to the next low bidder receiving other awards for consolidation purposes. This paragraph is not subject to the protest terms enumerated in “INSTRUCTION TO BIDDERS”, “FILING A PROTEST” above.
8. 9.       CONTRACT FUNDING: Bidders are advised that funds are available for the initial purchase and/or the first term of the contract. Payment and performance obligations for succeeding purchases and/or additional terms of the contract are subject to the availability and appropriation of funds.
9. 10.    CONFLICT OF INTEREST: An officer or employee of the State of Alaska may not seek to acquire, be a party to, or possess a financial interest in, this contract if; 1) the officer or employee is an employee of the administrative unit that supervises the award of this contract; or 2) the officer or employee has the power to take or withhold official action so as to affect the award or execution of the contract.
10. 11.    ASSIGNMENT(S): Assignment of rights, duties, or payments under a contract resulting from this ITB is not permitted unless authorized in writing by the State of Alaska, Department of Administration, Division of General Services. Bids that are conditioned upon the State’s approval of an assignment will be rejected as non-responsive.
11. 12.    SUBCONTRACTOR(S): Within five (5) working days of notice, the apparent low bidder must submit a list of the subcontractors that will be used in the performance of the contract. The list must include the name of each subcontractor and the location of the place of business for each subcontractor and evidence of each subcontractor’s valid Alaska business license. Subcontractors can only be changed per AS 36.30.115 (b).
12. 13.    FORCE MAJEURE:  (Impossibility to perform) The Contractor is not liable for the consequences of any failure to perform, or default in performing, any of its obligations under this Agreement, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the Contractor. For the purposes of this Agreement, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities.
13. 14.    LATE BIDS: Late bids are bids received after the time and date set for receipt of the bids. Late bids will not be accepted.
14. 15.    CONTRACT EXTENSION: Unless otherwise provided in this ITB, the State and the successful bidder/Contractor agree: (1) that any holding over of the contract excluding any exercised renewal options, will be considered as a month-to-month extension, and all other terms and conditions shall remain in full force and effect and (2) to provide written notice to the other party of the intent to cancel such month-to-month extension at least thirty (30) days before the desired date of cancellation.
15. 16.    DEFAULT: In case of default by the Contractor, for any reason whatsoever, the State of Alaska may procure the goods or services from another source and hold the Contractor responsible for any resulting excess cost and may seek other remedies under law or equity.
16. 17.    DISPUTES: Any dispute arising out of this agreement shall be resolved under the laws of Alaska. Any appeal of an administrative order or any original action to enforce any provision of this agreement or to obtain any relief from or remedy in connection with this agreement may be brought only in the superior court for the First Judicial District of Alaska.
17. 18.    CONSUMER ELECTRICAL PRODUCT: AS 45.45.910 requires that “…a person may not sell, offer to sell, or otherwise transfer in the course of the person’s business a consumer electrical product that is manufactured after August 14, 1990, unless the product is clearly marked as being listed by an approved third party certification program.” Electrical consumer products manufactured before August 14, 1990, must either be clearly marked as being third party certified or be marked with a warning label that complies with AS 45.45.910(e). Even exempted electrical products must be marked with the warning label. By signature on this bid the bidder certifies that the product offered is in compliance with the law. A list of approved third party certifiers, warning labels and additional information is available from: Department of Labor, Labor Standards & Safety Division, Mechanical Inspection Section, P.O. Box 107020, Anchorage, Alaska 99510-7020, (907)269-4925.

SPECIAL CONDITIONS:

1. 1.       ORDER DOCUMENTS: Except as specifically allowed under this ITB, an ordering agency will not sign any vendor contract. The State is not bound by a vendor contract signed by a person who is not specifically authorized to sign for the State under this ITB. The State of Alaska Purchase Order, Contract Award and Delivery Order are the only order documents that may be used to place orders against the contract(s) resulting from this ITB.
2. 2.       BILLING INSTRUCTIONS: Invoices must be billed to the ordering agency’s address shown on the individual Purchase Order, Contract Award or Delivery Order, not to the Division of General Services. The ordering agency will make payment after it receives the merchandise or service and the invoice. Questions concerning payment must be addressed to the ordering agency.
3. 3.       CONTINUING OBLIGATION OF CONTRACTOR: Notwithstanding the expiration date of a contract resulting from this ITB, the Contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance and parts availability requirements have completely expired.

ALASKA VENDOR & PRODUCT PREFERENCES:

State and local preferences will not be applied to federally funded projects.

** END OF INSTRUCTIONS TO BIDDERS **

FEDERAL REQUIREMENTS & CONDITONS

FEDERALLY FUNDED PROJECT(S) / ALASKA BUSINESS LICENSE REQUIREMENTS

When Federal funds are involved, the Alaska Business License must be obtained prior to the award of a contract. 23 CFR 635.110; “Licensing and qualification of contractors”, (c) reads:

“No contractor shall be required by law, regulation, or practice to obtain a license before submission of a bid or before the bid may be considered for award of a contract”

Offerors should contact the Department of Community and Economic Development, Division of Occupational Licensing, P. O. Box 110806, Juneau, Alaska 99811-0806, for information on obtaining applicable licenses.

CERTIFICATIONS

The Contractor must meet the following Federal certification requirements:

1. Debarment, suspension, and other responsibility matters for primary covered transactions The Contractor certifies, to the best of its knowledge and belief, that it and its principles:

a)      Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

b)      Have not, within a three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust

statues, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c)      Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification: and

d)      Have not within three (3)-year period preceding this certification had one or more public transaction (federal, state, or local)

terminated from clause or default.

e)      Contractor also certifies that, if it later becomes aware of any information contradicting the statements of paragraph a) above, it will promptly provide that information to the Alaska Department of Transportation.

