B
HomeLibrariesCopilotSearchProjectsBookmarks
FeedbackHelp Desk
Libraries
Building Codes
Code LibraryIBC — BuildingIRC — ResidentialIFC — FireIPC — PlumbingIMC — MechanicalIFGC — Fuel GasIECC — EnergyNEC — ElectricalModel Codes
Specifications
CSI SpecificationsDOT SpecsTransit SpecsUSACE
Standards
TransportationRailroadFire SafetyAccessibilityStructural
Tools & References
DiagramsAssembliesProductsCalculatorsChecklistsPermits
PricingLog in
General Provisions (00100-00999)

106CONTROL OF MATERIAL

AK · 2020 Standard SpecificationsBook pages 6574View official source ↗

37 ALASKA 2020 SECTION 106

106-1.01 SOURCE OF S UPPLY AND QUALITY RE QUIREMENTS. The Contractor shall furnish

all ma terials required to complete the work except those specified to be furnished by the Department. The Contractor shall supply materials that are new and that meet Contract requirements. The Contractor shall notify the Engineer of proposed sources of material s at least 30 days before shipment, and shall submit to the Engineer and to the Department's State Materials Engineer a complete list of materials to be purchased from suppliers sufficiently in advance of fabrication or shipment to permit the Department to inspect the materials. The Department’s inspectors may inspect any materials, including those originating outside Alaska, at the supply source or other locations. Materials may be conditionally approved at the supply source or other location, but are subject to field inspection and may be ordered removed under Subsection 105- 1.11 if they do not conform to Contract requirements. Inspectors are authorized to reject materials that do not conform to specifications. Inspectors will report their actions to the Engineer. The Contractor shall submit a certificate of compliance for each item listed on the Material Certification List. The Engineer may authorize the use of materials based on a certificate of compliance, see Subsection 106- 1.05. Materials incorporate d into the project on the basis of a certificate of compliance may be tested at any time, whether in place or not, and, if they do not conform to Contract specifications, they may be rejected and ordered removed under Subsection

105-1 11.

The Engineer may authorize the use of materials listed in the Department's Qualified Products List. Materials incorporated into the project on the basis of the Qualified Products List may be tested at any time, whether in place or not, and, if they do not conform to Contr act specifications, they may be rejected and ordered removed under Subsection 105- 1.11. The Contractor may request substitution of specified materials with equivalent materials. Requests for substitution shall be submitted to the Engineer, and shall incl ude a manufacturer's statement that certifies, for each lot delivered:

