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128 This appendix presents a summary of contract documents from five different state DOTs that may be used by other agencies as examples of IDIQ contract language. These contract documents may be fully accessed through the web-only electronic version of this report, which can be found at: wwwtrb.org, search on âNCHRP Synthesis 473.â The first example comes from the Minnesota DOT. This contract document shows some provisions used on a basic unit price single award IDIQ contract for maintenance services. It is important to note that this was one of the first IDIQ contracts awarded by the Minnesota DOT before the completion of its IDIQ Implementation Guide. The second example, from Missouri DOT, describes the application of a construction task catalog (referred by this agency as Fixed Unit Price List) and adjustment factors. The third and fourth examples correspond to emergency IDIQ contracts advertised by the Georgia and Louisiana DOTs, respectively. The last example corresponds to a multiple award contract awarded by the California DOT to procure environmental. Tables G1âG5. TABLE G1 EXAMPLE 1âIDIQ CONTRACT LANGUAGE Minnesota Department of Transportation Features/Provisions Description Project Title Noise Wall State Project No. 8825-466 IDIQ Model Single Award IDIQ Location(s) Anoka, Carver, Dakota, Hennepin, Ramsey, and Washington counties Minimum guaranteed value $750,000 Maximum value $2.5 million Advertise/Award IFB/Low-bid Payment Provision Unit Price Content of Contract Documentâ This list includes only those sections that are either directly related to IDIQ contracting practices or may be of interest to other agencies. Addendum No. 1 Addendum No. 2 DIVISION S S-2 Pre-letting Conference S-7 Preparation of Proposal S-8 Delivery of Proposal S-9 Withdrawal or Revision of Proposals S-11 Consideration of Proposals (IDIQ) S-12 Requirement of Contract Bond S-15 Cooperation by Contractors S-16 Supervision by Contractor S-20 Claims for Compensation Adjustment S-29 Responsibility for Damage Claims: Insurance S-33 Determination and Extension of Contract Time S-34 Failure to Complete the Work on Time S-35 Compensation for Increased or Decreased Quantities S-37.1 Cost Escalation S-38 Mobilization S-54 Final Estimate and Final Payment Appendix G example idiQ Contract Language
129 TABLE G2 EXAMPLE 2âIDIQ CONTRACT LANGUAGE Missouri Department of Transportation Features/Provisions Description Project Title Asphalt Pavement RepairâRoute I-55/I-57 Job No. J2I2165T IDIQ Model Single Award IDIQ Location(s) Route I-55: Ste. Genevieve, Perry, Cape Girardeau, and Scott counties Route I-57: Mississippi County Minimum guaranteed value N/A Maximum value $125,000 Advertise/Award IFB/Low-bid using a Fixed Unit Price List and Adjustment Factors bid by contractors Payment Provision Unit Price Content of Contract Documentâ This list includes only those sections that are either directly related to IDIQ contracting practices or may be of interest to other agencies. A. General B. Project Contract for Contractor/Bidder Questions C. Scope of Work D. Job Order Contract E. Procedures for Developing a Job Order F. Terms of Contract G. Fixed Unit Price List H. Adjustment Factors I. Bidding the Adjustment Factors J. Contract Award K. Bonds L. Accelerated Repair M. Notice to Proceed N. Completing the Work O. Final Inspection and Acceptance of the Work P. Liquidated Damages for Failure or Delay in Beginning and/or Completing Work On Time Q. Liquidated Damages Specified for Accelerated Repair Response R. Liquidated Damages Specified for Lane Closures S. Liquidated Damages for Winter Months T. Contract Payments X. Delay Provisions Z. Sample Job Orders AA. Emergency Provisions and Incident Management FF. Mobilization GG. Previous Work Order Information
130 TABLE G3 EXAMPLE 3âIDIQ CONTRACT LANGUAGE Georgia Department of Transportation Features/Provisions Description Project Title Emergency Inclement Weather Support Request for Qualifications No. 48400-130-0000000007 IDIQ Model Single Award IDIQ Location(s) Statewide Minimum guaranteed value N/A Maximum value N/A Advertise/Award RFQ/One-step QBS Payment Provision To be negotiated Content of Contract Documentâ This list includes only those sections that are either directly related to IDIQ contracting practices or may be of interest to other agencies. I. Background and Purpose II. Scope of Services III. Additional Information - Training IV. Notification of Interest to Participate V. Additional Terms and Conditions A. Submittal Costs and Confidentiality B. Award Conditions C. Small and Minority Business Enterprise TABLE G4 EXAMPLE 4âIDIQ CONTRACT LANGUAGE Louisiana Department of Transportation Features/Provisions Description Project Title Retainer Contract for Debris Removal and Disposal Monitoring Resources Request for Proposals No. 3000002501 IDIQ Model Single Award IDIQ Location(s) District 02 Minimum guaranteed value N/A Maximum value N/A Advertise/Award RFP/One-step best-value Payment Provision Unit Price (hourly rates) Content of Contract Documentâ This list includes only those sections that are either directly related to IDIQ contracting practices or may be of interest to other agencies. 1. General Information 2. Administrative Information 3. Proposal Information 3.7 Subcontracting Information 3.12 Contract Award and Execution 4. Response Instructions 4.2 Proposal Format 4.4 Technical and Cost Proposal 5. Proposal Content 6. Evaluation and Selection 6.1 Evaluation Team 6.4 Evaluation and Review 6.5 Announcement of Contractor 7. Successful Contractor Requirements 7.3 Compensation 7.4 Billing and Payment 7.6 Contract Terms & Conditions Attachment I: Price Proposal (District 02) Attachment VII: Sample Contract
131 TABLE G5 EXAMPLE 5âIDIQ CONTRACT LANGUAGE California Department of Transportation Features/Provisions Description Project Title Identify and remove underground hazardous material/waste and tanks Information for Bids No. 06A1964 IDIQ Model Multiple Award IDIQ Location(s) Districts 5 to 10 Minimum guaranteed value N/A Maximum value To be determined Advertise/Award IFB/Low-bid Payment Provision Unit Price Content of Contract Documentâ This list only shows those sections that are either directly related to IDIQ contracting practices or may be of interest to other agencies. A. Purpose and Description of Service C. Bidder Minimum Qualifications D. Format for Providing Bidder Requirement Information E. Bid Requirements and Information 3. Costs Included in Bid Rates 9. Subcontractor 11. Bonds 12. Insurance 14. Bid Submittal 15. Evaluation and Selection 16. Award and Protest Attachments 1. Bid Proposal 5. Documents required by Contractorâs Qualification Package 6. Subcontracting Provision List 11. Sample Standard Agreement Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions Exhibit D, Special Terms and Conditions
TABLE G.1. Example 1 - IDIQ Contract Language Minnesota Department of Transportation
Rev. 5/17/02 To the Commissioner of Transportation of the State of Minnesota: Sir: According to the advertisement of the Commissioner of Transportation inviting proposals for the improvement of the section of highway hereinbefore named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the Commissioner of Transportation: (I)(We) hereby certify that (I am)(we are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation at all; that an examination has been made of the site of the work and the Contract form, with the Plans, Specifications and Special Provisions for the improvement. (I)(We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in Mn/DOT 1903, are to be done at the unit prices shown on the attached schedule; that, at the time of opening bids, totals only will be read, but that comparison of bids will be based on the correct summation of item totals obtained from the unit prices bid, as provided in Mn/DOT 1301. (I)(We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all according to the terms of the Contract and Plans, Specifications, and the Special Provisions forming a part of this. (I)(We) further propose to do all Extra Work that may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing before starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in Mn/DOT 1904. (I)(We) further propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in Mn/DOT 1306. (I)(We) further propose to furnish a payment bond equal to the Contract amount, and a performance bond equal to the Contract amount, with the aggregate liability of the bond(s) equal to twice the full amount of the Contract, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions as provided in Mn/DOT 1305. (I)(We) further propose to do all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work that may be rejected due to defective materials or workmanship, before completion and acceptance of the Project by the Commissioner of Transportation. (I)(We) agree to all provisions of Minnesota Statutes, Section 181.59. (I)(We) further propose to begin work and to prosecute and complete the same according to the time schedule set forth in the Special Provisions for the improvement. (I)(We) assign to the State of Minnesota all claims for overcharges as to goods and materials purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract.
Minnesota Department of Transportation _______________________________________________________________________________________ Transportation Building 395 John Ireland Blvd, M.S. 692 St Paul, MN 55155 Pre Letting Services Tel: 651-366-4615 Fax: 651-366-4680 May 13, 2013 TO: All Planholders of Record SUBJECT: Prime SP 8825-466 State Project No. 8825-466 STATE FUNDS Addendum No. 1 Date of Letting: MAY 17, 2013 A) The approximate quantities shown in the following table are hereby changed as indicated, and shall be considered as such in extending the unit bid price. Line Number Item Number Item Description Units Existing Quantity Revised Quantity 0050 2422618/00050 WOOD NOISE BARRIER S F 54027.000 10963.000 B) The following item is hereby added to the Bid Schedule. Bidders shall enter unit price and extension thereof in the appropriate locations for this line. The extension shall be included in the Grand Total of the Proposal. Failure to enter unit prices shall constitute an incomplete proposal, and shall be cause for rejection thereof. Line Number Item Number Item Description Units Quantity 0054 2012.618 WOOD NOISE BARRIER SPECIAL S F 43064.000 C) The 1st sentence of the 1st paragraph of Section S-11.3 (ESTIMATED COST AND MAXIMUM TIME ALLOWED) of the Special Provisions is hereby changed to read: The total compensation of the Contract will not exceed $2,500,000.00 and may not be less than $750,000. D) The 2nd sentence of the 1st paragraph of Section S-11.3 ESTIMATED COST AND MAXIMUM TIME ALLOWED of the Special Provisions is hereby changed to read: Each individual task order will be at least 1,000 lineal feet and typically one (1) wall.. E) The 3rd sentence the 1st paragraph of Section S-11.4 CONTRACT SCHEDULE of the Special Provisions is hereby changed to read: Anticipated First Task Order August 5, 2013
Page 2 of 4 S.P. 8825-466 Addendum No. 1 F) The table in the 1st paragraph of Section S-11.7 TASK ORDER ITEM LIST (TOIL) of the Special Provisions is hereby changed to read: Item Number Description Units 2012.602 TRAFFIC CONTROL TYPE 1 EACH 2012.602 TRAFFIC CONTROL TYPE 2 EACH 2012.602 TRAFFIC CONTROL TYPE 4 EACH 2104.503 REMOVE WOOD NOISE WALL SQ FT 2422.618 WOOD NOISE BARRIER SQ FT 2012.618 WOOD NOISE BARRIER SPECIAL SQ FT G) The following is added to Section S-11 (CONSIDERATION OF PROPOSALS (INDEFINITE DELIVERY/INDEFINITE QUANTITY)) of the Special Provisions: S-11.9 Work Location Priority The following is a preliminary priority list of in place noise walls that the Contractor may find included in Task Orders for this Contract. Upon satisfactory completion of Task Orders totaling the minimum Contract amount, the Contractor may be awarded subsequent Task Orders, completing satisfactory work, until the maximum Contract amount has been reached as funding is available. At that point, all work shall be terminated. Priority Wall # Description - Approximate Location See Attachment 1 234/240 Right of SB 52 from Emerson to Thompson A 2 230/242 Right of NB 52 from Southview to Marie A 3 250 Right of WB 94 from Johnson Prkwy to Earl B 4 249 Right of EB 94 from Sterling to Century D 5 117 Right of WB 94 from White Bear Ave. to Birmingham St. C 6 118 Right of EB 94 from Ruth St to McKnight Rd. D 7 114 Right of WB 94 from NB Ramp of US 61 to Johnson Prkwy B 8 112 Right of WB 94 at Johnson Prkwy B 9 70 Right of SB 694 from TH 5 to Stillwater E 10 71 Right of NB 694 from Stillwater to TH 5 E Attachments A , B, C, D and E are aerial photos showing the locations. H) A 4th paragraph of Section S-14 (Maintenance of Traffic and Traffic Control) of the Special Provisions is added to read: Traffic Control pay items âEACHâ shall refer to each working day per wall location. I) Section S-33.1 of the Special Provisions is hereby deleted, and the following is substituted therefore: S-33.1 Construction operations shall be started on August 5, 2013 or within eight (8) Calendar Days after the date of Notice of Contract Approval or as indicated in the first Task Order, whichever is later. The anticipated date of the first Task Order is August 5, 2013. Construction operations shall not commence prior to Contract Approval. In addition, no Task Order construction operations shall commence prior to the Task Order being approved and authorized. J) Section S-33.3 of the Special Provisions is hereby deleted, and the following is substituted therefore: S-33.3 Working days will be assigned on Task Orders based on the following table. Work included on a Task Order, but not listed below will not be afforded time individually, but have been accounted for in the items listed below. The Engineer will negotiate time for any negotiated extra work, on the critical path, on each task order.