DISADVANTAGE BUSINESS ENTERPRISE ASSURANCE

In accordance with 49 CFR 26.13(a), contractor assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or sub-agreement supported with Federal assistance derived from the U.S. DOT or in the administration of its DBE program or the requirement of 49 CFR part 26. The recipient assures that it shall take all necessary and reasonable steps under 49CFR part 26 to ensure nondiscrimination in the award and administration of all third party contracts and sub-agreement supported with Federal assistance derived from the U.S. Department of Transportation.

BIDDERS WITH DISABILITIES: The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to participate in this procurement should contact the Department of Transportation & Public Facilities at one of the following numbers no later than 10 days prior to the bid opening to make any necessary arrangements.

COMPLIANCE WITH ADA: By signature of their bid the bidder certifies that they comply with the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government.

Services or activities furnished to the general public on behalf of the state must be fully accessible. This is intended to ensure that agencies are in accordance with 28 CFR Part 35 Section 35.130 and that services, programs or activities furnished to the public through a contract do not subject qualified individuals with a disability to discrimination based on the disability.

CONTRACT PERFORMANCE LOCATION: By signature on their bid, the bidder certifies that all services provided under this contract by the contractor and all subcontractors shall be performed in the United States.

If the bidder cannot certify that all work will be performed in the United States, the bidder must contact the procurement officer in writing to request a waiver at least 10 days prior to the deadline for receipt of bids.

The request must include a detailed description of the portion of work that will be performed outside the United States, where, by whom, and the reason the waiver is necessary.

Failure to comply with these requirements may cause the state to reject the bid as non- responsive, or cancel the contract.

HUMAN TRAFFICKING: By signature on their bid, the bidder certifies that the bidder is not established and headquartered or incorporated and headquartered in a country recognized as Tier 3 in the most recent United States Department of State’s Trafficking in Persons Report.

The most recent United States Department of State’s Trafficking in Persons Report can be found at the following website: http://www.state.gov/g/tip/

Failure to comply with this requirement will cause the state to reject the bid as non-responsive, or cancel the contract

CONTRACT INTENT: This Invitation to Bid (ITB) is intended to result in the purchase of Dust Palliative, at multiple rural airports located in the Northern Region, for the Department of Transportation & Public Facilities.

NOTICE OF INTENT TO AWARD: After the responses to this ITB have been opened and evaluated, a tabulation of the bids will be prepared. This tabulation, called a Notice of Intent to Award, serves two purposes. It lists the name of each company or person that offered a bid and the price they bid. It also provides notice of the state’s intent to award a contract(s) to the bidder(s) indicated. A copy of the Notice of Intent will be mailed to each company or person who responded to the ITB. Bidders identified as the apparent low responsive bidders are instructed not to proceed until a Purchase Order, Contract Award, Lease, or some other form of written notice is given by the contracting officer. A company or person who proceeds prior to receiving a Purchase Order, Contract Award, Lease, or some other form of written notice from the contracting officer does so without a contract and at their own risk.

PAYMENT FOR STATE PURCHASES: Payment for agreements under $500,000 for the undisputed purchase of goods or services provided to a state agency, will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. A late payment is subject to 1.5% interest per month on the unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest.

FEDERAL EXCISE TAX: The State of Alaska is exempt from Federal Excise Tax except for the following:

• Coal – Internal Revenue Code of 1986 (IRC), Section 4121 – on the purchase of coal;
• “Gas Guzzler” – IRC, Section 4064 – on the purchase of low m.p.g. automobiles, except that police and other emergency type vehicles are not subject to the tax;
• Air Cargo – IRC, Section 4271 – on the purchase of property transportation services by air;
• Air Passenger – IRC, Section 4261 – on the purchase of passenger transportation services by air charter.
• Leaking Underground Storage Tank Trust Fund Tax (LUST) – IRC, Section 4081 – on the purchase of Aviation gasoline, Diesel Fuel, Gasoline, and Kerosene.

The State of Alaska is also exempt from State Motor Fuel Taxes. The appropriate exemption forms will accompany a contract(s) resulting from this ITB. The state is not exempt from the Federal Superfund Tax.

CONTRACT ADMINISTRATION: The administration of this contract is the responsibility of Dan Adamczack, Project Manager, Department of Transportation & Public Facilities.

SHIPPING DAMAGE: The state will not accept or pay for damaged goods. The contractor must file all claims against the carrier(s) for damages incurred to items in transit from the point of origin to the ultimate destination. The state will provide the contractor with written notice when damaged goods are received. The state will deduct the cost of the damaged goods from the invoice prior to payment. The contractor must file all claims against the carrier(s) for reimbursement of the loss.

INDEMNIFICATION: The contractor shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the Contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Contractor” and “Contracting agency”, as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in the Contracting agency’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work.

INSURANCE: Without limiting contractor’s indemnification, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor’s policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits.

Certificates of Insurance must be furnished to the contracting officer prior to beginning work and must provide for a notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor’s services. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS 21.

Proof of insurance is required for the following:

Workers’ Compensation Insurance: The contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the state.

Commercial General Liability Insurance: covering all business premises and operations used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence.

Commercial Automobile Liability Insurance: covering all vehicles used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence.

Failure to supply satisfactory proof of insurance within the time required will cause the state to declare the bidder non-responsible and to reject the bid.

BRAND AND MODEL OFFERED: Unless otherwise specified, when brand names and model numbers are used to specify the type and quality of the goods desired, bidders must clearly indicate the brand names and model numbers they intend to provide. The bidder’s failure to

identify the brand and model offered will cause the state to consider the offer non-responsive and reject the bid.

ANNOTATED LITERATURE: Bidders must annotate their product literature to identify for the state the location of the supporting information regarding each product specification set out in this ITB. A bidder’s failure to comply with this clause, within the time set by the state, will cause the state to consider the offer non-responsive and reject the bid.

SUPPORTING INFORMATION: The state strongly desires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made by the contracting officer that the product offered meets the ITB specifications and that other requirements of the ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the state reserves the right to request supplemental information from the bidder, after the bids have been opened, to ensure that the products offered completely meet the ITB requirements. The requirement for such supplemental information will be at the reasonable discretion of the state and may include the requirement that a bidder will provide a sample product(s) so that the state can make a first-hand examination and determination.