1.Conformance to the specified performance, testing, quality or dimensional requirements; and
2.Suitability for the use intended in the Contract work. The Engineer will determine the accept ability of a proposed substitute for use in the project. If a substitute is approved, a Change Order will be executed. The Department is never required to accept substitution. The Contractor shall not incorporate substitute materials into the project witho ut written approval from the Engineer. The Engineer may test substitute materials at any time, whether in place or not, and, if the substitute materials do not meet Contract specifications, they may be rejected and ordered removed under Subsection 105- 1.11. BUY AMERICA PROVISIO N. On projects using federal funds, the Contractor shall comply with the requirements of 23 CFR 635.410, Buy America requirements, and shall submit a completed Material Origin Certificate, Form 25D -60, prior to award of the contract. When the Contractor becomes aware of a change from or error in a previously submitted Material Origin Certificate (Form 25D -60), the Contractor shall submit an updated Material Origin Certificate (Form 25D -60). All steel and iron products which are incorporated into the work, shall be manufactured in the United States except that minor amounts of steel and iron products of foreign manufacture may be used, provided the aggregate cost of such does not exceed one tenth of one percent (0.001) of the total contr act amount, or $2,500, whichever is greater. For the purposes of this paragraph, the cost is the value of the products as they are delivered to the project including freight. 38 ALASKA 20 20 “Manufactured in the United States” means all manufacturing processes starting wi th the initial mixing and melting through the final shaping, welding, and coating processes must be undertaken in the United States. The definition of “manufacturing process” is smelting or any subsequent process that alters the material’s physical form, s hape or chemical composition. These processes include rolling, extruding, machining, bending, grinding, drilling, etc. The application of coatings, such as epoxy coating, galvanizing, painting or any other coating that protects or enhances the value of steel or iron materials shall also be considered a manufacturing process subject to the requirements of Section 106- 1.01, Buy America Provision and of the Buy America Act. Buy America does not apply to raw materials (iron ore), pig iron, and processed, pelletized and reduced iron ore. It also does not apply to temporary steel items (e.g., temporary sheet piling, temporary bridges, steel scaffolding, and falsework). Further, it does not apply to materials which remain in place at the Contractor’s convenience ( e.g., sheet pilings, and forms). The North American Free Trade Agreement (NAFTA) does not apply to the Buy America requirement. There is a specific exemption within NAFTA (article 1001) for grant programs such as the Federal -aid highway program. When steel and iron products manufactured in the United States are shipped to a foreign country where non steel or iron products are installed on or in them (e.g., electronic components in a steel cabinet), the steel and iron is considered to meet the requirements of this subsection. The Contractor shall ensure that all manufacturing processes for each covered product comply with this provision. Non- conforming products shall be replaced at no expense to the State. Failure to comply may also subject the Contractor to default and debarment. Provide a Certificate of Buy America Act Compliance Form 25D -62 from the supplier for each steel or iron product and each component that is manufactured predominantly of steel or iron, prior to incorporating any steel or iron produc ts or any components manufactured predominantly of steel or iron into the project. The supplier certifying Form 25D -62 may be the original manufacturer, fabricator, vendor, or subcontractor; provided the supplier has sufficient control and knowledge of the manufacturing process to accept responsibility and certify full and complete conformance with 23 CFR 635.410. Provide mill certificates when required by the Engineer. False statements may result in criminal penalties prescribed under AS 36.30.687 and Tit le 18 US Code Section 1001 and 1020. ALASKA AGRICULTURAL/ WOOD PRODUCTS. On wholly state- funded projects, agricultural/wood products harvested in Alaska shall be used pursuant to AS 36.15.050 and AS 36.30.322 whenever they are priced no more than seven percent above agricultural/wood products harvested outside the state and are of a like quality as compared with agricultural/wood products harvested outside the state. The Contractor shall maintain records which establish the type and extent of agricultural /wood products utilized. When such products are not utilized, the Contractor shall document the efforts he made towards obtaining agricultural/wood products harvested in Alaska and include in this documentation a written statement that he contacted the manufacturers and suppliers identified on the Department of Commerce and Economic Development's list of suppliers of Alaska forest products concerning the availability of agricultural/wood products harvested in Alaska and, if available, the product prices. The Contractor shall complete this documentation at a time determined by the Contracting Officer. The Contractor's use of agricultural/wood products that fail to meet the requirements of this Subsection shall be removed and replaced in accordance with Subsec tion 105- 1.03, Conformity with Plans and Specifications. 39 ALASKA 2020 106-1.02 MATERIAL SO URCES.
1.General. The Contractor shall:
a.utilize Useable Excavation according to Subsection 104- 1.04 before using material sources listed in Subsection 106- 1.02.4. W hen there is i nsufficient useable excavation furnish additional required materials from sources of the Contractor’s choice, except that the Contractor shall use a mandatory source when identified in the Contract;
b.produce a sufficient quantity of materials meeting the specifications to complete the project;
c.as a subsidiary cost: clear and grub, strip, drill and blast, excavate, crush, sort, blend, screen, wash, stockpile, haul, and rehandle material as needed to produce and deliver the specified product;
d.determine the ty pe of equipment and methods to be used;
e.expect variations in material quality within the deposits, and procure material only from acceptable portions of the deposit, regardless of source ownership; and
f.prevent erosion, sedimentation, and pollution within a materials source. The Contractor agrees that:
g.the costs to explore and develop material sources, including all production effort, are subsidiary to the cost of providing the specified material;
h.the Engineer may order the Contractor to procure material on ly from certain portions of the source and may reject material from other portions of the source that does not conform to the specifications; and.
i.all material required may not be procurable from any one source and the Contractor may need to change between sources. That contingency is to be factored into the unit bid price for the Contract Item.
2.Inspection and Acceptance. The Contractor shall perform sampling and testing during materials processing and placement in accordance with its Quality Control Pl an (Subsection

