Invitation to Bid - 2026 Paving Services

CITY OF NORTH POLE
2026 PAVING SERVICES INVITATION TO BID
The City of North Pole is seeking bids for asphalt paving of streets and other areas within
city limits. This bid package contains a Contractor Bid Form. Bids are due to the North
Pole City Hall by 2:00 p.m., Thursday, May 21, 2026. Any questions should be directed
to the City of North Pole City Clerk at EBraniff@NorthPoleAK.Gov
I. SCOPE OF WORK
1. The scope of work entails repairing damage and other issues with asphalt
throughout the City. Individual locations will initially be cut, dug out, and refilled with
industry and Alaska standard asphalt materials and all work performed to professional
standards in the industry. It is the Contractor's responsibility to familiarize themselves with
the City's streets, alleys, city facilities and parking lots and this scope of the work in
preparation of their proposal.
2. Response Times and Timely Completion of Work.
A. The Contractor must be available to repair streets in a timely fashion, given
construction year time constraints. Repairs started must be completed within one (1)
week of the initial cut into the asphalt. A repair cannot be postponed once a cut has been
made into the asphalt. All street repairs identified by the city must be completed by the
end of the constructions season, when sustained overnight freezes become routine.
B. Response and completion times may be extended by the City, in their sole
discretion, under extraordinary circumstances but in no case will this time be extended
because of the Contractor's obligations or decision to provide services to another client.
Contractors shall not be excused from timely performance because of other
commitments. Compliance with these time limits is a material term and failure to comply
with these time limits may, at the option of the City, be deemed contract default.
3. Coordination and Traffic Control/Neighborhood Notification Plan.
A. The Contractor is responsible for coordinating work with the North Pole Police
Department, the North Pole Fire Department and other relevant organizations (i.e., DOT
or the Alaska Railroad) to ensure access to the streets and other required locations during
the performance of the work.
B. Work must be performed using a city approved traffic control/neighborhood
notification plan. The Contractor must submit, with their bid, a traffic control/neighborhood
notification plan. The plan shall explain how they plan to control traffic in the
neighborhoods where they will pave and the means and methods they will use to provide
residents with advance notice.
C. The final traffic control/neighborhood notification plan to be implemented by the
selected Contractor may be negotiated with the City with the top-ranked bid and if the
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parties are unable to agree, the City may, in its sole discretion, negotiate and award a
contract with lower ranked bids in order of their ranking.
4. Other Specifications and Requirements Relevant to Scope of Work.
A. All paving will be coordinated with the North Pole Department of Public Works,
no less than 3 working days in advance of beginning the work.
B. All required equipment and supplies will be furnished by the Contractor.
C. Debris and other items will be removed by the Contractor.
D. Work locations will be returned to the same or more improved status after work
is complete.
E. All work must comply with applicable North Pole City Code, Fairbanks North
Star Borough requirements, State of Alaska regulations, and federal guidelines.
II. EVALUATION FACTORS:
Bids will be ranked, weighted, and scored according to the following criteria:
1. Cost of Services.
This is calculated on a per square foot of asphalt paving installed (to include cutting and
removal of damaged area). 80% of total score.
2. Experience.
Indicates previous paving experience in the City of North Pole or the surrounding area.
Work experience includes both the previous experience of the contractor and the key
employees who will be performing the scope of work. 20% of total score.
III. OTHER TERMS AND CONDITIONS
1. Call Out
The Contractor shall not provide any work or services except as requested in writing by
authorized City personnel. The city makes no representation as to the amount of, or even
whether any work or services will be requested or that the city will look solely to the
Contractor for the identified work and services. A list of authorized city personnel shall
be furnished upon award of the contract. Paving work after peak traffic hours is preferred
but not required.
2. Subcontractors
Contractor shall not allow any subcontractor to perform any of portion of the scope of
work without prior written approval of the City.
3. Damages
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Contractor shall exercise due diligence and shall indemnify and hold the City harmless
for any damages incurred in the performance of the Contractor's work.
A. Damage and Obstruction of Public Property: Contractor shall be solely
responsible for any damage including but not limited to damage to culverts, fire hydrants,
street signs, etc., if such damage is caused by Contractor's equipment or agents.