Page 3 of 4 S.P. 8825-466 Addendum No. 1 Item Number Description Time 2104.503 REMOVE WOOD NOISE WALL 750 SQ FT/Working Day 2422.618 WOOD NOISE BARRIER 750 SQ FT/Working Day 2012.618 WOOD NOISE BARRIER SPECIAL 500 SQ FT/Working Day Work needed under Item 2104.503 (REMOVE WOOD NOISE WALL) shall occur concurrently with Items 2422.618 (Wood Noise Barrier) and 2012.618 (Wood Noise Barrier Special). Working Day charges for 2422.618 (Wood Noise Barrier) and 2012.618 (Wood Noise Barrier Special) will begin the start date of the Task Order. K) The following is added to Section S-43.11 of the Special Provisions: (I) At the Contractor's option, in lieu of alternating plank splices as shown on Mn/DOT Standard Plan Sheet 5-297.661 (2 of 2) â Front Elevation, the following pattern may be used: The top splice dimension shall be 1/3 of the wall height (H/3) as measured from the top of the wall. The bottom splice dimension shall be 2/3 of the wall height (2/3 of H) as measured from the bottom of the wall. In no case shall more than 2/3 of the boards be spliced at any single post location.
SP 8825-466 Attachment A Spring 2013 TH 52
SP 8 82 5- 46 6 At ta ch m en t B Sp rin g 20 13
SP 8 82 5- 46 6 At ta ch m en t C Sp rin g 20 13
SP 8 82 5- 46 6 At ta ch m en t D Sp rin g 20 13
SP 8825-466 Attachment E Spring 2013
Minnesota Department of Transportation _______________________________________________________________________________________ Transportation Building 395 John Ireland Blvd, M.S. 692 St Paul, MN 55155 Pre Letting Services Tel: 651-366-4615 Fax: 651-366-4680 May 29, 2013 TO: All Planholders of Record SUBJECT: Prime SP 8825-466 State Project No. 8825-466 STATE FUNDS Addendum No. 2 Date of Letting: MAY 17, 2013 JUNE 7, 2013 A) The Letting Date on the cover of the Proposal is hereby changed to JUNE 7, 2013. All Bidders planning on using electronic files to submit their bids are reminded to obtain files for the new letting date. Bidders using traditional bidding methods should follow their normal processes. B) The following items are hereby added to the Bid Schedule. Bidders shall enter unit prices and extensions thereof in the appropriate locations for these lines. The extensions shall be included in the Grand Total of the Proposal. Failure to enter unit prices shall constitute an incomplete proposal, and shall be cause for rejection thereof. Line Number Item Number Item Description Units Quantity 0032 2012.603 Salvage Glue Laminated Rub Rail LF 325.000 0034 2101.501 Clearing Acre 00.50 0036 2101.506 Grubbing Acre 00.50 0048 2422.603 Install Glue Laminated Rub Rail LF 325.000 B) The first paragraph of Section S-11.2 (CONTRACT DESCRIPTION) of the Special Provisions is hereby changed to read: The Contract scope is removing any plywood, removing in place noise wall wood planking except for the bottom board, furnishing and installing new treated wood planking on the existing posts, and salvage and re-installing rub rail at locations where removed. Each Task Order shall establish if Glue Laminated Rub Rail is included. Vegetation in the area of the noise walls is to be left in place. Only vegetation within five feet of the noise wall will be allowed to be removed that prohibits replacement of noise wall planking including branches that are leaning on the noise walls. Removal of shrubs and removal of trees less than four (4) inch diameter is incidental to the contract. Prior to starting work on Task Orders, MnDOT forces will remove trees equal to or greater than four (4) inch diameter within five (5) feet of the highway side of the noise walls. In the event that MnDOT forces are not available, a Task Order may include a pay item for clearing and/or grubbing on the highway side of the wall. MnDOT personnel shall work with the Contractor to determine the extent of removals prior to Task Order agreement.
Page 2 of 5 S.P. 8825-466 Addendum No. 2 B) The fourth paragraph of Section S-11.2 (CONTRACT DESCRIPTION) of the Special Provisions is hereby changed to read: Task Orders under this Contract generally consist of removing any plywood, removing in place noise wall wood planking except for the bottom board, furnishing and installing new treated wood planking on the existing posts, and installing salvaged rub rail at locations where removed. Additional major responsibilities to the Contractor are quality and safety. C) The second sentence of the first paragraph of Section S-11.3 (ESTIMATED COST AND MAXIMUM TIME ALLOWED) of the Special Provisions is hereby changed to add: Each individual task order will be at least 1,000 lineal feet and typically one (1) wall; the 1,000 lineal feet shall be sections of the same wall segment or within the same highway corridor. An average height of wall of eight (8) feet would indicate that a task order will be at least 8,000 square feet. D) The table in Section S-11.7 (TASK ORDER ITEM LIST (TOIL)) of the Special Provisions is hereby changed to read: Item Number Description Units 2012.602 TRAFFIC CONTROL TYPE 1 EACH 2012.602 TRAFFIC CONTROL TYPE 2 EACH 2012.602 TRAFFIC CONTROL TYPE 4 EACH 2101.501 CLEARING ACRE 2101.506 GRUBBING ACRE 2104.503 REMOVE WOOD NOISE WALL SQ FT 2012.603 SALVAGE GLUE LAMINATED RUB RAIL LN FT 2422.618 WOOD NOISE BARRIER SQ FT 2012.618 WOOD NOISE BARRIER SPECIAL SQ FT 2422.603 INSTALL GLUE LAMINATED RUB RAIL LN FT E) The following is added to Division S of the Special Provisions: S-55 (2101) CLEARING AND GRUBBING Clearing and grubbing operations shall be performed in accordance with the provisions of MnDOT 2101 and the following: S-55.1 The first paragraph of MnDOT 2101.3D Disposal Limitations, is revised to read as follows: The Contractor shall dispose of trees, brush, stumps, roots, and other debris or byproducts by chipping, marketing, or burning. The Contractor: S-55.2 MnDOT 2101.3D (4) under Disposal Limitations, is revised to read as follows: (4) Shall conduct burning only after the disposal options are deemed impractical, and in accordance with 2104.3, Minnesota Rules Chapter 7009 and any applicable local ordinances. At no time shall waste tires, rubble, or plastics or similar materials be used to ignite the wood resources. S-55.3 MnDOT 2101.3D(5) under Disposal Limitations, is revised to read as follows: (5) Shall not bury trees, brush, stumps, roots, and other debris or by-products within the State Right of Way.
Page 3 of 5 S.P. 8825-466 Addendum No. 2 S-55.4 MnDOT 2101.3D1(a) under Marketable Trees, is revised to read as follows: (a) Shall not burn or waste marketable trees without having written proof from three potential wood-using industries or individuals that the wood is not wanted. This requirement only applies when the volume of marketable trees on the Project exceeds 75 m3 (100 cubic yards or 20 cords or 10,000 board feet). S-55.5 MnDOT 2101.3D2c(3) under Disposal Deadlines and Locations, is revised to read as follows: (3) Within the Right of Way by burning or chipping, when allowed. S-55.6 The first paragraph of MnDOT 2101.3D3 Pine, is revised to read as follows: The Contractor shall dispose of all non-marketable pine trees, brush, stumps, roots, and debris by chipping, debarking, burning, or covering with an air tight tarp within 20 calendar days of being cleared during the growing season. S-55.7 MnDOT 2101.3D6 Burying, is hereby deleted in its entirety. S-55.8 The first paragraph of MnDOT 2101.4A Qualifying Trees and Stumps, is revised to read as follows: The Engineer will only measure trees for payment that have a diameter of more than 4 inches at a point 24 inches above the ground surface. The Engineer will only measure trees for payment that have a diameter of more than 4 inches at a point 24 inches above the ground surface. The Engineer will only measure stumps for payment that have a diameter of more than 4 inches at: (a) A point 4 feet above the ground surface when the tree was cleared under the same Contract, or (b) The point of cutoff when the tree was not cleared under the same Contract. No measurement will be made for the removal and disposal of brush nor of stumps having a diameter of 4 inches) or less at the point of cutoff. S-55.9 The first paragraph of MnDOT 2101.4B Area Basis, is revised to read as follows: When the hectare is the unit, quantities will be determined by measuring (to the nearest 0.02 hectare (0.05 acre)) all areas cleared and all areas grubbed, staked by the Engineer. All measurements will be made horizontally to points zero (0) feet outside the trunks of qualifying trees or stumps on the perimeter of the area being measured. Separate areas smaller than 0.02 hectare (0.05 acre) will be considered to be 0.02 hectare (0.05 acre). S-55.10 The first paragraph of MnDOT 2101.5 Basis of Payment, is revised to read as follows: Payment for the accepted quantities of clearing and grubbing at the Contract prices per unit of measure will be full compensation for all removal and disposal costs, including the costs of securing outside disposal sites as needed and of carrying out the specified treatment in disposing of elm, oak wilt infected red oaks, pine, and marketable trees. S-55.11 The Contractor shall remove only those trees necessary to be removed to construct this Project. All other trees shall be protected from damage during construction.
Page 4 of 5 S.P. 8825-466 Addendum No. 2 F) The following is added to Division S of the Special Provisions: S-56 (2012) SALVAGE GLUE LAMINATED RUB RAIL This work shall consist of salvaging and storing glue laminated rub rail in accordance with the applicable MnDOT Standard Specifications, as directed by the Engineer, and the following: S-56.1 The salvaged glue laminated rub rail which will be re-used, should be stored in a manner to prevent damage. Any damage to the salvaged materials resulting from the removing and salvaging operation shall be repaired and replaced at the Contractor's expense. S-56.2 The Contractor shall inform the Engineer or his representative of any damaged in place rub rail prior to salvaging so a deduction will not be made. S-56.3 Measurement will be made by the linear foot of rub rail. Payment will be made under Item 2012.603 (Salvage Glue Laminated Rub Rail) at the contract bid price per lineal foot which shall be Payment shall be considered compensation in full for all other costs incidental thereto. Contractor shall verify quantities prior to the start of the Task Order. G) The following is added to Division S of the Special Provisions: S-57 (2422) INSTALL GLUE LAMINATED RUB RAIL This work shall consist of installing salvaged glue laminated rub rails in accordance with the applicable MnDOT Standard Specifications, as directed by the Engineer, and the following: S-57.1 Glue Laminated Rub Rail located on the noise walls to be replanked shall be re installed at the same location that it was removed. S-57.2 Measurement will be made by the length of Rub Rail installed. Payment will be made under Item 2422.603 (Install Glue Laminated Rub Rail) at the Contract bid price per linear foot, which shall be compensation in full for all costs relative to installing the salvaged Rub Rail including providing new hardware and required connections. Contractor shall verify quantities prior to the start of the Task Order. H) Paragraph (B) of Section S-43.14 of the Special Provisions as modified in Section L) of Addendum No. 1 is hereby changed to read: (B) Payment will be made according to the following schedule: Item Description ...................................................................... Units 2422.603 Install Glue Laminated Rub Rail ............................ Linear Foot 2422.618 Wood Noise Barrier * ........................................... Square Foot 2012.618 Wood Noise Barrier Special ** .............................. Square Foot * Existing in-place wall panel between posts that is ten (10) feet in height (H) or less, measured vertically between top of the in-place bottom board and top of wall, will be compensated using Item 2422.618 (Wood Noise Barrier). ** Existing in-place wall panel between posts that is greater than ten (10) feet in height (H), measured vertically between top of the in-place bottom board and top of wall, will be compensated using Item 2012.218 (Wood noise Barrier Special) Payment shall be considered payment in full for all other costs incidental thereto.
NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS April 1, 2013 Page 1 of 2 DEPARTMENT OF TRANSPORTATION NOTICE OF DEBARMENT NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective March 25, 2011 until March 25, 2014: ⢠Philip Joseph Franklin, Leesburg, VA ⢠Franklin Drywall, Inc. and its affiliates, Little Canada, MN ⢠Master Drywall, Inc. and its affiliates, Little Canada, MN NOTICE OF SUSPENSION NOTICE IS HEREBY GIVEN that the Department of Transportation (âMnDOTâ) has ordered that the following vendors be suspended for a period of sixty (60) days, effective April 1, 2013 until May 31, 2013: ⢠Marlon Louis Danner and his affiliates, South St. Paul, MN ⢠Danner, Inc. and its affiliates, South St. Paul, MN ⢠Bull Dog Leasing, Inc. and its affiliates, Inver Grove Heights, MN ⢠Danner Family Limited Partnership and its affiliates, South St. Paul, MN ⢠Ell-Z Trucking, Inc. and its affiliates, South St. Paul, MN ⢠Danner Environmental, Inc. and its affiliates, South St. Paul, MN NOTICE IS HEREBY GIVEN that the Department of Transportation (âMnDOTâ) has ordered that the following vendors be suspended for a period of sixty (60) days, effective March 13, 2013 until May 12, 2013: ⢠Gary Francis Bauerly and his affiliates, Rice, MN ⢠Gary Bauerly, LLC and its affiliates, Rice, MN ⢠Watab Hauling Co. and its affiliates, Rice, MN Minnesota Statute section 161.315 prohibits the Commissioner, counties, towns, or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred, including: 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) any business or entity, which is sold or transferred by a debarred person to a relative or any other party over whose actions the debarred person exercises substantial influence or control, remains ineligible during the duration of the sellerâs or transferâs debarment.
NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS April 1, 2013 Page 2 of 2 DEPARTMENT OF ADMINISTRATION As of the date of this notice and in accordance with Minnesota Rules 1230.1150, the Minnesota Department of Administration has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract: NAME DATE OF DEBARMENT Best Used Trucks of Minnesota, Inc. 635 Marin Ave. Crookston, MN 56716 Nov. 20, 2012 through Nov. 20, 2015 (eligible for reinstatement on Nov. 20, 2016) Bull Dog Leasing, Inc. 7854 Danner Court Inver Grove Heights, MN 55076 Aug. 30, 2011 through Aug. 30, 2014 (eligible for reinstatement on Aug. 30, 2015) Danner Family Ltd. Ptnship. 843 Hardman Ave. S. S. St. Paul, MN 55075 Aug. 30, 2011 through Aug. 30, 2014 (eligible for reinstatement on Aug. 30, 2015) Danner, Inc. 843 Hardman Ave. S. S. St. Paul, MN 55075 Aug. 30, 2011 through Aug. 30, 2014 (eligible for reinstatement on Aug. 30, 2015) Ell-Z Trucking, Inc. 843 Hardman Ave. S. S. St. Paul, MN 55075 Aug. 30, 2011 through Aug. 30, 2014 (eligible for reinstatement on Aug. 30, 2015) Franklin Drywall, Inc. 43279 Fieldsview Crt. Leesburg, VA 20176 March 25, 2011 through March 25, 2014 (eligible for reinstatement on March 25, 2015) Master Drywall, Inc. 43279 Fieldsview Crt. Leesburg, VA 20176 March 25, 2011 through March 25, 2014 (eligible for reinstatement on March 25, 2015) Watab Hauling Co. Gary Francis Bauerly 9695 Deerwood Rd. NE Rice, MN 56367 Jan. 14, 2013 through Jan. 14, 2016 (eligible for reinstatement on Jan. 14, 2017) Minnesota Administrative Rule part 1230.1150, subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three (3) years following the end of a suspension or debarment. Refer to the following website for the master list: http://www.mmd.admin.state.mn.us/debarredreport.asp. If the project is financed in whole or in part with federal funds, refer to the following website for vendors debarred by federal government agencies: http://sam.gov.
S.P. 8825-466 (IDIQ Project) April 23, 2013 DIVISION A A-1 Governing Specifications 1-A A-2 Labor Provisions 1-A DIVISION S S-1 CONTACT INFORMATION .......................................................................................................... 1-S S-2 PRE-LETTING CONFERENCE ..................................................................................................... 1-S S-3 EMERALD ASH BORER COMPLIANCE .................................................................................... 1-S S-4 USE OF ADHESIVE ANCHORS ................................................................................................... 1-S S-5 TARGETED GROUP BUSINESS (TGB) AND VETERAN-OWNED SMALL BUSINESS ...................................................................................................................................... 2-S S-6 (1103) DEFINITIONS ................................................................................................................................ 2-S S-7 (1206) PREPARATION OF PROPOSAL .................................................................................................. 2-S S-8 (1209) DELIVERY OF PROPOSALS ........................................................................................................ 3-S S-9 (1210) WITHDRAWAL OR REVISION OF PROPOSALS ...................................................................... 3-S S-10 (1212) PUBLIC OPENING OF PROPOSALS ........................................................................................... 3-S S-11 (1301) CONSIDERATION OF PROPOSALS (INDEFINITE DELIVERY/INDEFINITE QUANTITY) ................................................................................................................................... 4-S S-12 (1305) REQUIREMENT OF CONTRACT BOND .................................................................................... 6-S S-13 (1402) ALTERATIONS OF THE WORK AND CHANGED CONDITION ............................................. 7-S S-14 (1404) MAINTENANCE OF TRAFFIC AND (2012) TRAFFIC CONTROL .......................................... 7-S S-15 (1505) COOPERATION BY CONTRACTORS....................................................................................... 17-S S-16 (1506) SUPERVISION BY CONTRACTOR ........................................................................................... 17-S S-17 (1507) UTILITY PROPERTY AND SERVICE ....................................................................................... 18-S S-18 (1513) RESTRICTIONS ON MOVEMENT AND STORAGE OF HEAVY LOADS AND EQUIPMENT ................................................................................................................................ 19-S S-19 (1514) MAINTENANCE DURING CONSTRUCTION .......................................................................... 20-S S-20 (1517) CLAIMS FOR COMPENSATION ADJUSTMENT .................................................................... 20-S S-21 (1602) NATURAL MATERIAL SOURCES ............................................................................................ 23-S S-22 (1606) STORAGE OF MATERIALS ....................................................................................................... 23-S S-23 (1701) LAWS TO BE OBSERVED (DATA PRACTICES)..................................................................... 24-S S-24 (1701) LAWS TO BE OBSERVED (WET LANDS) ............................................................................... 24-S S-25 (1701) LAWS TO BE OBSERVED (CULTURAL RESOURCES â STATE FUNDED) ....................... 24-S S-26 (1706) EMPLOYEE HEALTH AND WELFARE .................................................................................... 25-S S-27 (1710) TRAFFIC CONTROL DEVICES ................................................................................................. 26-S S-28 (1712) PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE ........................... 26-S S-29 (1714) RESPONSIBILITY FOR DAMAGE CLAIMS; INSURANCE ................................................... 26-S
S.P. 8825-466 (IDIQ Project) April 23, 2013 S-30 (1717) AIR, LAND AND WATER POLLUTION ................................................................................... 29-S S-31 (1802) TRAINING FOR CONSTRUCTION TRUCK OPERATORS ..................................................... 31-S S-32 (1803) PROSECUTION OF WORK ......................................................................................................... 31-S S-33 (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME .............................................. 32-S S-34 (1807) FAILURE TO COMPLETE THE WORK ON TIME ................................................................... 33-S S-35 (1903) COMPENSATION FOR INCREASED OR DECREASED QUANTITIES ................................. 33-S S-36 (1904) EXTRA AND FORCE ACCOUNT WORK ................................................................................. 33-S S-37 (1910) FUEL ESCALATION CLAUSE ................................................................................................... 34-S S-38 (2021) MOBILIZATION .......................................................................................................................... 34-S S-39 (2104) REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES ..................................... 34-S S-40 (2104) REMOVE AND HAUL TREATED WOOD ................................................................................ 35-S S-41 (2104) REMOVE PLYWOOD AND WOOD PLANKING ..................................................................... 35-S S-42 (2130) APPLICATION OF WATER ........................................................................................................ 35-S S-43 (2422) WOOD NOISE BARRIER ............................................................................................................ 36-S S-44 (2571) PLANT INSTALLATION ............................................................................................................ 43-S S-45 (2572) PROTECTION AND RESTORATION OF VEGETATION ........................................................ 43-S S-46 (2573) STORM WATER MANAGEMENT ............................................................................................. 44-S S-47 (2575) WEED CONTROL ........................................................................................................................ 45-S S-48 (2575) CONTROLLING EROSION AND ESTABLISHING VEGETATION ....................................... 46-S S-49 (3861) PLANT STOCK ............................................................................................................................ 47-S S-50 (3876) SEED ............................................................................................................................................. 47-S S-51 (3877) TOPSOIL BORROW .................................................................................................................... 58-S S-52 (3889) TEMPORARY DITCH CHECKS ................................................................................................. 59-S S-53 (3891) STORM DRAIN INLET PROTECTION ...................................................................................... 59-S S-54 FINAL ESTIMATE AND FINAL PAYMENT ............................................................................ 60-S Attached: Attachment â2571 â Plant Installation and Establishmentâ Attachment âSchedule of Materials Controlâ Attachment "Targeted Group Business (TGB) and Veteran-Owned Small Business Special Provisions" Equal Opportunity Employee Provisions Bid Bond Form
S.P. 8825-466 (IDIQ Project) April 23, 2013 PROJECT PLANS The Plans for this Project, consisting of the sheets tabulated below, were approved by the State Design Engineer. PROJECT NO. TYPE OF WORK TOTAL SHEETS SHEET NO. DATE OF APPROVAL 8825-466 Noise Wall 8 1-8 N/A New or revised sheets were approved as listed below: PROJECT NO. SHEET NO. DATE OF APPROVAL
Rev. 12/18/2006 1 - A STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR April 7, 2006 I. PREAMBLE It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform.1 Therefore, the department shall administer this contract pursuant to the State of Minnesota Statutes and Rules, MN/DOTâs Standard Specifications for Construction, MN/DOTâs Contract Administration Manual, MN/DOTâs State Aid Manual and applicable federal labor regulations. II. DEFINITIONS2 A. Contract: The written agreement between the contracting authority and the prime contractor setting forth their obligations, including, but not limited to, the performance of the work, the furnishing of labor and materials, the basis of payment, and other requirements contained in the contract documents. B. Contracting Authority: The political subdivision, governmental body, board, department, commission, or officer making the award and execution of contract as the party of the first part. C. Contractor: The term âcontractorâ in these provisions shall include the prime contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under this contract.3 D. Department: The Department of Transportation of the State of Minnesota, or the political subdivision, governmental body, board, commission, office, department, division, or agency constituted for administration of the contract work within its jurisdiction. E. First Tier Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor sublets part of the contract. F. Independent Truck Owner/Operator (ITO): An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the ownerâs services to an entity that provides construction services to a public works project.4 G. Laborer or Mechanic: A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.5 H. Plan: The plan, profiles, typical cross-sections, and supplemental drawings that show the locations, character, dimensions, and details of the work to be done. I. Prime Contractor: The individual, firm, corporation, or other entity contracting for and undertaking prosecution of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. J. Project: The specific section of the highway, the location, or the type of work together with all appurtenances and construction to be performed under the contract. 1 Minnesota Statute 177.41 2 MN/DOT Standard Specifications for Construction, Section 1103 3 Minnesota Statute 177.44, Subdivision 1 4 Minnesota Rules 5200.1106, Subpart 7(A) 5 Minnesota Rules 5200.1106, Subpart 5(A)