106-1 03, Testing and Acceptance) and shall obtain acceptable material samples from

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

3.Awareness Training. The operator of the Contractor's sand and gravel surface mine or other similar materials source shall provide Site- Specific Hazard Awareness Training in compliance with 30 CFR 46.11 for all the Engineer’s personnel before beginning operations. All other workers shall be given train ing in compliance with 30 CFR 46 before exposure to mine hazards. The training must be offered at each surface mine that will be used to supply processed aggregates. A qualified person must provide the training. The training shall be in accordance with the operator’s written training plan approved by the Mine Safety and Health Administration, covering the following items:
a.Site-specific health and safety risks;
b.Recognition and avoidance of hazards; 40 ALASKA 20 20 c. Restricted areas;
d.Warning and evacuation signals;
e.Evacuation and emergency procedures;
f.Other special safety procedures; and
g.A site tour. The Contractor shall require the Engineer’s personnel to sign the Visitor’s Log Book upon completion of the training to indicate that training was provided. Training is a subsidiary cost.
4.Type of Sources. When there is insufficient Useable Excavation, as defined in 104- 1.04, the Contractor shall supply additional required material from one or more of the following sources:
a.Contractor -Furnished Sources. For a material source that is a commercial plant as defined in Subsection 108- 1.01.4.a the Contractor shall:
1.acquire the necessary rights and permits to obtain material from a commercial plant;
2.pay as subsidiary costs all related costs to obtain and use material from the source; and
3.be solely responsible for the quality and quantity of materials. For all Contractor -Furnished sources that are not a commercial plant, the Contractor shall:
4.Acquire the necessary rights and permits to take materials from the sources including state -owne d sources that are not under the Department’s control;
5.Pay as subsidiary:
a.all related costs to obtain, develop, and use the sources, including but not limited to permit and mineral royalties;
b.the material costs identified in the Material Sales Agreement you obtain for State owned sources where an existing or draft Material Sales Agreement is not included in the contract; and
c.the material costs identified in the Material Sales Agreement for material obtained from State owned sources for which an existing or draft Material Sales Agreement is included in the contract;
6.Be solely responsible for quality and quantity of materials; and
7.Obtain all necessary rights, permits, and plan approvals before clearing or disturbing the ground in the material sourc e. The contractor shall certify in writing to the Engineer that all permits and clearances relating to the use of the material source have been obtained prior to any clearing or ground disturbance in the materials source. No equitable adjustment or other c ompensation will be made for any additional costs, including increased length of haul, if the Contractor:
8.Chooses to change material sources for any reason; 41 ALASKA 2020 (9) Is unable to produce a sufficient quantity or quality of materials from Contractor - Furnished sources; or
10.Encounters unexpected, unforeseen, or unusual conditions within Contractor - Furnished sources.
b.Mandatory Sources. The Department may identify material sources in the Contract from which the Contractor is required to take a specified quantity of material. No other source will be permitted for that portion of material unless prior approval is obtained from the Engineer. The Contract will specifically define these sources as Mandatory Sources and define rights and stipulations for each site. The Departm ent will provide a materials report for these sources. The Contractor acknowledges that samples from within a source may not be representative of the entire source. The Contractor must expect variations of quality and quantity within the source and shall f actor that contingency into the unit bid price for the material. No equitable adjustment will be paid for variations encountered within the source. When using a Mandatory Source, if it is found that the quality or quantity of material producible from the Mandatory Source does not meet project requirements, and a change of source is necessary for that reason alone, a Change Order with equitable adjustment will be made.