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

FIRM, UNQUALIFIED AND UNCONDITIONAL OFFER: Bidders must provide enough information with their bid to constitute a definite, firm, unqualified and unconditional offer. To be responsive a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of the ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in the ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non- responsiveness.

NONDISCLOSURE AND CONFIDENTIALITY: Contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The contractor shall hold as confidential and will use reasonable care (including both facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, the confidential information. “Reasonable care” means compliance by the contractor with all applicable federal and state law, including the Social Security Act and HIPAA. The contractor must promptly notify the state in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information.

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines (i) provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor

agent in connection with this contract, or (ii) acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc).

If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure ( to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor’s receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information.

The following information shall not be considered confidential information: information previously known to be public information when received from the other party; information freely available to the general public; information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof; or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

CONTRACT PERIOD: This contract establishes a one-time purchase for Dust Palliative. Palliative is to be delivered to specific locations identified on the bid schedule by the date listed for that line item.

PRICE DECREASES: During the period of the contract all price decreases experienced by the contractor must be passed on to the state. A contractor’s failure to strictly and faithfully adhere to this clause, within the time required, will be considered in breach of contract.

ALTERATIONS: The contractor must obtain the written approval from the contracting officer prior to making any alterations to the specifications contained in this ITB. The state will not pay for alterations that are not approved in advance and in writing by the contracting officer.

DELIVERY: Please initial next to the date required listed on the bid schedule that it is your intent to delivery by the date required. If there are no initials or if dates are listed in excess of this requirement the State may determine your submission for that line item as non-responsive, and may be rejected

DELIVERY CONFIRMATION: Bidders must obtain a confirmation from the manufacturer that the items offered are scheduled for production in sufficient time to meet the scheduled delivery dates. A copy of the manufacturer’s confirmation may be included with the bid or submitted within 10 days of the state’s request. The bidder’s failure to provide the manufacturers

confirmation as required will cause the state to consider the bid non-responsive and reject the bid.

ADVANCE NOTICE OF DELIVERY: The contractor must notify the Project Manager which barge sailing (if applicable) the products are on, as well as estimated delivery time once shipping for the products has begun.

BID GUARANTEE: Bids must be accompanied by a bid guarantee in the form of a Certified or Cashier’s check or Bid Bond in the amount of $5,000.00made payable to the State of Alaska. The bid guarantee of each successful bidder will be retained until that bidder has furnished a satisfactory Performance Bond or Individual Surety. If the successful bidder fails to deliver the required Performance Bond or Individual Surety within the time required, the bid guarantee may be forfeited to the State of Alaska. The bid guarantee of each unsuccessful bidder will be returned as soon as practical after award has been made.

Bidders must submit their bid guarantee with their bid in order to be considered responsive.

PERFORMANCE BOND: Any posted performance bonds will ensure performance over the entire term of the contract. In the event it becomes necessary for the state to cancel the contract issued as a result of this ITB due to non-compliance during the term of the contract, regardless of the circumstances or time remaining on the contract, the bonding company shall well and truly perform and complete all obligations and work under said contract in accordance with the terms of the performance bond. A performance bond is to be in the amount of 100% of the awarded contract(s). These bonds will be kept active until the full warranty period has lapsed (24 months from delivery date.

F.O.B. POINT: The F.O.B. point for all items purchased under this contract is the final destination listed on the Bid Schedule. Ownership of and title to the ordered items remains with the contractor until the items have been delivered to their final destination and are accepted by the state.

The cost of shipping and delivery to those locations is to be included in the bid price. There will be no additional charge for shipping and delivery.

INVOICES: Invoices must be sent directly to the ordering agency’s address shown on the individual Purchase Order, Contract Award or Delivery Order. The ordering agency will only make payment after it receives the merchandise or service and the invoice. Question concerning payment must be addressed to the ordering agency.

THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED: Because of the additional administrative and accounting time required of state agencies when third party financing agreements are permitted, they will not be allowed under this contract.

CONTINUING OBLIGATION OF CONTRACTOR: Regardless of the terms and conditions of any third-party financing agreement, the contractor agrees that none of its responsibilities under this contract are transferable and that the contractor alone will continue to be solely

responsible until the expiration date of the contract. Such responsibilities include, but are not limited to, the provision of equipment, training, warranty service, maintenance, parts and the provision of consumable supplies. By signature on the face page of this ITB the bidder acknowledges this requirement and indicates unconditional acceptance of this continuing obligation clause.

PACKAGING: The cost of all packaging must be included in the price bid. All packaging must be new and suitable for shipment and short-term warehouse storage.

WARRANTY: The contractor warrants every unit purchased against faulty materials and workmanship for a minimum period of at least Twenty-four (24) months from date of delivery to each specific location. If, during this period, faults develop with the unit or components of the unit, they will be repaired or replaced without any cost, including any transportation or freight cost, to the State. Bids, which include supplemental warranties, will be accepted, but supplemental warranties that conflict with or diminish the state’s rights under this warranty clause will be considered null and void. The state is not responsible for identifying conflicting warranty conditions before issuing a contract award. After award of the contract:

1. if a conflict arises between the supplemental warranty and the warranty in this ITB, the warranty in the ITB will prevail; and

1. if the state’s rights are diminished as a result of application of the supplemental warranty, the supplemental warranty will be considered null and void and the ITB warranty will prevail.

By signature on the face page of this ITB the bidder acknowledges this requirement and indicates unconditional acceptance of this warranty clause.

CONTRACT CANCELLATION: The state reserves the right to cancel the contract at its convenience upon 30 calendar days written notice to the contractor. The state is liable only for payment in accordance with the payment provisions of this contract for services or supplies provided before the effective date of termination.