B. Damage and Obstruction of Private Property: The Contractor shall take care to
avoid damage to private property that includes, but is not limited to legally located
vehicles, mailboxes, fences, and landscaping. The Contractor will be solely responsible
for any damage to private property or property-owners caused by them or their agents in
the performance of the scope of work.
4. CONTRACTUAL RELATIONSHIP.
The parties intended that an independent contractor relationship will be created by this
contract. The CITY is interested only in the results to be achieved as provided in this
agreement. The conduct and control of the work will lie solely with the Contractor.
Contractor is not considered to be an agent or employee of the CITY for any purpose,
and the employees of Contractor are not entitled to any benefits that CITY provides for
CITY employees. CITY does not agree to use the Contractor exclusively. Contractor
does not agree to work for CITY exclusively.
5. PERSONNEL, EQUIPMENT AND SUPPLIES.
Except as provided in the Scope of Work, the Contractor represents that it has or will
secure at its own expense all personnel, equipment, and supplies required in performing
the work under this contract. All of the work required hereunder will be performed by
the Contractor or under its supervision. None of the work covered by this Contract shall
be subcontracted except as provided in the Scope of Work.
6. CONTRACTOR QUALIFICATIONS.
Contractor warrants that it is fully qualified and is licensed under all applicable local,
state, and federal laws to perform its obligations under this contract.
7. INSURANCE REQUIREMENTS.
Contractor has secured and agrees to keep and maintain in full force and effect, at its
own expense, the insurance outlined below. At least 30 days prior to the cancellation,
non-renewal or reduction in the amount of coverage, Contractor shall provide written
notice to CITY. The Contractor's insurance shall be primary and any insurance
maintained by the CITY shall be non-contributory. If the Contractor maintains higher
limits than shown below, the CITY shall be entitled to coverage for the higher limits
maintained by the Contractor.
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A. Deductibles and Self-Insured Retentions. Any deductibles and self-insured
retentions must be declared to and approved by the CITY. The CITY may require the
Contractor to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses within the retention.
B. Claims-Made Policies. If any of the required policies provide coverage on a
claims-made basis:
I. The Retroactive Date must be declared and must be before the date of the
contract or the beginning of the contract work.
II. Insurance must be maintained and evidence of insurance must be
provided for at least one (1) year after completion of the contract work.
III. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with the Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting" coverage
for a minimum of one (1) year after completion of the contract work.
C. Insurance specifics. The Contractor has provided certification of proper
insurance coverage, including certificate(s) of insurance and amendatory endorsements
or copies of the applicable policy language affecting coverage required in this
agreement, to the CITY, attached as Attachment _______. Failure of CITY to demand
such certificate or other evidence of full compliance with these insurance requirements
or failure of CITY to identify a deficiency from evidence that is provided shall not be
construed as a waiver of the obligation of the Contractor to maintain the insurance
required by this contract.
Contractor agrees to maintain insurance as follows at all times while this contract is in
effect, including during any periods of renewal.
I. Commercial General Liability Insurance. The Contractor must
maintain Commercial General Liability Insurance in an amount it deems
reasonably sufficient to cover any suit that may be brought against the
Contractor. This amount must be at least one million dollars per
occurrence, and one million dollars aggregate. This insurance policy is
to contain, or be endorsed to contain, additional insured status for
the CITY, its officers, officials, employees, and volunteers. If
Additional insured status is provided in the form of an endorsement to the
Contractor's insurance, the endorsement shall be at least as broad as ISO
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20
38; and CG 20 37 forms if later revisions used).
II. Workers Compensation Insurance. If required by Alaska Statute
(see Alaska Statute 23.30), the Contractor must maintain Workers
Compensation Insurance to protect the Contractor from any claims or
damages for any bodily or personal injury or death which may arise from
services performed under this contract. This requirement applies to the
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Contractor's firm, the Contractor's subcontractors and assignees, and
anyone directly or indirectly employed to perform work under this contract.
The Contractor must notify the City as well as the State Division of
Workers Compensation immediately when changes in the Contractor's
business operation affect the Contractor's insurance status. Statutory
limits apply to Workers Compensation Insurance. The policy must include
employer's liability coverage of an amount reasonably sufficient to cover
any injury and illness. If the Contractor is exempt from Alaska
Statutory Requirements, the Contractor must provide written
confirmation of this status in order for the CITY to waive this
requirement. The Contractor grants a waiver of any right to
subrogation against the CITY by virtue of the payment of any loss
under such insurance. This provision applies regardless of whether or
not the CITY has received a waiver of subrogation endorsement from the
insurer.