c.Designated Sources. The Department may identify material sources in the Contract which are available to the Contractor but which the Contractor is not required to use. The Contract will specifically define these sources as Designated Sources and define rights and stipulations for each site. The Department will provide a materials report for these sources. The Contractor acknowledges that samples from within a source may not be representative of the entire source. The Contractor must expect variations of quality and quantity within the source and shall factor that contingency into the unit bid price for the material. No equitable adjustment will be paid for variations encountered within the source. If the Contractor elects to use a Designated Source, and it is found that the quality or quantity of material producible from the Designated Source d oes not meet project requirements, and a change of source is necessary for that reason alone, a Change Order with equitable adjustment will be made. If the Contractor chooses to change between or among sources for any other reason than quantity or quality of material, no equitable adjustment will be paid.
d.Available Sources. The Department may identify other material sources that are available for use for the project by the Contractor. The Contract will specifically define these sources as Available Sources. The Department makes no guarantee as to quality or quantity of material in Available Sources. The Contractor is responsible for determining the quality and quantity of material, and if additional sources are needed. The Contractor shall be responsible for identifying the rights and stipulations for each site with the owner of the site. When the Department furnishes copies of existing boring logs, test results, or other data in its possession concerning Available Sources, the Contractor is responsible for determining the accuracy and completeness of this data, for any assumptions the Contractor makes based on this data, and for exploring all Available Sources to the Contractor’s satisfaction. 42 ALASKA 20 20 The Department makes no representation, guarantees, or warranty whatsoever, expressed or implied, as to:
1.The quality or quantity of materials producible from an Available Source, even if such information is indicated in a Materials Report or Soils Investigation Report;
2.Whether boring logs, test results or data reliably represent current existing subsurface conditions;
3.Whether interpretations of the boring logs, test results, or other data are correct;
4.Whether moisture conditions and indicated water tables vary from those found at the time borings were made;
5.Whether the ground at the location of the borings was physically disturbed or altered after the boring was made; and
6.The condition, materials, or proportions of the materials between borings, regardless of any subsurface information the Department may make available. The availability of subsurface information from the Department shall not relieve the Contractor from any risks, or of any duty to make on- site examinations and investigations, or of any other responsibility under the Contract or as may be required by law. No equitable adjustment will be made if the quality or quantity of material available from an Available Source is not as represented in any information provided by the Department, nor if a change of source is necessary for any other reason whatsoever. The use of Available Sources is entirely at the Contractor's option and the Contractor bears all risk associated with their decision to use an Available Source.
e.Excluded Material Sources . Department owned, managed, or permitted material sources not identified in the Contract are excluded from use for the project. This exclusion does not prevent the Contractor from considering material sources as provided for in Subsection 106- 1.02.(4.)(a.) Contractor -Furnished Sources, unless the Contract specifically identif ies a source as an Excluded Material Source, nor does it prevent post - award consideration of other material sources as provided under Subsection 104- 1.06.
5.Rights, Permits and Plan Approvals for Material Sources. Before disturbing the site of a material source, the Contractor shall acquire and pay for all necessary rights, permits and plan approvals indicated in this Subsection and in Subsection 107- 1.02. For each material site the Contractor shall:
a.Acquire approval for a Mining and Reclamation Plan (MRP) or receive an exemption, in accordance with AS 27.19. The MRP shall include:
1.Plan and cross -sectional views of the site;
2.Applicable boundaries or property lines;
3.Areas and depths to be developed;
4.Locations of access roads, stripping, sorting, and unsuitable material piles, crushing and plant sites, stockpile sites, drainage features, erosion and pollution control features; and 43 ALASKA 2020 (5) Condition the Contractor will leave the site after the materials extraction is completed, including reseeding.
b.Submit a SWPPP as requ ired by Section 641.
6.Reclamation. After completing work in a materials source, the Contractor shall finish and grade work areas to a neat, acceptable condition in accordance with the approved MRP. Reclamation of a Contractor -furnished source will be in ac cord with the Contractor's MRP.