METHOD OF AWARD: Award will be made by line item to the lowest responsive and responsible bidder(s).

Non-Soluble Liquid Dust Palliative Product(s) Specifications

Any of the dust palliative product(s) proposed for use on the Northern Region ADOT&PF’s eight, individual-lot airport dust suppression projects for purchase during summer 2016 must meet or exceed the following specifications:

1. Be a non-soluble liquid dust palliative; which is hereby defined as a dust suppression product which has all of the following characteristics:

• Is non-soluble, and does not require the addition of any water before application as a dust suppression product.
• A freeze point below -55⁰ Fahrenheit.

1. Have an effective and long-term dust palliative result (substantial diminishment of fugitive dust release) for at least two full years after ADOT&PF personnel complete the application of the palliative product. Fugitive dust measurements will be collected and recorded soon after each airport’s product application is completed, which will be executed by personnel provided or authorized by the Alaska University Transportation Center (AUTC) or qualified Departmental staff, in order to objectively evaluate whether or not the dust suppression requirement stated above and elaborated below has been met. Within the time period of 7 to 30 days after final placement of the dust palliative product, measurements will be made with the UAF’s DUST-M device, and an average reduction of no less than 85% in the fugitive dust amount must be measured by the instrument for 85% or more of the palliative treated surface area of the runway, in comparison to the adjacent, untreated area of runway, or else the fugitive dust suppression result will be considered to be inadequate.

If the “after palliative application” DUST-M measurement, does not indicate at least an 85% reduction in fugitive dust release the dust palliative bidder/supplier will be expected to provide additional palliative product and deliver it to the airport at no additional cost to the AKDOT&PF, enabling us to re-treat the airport’s aggregate surfaces and reduce dust releases to the specified level.

1. Material Requirements (Corrosion Testing): The product must be confirmed by an independent certified laboratory to have passed all the requirements of Boeing’s D6-17487, Rev. P “Testing of Airplane Maintenance Materials” within the last 5 years. Specifically:

• Sandwich Corrosion Test, ASTM F1110-90
• Acrylic Crazing Test, ASTM F484-83 using Type C acrylic
• Paint Softening Test, ASTM F502
• Hydrogen Embrittlement Test, ASTM F519

The test results MUST be provided at the time of bid as part of the bidder’s package. If a bidder/supplier doesn’t provide satisfactory documentation showing the product meets or exceed the testing requirement above it will be considered clear cause for rejection and disqualification of the bid as non-responsive.

1. Material Requirements (Environmental Testing): No environmental constraints or negative impacts associated with the palliative products’ use; for example there must not

be any hazardous-materials transport requirements which affect the handling, shipping, storage or transport of the dust control product, and no specialized response or clean-up requirements triggered or needed if an inadvertent spill occurs, whether to the ground or directly to a water body. The formal environmental tests which must be performed and the laboratory results provided with the bid, in order to provide strong and convincing evidence that a dust palliative product is suitably environmentally benign, are:

1. Bulk Analysis: Analytical data must be provided which indicate that environmentally detrimental chemical constituents are not present in the concentrated palliative product at levels which appear to have a potential for negative environmental or human health impact. The two, common environmental laboratory tests which must be provided in order to have a palliative product bid considered to be both responsive and responsible are:
   1. Volatiles, priority pollutants; EPA Method # 8260
      1. Semi-volatiles, priority pollutants; EPA Method # 8270

1. Toxic Characteristic Leaching Procedure (TCLP): Analytical data from TCLP testing (EPA Method #1311) must be provided and show that the palliative product being bid does not contain any constituents exceeding TCLP regulatory levels for metals, volatiles, semi-volatiles, pesticides and herbicides.
2. Aquatic toxicity: The product must have been tested and proven by a reputable laboratory to have a U.S. EPA Toxicity rating of ‘slightly toxic” (LC₅₀ > 10 mg/L) or better as described in EPA guidelines – see this URL for details.

( http://www.epa.gov/oppefed1/ecorisk_ders/toera_analysis_eco.htm#Ecotox ).

Acute and chronic toxicity testing must have be performed (following EPA guidelines) and the test results provided with the bid for review; for three or more of these species: Cladoceran (ceriodaphnia dubia), fathead minnow (pimephales promelas), mysid shrimp and 7-day rainbow trout (oncorhynchus mykiss).

Similar to the strictures of specification in section #3 above, the bidder/supplier will be expected to provide the environmental test data and/or environmental evaluation reports along with their bid package. If the State of Alaska’s review process determines that the documentation provided by the product bidder/supplier is not sufficient to prove the presence of adequate environmental protection for our sites’ circumstances, and Alaska’s rigorous environmental laws, this lack of adequate documentation will be considered cause for the rejection or disqualification of the bidder/supplier’s bid.

1. Material Viscosity & Material Settlement – The product provided shall not separate during periods of nonuse or require stirring prior to use. The application equipment, which will be used to apply this product, utilize industry standard nozzles specifically model (H1/4U-11020 & 11030) VeeJet spray nozzles. These nozzles feature a spay angle of 110 degrees with a flow rate of 2-3 gpm utilizing chemical/water as media. The supplied product shall be able to be applied at these rates utilizing the nozzles specified above at a temperature as low as 45 degrees Fahrenheit and the pump pressures shall not exceed a maximum operating pressure of 50 PSI. The manufacture shall submit a certification of compliance which states the product supplied meets these conditions.

If a bidder/supplier doesn’t provide this Certification of Compliance it will be considered a clear cause for rejection and disqualification of a bid, as non-responsive.

If the palliative product separates or doesn’t meet the viscosity requirements at any time during the shipping, storage, or application of the material (Material may be stored up to 2 years) the supplier shall replace the material and deliver the new product to the project worksite at no additional cost to the Department.