Rev. 12/18/2006 2 - A K. Second Tier Subcontractor: An individual, firm, corporation, or other entity to which a first tier subcontractor sublets part of the contract. L. Special Provisions: Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. M. Specifications: A general term applied to all directions, provisions, and requirements pertaining to performance of the work. N. Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor or subcontractor sublets part of the contract. O. Substantially In Place: Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited.6 P. Trucking Broker: An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided and making payment to the providers for the services.7 Q. Trucking Firm/Multiple Truck Owner (MTO): Any business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects.8 R. Work: The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract upon the contractor. Also used to indicate the construction required or completed by the contractor. III. SCOPE â SPECIAL PROVISIONS DIVISION A & CONTRACT A. These provisions shall apply to this contract, which is funded in whole or part with state funds.9 B. These provisions shall apply to the prime contractor and all subcontractors contracting to do all or part of the work under this contract.10 C. The provisions established in this document do not necessarily represent all federal, state, and local laws, ordinances, rules and regulations. It is the responsibility of the prime contractor to inform itself and all subcontractors about other regulations that may be applicable to this contract. D. The prime contractor is responsible to ensure that each subcontractor performing work under this contract receives copies of all required contract provisions. These provisions shall be incorporated into written subcontracts and must be displayed on the poster board.11 E. The department shall administer this contract in accordance with all applicable state statutes and rules,12 along with the plans, specifications and provisions, which are incorporated into and found elsewhere in this contract. F. An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on a case-by-case basis.13 6 Minnesota Rules 5200.1106, Subpart 5(C) 7 Minnesota Rules 5200.1106, Subpart 7(C) 8 Minnesota Rules 5200.1106, Subpart 7(B) 9 Minnesota Statute 177.41 10 Minnesota Statute 177.44, Subdivision 1 11 Minnesota Statute 177.44, Subdivision 5 12 Minnesota Rules 8820.3000, Subpart 2 13 Minnesota Court of Appeals Case Number: C6-97-1582
Rev. 12/18/2006 3 - A G. For additional information refer to: www.dot.state.mn.us/const/labor/. IV. PAYROLLS AND STATEMENTS A. All contractors shall submit a payroll statement to the department.14 The statement shall be submitted based on the contractorâs payment schedule. If a contractor pays its employees weekly, a payroll statement shall be submitted weekly. If a contractor pays its employees biweekly, a payroll statement shall be submitted biweekly.15 All contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer.16 Each statement submitted shall include all employees that performed work under this contract and provide at a minimum the following information:17 1. Contractorâs name, address, and telephone number. 2. State project number. 3. Payroll report number. 4. Project location. 5. Workweek ending date. 6. Name, social security number, and home address for each employee. 7. Labor classification(s) and/or three-digit code for each employee. 8. Hourly straight time and overtime wage rates paid to each employee. 9. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. 10. Authorized legal deductions for each employee. 11. Project gross amount, weekly gross amount and net wages paid to each employee. B. Payroll records may be submitted in any form provided it includes all the information contained in Subpart A (1 - 11) of this section. However, contractors needing a payroll form may utilize the âfront sideâ of the U.S. Department of Laborâs, WH-347 - Payroll Form. This form is available by visiting the Labor Compliance website.18 C. All payroll records must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form.19 D. The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed.20 E. The prime contractor is responsible to maintain all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retain all records for a period of three years after the final contract voucher has been issued.21 F. At the end of each pay period, each contractor shall provide every employee, in writing, an accurate, detailed earnings statement.22 14 Minnesota Statute 177.44, Subdivision 7 15 Mn/DOT Contract Administration Manual, Section .320 16 Minnesota Statute 181.10 17 Minnesota Rules 5200.1106, Subpart 10 and Minnesota Statute 177.30 18 www.dot.state.mn.us/const/labor/ 19 Minnesota Rules 5200.1106, Subpart 10 20 Minnesota Statute 177.30(1)(2)(3)(4) 21 Minnesota Statute 177.30(4) 22 Minnesota Statute 181.032
Rev. 12/18/2006 4 - A G. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions.23 H. At the departmentâs discretion, the project engineer may administer the submission of payroll records according to MN/DOTâs Payroll Maintenance Program. The guidelines for the implementation and administration of this program are outlined in the MN/DOT Contract Administration Manual, Section A(4)(d). I. If, after written notice, the prime contractor fails to submit its payroll reports and certification forms and those of any subcontractor, the department may implement the actions prescribed in section XVI (NON-COMPLIANCE AND ENFORCEMENT). V. WAGE RATES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated according to the MN/DLI state prevailing wage determination(s) incorporated into and found elsewhere in this contract. All contractors shall pay each worker the required minimum total hourly wage rate for all hours worked on the project and for the appropriate classification of labor. 1. State highway and heavy wage determinations are issued for ten separate regions throughout the state of Minnesota. If the contract work is located in more than one region, the applicable wage decision for each region shall be incorporated into and found elsewhere in this contract. If this contract contains multiple state highway and heavy wage determinations, there shall be only one standard of hours of labor and wage rates. 24 2. State commercial wage determinations are issued for each county throughout the state of Minnesota. If the contract work is located in more than one county, the applicable wage determination for each county shall be incorporated into and found elsewhere in this contract. If this contract contains multiple state commercial wage determinations, there shall be only one standard of hours of labor and wage rates.25 B. Wage rates listed in the state wage determination(s) contain two components: the hourly basic rate and the fringe rate; together they equal the total prevailing wage rate. A contractor shall compensate a worker at a minimum, a combination of cash and fringe benefits equaling the total prevailing wage rate.26 C. The applicable certified wage decision(s) incorporated into and found elsewhere in this contract remain in effect for the life of this contract. The wage decision(s) do not necessarily represent the workforce that can be obtained at the rates certified by the MN/DLI. It is the responsibility of the prime contractor and any subcontractor to inform themselves about local labor conditions and prospective changes or adjustments to the wage rates. No increase in the contract price shall be allowed or authorized due to wage rates that exceed those incorporated into this contract. D. A contractor shall not reduce a workerâs private, regular rate of pay when the wage rate certified by the MN/DLI is less than the workerâs normal hourly wage.27 E. From the time a worker is required to report for duty at the project site until the worker is allowed to leave the site, no deductions shall be made from the workerâs hours for any delays of less than twenty consecutive minutes.28 23 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 24 Minnesota Statute 177.44, Subdivision 4 25 Minnesota Statute 177.44, Subdivision 4 26 Minnesota Statute 177.42, Subdivision 6 27 Minnesota Statute 181.03, Subdivision 1(2) 28 Minnesota Rules 5200.0120,Subpart 1
Rev. 12/18/2006 5 - A F. In situations where a delay may exceed twenty consecutive minutes and the contractor requires a worker to remain on the premises or so close to the premises that the worker cannot use the time effectively for the workerâs own purposes, the worker is considered âon-callâ29 and shall be compensated in accordance with Subpart B of this section, unless the worker is allowed or required to leave the project site. G. A contractor making payment to an employee, laborer, mechanic, worker, or truck owner- operator shall not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid.30 H. Any employee who knowingly permits a contractor to pay less than the total prevailing wage or gives up any part of the compensation to which the employee is entitled may be subject to penalties.31 VI. BONA FIDE FRINGE BENEFITS A. A âfundedâ fringe benefit plan is one that allows the contractor to make irrevocable contributions on behalf of an employee to a financially responsible trustee, third person, fund, plan or program, without prior approval from the U.S. Department of Labor. Types of âfundedâ fringe benefits may include, but are not limited to: pension, health and life insurance.32 B. An âunfundedâ fringe benefit plan or program is one that allows the contractor to furnish an in-house benefit on behalf of an employee. The cost to provide the benefit is funded from the contractorâs general assets rather than funded by contributions made to a trustee, third person, fund, plan or program. Types of âunfundedâ fringe benefits may include, but are not limited to: holiday plans, vacation plans and sick plans.33 C. Credit toward the total prevailing wage rate shall be determined for each individual employee and is allowed for bona fide fringe benefits that:34 1. include contributions irrevocably made by a contractor on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program; 2. are legally enforceable; 3. have been communicated in writing to the employee; and 4. are made available to the employee once he/she has met all eligibility requirements. D. No credit shall be allowed for benefits required by federal, state or local law, such as: workerâs compensation, unemployment compensation, and social security contributions.35 E. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department, the prime contractor shall promptly furnish copies of fringe benefit records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions.36 F. In addition to the requirements set forth in Subpart C of this section, it is the responsibility of the prime contractor and any subcontractor to inform themselves about other federal and state fringe benefit regulations that may be applicable to this contract. 29 Minnesota Rules 5200.0120, Subpart 2 30 Minnesota Rules 5200.1106, Subpart 6 31 Minnesota Statute 177.44, Subdivision 6 32 29 CFR Parts 5.26 and 5.27 33 29 CFR Part 5.28 34 29 CFR Part 5.23 35 29 CFR Part 5.29(f) 36 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10