106-1.03 TESTING AND ACCEPTANCE. Materials are subject to inspection and testing by the

Department at any time before, during, or after they are incorporated into the project. Use of untested materials is at the Contractor's risk. The Contractor shall remove and replace unacceptable material according to Subsection 105- 1.11.

1.Quality Control . The Contractor is responsible for the quality of construction and materials used in the work. Quality control is process control, and includes all activities that ensure that a product meets Contract specifications. Quality control is subsidiary to the applicable items. The Contractor shall perform quality control as follows:
a.Submit a Quality Control Plan no less than five working days bef ore the preconstruction conference. Include, for each item being produced, the methods to be used for sampling and testing, the proposed testing frequency, personnel qualifications, and equipment descriptions. Include the use of control charts, chart updat e frequency, chart posting location, and criteria for corrective action.
b.Sample materials during manufacturing or processing and perform quality control tests, as needed, to ensure materials produced conform to the Contract Specifications. Document quality control tests and make them available to the Engineer on a daily basis.
c.Sample and test according to test methods required in the Specifications.
2.Acceptance Testing. The Department has the exclusive right and responsibility for determining the acceptabili ty of the construction and incorporated materials. The Department will sample materials and perform acceptance tests at its expense. Copies of tests will be furnished to the Contractor upon request. The Contractor shall not rely on the Department’s acceptance testing for its quality control. The Department's acceptance testing is not a substitute for the Contractor's quality control. The Engineer may retest materials that have failed the Department's acceptance test, but is not required to do so.
3.Quality Le vel Analysis (QLA). All statistical Quality Level Analysis (QLA) is computed using the Engineer’s Price Adjustment program. The program calculates all intermediate values to 16 decimal places. Pay factors are rounded to the nearest 0.001. The basis of pa yment for production lots of selected pay items is adjusted using statistical analysis of acceptance test results. Analysis is based on an Acceptable Quality Level (AQL) of 90 percent. The AQL is the minimum Percent Within Limits (PWL) at which the mater ial is considered fully acceptable and receives a 1.000 pay factor. As an incentive to produce quality material, a pay factor greater than 1.000 is possible. The maximum pay factor obtainable is 1.050. The procedure for estimating the PWL uses the number (n), the arithmetic mean ( ), and the sample standard deviation ( s), of acceptance test results as shown below. If the sample standard deviation is less than 0.001, then it is set at 0.001.
a.The arithmetic mean is computed: Where: = test result for sublot i. 44 ALASKA 20 20 sum of values from sublot 1 to n.
b.The sample standard deviation is computed: The upper specification limit (USL) and lower specification limit (LSL) are equal to the Target Value (TV) plus and minus the allowable tolerances as defined in the pay item specification. Quality Indexes are computed as shown below. The maximum Quality Index obtainable is 10.000.
c.The Upper Quality Index (Q
U.is computed:
d.The Lower Quality Index (Q L) is computed: The computed Q U and QL are used with AASHTO R 9 to determine the Percent Within Upper Limits (PWL U) and Percent Within Lower Limits (PWL L).
e.The PWL used in pay factor determination is: When material requirements are one- sided, with only an upper or lower limit, then the PWL is equal to the percent within the side that has a limit. For example, if a material only has an upper specification (maximum) limit, then PWL= PWL U. Also, tw o-sided specification limits with one side that cannot be exceeded (like 100 percent passing) will be analyzed as if they are one- sided.
f.The pay factor (PF) is: Where: PWL varies from 50.000 to 100.000. When PWL is les s than 50.000, the pay factor (PF) = zero