1. Rate of Application: The minimum rate of application shall be 1 gallon per 30 square feet for products that do not contain a binder (ex. Durasoil®) and 1 gallon per 40 square feet for products that do contain a binder (ex. EK-35). Examples of binders available for use are esters, polyolefins, polymers, tall oil pitch, rosins, silicates, or petroleum resins. If the contractor chooses to use a product containing a binder, then documentation must be submitted to the Engineer proving that the product contains a binder prior to the Notice to Proceed being issued. Minimum application rates listed in this section are not assured by the Department to meet the performance testing requirements. The manufacturer shall be consulted for an appropriate application rate to ensure performance requirements can be met. If the contractor proposes any application rate lower than those identified above, a manufacturer’s recommended application rate shall be submitted to the Supply Section (fax: 907-451-5238) at least 10 days before bid opening for approval prior to award of the contract. If an alternate application rate is approved, an addendum will be issued before bid opening. Submit the manufacturer’s recommended application rate with supporting documentation showing how the new application rate was determined. The manufacturer’s recommended application rate shall result in a design life matching the requirements listed in Section 2 above.

1. Simple palliative application process, which does not require specialized training or extensive experience for the workmen executing the dust product’s application. Our definition of “simple application process” is that no more than 100 man-hours of work (including foreman supervision time) will be necessary to complete the application of proposed dust control product at each of the identified 2016 project airports, once the product, personnel, and required equipment are all assembled and the application process can be started; namely:

• Bettles Airport                 (555,000 SF for runway/taxiway/apron to be treated)
• St. Mary’s Airport           (1,401,500 SF for runway/taxiway/apron to be treated)
• Holy Cross Airport          (373,500 SF for runway/taxiway/apron to be treated)
• Ruby Airport                   (372,500 SF for runway/taxiway/apron to be treated)
• Allakaket Airport            (350,000 SF for runway/taxiway/apron to be treated)
• Fort Yukon Airport         (636,250 SF for runway/taxiway/apron to be treated)
• Stebbins Airport              (255,500 SF for runway/taxiway/apron to be treated)
• Tanana Airport                (470,000 SF for runway/taxiway/apron to be treated)

The palliative bidder/supplier will be expected to carefully evaluate before bidding whether or not their dust palliative product will be able to provide the appropriate level of dust suppression protection.

The palliative provided at each airport, will be applied to the aggregate surfaces stated above by personnel working under the guidance of the Northern Region DOT&PF.

The product is to be delivered to the specified locations in 275 gallon totes.

1. The product must be able to be applied, and work effectively, as a topical, prepared- surface application: The typical process used for applying products to our airport surfaces will be to have them scarified and graded with a motor grader, watered, shaped and compacted to a reasonably well-crowned surface condition, and then the dust control product will be applied/sprayed atop that smooth, compacted surface to cure or hold the aggregate surfaces in that general shape and condition for at least two years, under normal aviation vehicle and traffic loading. Please note that it is likely that these airport sites will sometimes experience an average daily temperature as low as 45⁰ F, or as high as 80⁰ F, while the DOT&PF is applying the dust palliative product at the airport sites. In addition, there are instances when it can rain within 24-hours after the product application. Vendors should also note that many of our airport sites experience temperatures as low as -55⁰ F during the average winter. This may affect palliative performance, and is a significant factor in over-wintering of these products, either outdoors or in unheated spaces, before they are applied to the airport’s aggregate surfaces the next spring.

1. Storage of Materials On site: Due to the remote location, variable weather, and delivery date listed in this solicitation the Department may not be able to apply the material during the summer 2016 construction season. For this purpose the Contractor shall include in his bid 1 year of storage of the materials at the airport in the containers in which the materials were shipped to the site (Connex’s). The rent due for these connex’s shall be subsidiary to unit bid prices for the Dust Palliative Materials. This duration of 1 year shall be measured from the delivery date listed below in each individual Lot. Example: if the delivery date for materials is August 31, 2016 then the Contractor will be responsible for rent of the shipping containers until August 31, 2017. If the Department requires storage of these material beyond this 1 year they will be responsible for the rental cost of the connex’s. The Contractor shall also provide the name and contact information for the shipping company for each Lot.

1. Any unusual weather or inappropriate vehicle-related damage to the aggregate surfaces treated with the supplier’s dust palliative product is acknowledged to be the responsibility of the AKDOT&PF. Repairing such damage is also the responsibility of the AKDOT&PF. Repairs may include grading, compacting at near-optimum moisture content and possible replacement of dust palliative product. The dust palliative product supplier(s) will not be held responsible for the performance of any repaired surfaces that have been treated with dust palliative product as specified herein if the supplier’s guidelines for maintenance have not been followed during the DOT&PF’s application and

maintenance program. This repair waiver will apply only if the referenced manufacturer’s maintenance guidelines, as well as the product’s application guidelines, are provided to the ADOT&PF along with the supplier’s bid.

Dust Palliative Product Documentation

As noted in several of the specification items above, each bidding vendor/supplier will be expected to provide ADOT&PF with the following dust palliative product paperwork along with their bid, to evaluate bid responsiveness:

1. Catalog cut and/or paperwork which provide a complete product description, detailing: the product’s general composition and primary characteristics, uses, delivery options, application rates, temperature limitations, environmental acceptability, MSDS sheet, etc. Be aware that one mandatory aspect of the product material bid submission paperwork is written documentation (test results from a laboratory), which clearly indicates that the product being offered is non-corrosive. (See specification section 3, above) Another mandatory aspect of the product material bid submission paperwork is documentation of the environmental testing requirements noted in specification section 4, above.
2. Detailed product preparation, mixing, surface application and routine maintenance instructions; include recommended application rate per square unit of ground surface, any warnings about how improper application, temperature fluctuations, or weather events can cause palliative product service reductions, clean-up procedures for the equipment used to mix and/or apply the product to road/airport surfaces, and maintenance or repair guidelines for circumstances when the product application has somehow been compromised.
3. The manufacture shall submit a certification of compliance for both requirements list in Section 5 of these specifications Material Viscosity and Material Settlement.