Rev. 12/18/2006 6 - A G. Contractors shall submit a completed and signed MN/DOT, 21658 - Statement of Compliance Form, identifying any fringe contributions made on behalf of a worker.37 The form must be submitted in accordance with section IV (PAYROLLS AND STATEMENTS), Subparts A and C. H. Pursuant with Minnesota Statute 181.74, Subdivision 1, a contractor that is obligated to deposit fringe benefit contributions on behalf of its employees into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions may be guilty of a gross misdemeanor. A contractor found in violation of the above-mentioned statute shall compel the department to take such actions as prescribed in section XVI, (NON- COMPLIANCE AND ENFORCEMENT). VII. OVERTIME A. A contractor shall not permit or require a worker to work longer than the prevailing hours of labor unless the worker is paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times the hourly basic hourly rate of pay. 38 The prevailing hours of labor is defined as not more than 8 hours per day or more than 40 hours per week.39 B. In addition to the requirements set forth in Subpart A of this section, it is the responsibility of the prime contractor and any subcontractor to inform themselves about other federal and state overtime regulations that may be applicable to this contract. VIII. LABOR CLASSIFICATIONS All contractors shall refer to the state wage determination(s) incorporated into and found elsewhere in this contract or the Master Job Classification List40 to obtain an applicable job classification. If a contractor cannot determine an appropriate job classification, state law requires that the worker be assigned a job classification that is the "same or most similar".41 Contractors needing clarification shall contact MN/DLI or the MN/DOT Labor Compliance Unit at (651) 296-6503. IX. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS AND FOREMAN A. An independent contractor performing work as a laborer or mechanic is subject to the contract prevailing wage requirements42 for the classification of work performed and shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). In order to ensure compliance, the department may examine the subcontract agreement to determine if the bid price submitted covers the applicable prevailing wage rate for the number of hours worked, along with other records, deemed appropriate by the department.43 B. Pursuant with state regulations, owners, supervisors and foreman performing work under the contract44 shall be compensated in accordance with section V (WAGE RATES). Furthermore, the prime contractor and any subcontractor shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). 37 Minnesota Rules 5200.1106, Subpart 10 38 Minnesota Statute 177.44, Subdivision 1 39 Minnesota Statute 177.42, Subdivision 4 40 Minnesota Rules 5200.1100 41 Minnesota Statute 177.44, Subdivision 1 42 29 CFR Part 5.2(o) and Minnesota Statute 177.41 43 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 44 Minnesota Statute 177.44, Subdivision 1
Rev. 12/18/2006 7 - A X. APPRENTICES, TRAINEES AND HELPERS A. An apprentice is not subject to the state wage decision(s) incorporated into and found elsewhere in this contract, provided the contractor can demonstrate compliance with Subparts (1 - 4) of this section: 45 1. The apprentice is performing the work of his/her trade. 2. The apprentice is registered with the U.S. DOL Bureau of Apprenticeship and Training or MN/DLI Division of Voluntary Apprenticeship. 3. The apprentice is compensated according to the rate specified in the program for the level of progress. 4. The ratio of apprentices to journeyman workers on the project is not greater than the ratio permitted for the contractorâs entire work force under the registered program.46 B. If a contractor fails to demonstrate compliance with the terms established in Subpart A (1 â 4) of this section, the contractor shall compensate the worker not less than the applicable total prevailing wage rate for the actual work performed.47 C. A trainee and a helper are not exempt under state law; the contractor shall assign the trainee or helper a job classification that is the "same or most similar"48 and compensate the trainee or helper for the actual work performed regardless of the traineeâs or helperâs skill level. XI. SUBCONTRACTING PART OF THIS CONTRACT49 A. If the prime contractor intends to sublet any portion of this contract, it shall complete and submit a MN/DOT, TP-21834, Request To Sublet Form to the project engineer 10 days prior to the first day of work for any subcontractor. B. The prime contractor shall not subcontract any portion of this contract without prior written consent from the project engineer. C. The prime contractorâs organization shall perform work amounting to not less than 40 percent of the total original contract cost. However, contracts with Disadvantaged Business Enterprise (DBE) or Targeted Group Business (TGB) established goals, or both, the contractorâs organization shall perform work amounting to not less than 30 percent of the total original contract cost. D. A first tier subcontractor shall not subcontract any portion of its work under this contract unless approved by the prime contractor and the project engineer. In addition, a first tier subcontractor may only subcontract up to 50% of its original subcontract. E. A second tier subcontractor shall not subcontract any portion of its work under this contract. F. Written consent to subcontract any portion of this contract does not relieve the prime contractor of liabilities and obligations under the contract and bonds. G. Contractors shall not subcontract with or purchase materials or services from a debarred or suspended person.50 XII. POSTER BOARDS A. The prime contractor shall construct and display a poster board, which contains all required posters, is complete, accurate, legible and accessible to all workers from the first day of work 45 Minnesota Rules 5200.1070 46 MN/DOLI Division of Apprenticeship â April 6, 1995 Memorandum from Jerry Briggs, Director 47 Minnesota Rules 5200.1070, Subpart 3 48 Minnesota Statute 177.44, Subdivision 1 49 MN/DOT Standard Specifications for Construction, Section 1801 50 Minnesota Statute 161.315, Subdivision 3(3)
Rev. 12/18/2006 8 - A until the project is 100 percent complete.51 The prime contractor is not allowed to place a poster board at an off-site location. B. The prime contractor can obtain the required posters by contacting MN/DOT at (651) 366-3091. The prime contractor will need to furnish its name, mailing address, the type of posters (state-aid) and the quantity needed. C. Refer to the poster board section of the Labor Compliance website to obtain applicable contact information for each poster. The link to the website can be found in section III (SCOPE â SPECIAL PROVISIONS DIVISION A & CONTRACT), Subpart G of these provisions. XIII. EMPLOYEE INTERVIEWS At any time the prime contractor shall permit representatives from MN/DLI or the Department to interview its workers and those of any subcontractor during working hours on the project.52 XIV. TRUCKING / OFF-SITE FACILITIES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors, are compensated in accordance with the state wage determination(s) incorporated into and found elsewhere in this contract for the following work duties: 1. The processing or manufacturing of material, including the hauling of material to and from a prime contractorâs material operation that is not a separate commercial establishment.53 2. The processing or manufacturing of material, including the hauling of material to and from an off-site material operation that is not considered a commercial establishment. 54 3. The hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project even if the truck leaves the work site at some point.55 4. The delivery of materials from a non-commercial establishment to the project and the return haul.56 5. The delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments.57 6. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment.58 7. The delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place" and the return haul, either empty or loaded.59 B. The work duties prescribed in Subpart A (1 - 7) of this section do not represent all possible hauling activities and/or other work duties that may be performed under this contract. It is the responsibility of the prime contractor to inform itself and all subcontractors about other applicable job duties that may be subject to the contract labor provisions. Refer to the Labor Compliance website for additional information regarding trucking regulations. 51 Minnesota Statute 177.44, Subdivision 5 52 MN/DOT Standard Specifications for Construction, Section 1511 53 ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case #12-3000-11993-2 54 Minnesota Rules 5200.1106, Subpart 3B(2) 55 Minnesota Rules 5200.1106, Subpart 3B(1) 56 Minnesota Rules 5200.1106, Subpart 3B(2) 57 Minnesota Rules 5200.1106, Subpart 3B(3) 58 Minnesota Rules 5200.1106, Subpart 3B(4) 59 Minnesota Rules 5200.1106, Subpart 3B(5)(6)
Rev. 12/18/2006 9 - A C. A contractor acquiring trucking services from an ITO, MTO and/or Truck Broker to perform and/or provide "covered" hauling activities shall comply with the payment of the certified state truck rental rates,60 which are incorporated into and found elsewhere in this contract. D. Each month, in which hauling activities were performed under this contract, the prime contractor and all subcontractors shall submit a MN/DOT, TP-90550 - Month-End Trucking Report and MN/DOT, TP-90551 - Statement of Compliance Form, along with each ITOs, MTOs and/or Truck Brokers reports to the department.61 The specifications regarding the dates for submission can be found near the bottom of the MN/DOT, TP-90551 - Statement of Compliance Form. E. A Truck Broker contracting to provide trucking services in the construction industry may charge a reasonable broker fee to the provider of trucking services.62 The prime contractor and any subcontractor contracting to receive trucking services shall not assess a broker fee. F. A contractor with employee truck drivers shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). G. If after written notice, the prime contractor fails to submit its month-end trucking reports and certification forms and those of any subcontractor, MTO and/or Truck Broker, the department may take such actions as prescribed in section XVI, (NON-COMPLIANCE AND ENFORCEMENT). XV. CHILD LABOR A. Except as permitted under Subpart B of this section, no worker under the age of 18 is allowed to perform work on construction projects.63 B. In accordance with state law, a worker under the age of 18, employed in a corporation totally owned by one or both parents that is supervised by the parent(s), may perform work on construction projects.64 However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform work in a hazardous occupation.65 C. To protect the interests of the department, the project engineer may remove a worker that appears to be under the age of 18 from the construction project until the contractor or worker can demonstrate proof of age66 and compliance with all applicable federal and/or state regulations.67 XVI. NON-COMPLIANCE AND ENFORCEMENT A. The prime contractor shall be liable for any unpaid wages to its workers or those of any subcontractor, ITO, MTO and/or Truck Broker.68 B. If it is determined that a contractor has violated the state prevailing wage law, or any portion of this contract, the department after written notice, may implement one or more of the following sanctions: 1. Withhold or cause to be withheld from the prime contractor such amounts in considerations or assessments against the prime contractor, whether arising from this contract or other contract with the department.69 60 Minnesota Rules 5200.1106, Subpart 1 61 Minnesota Rules 5200.1106, Subpart 10 62 Minnesota Rules 5200.1106, Subpart 7(C) 63 Minnesota Rules 5200.0910, Subpart F 64 Minnesota Rules 5200.0930, Subpart 4 65 29 CFR Part 570.2(a)(ii) 66 Minnesota Statute 181A.06, Subdivision 4 67 MN/DOT Standard Specifications for Construction, Section 1701 68 MN/DOT Standard Specifications for Construction, Section 1801 69 MN/DOT Standard Specifications for Construction, Section 1906
Rev. 12/18/2006 10 - A 2. The department may reject a bid from a prime contractor that has demonstrated continued or persistent noncompliance with the prevailing wage law on previous or current contracts with the department.70 3. The department may take the prosecution of the work out of the hands of the prime contractor, place the contractor in default and terminate this contract for failure to demonstrate compliance with these provisions.71 C. Any contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.72 D. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and/or criminal prosecution73 and may be grounds for debarment proceedings.74 70 Minnesota Statute 161.32, Subdivision 1(d) 71 MN/DOT Standard Specifications for Construction, Section 1808 72 Minnesota Statute 177.44, Subdivision 6 73 Minnesota Statutes 16B, 161.315, Subdivision 2, 177.43,Subdivision 5 177.44, Subdivision 6, 609.63 74 Minnesota Statute 161.315 and Minnesota Statute 609.63
Prompt Payment December 2002 NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors: 16A.1245 Prompt payment to subcontractors. Each state agency contract must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the state for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1990 c 541 s 1 337.10 Building and construction contracts; prohibited provisions. Subd. 3. Prompt payment to subcontractors. A building and construction contract shall be deemed to require the prime contractor and all subcontractors to promptly pay any subcontractor or material supplier contract within ten days of receipt by the party responsible for payment of payment for undisputed services provided by the party requesting payment. The contract shall be deemed to require the party responsible for payment to pay interest of 1-1/2 percent per month to the party requesting payment on any undisputed amount not paid on time. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the party responsible for payment shall pay the actual penalty due to the party requesting payment. A party requesting payment who prevails in a civil action to collect interest penalties from a party responsible for payment must be awarded its costs and disbursements, including attorney fees incurred in bringing the action. This subdivision does not apply to construction of or improvements to residential real estate as defined in section 326.83, subdivision 17, or to construction of or improvements to attached single-family dwellings, if those dwellings are used for residential purposes and have fewer than 13 units per structure. HIST: 1997 c 127 s 1; 1998 c 289 s 1,2; 1999 c 116 s 2
MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: ANOKA-02⢠CARVER-10⢠CHISAGO-13⢠DAKOTA-19⢠HENNEPIN-27⢠RAMSEY-62⢠SCOTT-70⢠WASHINGTON-82⢠Effective: 2012-10-29 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651) 366-4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLI.PrevWage@state.mn.us LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730) 101 LABORER, COMMON (GENERAL LABOR WORK) 2012-10-29 26.82 15.72 42.54 2013-05-01 26.77 16.02 42.79 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT JOURNEYMAN) 2012-10-29 26.82 15.72 42.54 2013-05-01 26.77 16.02 42.79 Highway and Heavy Prevailing Wage Page 1 of 7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER AND NURSERY OPERATOR) 2012-10-29 17.49 12.04 29.53 2013-05-01 18.00 12.43 30.43 104 FLAG PERSON 2012-10-29 26.82 15.72 42.54 2013-05-01 26.77 16.02 42.79 105 WATCH PERSON 2012-10-29 23.42 15.17 38.59 2013-05-01 23.37 15.47 38.84 106 BLASTER 2012-10-29 29.82 15.72 45.54 2013-05-01 29.77 16.02 45.79 107 PIPELAYER (WATER, SEWER AND GAS) 2012-10-29 28.82 15.72 44.54 2013-05-01 28.77 16.02 44.79 108 TUNNEL MINER 2012-10-29 27.52 15.72 43.24 2013-05-01 27.47 16.02 43.49 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT FEET BELOW STARTING GRADE LEVEL) 2012-10-29 27.52 15.72 43.24 2013-05-01 27.47 16.02 43.49 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL STATION, GPS RECEIVER, LEVEL, ROD OR RANGE POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 2012-10-29 20.25 0.00 20.25 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2012-10-29 26.82 15.72 42.54 2013-05-01 26.77 16.02 42.79 112 QUALITY CONTROL TESTER (FIELD AND COVERED OFF-SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. 2012-10-29 16.28 4.07 20.35 SPECIAL EQUIPMENT (201 - 204) 201 ARTICULATED HAULER 2012-10-29 31.12 16.70 47.82 2013-05-01 31.37 16.70 48.07 202 BOOM TRUCK 2012-10-29 31.12 16.70 47.82 2013-05-01 31.37 16.70 48.07 Highway and Heavy Prevailing Wage Page 2 of 7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO- FRAMED FORKLIFT (EXCLUDING FRONT, POSIT-TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 2012-10-29 17.49 12.04 29.53 2013-05-01 18.00 12.43 30.43 204 OFF-ROAD TRUCK 2012-10-29 31.12 16.70 47.82 2013-05-01 31.37 16.70 48.07 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. 2012-10-29 31.45 17.95 49.40 HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP 2 2012-10-29 31.97 16.70 48.67 2013-05-01 32.22 16.70 48.92 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 304 ALL CRANES WITH OVER 135-FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR EQUIPMENT WITH SHOVEL-TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2012-10-29 31.42 16.70 48.12 2013-05-01 31.67 16.70 48.37 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR SIMILAR EQUIPMENT WITH SHOVEL- TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE 318 MECHANIC . WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 319 TRACTOR . BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER 321 TRUCK CRANE . CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 2012-10-29 31.12 16.70 47.82 2013-05-01 31.37 16.70 48.07 323 AIR TRACK ROCK DRILL 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR Highway and Heavy Prevailing Wage Page 3 of 7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY) 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR 341 ELEVATING GRADER 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER 1 TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER-TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUP 5 2012-10-29 28.08 16.70 44.78 2013-05-01 28.33 16.70 45.03 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) Highway and Heavy Prevailing Wage Page 4 of 7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 372 FORM TRENCH DIGGER (POWER) 373 FRONT END, SKID STEER UP TO 1C YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 378 POWER ACTUATED AUGER AND BORING MACHINE 379 POWER ACTUATED JACK 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE . 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) GROUP 6 2012-10-29 26.87 16.70 43.57 2013-05-01 27.12 16.70 43.82 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING TRUCK DRIVERS GROUP 1 2012-10-29 27.50 13.65 41.15 2013-05-01 27.65 14.00 41.65 601 MECHANIC . WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2012-10-29 18.00 5.85 23.85 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2012-10-29 26.85 13.65 40.50 2013-05-01 27.00 14.00 41.00 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2012-10-29 26.60 13.65 40.25 2013-05-01 26.75 14.00 40.75 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON Highway and Heavy Prevailing Wage Page 5 of 7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER-TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 2012-10-29 41.17 18.59 59.76 2013-06-01 41.67 18.59 60.26 702 BOILERMAKERS 2012-10-29 31.87 24.40 56.27 2013-01-01 33.52 24.40 57.92 703 BRICKLAYERS 2012-10-29 31.66 17.38 49.04 2012-10-29 32.20 17.96 50.16 704 CARPENTERS 2012-10-29 32.29 17.78 50.07 2013-05-01 32.79 17.78 50.57 705 CARPET LAYERS (LINOLEUM) FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 706 CEMENT MASONS 2012-10-29 32.80 17.00 49.80 2013-05-01 33.05 17.00 50.05 707 ELECTRICIANS 2012-10-29 35.79 23.92 59.71 2013-05-01 37.19 23.92 61.11 708 ELEVATOR CONSTRUCTORS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 709 GLAZIERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 710 LATHERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 711 GROUND PERSON 2012-10-29 24.99 12.37 37.36 2013-03-31 25.74 12.59 38.33 712 IRONWORKERS 2012-10-29 34.15 21.20 55.35 713 LINEMAN 2012-10-29 37.30 16.00 53.30 2013-03-31 38.42 16.33 54.75 714 MILLWRIGHT 2012-10-29 23.00 1.43 24.43 715 PAINTERS (INCLUDING HAND BRUSHED, HAND SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 2012-10-29 31.45 17.95 49.40 Highway and Heavy Prevailing Wage Page 6 of 7
LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 2012-10-29 32.49 17.58 50.07 2013-05-01 33.99 17.58 51.57 717 PIPEFITTERS . STEAMFITTERS 2012-10-29 39.83 22.91 62.74 718 PLASTERERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 719 PLUMBERS 2012-10-29 39.63 20.71 60.34 720 ROOFER FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 721 SHEET METAL WORKERS 2012-10-29 39.37 20.56 59.93 2013-05-01 40.29 20.21 60.50 722 SPRINKLER FITTERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 723 TERRAZZO WORKERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 724 TILE SETTERS 2012-10-29 27.91 18.63 46.54 725 TILE FINISHERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 726 DRYWALL TAPER 2012-10-29 30.17 19.12 49.29 727 WIRING SYSTEM TECHNICIAN 2012-10-29 32.09 12.39 44.48 728 WIRING SYSTEMS INSTALLER 2012-10-29 22.46 10.61 33.07 729 ASBESTOS ABATEMENT WORKER 2012-10-29 27.33 14.94 42.27 2013-01-01 27.53 15.34 42.87 730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US Highway and Heavy Prevailing Wage Page 7 of 7
NOTICE TO BIDDERS MARKING CHANGES FROM BOILER PLATE SPECIAL PROVISIONS December 22, 2010 Bidders are advised that some changes from our normal special provisions are marked to assist in identifying changes. Mn/DOT believes that the majority of the changes are marked, but does not guarantee it. Bidders are advised that they are still responsible for due diligence in determining contract requirements. Neither Mn/DOTâs failure to mark changes, nor the fact that these provisions may vary from provisions used for previous projects, will support a claim by the Contractor for additional compensation or time. The following provisions, when used, will always be Project specific and will not have changes marked: Spec. # Section Name SPECIAL PROVISIONS ENCOURAGING INDIAN EMPLOYMENT CONTACT INFORMATION PRE-LETTING MEETING 1404 MAINTENANCE OF TRAFFIC AND (2563) TRAFFIC CONTROL 1506 SUPERVISION BY CONTRACTOR 1507 UTILITY PROPERTY & SERVICE 1706 EMPLOYEE HEALTH AND WELFARE 1718 FURNISHING RIGHT OF WAY 1803 PROSECUTION OF WORK 1806 DETERMINATION AND EXTENSION OF CONTRACT TIME 1807 FAILURE TO COMPLETE THE WORK ON TIME 2563 TRAFFIC CONTROL SUPERVISOR
S.P. 8825-466 (IDIQ Project) April 23, 2013 1-S DIVISION S S-1 CONTACT INFORMATION Questions regarding this Project, including any questions prior to bidding, shall be directed to: Steve Kordosky Metro District, Mendota Office Telephone No. 651/366-5904 S-2 PRE-LETTING CONFERENCE Bidders are advised that a Pre-Letting Conference will be held at MnDOT Metro District South Resident Office at 2229 Pilot Knob Road, Mendota Heights, Minnesota 55120 at 9:00 a.m. on Tuesday, May 7, 2013, (Phone # 651/366-5901) to discuss any questions regarding this Contract. All interested parties are invited to attend. S-3 EMERALD ASH BORER COMPLIANCE This Project is located, all or in part, in a county that the Minnesota Department of Agriculture has placed under an Emerald Ash Borer Quarantine. Any work for this Contract is subject to the following: S-3.1 No part of an Ash (Fraxinus spp) tree from a quarantined area can be marketed to wood-using industries or individuals without an Emerald Ash Borer compliance agreement with Minnesota Department of Agriculture. The Contractor shall not make ash or any non-coniferous (hardwood) species with bark attached available to the public for use as firewood from the quarantined area. The Contractor shall not transport entire ash trees, limbs, branches, logs, chips, ash lumber with bark, stumps and roots outside of a quarantined county without fulfilling the requirements of an Emerald Ash Borer Compliance Agreement with the Minnesota Department of Agriculture. Contact the Minnesota Department of Agriculture at 1-888-545-6684 or visit the Emerald Ash Borer website at: http://www.mda.state.mn.us/plants/pestmanagement/eab.aspx to find out which counties are quarantined. S-3.2 If the ash material is going to be shipped out of Minnesota, the Contractor shall contact John.o.haanstad@aphis.usda.gov for United States Department of Agriculture joint Emerald Ash Borer Compliance Agreement approval with the Minnesota Department of Agriculture. S-3.3 The Contractor shall dispose of ash trees: (1) In accordance with the Emerald Ash Borer Compliance Agreement, and (2) By utilizing the ash wood chips within the construction limits for erosion control, construction exit pads or landscaping purposes. S-3.4 No direct compensation will be made for compliance with these requirements. S-4 USE OF ADHESIVE ANCHORS The use of adhesive anchors in sustained tension is prohibited. Other application utilizing adhesive anchors, such as metal rail attachment, in a non-direct tensile application is permitted.
S.P. 8825-466 (IDIQ Project) April 23, 2013 2-S S-5 TARGETED GROUP BUSINESS (TGB) AND VETERAN-OWNED SMALL BUSINESS (2013 version (Rev. 3/7/13) The MnDOT Targeted Group Business (TGB) and Veteran-owned Small Business programs are part of the MnDOT initiative to increase small business participation on state funded projects These programs are intended to provide eligible businesses with increased access to state contracting opportunities. Eligibility requirements for both programs are established pursuant to Minn. Stat. §16C.16 and Minn. Rule Parts 1230.1600-1820. TGBs and Veteran-owned Small businesses bidding as prime contractors may receive a preference in the bid amount, and contracts may include goals to increase participation of TGBs and Veteran-owned small businesses as subcontractors. Bidders are directed to the attached "Targeted Group Business (TGB) and Veteran-Owned Small Business Special Provisions" for details. The Veteran and TGB goals established for this Project are applicable for the total Contract amount including orders for additional work under Indefinite Delivery, Indefinite Quantity (IDIQ) Contract Provisions. The Contractor must prepare and maintain information demonstrating the good faith efforts it took to obtain participation from TGB and Veteran businesses in an effort to meet the goal(s). Good faith efforts are explained in Targeted Business Group and Veteran-Owned Small Business Special Provisions, Section 11. The Office of Civil Rights may request to review the Contractorâs good faith efforts information at any time. The Contractor must submit to the Office of Civil Rights an Exhibit A form for each TGB or Veteran firm participating in the additional work order. S-6 (1103) DEFINITIONS The provisions of MnDOT 1103 are supplemented and/or modified with the following: S-6.1 The definition for SPECIMEN TREE is revised to read as follows: A notable and valued tree in consideration of species, size, condition, age, longevity, durability, crown development, function, visual quality, and public or private prominence or benefit as indicated in the contract documents or as determined by the Engineer. S-7 (1206) PREPARATION OF PROPOSAL The provisions of MnDOT 1206 are supplemented and/or modified with the following: S-7.1 The first paragraph of MnDOT 1206.2 is hereby changed to read: The bidder's attention is directed to MN Statute § 161.32 subd. 1c, which provides among other things, that a bid will be rejected if it contains any alterations or erasures that are not corrected as follows: S-7.2 The following is added to MnDOT 1206: 1206.4 VALUE OF SUBMITTAL Prior to March 1, 2011, ALL submittals with a value of over $1,000,000.00 (one million dollars) MUST utilize the "Two way electronic bidding" method described in MnDOT 1206. After March 1, 2011, ALL submittals with a value of over$150,000.00 (one hundred fifty thousand dollars) MUST utilize the "Two way electronic bidding" method described in MnDOT 1206.