106-1.04 PLANT INSPE CTION. The Department may periodically inspect manufacturing

methods, manufactured lots and materials at the source of production. The Department may approve, conditionally approve, or reject th em. The Contractor shall:

1.Notify the Department of the production and fabrication schedule at least 30 days before beginning work on any item requiring inspection, and notify the Department 48 hours before beginning production or fabrication;
2.Give the inspector full and safe access to all parts of the plant used to manufacture or produce materials; and
3.Cooperate fully and assist the inspector during the inspection. Materials may be rejected if the Department requests a plant inspection and the materials are produced or fabricated without a plant inspection. The materials may be tested at any time before final acceptance, whether in place or not, and whether approved at a plant inspection or not. If the materials do not meet Contract specifications, they may be rejected and ordered removed under Subsection 105- 1.11. If rejected materials are incorporated into the project, the Department may require those materials to be removed and replaced at the Contractor's expense under Subsection 105- 1.11. 45 ALASKA 2020 106-1.05 CERTIF ICATES OF COMPLIANCE . The submittal requirements of this subsection are in addition to the submittal requirements of 106- 1.01 Buy America Provision. The Engineer may authorize the use of certain materials or assemblies based on either a manufacturer's cert ification or based on a Contractor’s summary sheet with applicable documentation attached.
1.If by manufacturer’s certification, the certificate must include the project name and number, the signature of the manufacturer, and must include information that cl early demonstrates the material or assembly fully complies with the Contract requirements.
2.If by Contractor’s summary sheet, the summary sheet must include the project name and number, the signature of the contractor, and must include attached documentation that clearly demonstrates the material or assembly fully complies with the Contract requirements. Electronic submittals that are submitted by email from the Contractor’s email account are considered signed by the Contractor. The Contractor shall submit a dditional certificates of compliance or test data if required by the Contract or by the Engineer. The Engineer may refuse permission to incorporate materials or products into the project based on a certificate of compliance that does not meet the Contract requirements.

106-1.06 STORAGE OF MATERIALS. Materials shall be stored to preserve their quality and

fitness for the work, and so they can be readily inspected. Materials inspected before storage may be inspected again, before or after being incorporated into the project. The Contractor shall:

1.Use only approved portions of the project site for storage of materials and equipment or plant operations;
2.Provide any additional space needed for such purposes without extra compensation;
3.Restore Department -owned o r controlled storage and plant sites to their original condition without extra compensation;
4.Obtain the landowner's or lessee’s written permission before storing material on private property, and furnish copies of the permission to the Engineer, if request ed; and
5.Restore privately owned or leased storage sites, without extra compensation from the Department, to their original condition or as agreed to between the Contractor and the private owner.

106-1.07 DEPARTMENT -FURNISHED MATERIAL. Material furnished by the Department will be

made available to the Contractor at a state yard or delivered at the locations specified in the Special Provisions. The Contractor shall include the cost of handling and placing all materials after they are delivered in the Contract price for the item in connection with which they are used. The Contractor is responsible for all material delivered to the Contractor. Deductions will be made from any monies due the Contractor to make good shortages and deficiencies from any cause whatsoever, for any damage that may occur after delivery, and for demurrage charges.

106-1.08 SUBMITTAL P ROCEDURE. The Contractor shall complete a Submittal Register, and