III. Comprehensive Automobile Liability Insurance. The coverage
shall include all owned, hired, and non-owned vehicles of not less than
one million dollars per occurrence combined single limit coverage for
bodily injury and property damage.
8. CHANGES.
The CITY may, from time to time, require changes in the scope of services to be
performed under this contract. Such changes, including any increase or decrease in the
amount of the Contractor's compensation, must be mutually agreed upon in writing
before they will be regarded as part of this contract. No claim for additional services,
not specifically provided in this contract, performed or furnished by the Contractor, will
be allowed, nor may the Contractor do any work or furnish any material not covered by
the contract unless the work or material is ordered in writing by the CITY.
9. NO ASSIGNMENT OR DELEGATION.
The Contractor may not assign or delegate any interest in this contract without the prior
written consent of the CITY. Contractor may assign its rights to any payment under this
contract without the prior written consent of CITY; however, notice of any such
assignment or transfer shall be furnished promptly to CITY by Contractor.
10. TERMINATION FOR CONVENIENCE.
The CITY may, by prior written notice, terminate this agreement at any time, in whole or
in part, when it is in the best interest of the CITY. In the event that this contract is
terminated by the CITY for convenience, as opposed to termination for cause, the CITY
is liable only for payment in accordance with this agreement for work accomplished prior
to the effective date of the termination.
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11. DEFAULT AND TERMINATION FOR CAUSE.
If Contractor fails to perform a material obligation under this contract, the CITY may
consider the Contractor to be in default (unless caused an event, circumstance, or act of
a third party that is beyond Contractor's reasonable control) and may assert a default
claim by giving Contractor a written and detailed notice of default. The Contractor shall
cure the default within the time frame identified in the notice of default, or, if the default
is not curable within the time frame specified, provide a written cure plan acceptable to
the CITY, which shall not be unreasonably withheld. Contractor will begin implementing
the cure plan immediately after receipt of notice that the CITY approves the plan. The
CITY's payment obligations shall be held in abeyance until the default is cured.
If Contractor fails to cure the default, unless otherwise agreed in writing, the CITY may
terminate any unfulfilled portion of this Agreement. In the event of termination for
default, the Parties may agree that the CITY's remedy be limited to recovering from
Contractor all actual, reasonable costs incurred in securing the work described in
Appendix A. The CITY agrees to mitigate damages to the extent required by law, and
to provide Contractor with detailed invoices substantiating the charges.
12. INSPECTION AND RETENTION OF RECORDS.
The CITY may inspect, in the manner and at reasonable times it considers appropriate,
all of Contractor's facilities, records and activities having any relevance to this contract.
Contractor shall retain financial and other records relating to the performance of this
contract for a period of six years, or until the resolution of any audit findings, claims or
litigation related to the contract.
13. EQUAL EMPLOYMENT OPPORTUNITY.
The Contractor will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, disability, familial status, sexual orientation,
gender identity, gender expression, or national origin. Contractor shall include these
provisions in any agreement relating to the work performed under this agreement with
contractors or subcontractors.
14. CHOICE OF LAW, JURISDICTION.
The Superior Court for the State of Alaska, Fourth Judicial District at Fairbanks, Alaska
shall be the exclusive jurisdiction for any action of any kind and any nature arising out of
or related to this Agreement. Venue for trial in any action shall be in Fairbanks,
Alaska. The laws of the State of Alaska shall govern the rights and obligations of the
parties. Contractor specifically waives any right or opportunity to request a change of
venue for trial pursuant to A.S. 22.10.040.
15. COMPLIANCE WITH LAWS AND REGULATIONS.
Contractor shall, at Contractor's sole cost and expense, comply with all applicable
requirements of federal, state, and local laws, ordinances and regulations now in force,
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including safety, environmental, immigration, and security enactments, or which may be
subsequently enacted. Contractor warrants that it has obtained and is in full compliance
with all required licenses, permits, and registrations regulating the conduct of business
within the State of Alaska and the CITY, and shall maintain such compliance during the
effective term of this agreement.