S.P. 8825-466 (IDIQ Project) April 23, 2013 3-S S-8 (1209) DELIVERY OF PROPOSALS (2013 version) The provisions of MnDOT 1209 are hereby supplemented with the following: S-8.1 ALL bids submitted, after March 1, 2011, with a value of over $150,000.00 (one hundred fifty thousand dollars) MUST utilize the "Two way electronic bidding" method described in MnDOT 1206. S-8.2 Bids submitted under $150,000.00 (one hundred fifty thousand dollars) may utilize the "Two way electronic bidding" method described in MnDOT 1206 or utilizing ANY OTHER METHOD OF APPROVED BID SUBMITTAL MUST RETURN paper copies of the following : 1) Title Sheet of the Proposal 2) The complete "Schedule of Prices", with all changes made in ink and initialed. 3) Form 21126D, attached to the back of this Proposal, with signatures and all addenda acknowledged 4) Form CM 32-34 (EEO Clause) 5) Non-Collusion Declaration 6) MnDOT Bid Bond Form S-8.3 Electronic Bidders are hereby reminded that if the Goal folder(s) contains more than one unknown sub-folder, MnDOT will deem the highest goal commitment submitted to be the bidder's goal commitment and will use that figure for determining whether the goal has been met, or for purposes of making a good faith efforts review. S-9 (1210) WITHDRAWAL OR REVISION OF PROPOSALS The provisions of MnDOT 1210 are hereby deleted and replaced with the following: Any bidder may withdraw or revise its Proposal after it has been deposited with the Contracting Authority, provided the request for withdrawal or revision is received in writing before the time set for opening proposals. The Department reserves the right to revise the Plans, Specifications, Special Provisions, and Proposal form for any Project at any time prior to the date set for opening the Proposals. Revisions will be made by Addendum, duly numbered and dated, subject to the following provisions: (1) Each Addendum will be delivered by certified mail, courier service, fax, or other electronic transmission to each prospective bidder who has received a Proposal form prior to the date of Addendum. The Addendum will be included with all Proposal forms issued to bidders after the date of the Addendum. (2) If revisions made by an Addendum require considerable change or reconsideration on the part of the bidder, the date set for opening the Proposals may be postponed, in which case the Addendum will include an announcement of the new date set for opening Proposals. (3) Each bidder shall acknowledge receipt of each Addendum, either in the space provided on the Proposal form or by submitting a letter prior to the time set for opening Proposals. S-10 (1212) PUBLIC OPENING OF PROPOSALS The provisions of MnDOT 1212 are hereby deleted and replaced with the following: Proposals will be opened at the time indicated in the Advertisement for Bids.
S.P. 8825-466 (IDIQ Project) April 23, 2013 4-S S-11 (1301) CONSIDERATION OF PROPOSALS (INDEFINITE DELIVERY/INDEFINITE QUANTITY) The Minnesota Department of Transportation (MnDOT), District Metro, is requesting bids from entities (âbiddersâ) interested in the Noise Wall Indefinite Delivery/Indefinite Quantity (âIDIQâ) Single-Award Contract (the âContractâ). S-11.1 DEFINITIONS (A) Contract Time: Number of working days assigned to an individual Task Order based on the quantity of work in the Task Order. (B) IDIQ: type of Contract that provides for an indefinite quantity of work during a fixed period of time. (C) Task Order: document executed to determine Location, Contract Time and Scope of Work, (including pay items). (D) Task Order Item List; complete list of bid items shown on the Bid Schedule that the Contractor can anticipate being used repetitively to perform the Task Orders of this IDIQ Contract. S-11.2 CONTRACT DESCRIPTION The Contract scope is salvaging any rub rail, removing any plywood, removing in place noise wall wood planking except for the bottom board, furnishing and installing new treated wood planking on the existing posts, and installing the salvaged rub rail. The Contract also includes providing the appropriate and necessary traffic control measures. The Contract will be awarded to the lowest responsible bidder according to the items listed in the Bid Schedule included in this Proposal. This will obligate the Contractor to perform all work necessary to complete any Task Order by the deadlines specified, for the prices bid in the Bid Schedule and carried forward to the Task Order). New items may be added to a Task Order in accordance with MnDOT 1402. Task Orders under this Contract will be located in District Metro. This includes the following Minnesota Counties: Anoka, Carver, Dakota, Hennepin, Ramsey and Washington. Task Orders under this Contract generally consist of salvaging any rub rail, removing any plywood, removing in place noise wall wood planking except for the bottom board, furnishing and installing new treated wood planking on the existing posts, and installing the salvaged rub rail. Additional major responsibilities to the Contractor are quality and safety. Each Task Order will be executed separately. No work will be allowed to start prior to execution of each individual Task Order. Any work performed prior to final execution (all signatures) of the Task Order, will be deemed unauthorized work for which no compensation will be made. S-11.3 ESTIMATED COST AND MAXIMUM TIME ALLOWED The total compensation of the Contract will not exceed $2,500,000.00 and may not be less than $300,000.00. Each individual task order will be at least 500 lineal feet and typically one (1) wall section. Contract Time will be established individually for each Task Order issued under this Contract, in accordance with the requirements of the work as shown in Section S-33 (DETERMINATION AND EXTENSION OF CONTRACT TIME) of these Special Provisions.
S.P. 8825-466 (IDIQ Project) April 23, 2013 5-S S-11.4 CONTRACT SCHEDULE The Department anticipates the following additional Contract milestone dates. This schedule is subject to revision by the Department. Deadline for submitting Clarifications May 8, 2013 Anticipated First Task Order July 15, 2013 S-11.5 CONTACT INFORMATION AND CLARIFICATION PROCESS MnDOT will be using a clarification process to allow the Department to respond to questions during the period this Project is Advertised for Bids. The Clarification responses are meant to clarify the Bidding Package, but will not be used for material changes. Material changes to the Bidding Package will be made via the addendum process. Beginning with the Project advertisement and continuing until award of a contract for this Project (or cancellation), no employee, member or agent of any potential contractor, sub-contractor or supplier shall have any ex parte communications regarding this Project with any member of MnDOT, except for communications expressly permitted by the Engineer. Any potential contractor, sub-contractor or supplier engaging in such prohibited communications may be disqualified at the sole discretion of MnDOT. All questions regarding this Project, including any questions prior to bidding shall be directed as indicated in Section S-1 (CONTACT INFORMATION) of these Special Provisions. All requests for clarifications of this Bidding Package must be in writing and submitted via email. E-Mail all request for clarifications to Steve.Kordosky@state.mn.us, put "SP 8825-466 Clarification Request" in the subject line and request receipt acknowledgement. The request for clarification needs to be as specific as possible, indicating the Proposal Section, Plan Sheet or Pay Item in question. All responses to requests for clarifications will be posted, at the following website: : http://www.dot.state.mn.us/bidlet/ and search for your project, by the Engineer and provided to all plan holders. MnDOT will not be bound by the responses to the clarifications requests. Contractors shall only rely on the Plans, Specification Special Provisions, addendums and other Contract documents. S-11.6 PRICE PROPOSAL All Price Proposals will be subject to the conditions of Section S-8 (DELIVERY OF PROPOSALS) of these Special Provisions. Except as identified within the Contract Documents, the line items appearing in the Bid Schedule will be used for the basis for selecting the lowest responsible bidder only. Payments to the Contractor under the Contract will be made based on the Bid Schedule and any necessary negotiated items as shown on the Task Orders when authorized. S-11.7 TASK ORDER ITEM LIST (TOIL) After Contract approval, the Bid Schedule will be used to create Individual Task Order. The TOIL will be used as a mechanism to identify the scope of work for all Task Orders issued under this Contract. This TOIL is comprised of all items that will be utilized as IDIQ bid items. Items not shown on the TOIL, but included in the Bid Schedule may be used on a single Task Order at the unit prices as bid, and will not be used as an IDIQ bid item.
S.P. 8825-466 (IDIQ Project) April 23, 2013 6-S Item Number Description Units 2012.602 TRAFFIC CONTROL TYPE 1 EACH 2012.602 TRAFFIC CONTROL TYPE 2 EACH 2012.602 TRAFFIC CONTROL TYPE 4 EACH 2104.503 REMOVE WOOD NOISE WALL SQ FT 2422.618 WOOD NOISE BARRIER SQ FT S-11.8 POST AWARD PRICING (A) Pay Items Contained in the Bid Schedule The unit prices as shown on the Bid Schedule will be assigned to the items in the Task Order and shall become the basis for pricing all task orders. The Task Order will become a Contract document. Since the scope of work in all subsequent Task Orders is not expected to vary significantly from the types shown in the Bid Schedule, the Engineer will use this as the basis for developing Task Order(s). (B) Pay Items Not Contained in the Bid Schedule Pay items that are not contained in the Bid Schedule, may be added to the Contract on a negotiated basis in accordance with MnDOT 1904 the first time they are encountered in the Contract. These additional pay items will be identified in the Task Order prepared by the Engineer. Once a mutual agreement has been reached, the unit price will be added to the Contract and the new unit price pay items will be used for all subsequent job orders where they are applicable. The Contractor will be provided with a TOIL for all work associated with the work. The Task Order shall be executed with a written signature and returned to the Engineer within 7 calendar days. This signed Task Order shall confirm location, quantities of work to be performed, starting date and number of Working Days allowed for the work. If the Contractor fails to return the executed Task Order in the required 7 calendar days and the Contract Time under Section S-33 (DETERMINATION AND EXTENSION OF CONTRACT TIME) of these Special Provisions is specified as a number of working days, the Department reserves the right to reduce the Contract Time to reflect the delay caused by the Contractor. If the Contract Time is specified as a completion date, the Contractorâs delay in returning the executed Task Order is an avoidable delay under MnDOT 1806.1A and shall not entitle the Contractor to an Extension of Contract Time for any Task Order. If the return of the Task Order within the specified time is impossible due to the absence of one or more of the required signers, an extension of time may be granted by the Department provided satisfactory evidence is furnished that the Task Order will be executed. S-12 (1305) REQUIREMENT OF CONTRACT BOND The provisions of MnDOT 1305 are hereby deleted and replaced with the following: The successful bidder shall furnish a payment bond equal to the Contract amount and a performance bond equal to the Contract amount as required by Minnesota Statutes, section 574.26. The surety and form of the bonds shall be subject to the approval of the contracting authority. The contracting authority shall require for all contracts less than or equal to five million dollars ($5,000,000.00), that the aggregate liability of the payment and performance bonds shall be twice the amount of the Contract. All contracts in excess of five million dollars ($5,000,000.00) shall have an aggregate liability equal to the amount of the Contract. Upon request from the Department the Contractor shall provide evidence of payment and performance bond coverage in the current Contract amount. It is anticipated that the Contract amount may exceed the bid amount up to the maximum amount as specified in Section S-11 (CONSIDERATION OF PROPOSALS (INDEFINITE DELIVERY/INDEFINITE QUANTITY) of these Special Provisions. No separate payment will be made to the Contractor for bond costs.