shall submit it to the Engineer on forms provided by the Department or similar forms of the Contractor’s choice as approved by the Engineer. The intent of the Submittal Register is to provide a blueprint for the smooth flow of specified project documents. The Contractor shall fill it out sequentially by bid item and allow at least three spaces between bid items. The Submittal Register shall list all working drawings, schedules of work, and other items required to be 46 ALASKA 20 20 submitted to the Department by the Contractor including but not limited to: Progress Schedule, anticipated dates of material procurement, Construction Phasing Plan, Traffic Control Plan, Storm Water Pollution Prevention Plan, Quality Control Program, Utility Progress Schedule, Blasting Plan, Mining Plan, annual EEO reports, DBE payment documentation and subcontracts. The Contractor shall submit materials (product) information to the Engineer for review, as required by the Contract. Unless otherwise specified, provide all submittals in an electronic format acceptable to the Engineer. If the Contract has a duration of 180 days or less, t he Contractor shall, within fifteen days after the date of the Notice to Proceed, submit to the Department for review all submittals and the submittal register. If the Contract has a duration greater than 180 days, the Contractor shall, within fifteen days after the date of the Notice to Proceed, submit to the Department for review, an anticipated schedule for transmitting submittals. Each submittal shall include a Submittal Summary sheet. The Contractor shall sign submittals and submit them to the Engineer. Electronic submittals that are submitted by email from the Contractor’s email account are considered signed. The Department will return submittals to the Contractor as either: approved, conditionally approved with the conditions listed, or rejected w ith the reasons listed. The Contractor may resubmit a rejected submittal to the Engineer with more information or corrections. The Department’s approval of a submittal in no way relieves the Contractor of its responsibility for the means, methods, techniques, sequence, and procedures of construction, safety, and quality control. The Contractor shall be responsible for timely submittals. Failure by the Department to review submittals within 30 days or as otherwise provided in the applicable subsection may b e the basis for a request for extension of Contract time but not for additional compensation. Payment for a specific contract item will not be made until the Department has received the Submittal Register for all items and approved all required submittals for that specific contract item. When material invoices, freight bills, and mill certificates are submitted, they shall provide sufficient information for the Engineer to identify: the date, supplier and origin of invoice (bill, certificate); project name and number where material will be incorporated; manufacturer, product number, quantity, cost and bid item. 47 ALASKA 2020 SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PU BLIC

107-1.01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of, observe, and

comply with all federal, state, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, that in any manner affect those engaged or employed on the work or which in any way affect the conduct of the work. The Contractor and the Surety shall defend, indemnify, and hold harmless the State and its representatives against any claim or liability related to violations of any laws, regulations or decrees by the Contractor, the Contractor's agents, the Contractor's employees, a subcontractor at any tier, or a supplier or service provider. The Contractor has the affirmative duty to keep informed of and comply with all laws. The Contractor is not entitled to and shall not rely on any Department employee's interpretation, whether oral or written, of any law, ordinance, or regulation. The Contractor is responsible for conspicuously displaying required posters in an area readily accessible to workers.

1.For wholly state- funded projects, display all posters listed on the Department of Labor and Workforce Development website at http://www.labor.alaska.gov/lss/posters.htm.
2.On projects using federal funds, display posters required by law or funding agency including posters listed on the FHWA website http://www.fhwa.dot.gov/programadmin/contracts/poster.cfm.

107-1.02 PERMITS, LI CENSES, AND TAXES. The terms, conditions, and stipulations in permits

obtained either by the Department or by the Contractor are made a part of this Contract. Permits obtained by t he Department for this project are attached to these Specifications as appendices. Contact names and phone numbers for permits obtained by the Department are shown on the individual permits. The Department will:

1.Secure permits and licenses that the Depar tment determines are required for the construction of the proposed project, and the use of mandatory sources, designated sources and designated material disposal areas for the proposed project; and
2.Modify Department -acquired permits during the performance of the Contract, if deemed necessary by the Engineer. The Contractor shall:
1.Acquire any permits and licenses required to complete the project that are not acquired by the Department;
2.Provide qualified professionals to collect data or perform studies necessary to acquire permits for the use of sites not previously permitted;
3.Give all notices required for the prosecution of the work;
4.Abide by all permits and licenses whether acquired by the Department or by the Contractor;
5.Notify the Engineer promptly if any activity cannot be performed as specified in the permits, and cease conducting the activity until permit modifications or any required additional permits are obtained;
Source: Alaska Standard Specifications for Highway Construction, 2020 Edition. Pages 6574 of 584.