16. PAYMENT OF TAXES AND OBLIGATIONS TO CITY.
As a condition of this contract, the Contractor shall pay all federal, state, and local taxes
incurred by the Contractor and shall require their payment of any subcontractor or any
other persons in the performance of this contract. Contractor shall not be delinquent in
the payment of taxes, or any other obligation, to CITY during the performance of this
contract. Satisfactory performance of this paragraph is a condition precedent to
payment by the CITY under this contract.
17. CONFLICT OF INTEREST.
Contractor warrants that no employee or officer of the CITY has violated the conflict of
interest provisions of CITY code regarding this contract. Contractor also warrants that it
has not solicited or received any prohibited action, favor or benefit from any employee
or office of CITY, and that it will not do so as a condition of this contract. If the
Contractor learns of any such conflict of interest, the Contractor shall without delay
inform the appropriate person in the CITY.
18. INDEMNIFICATION.
The contractor agrees to defend, indemnify, and hold harmless CITY, its employees,
volunteers, consultants, and insurers, with respect to any action, claim, or lawsuit
arising out of or related to the Contractor's performance of this contract, without
limitation as to the amount of fees, and without limitation as to any damages, cost or
expense resulting from settlement, judgment, or verdict, and includes the award of any
attorneys' fees even if in excess of Alaska Civil Rule 82. This indemnification
agreement applies to the fullest extent permitted by law and is in full force and effect
whenever and wherever any action, claim, or lawsuit is initiated, filed, or otherwise
brought against CITY relating to this contract. The obligations of Contractor arise
immediately upon actual or constructive notice of any action, claim, or lawsuit. CITY
shall notify Contractor in a timely manner of the need for indemnification, but such
notice is not a condition precedent to Contractor's obligations and is waived where the
Contractor has actual notice.
19. APPLICABILITY OF ALASKA PUBLIC RECORDS ACT.
Contractor acknowledges and understands that the CITY is subject to the Alaska Public
Records Act (AS 40.25.120) and that all documents received, owned or controlled by
the CITY in relation to this Contract must be made available for the public to inspect
upon request, unless an exception applies. It is Contractor's sole responsibility to
clearly identify any documents Contractor believes are exempt from disclosure under
the Public Records Act by clearly marking such documents "Confidential." Should the
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CITY receive a request for records under the Public Records Act applicable to any
document marked "Confidential" by Contractor, the CITY will notify Contractor as soon
as practicable prior to making any disclosure. Contractor acknowledges it has five (5)
calendar days after receipt of notice to notify the CITY of its objection to any disclosure,
and to file any action with any competent court Contractor deems necessary in order to
protect its interests. Should Contractor fail to notify the CITY of its objection or to file
suit, Contractor shall hold the CITY harmless of any damages incurred by Contractor as
a result of the CITY disclosing any of Contractor's documents in the CITY's possession.
Additionally, Contractor may not promise confidentiality to any third party on behalf of
the CITY, without first obtaining express written approval by the CITY.
20. FISCAL FUNDING.
The parties acknowledge that the municipality is legally prohibited from encumbering
funds that have not been duly appropriated, pursuant to CITY Charter 6.5. Funding for
this agreement beyond the fiscal year is therefore subject to an appropriation of funds
by, and at the sole discretion of, the City Council. The parties acknowledge and
understand that in the event the City Council fails to appropriate sufficient funds for this
agreement, the agreement will automatically terminate without penalty or further
municipal liability, on December 31 of the current fiscal year.
21. ENTIRE AGREEMENT.
This Agreement, including all appendices and exhibits, constitutes the entire agreement
of the Parties regarding the subject matter of the agreement and supersedes all
previous agreements, proposals, and understandings, whether written or oral, relating to
this subject matter.
22. SEVERABILITY.
If a court of competent jurisdiction renders any part of this agreement invalid or
unenforceable, that part will be severed and the remainder of this agreement will
continue in full force and effect.
23. WAIVER.
Failure or delay by the CITY to exercise a right or power under this agreement will not
be a waiver of the right or power. For a waiver of a right or power to be effective, it must
be in a writing signed by the CITY. An effective waiver of a right or power will not be
construed as either a future or continuing waiver of that same right or power, or the
waiver of any other right or power.