STATE OF ALASKA ITB # 2516N010

Dust Palliative – Rural Airports – Northern Region (Federally Funded)

GUARANTEED DELIVERY:                                           calendar days after receipt of order.

ORDERING ADDRESS:                                                                        

Contact:                                                        

Phone:                                                           

Toll Free:                                                       

Page 19                                                                       Revised 07/13

STATE OF ALASKA

DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES

REQUIRED CONTRACT PROVISIONS

for

FEDERAL-AID CONTRACTS

Page

1. General                                                                            1
2. Nondiscrimination                                                           1
   1. Nonsegregated Facilities                                                 3
   2. Not Used                                                                         4
   3. Not Used                                                                         4
   4. Not Used                                                                         4
   5. Not Used                                                                         4
      1. Safety: Accident Prevention                                           4
      2. False Statements Concerning Highway Projects            4
      3. Implementation of Clean Air Act and Federal

Water Pollution Control Act                                           4

1. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion  5
2. Certification Regarding Use of Contract Funds for Lobbying            6

1. I.      GENERAL

1. These contract provisions shall apply to all work performed    on the contract                by the Con tractor’s own organization and with the assistance of work ers under the contractor’s immediate superi ntendence and to all work performed on the contract by piecework, station work, or by subcontract.

1. Except as otherwise provided for in each sectio n, the contractor   shall insert in           each   subcontract all of          the stipulations contained in these Required Contract Provisions, and further r equire their inclusion in an y lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be in corporated by reference in an y case. Th e prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions.

1. A breach of any of the stipulations contained in these Required Contract Provisions sh all be sufficient grounds for termination of the contract.

1. A breach of th e following cl auses of the Required Contract Provisions may also b e grounds for d ebarment as provided in 29 CFR 5.12:

Section I, paragraph 2;

Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g.

1. Disputes   arising   out  of th     e labor stand ards provisions of Section IV (except paragraph 5) an d Section V of these Required Contr act Provisions shall not b e subject to the general disputes clause of this contract. Such disputes shall be res olved in accordan ce with the procedures of the U.S. Department of Labor (D OL) as set

forth in 29 CFR 5, 6, and 7. Dis putes within the meaning of this clause include disputes between the contractor (or an y of its subcontractors) and the contracting agency , the DOL, or the contractor’s employees or their representatives.

1. Selection of Labor: During the performance of this contract, the contractor shall not:

1. discriminate against labor from any other State, possession, or territory of the United States, or

1. employ convict labor for an y purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation.

1. II.     NONDISCRIMINATION

(Applicable to all Federal-aid contracts and to all related subcontracts of $10,000 or more.)

1. Equal Employment Opportunity: Equal employment opportunity (EEO) require ments not to discrimi nate and to tak e affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 C FR 35, 29 CFR 1630 and 41 CFR 60) and ord ers of th e Secretary of Labor as modified by the provisions pr escribed herein, and im posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor’s project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 4 1 CFR 60-4.3 and the provisions of the Am erican Disabilities Act of 1990 (42  U.S.C. 12101                                                   et seq.)   set forth under 28 CFR 35 and 29               CFR 1630               are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to com ply with the following minimum specific requirement activities of EEO:

1. The contractor will work with the State of Ala ska, Department of Transportation a nd Public Facilities (DOT&PF) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract.

1. The contractor will accept as his operating policy the following statement:

“It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, co lor, national origin, age or disability. Such action sh all include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training , including apprenticeship, preapprenticeship, and/or on-the-job training.”

1. EEO Officer: The contr actor will designate and make known to the DOT&PF contracting officers an EEO Officer who will have the respo nsibility for and must be capable of eff ectively administering and pro moting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so.

1. Dissemination of Policy: All members of the contractor’s staff who are aut horized to hir e, supervise, promote, and discharge employees, or who r ecommend such action, or who are substantially involved in such action, will be made fu lly cognizant of , and will im plement, the contractor’s EEO policy and c ontractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

1. Periodic meetings of supervisory and personnel office employees will be conducted befor e the start of work and then not less often than once ever y six months, at which time the contractor’s EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.

1. All new supervisor y or p ersonnel office employees will be given a thorough indoctrination by the EEO Officer, covering all m ajor aspects of the contractor’s EEO obligations within thirty days following their reporting for duty with the contractor.

1. All    personnel who are en        gaged in dir ect recruitment for the project will be ins tructed by the EEO Officer in the contractor’s procedures for locating and hiring minority group employees.

1. Notices and posters setting for th the contractor’s EEO policy will be pl aced in areas readily accessible to employees, applicants for em ployment and potential employees.

1. The contractor’s EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of m eetings, employee handbooks, or other appropriate means.

1. Recruitment: When advertising for emplo yees, the contractor will include in all advertisements for employees the notation:   “An Equal Opportunity                                 Employer.” All such advertisements will be placed in publications having a larg e circulation among minority groups in the area from which the project work force would normally be derived.

1. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public an d private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group emplo yees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration.

1. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall r eferrals, he is expected to observe th e provisions of that ag reement to th e extent that the system permits the contr actor’s compliance with EEO contract provisions. (The DOL has held that where implementation of s uch agreements have the effec t of

discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.)

1. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees.

1. Personnel Actions: Wages, working con ditions, and employee benefits shall be established and administered, and personnel actions of ever y type, including hiring, upgrading , promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, co lor, religion, sex, national origin , age or disability. The following procedures shall be followed:

1. The contractor will conduct p eriodic inspections of project sites to insure that working conditions and emplo yee facilities do not indicate discriminatory treatment of proj ect site personnel.

1. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

1. The contractor will p eriodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, th e contractor w ill promptly take corrective action. If the review indicates that the discrimination may extend beyond the actio ns reviewed, such corrective action shall include all affected persons.

1. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attem pt to r esolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other th an the complainant, such corrective action shall in clude such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal.

1. 6.        Training and Promotion:

1. The contractor will assist in locating, qualifying, and increasing the skills of m inority group and wo men employees, and applicants for employment.

1. Consistent     with the          contractor’s      work force requirements and as permissible under Federal and State regulations, the   contractor   shall   make   full   use of training programs, i           .e., apprenticeship,         and on-the-   job     training    programs for                                the geographical area of contr act performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In t he event a s pecial provision   for training     is provided under this contract, this subparagraph   will   be superseded as indicated in the sp            ecial provision.

1. The contractor will advise employees and applicants for employment of available training programs and entr ance requirements for each.

1. The contractor will periodically review the training and promotion potential of minority group and women emplo yees and will encourage eligible employees to appl y for such training and promotion.

1. Unions: If the contra ctor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and w omen within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor ’s association acting as agent will include the procedures set forth below:

1. The contractor will use best efforts to develop, in cooperation with the un ions, joint tr aining programs aimed toward qualifying more minority group members and women for membership in th e unions and increasing the skills of minority group employees and women so t hat they may qualify for higher paying employment.

1. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

1. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the DOT&PF and shall set forth what efforts have been made to obtain such information.

1. In the even t the union is unable to provide th e contractor with a reasonab le flow of minority and women referrals within the time limit set forth in the collective bargaining         agreement,   the           contractor                will,                         through independent recruitment efforts, fill the employment  vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the con tractor has a co llective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obliga tions pursuant to Executive   Order 11246, as ame                            nded, and these special provisions,   such contractor shall immediately                   notify the DOT&PF.

1. Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, co lor, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including pr ocurement of materials and leases of equipment.

1. The contractor shall notif y all potential subcontractors and suppliers of his/her EEO obligations under this contract.

1. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal o pportunity to compete for and perform subcont racts which the contr actor enters into pursuant to this contract. The contr actor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontracto rs with meanin gful minority group and female repr esentation among their emplo yees. Contractors shall obtain lists of DBE construction firms from DOT&PF personnel.

1. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations.

1. Records and Reports: The contra ctor shall keep s uch records as necessary to do cument compliance with th e EEO requirements. Such records shall b e retained f or a p eriod of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the DOT&PF and the U.S. DOT.

1. The records kept by the contractor shall document the following:

(1)     The number of minority and non-minority group members and women emplo yed in each work classification on the project;

(2)     The progress and efforts being made in cooperation with unions, when applicable, to in crease employment opportunities for minorities and women;

(3)     The progress and efforts being made in locatin g, hiring, training, qualifying, and upgrading minority and female employees; and

(4)     The progress an d efforts being made in securin g the services of DBE s ubcontractors or subcontractors with meaningful minority and f emale representation among their employees.

1. The contractors will subm it an annual report to the DOT&PF each July for the duration of th e project, indicating the number of minority , women, and non-minority group emplo yees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA- 1391. If on-the- job training is b eing required by special provision, the contractor will be required to collect and report training data.

1. III.   NONSEGREGATED FACILITIES

(Applicable   to   all Feder  al-aid   contracts   and   to all r     elated subcontracts of $10,000 or more.)

1. By submission of this bid , the execution of this contract or subcontract, or the consummati on of th is material supp ly agreement or p urchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or v endor, as appropriate, certifies that the firm does not main tain or provide for its emplo yees any segregated facilities at any of its establishments, and that the firm does not pe rmit its employees to perform th eir services at any location, under its control, where segregated facilities are maintained. The f irm agrees that a b reach of this certification is a violation of the EEO Provisions of this contract. The firm further certifies that no emplo yee will be denied access to adequat e facilities on the basi s of sex or disability.

1. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas , restrooms and washrooms, restaurants and ot her eating areas, timeclocks, locker rooms and other storag e or dressing areas, parking lots, drinking f ountains, recreation or enter tainment areas, transportation, and housing facilities provided for employees which are s egregated by explicit directive, or are, in fac t, segregated on the basis of race, color , religion, or nation al origin, age or disabilit y, because of habit, loc al custom, or otherwise. The only exception will be for the disabled when

Page 3 of 7

the demands for acces sibility override (e.g. disabled parking).

1. The  contractor  agrees  that  it has  obtained or      will obtain               identical   certification              from proposed subcontractors or material s uppliers prior to award of subcontracts or consumma tion of material s upply agreements of $10,000 or more and that it will r etain such certifications in its files.

1. IV.   NOT USED

1. V.    NOT USED

1. VI.   NOT USED

1. VII.      NOT USED

1. VIII.     SAFETY: ACCIDENT PREVENTION

1. In the performance of this contract the contractor shall comply with a ll applicable Federal, State, and local l aws governing safety, health, and sanitation (23 C FR 635). The contractor shall provide all sa feguards, safety devices and protective equipment and take any other needed actions as it determines, or as the DOT&PF contrac ting officer may determine, to be reasonably necessary to protect the lif e and health of employees on the job and the safety of  the public and to protect property in connection with the performance of the work covered by the contract.
   1. It is a condition of this contract , and shall be made a condition of each subcontract, which the contractor enters into pursuant to th is contract, th at the contractor and an y subcontractor shall not permit any employee, in performance of the contract, to work in surro undings or under conditions which are unsanitary, hazardous, or dang erous to his/h er health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).

1. Pursuant to 29 CFR 1926.3, it is a condition o f this contract    that the Secretar   y of Labor or authorized representative thereof, shall have right of entr y to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretar y under Section 107 of the Contract Work Hours and Safety Standards Act (40

U.S.C. 333).

1. IX.   FALSE       STATEMENTS       CONCERNING HIGHWAY PROJECTS

In order to assure high quali ty and durable construction in conformity with approved plans and specifications and a high degree of reliability on st atements and r epresentations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all p ersons concerned   with   the project      perform their functions as carefully, thoroughly, and honestl y as possible. Willfu l falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law.