26. Bond
The Contractor shall provide the City with a Performance Bond in the amount of
$25,000.00, which will be in effect for the entire length of this contract. The Contractor is
responsible for providing the City the Performance Bond within ten (10) business days
from Notice of Intent to Award.
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27. Business Licenses (Alaska and North Pole)
A current State of Alaska Business License and City of North Pole Business License must
be submitted with the proposal. No contract will not be awarded without submission of
these licenses.
28. Validity of Bid
Price Schedules submitted in accordance with the bid documents must be good and firm
for a period of sixty (60) days from the date of bid opening.
29. Contract Term of Performance
The Contractor's duties begin on the date when both parties have signed the agreement.
The agreement will end by its own terms on December 31, 2026.
30. Contract Renewal Option
The City reserves the option to renew this contract upon mutual agreement for two (2)
additional one-year periods at the same terms, conditions, and prices. For each year the
contract is extended the Contractor shall submit a current Proof of Insurance and
Performance Bond of $25,000. The Contractor may request an adjustment in the contract
prices as part of the renewal for inflation. Adjustment of contract prices, however, is
subject to City Council approval.
V. BID PACKAGE
A contractors' package MUST include the following items to be complete otherwise it will
be considered incomplete and non-responsive. Should addenda be issued, the bid form
must acknowledge receipt of such addenda.
1. Contractor Bid Form
2. Alaska Business License
3. City of North Pole Business License
4. Traffic control/neighborhood notification plan
VI. BID SUBMISSION AND ACCEPTANCE
1. Sealed Bids must be received by 2:00 p.m., Thursday, May 21st, 2026 at the North
Pole City Hall, 125 Snowman Lane, North Pole, Alaska 99705. Bids will be opened and
made public at that time. It is the sole responsibility of the contractor to see that their bid
is submitted on time. Any bid received after the scheduled opening time will not be
considered and will be held unopened. No responsibility will be attached to any officer or
City employee for the premature opening of or failure to open a bid not properly labeled.
Each bid packet must contain/adhere to the following:
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a. Sealed/labeled Bid
b. Submitted on Time
c. Contractor Bid Form
d. Alaska Business License
e. North Pole Business License
f. Traffic control/neighborhood notification plan
2. The City of North Pole reserves the right to reject any or all bids, to waive any
informalities in the procedures, or to cancel the solicitation if it is in the best interest of the
City. The City shall have the right to reject any bid from a contractor determined by the
City, at its discretion, to be not responsible or not qualified to perform the bid
specifications. A determination that a contractor is not responsible may be made solely
based on previous failure to perform properly or to complete contracts.
3. If any Addenda are issued pertaining to the bid documents and subject Addenda
are not acknowledged, the bid will be considered non-responsive. The Bid Form provides
a space for acknowledgement of receipt of addenda.
4. Emailed or faxed bids will not be accepted.
5. All bids shall be made on the forms provided by the City of North Pole or copy
thereof and shall be signed by the contractor with signature in full. Each bid shall be
enclosed in a sealed envelope and clearly marked 2026 Paving Services ITB.
6. Any contractor may withdraw, modify, or correct his/her bid after it has been
deposited with the City of North Pole. Such requests for withdrawal, modifications, or
correction must be received by the City Clerk in writing before the time set for opening
bids. The original bid, as modified by such written communications will be considered as
the bid submitted by the contractor. The City of North Pole expressly reserves the right to
reject any and all bids and to not award the bid agreement, if it is in the City's best interest.
VI. NOTICE OF INTENT TO AWARD.
As provided in NPMC 4.16.040, award shall be made to the responsible offeror whose
bid is determined in writing to be the most advantageous to the City taking into
consideration price and the evaluation facts set forth in the invitation to bid. Award of the
contract is at the sole discretion of the City of North Pole City Council. Upon authorization
of the bid, the contractor will be sent a Notice of Intent to Award. The contractor will have
ten (10) business days to submit the following items:
1. Performance Bond
2. Insurance
Failure to timely submit these items may lead to an award to another lower ranked bidder.
Upon acceptance of the Performance Bond and Insurance the bidder will receive a
contract for signature.
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