To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on

each Federal-aid highway project (23 CF R 635) in one or more places where it is readily available to all persons concerned with the project:

NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS

18 U.S.C. 1020, reads as follows:

“Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

“Whoever knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

“Whoever knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916 (39 Stat. 355), as amended and supplemented;

“Shall be fined not more than $10,000 or imprisoned not more than 5 years, or both.”

*    *    *    *   *

1. X.    IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

(Applicable to all Feder al-aid contracts and to all r elated subcontracts of $100,000 or more.)

By submission of this bid, o r the execution of this contract or subcontract, as appropriate, th e bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91- 604), and under the Fed eral Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq., as amended by Pub. L. 92-500), Executive Order 11738, and reg ulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.

1. That the firm agrees to comply and remain in compliance with all the requir ements of Sectio n 114 of th e Clean Air Act and Section 308 of the Federal Water Pollutio n Control    Act and all regulat ions and guidelines listed thereunder.

1. That the firm shall p romptly notify the DOT&PF of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or  will be ut ilized for the contr act is under consideration to b e listed on the EPA List of Violating Facilities.

1. That the firm agrees to include or cause to be included the requirements of paragraphs 1 through 4 of th is Section X in every nonexempt subcontract, and further agrees to tak e such action as the government may direct as a means of enforcing such requirements.

1. XI.   CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION

1. Instructions for Certification – Primary Covered Transactions: (Applicable to all Federal-aid contracts – 49 CFR 29)

1. By signing and submitting this proposal, the prospective primary participant is providing th e certification set out below.

1. The    inability   of   a person to provide th          e certification set out below will n ot necessarily result in denial of participation in this cov ered transaction. The prospective participant   shall submit an    explanation of why it cannot provide the certification set out below. The certification or explanation   will be considered in     connection with the department or agency’s determination whether to enter into this transaction. However, fai lure of the prospe ctive primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

1. The certification in this clause is a m aterial representation of fact upon which reli ance was placed when the department or agenc y determined to enter into this transaction. If it is late r determined that th e prospective primary participant knowingly rendered an erroneous certification, in addition to oth er remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

1. The prospective primary participant shall provide immediate written notice to th e department or agency to whom this proposal is subm itted if any time the prospective primary participant learns that its certification w as erroneous when submitted or has beco me erroneous by reason of changed circumstances.

1. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier cove red transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations.

1. The prospective primary participant agrees by submitting this proposal that , should the proposed covered transaction be entered in to, it s hall not knowin gly enter into any lower tier covered transaction with a person who is debarr ed, suspended, declared ineligible, or voluntarily excluded fr om participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

1. The prospective primary participant further agrees by submitting this proposal that it will include the cl ause titled “Certification Regarding Debarment, Suspension, Inelig ibility and Voluntary Exclusion-Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transactio n, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

1. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the cov ered transaction, unless it knows that the certification is erroneous. A partic ipant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requ ired to, check the nonprocurement portion of th e “Lists of Parties Exclud ed From Federal    Procurement or                    Nonprocurement Programs” (Nonprocurement List) which is compiled b y the General Serv ices Administration.

1. Nothing contained in the forego ing shall be con strued to require establishment of a system of records in order to rend er in good faith the certif ication required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a pruden t person in the ordinar y course of business dealings.

1. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lo wer tier cover ed transaction with a person wh o is suspended, debarred, ineligible, or voluntar ily excluded from participation in this transac tion, in addi tion to other rem edies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

* * * * *

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

1. Are not pr esently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

1. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or lo cal) transaction or c ontract under a public tr ansaction; violation of Federal or Stat e antitrust sta tutes or comm ission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

1. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)

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with commission of an y of t he offenses enumerated in paragraph 1b of this certification; and

1. Have not within a 3- year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

1. Where the prospective primary participant is unable to certify to an y of the s tatements in this c ertification, such prospective participant shall attach an explanation to th is proposal.

* * * * *

1. Instructions for Certification – Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000  or more – 49 CFR 29)

1. By signing and submitting this proposal, the prospective lower tier is pr oviding the certification set out below.

1. The certification in this clause is a m aterial representation of fact upon which reli ance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this tra nsaction originated may pursue available remedies, including suspension and/or debarment.

1. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

1. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “primary covered transaction,” “participant,”                     “person,”            “principal,”      “proposal,” and “voluntarily excluded,” as used in th is clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

1. The prospective lower tier parti cipant agrees by submitting this proposal that , should the propo sed covered transaction be entered into, it shall no t knowingly enter in to any lower tier covered transaction with a per son who is debarred, suspended, d eclared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

1. The prospective lower ti er participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in a ll lower tier covered transactions and in all soli citations for lower tier cov ered transactions.

1. A participant in a cover ed transaction may rely upon a certification of a prospective particip ant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it

knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

1. Nothing contained in the forego ing shall be con strued to require establishment of a system of records in order to rend er in good faith the certif ication required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a pruden t person in the ordinar y course of business dealings.

1. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lo wer tier cover ed transaction with a person wh o is suspended, debarred, ineligible, or voluntar ily excluded from participation in this transac tion, in addi tion to other rem edies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

*  *  *  * *

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower

Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, th at neither it no r its prin cipals is presently debarred, suspended, proposed for d ebarment, declared ineligible, or voluntari ly excluded from participation in this transaction by any Federal department or agency.

1. Where the pros pective lower t ier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

*  *  *  * *

1. XII.      CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid contracts and to all related subcontracts which exceed $100,000 – 49 CFR 20)

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds h ave been paid or will be paid, b y or on behalf of the undersigned, to any person for influencing or attempting to inf luence an officer or employee of any Federal agency, a Member of Congress, an officer or emplo yee of Congress, or an emplo yee of a Member of Congress in connection with the aw arding of an y Federal contract, the making of an y Federal grant, the making of an y Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

1. If any funds other than Federal appropriated funds have been paid or will be paid to an y person for influencing or attempting to influence an officer or employee of an y Federal agency, a Member of Congress, an officer or emplo yee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.