S.P. 8825-466 (IDIQ Project) April 23, 2013 7-S S-13 (1402) ALTERATIONS OF THE WORK AND CHANGED CONDITION The provisions of MnDOT 1402 are hereby supplemented by the following: S-13.1 The following is added to MnDOT 1402.2: In 1402.2A, âDiffering Site Conditions,â 1402.2B, âSuspensions of Work Ordered by the Engineer,â and 1402.2C, âSignificant Changes to the Character of the Work,â the term âadjustmentâ means compensation in accordance with 1904, âExtra and Force Account Work,â 1905, âElimination of Work,â 1907, âPayment for Surplus Material.â and the granting of a time extension in accordance with 1806, âDetermination and Extension of Contract Time.â S-14 (1404) MAINTENANCE OF TRAFFIC AND (2012) TRAFFIC CONTROL All traffic control devices shall conform and be installed in accordance to the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD) and Part 6, "Field Manual for Temporary Traffic Control Zone Layouts", the "Guide to Establishing Speed Limits in Highway Work Zones", the Minnesota Flagging Handbook, the provisions of MnDOT 1404 and 1710, the Minnesota Standard Signs Manual, the Traffic Engineering Manual, the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans, and these Special Provisions. The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular traffic through the Project during the life of the Contract from the start of Contract operations to the final completion thereof. The Engineer will have the right to modify the requirements for traffic control as deemed necessary due to existing field conditions. The highways shall be kept open to traffic at all times, except as modified below. Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, and drums, as required and sufficient barricade weights to maintain barricade stability. S-14.1 TRAFFIC CONTROL (A) The Contractor shall be responsible for the immediate repair or replacement of all traffic control devices that become damaged, moved or destroyed, of all lights that cease to function properly, and of all barricade weights that are damaged, destroyed, or otherwise fail to stabilize the barricades. The Contractor shall further provide sufficient surveillance of all traffic control devices at least once every 24 hours. The Contractor shall furnish the Engineer names, addresses, and phone numbers of at least three (3) local persons responsible for all traffic control devices. These individuals shall be "on call" 24 hours per day, seven days per week during the times any traffic control devices, furnished and installed by the Contractor, are in place. The required information shall be submitted to the Engineer at the Pre-construction Conference. (B) If traffic control layouts are not present in the Plan, or the Contractor modifies the layout or sequence from the Plan, the Contractor shall submit the proposed traffic control layout to the Engineer, for approval, at least fourteen (14) days prior to the start of construction. At least 24 hours prior to placement, all traffic control devices shall be available on the Project for inspection by the Engineer. The Contractor shall modify his/her proposed traffic control layout and/or devices as deemed necessary by the Engineer. (C) The Contractor shall notify the Engineer in writing at least 72 hours prior to the start of any construction operation that will necessitate lane closure or internal traffic control signing. (D) The Contractor shall inspect, on a daily basis, all traffic control devices, which the Contractor has furnished and installed, and verify that the devices are placed in accordance with the Traffic Control Layouts, these Special Provisions, and/or the MN MUTCD. Any discrepancy between the placement and the required placement shall be immediately corrected.
S.P. 8825-466 (IDIQ Project) April 23, 2013 8-S The Contractor shall be required to respond immediately to any call from the Engineer or his designated representative concerning any request for improving or correcting traffic control devices. If the Contractor is negligent in correcting the deficiency within one hour of notification the Contractor shall be subject to an hourly charge assessed at a rate of $250.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. (E) The person performing the inspection in paragraph (D) above, shall be required to make a daily log. This log shall also include the date and time any changes in the stages, phases, or portions thereof go into effect. The log shall identify the location and verify that the devices are placed as directed or corrected in accordance with the Plan. All entries in the log shall include the date and time of the entry and be signed by the person making the inspection. The Engineer reserves the right to request copies of the logs as he deems necessary. The Contractor shall be required to provide copies of the inspection logs, within the time frame agreed upon, when requested by the Engineer. If the Contractor is negligent in providing the inspection logs within the time frame agreed upon, the Contractor shall be subject to a daily charge assessed at a rate of $500.00 per calendar day for each calendar day or any portion thereof with which the Engineer determines that the Contractor has not complied. (F) The third sentence of paragraph 2 in MnDOT 1404.7 (Winter Suspension) is hereby revised as follows: "In the event that any Contractor-owned traffic control devices are damaged or destroyed making them ineffective for their intended use, the Contractor will receive payment in the amount of the value of the traffic control device as determined by the Engineer." (G) If, at any time, the Contractor fails to, in a timely manner, properly furnish, install, maintain or remove any of the required traffic control devices, the Department reserves the right to properly correct the deficiency. Each time the Department takes such corrective action, the costs thereof, including mobilization, plus $5,000 will be deducted from monies due or coming due the Contractor. S-14.2 TRAFFIC CONTROL TYPE 1 (Shoulder Closure) Traffic Control Type 1 will be measured by the number of full shoulder closures installed and removed as required. The closure is limited to one (1) mile in length. The payment(s) shall be compensation in full for all costs of furnishing, installing, maintaining, and removing the individual traffic control devices as specified in these Special Provisions. The bid price shall also include any extra signing needed to facilitate adjustment to the traffic control setup needed to accommodate traffic under construction. If the Contractor requests changes in traffic control and these changes are implemented, there will be no increase or decrease in the unit bid price for the stage(s) of traffic control. Payment for furnishing, installing, maintaining, and subsequently removing shoulder closures as required will be made under Item 2012.602 (Traffic Control Type 1) at the Contract bid per each. For each additional mile or portion of a mile of closed shoulder, the Contractor will be compensated at a rate of 25% of the bid price of Traffic Control Type 1. S-14.3 TRAFFIC CONTROL TYPE 2 (Lane Closure) Traffic Control Type 2 will be measured by the number of full lane closures installed and removed as required A full lane closure is defined as closing one lane to traffic. The closure is limited to one (1) mile in length. The payment(s) shall be compensation in full for all costs of furnishing, installing, maintaining, and removing the individual traffic control devices as specified in these Special Provisions. The bid price shall also include any extra signing needed to facilitate adjustment to the traffic control setup needed to accommodate traffic under construction and shall also include any Ramp and/or Turn lane closures that are within a requested lane closures.
S.P. 8825-466 (IDIQ Project) April 23, 2013 9-S If the Contractor requests changes in traffic control and these changes are implemented, there will be no increase or decrease in the unit bid price for the stage(s) of traffic control. Payment for furnishing, installing, maintaining, and subsequently removing lane closures as required will be made under Item 2012.602 (Traffic Control Type 2) per each. If more than a single lane is required to be closed, the Contractor will be compensated as follows: Double Lane Closure price of Traffic Control Type 2 times 1.5 Triple Lane Closure price of Traffic Control Type 2 times 2.0 For each additional mile or portion of a mile of closed lane, the Contractor will be compensated at a rate of 25% of the bid price of Traffic Control Type 2. For Low Speed Roadways of 40 mph or less (as stated in the MN MUTCD), the Contractor will be compensated at a rate of 75% of the bid price of Traffic Control Type 2. S-14.4 TRAFFIC CONTROL TYPE 4 (Ramp/Turn Lane Closure) Traffic Control Type 4 will be measured by the number of full ramp/turn lane closures only (installed and removed as required). The payment(s) shall be compensation in full for all costs of furnishing, installing, maintaining, and removing the individual traffic control devices as specified in these Special Provisions. The bid price shall also include any extra signing needed to facilitate adjustment to the traffic control setup needed to accommodate traffic under construction. If the Contractor requests changes in traffic control and these changes are implemented, there will be no increase or decrease in the unit bid price for the stage(s) of traffic control. Payment for furnishing, installing, maintaining, and subsequently removing ramp closures as required will be made under Item 2012.602 (Traffic Control Type 4). S-14.5 VEHICLE WARNING LIGHT SPECIFICATION All Contractors', subcontractors' and suppliers' mobile equipment, operating within the limits of the Project with potential exposure to passing traffic, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE specifications. This would include closed roads that are open to local traffic only. This also includes any vehicle which enters the traveled roadway at any time. The SAE specification requirements are as follows: 360 Degree Rotating Lights - SAE Specification J845 Flashing Lights - SAE Specification J595 Flashing Strobe Lights - SAE Specification J1318 Lights shall be mounted so that at least one light is visible at all times from a height of 3.5 feet and from a 100 foot radius about the equipment. In order to meet the 360 degree at 18 m [60 foot] radius requirements supplemental lighting may be used in addition to the lights on the Approved Products List. All supplemental lights must be SAE Class 1 certified. This specification is to be used for both day and night time operations. All costs incurred to provide warning lights shall be at no cost to the Department. These warning lights shall also be operating and visible when a vehicle decelerates to enter a construction work zone and again when a vehicle leaves the work zone and enters the traveled traffic lane. Contractor shall equip their vehicles with lights that are on the Approved Products List which can be found at: http://www.dot.state.mn.us/products/vehiclelighting/index.html .
S.P. 8825-466 (IDIQ Project) April 23, 2013 10-S S-14.6 FLAGGER TRAINING Any person acting as a flagger on this Project shall have attended a training session taught by a Contractorâs qualified trainer. The Contractorâs qualified trainer shall have completed a âMnDOT Flagger Train the Trainer Sessionâ in the five years previous to the start date of this Contract and shall be on file as a qualified flagger trainer with the Department. The Flagger Trainerâs name and Qualification Number shall be furnished by the Contractor at the pre-construction meeting. The Contractor shall provide all flaggers with the MnDOT Flagger Handbook and shall observe the rules and regulations contained therein. This handbook shall be in the possession of all flaggers while flagging on the Project. The Contractor shall obtain handbooks from the Department. Flaggers shall not be assigned other duties while working as authorized flaggers. The âChecklist for Flagger Trainingâ form shall be furnished to the Engineer any time a new flagger reports to work on the Project. The "Checklist for Flagger Training" form can be found at: http://www.dot.state.mn.us/const/wzs/flagger.html . S-14.7 TEMPORARY LANE CLOSURE REQUIREMENTS: (A) The Contractor shall contact the Regional Transportation Management Center (RTMC) at 651-634-5307 at the time when a lane closure begins and again at the time when the lane closure ends. The Contractor shall also contact the RTMC at the time when a full roadway closure begins and again at the time when a full roadway closure ends. (B) Unless otherwise approved by the Engineer, any temporary lane closure that is adjacent to traffic, and is extending to or beyond 300 m [1000 feet] shall have a minimum of one Type III barricade, or 3 drums, placed in the closed lane for every 300 m [1000 feet] of extension. Any lane closure that is adjacent to traffic and inplace 3 days or more, shall use the Type III barricade only. (C) All temporary lane closures shall have Type B Channelizers (drums, Type I or Type II barricades, vertical panel or Direction Indicator Barricades) in the lane closure taper and also in any shifts in traffic alignment. (D) Short Term Duration lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closure will be a greater than normal hazard to traffic. (E) Temporary lane closures or other restrictions by the Contractor, during work hours and consistent with the time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for temporary lane closures shall be made at least 24 hours prior to such closures. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. (F) Temporary lane restrictions will be permitted in accordance with the latest edition of the Minnesota Department of Transportation Metro District Lane Closure Manual applicable lane closure charts. These charts are available online at the http://www.dot.state.mn.us/metro/trafficeng/laneclosure/index.html. Lane closures that cross segments as defined in the latest edition of the Minnesota Department of Transportation Metro District Lane Closure Manual applicable lane closure charts shall follow the more restrictive time limits. All other temporary lane restrictions will require Project Engineerâs authorization with a three (3) working days advanced request. Work which will restrict or interfere with traffic shall not be performed between 12:00 P.M. noon on the day preceding and 9:00 A.M. on the day following any consecutive combination of a Saturday, Sunday and legal holiday. The Engineer will have the right to lengthen, shorten, or otherwise modify the foregoing periods of restrictions as actual traffic conditions may warrant. If the Contractor is negligent in adhering to the established time schedules, he shall be subject to an hourly charge assessed at a rate of $500.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. When working on the shoulder or median and within three (3) feet of the traveled lane the Contractor shall only perform this work using a lane closure on mainline and adhering to the above lane closure restrictions.
S.P. 8825-466 (IDIQ Project) April 23, 2013 11-S When working on the shoulder or median and at a distance greater than three (3) feet from the traveled lane the Contractor shall perform this work using a shoulder closure. Shoulder closures shall be removed daily. All work performed over a lane of traffic shall require the lane to be closed. (G) The Contractor shall provide one vehicle or trailer mounted flashing arrow panel for each lane of each work area where traffic is restricted. The arrow panel shall meet the requirements of the MN MUTCD, and be on the qualified products list for flashing arrow panels found at: http://www.dot.state.mn.us/products/temporarytrafficcontrol/tccelectronicequipment.html , and shall be equipped with a light that is visible to personnel in the work area to indicate that the unit is in operation. The flashing arrow panel shall be incidental for each type of Traffic Control pay item. It is imperative that the Contractor continually operate each Flashing Arrow Panel at maximum legibility. Many factors, such as mechanical problems, insufficient charging, incorrect intensity settings, or other factors can degrade performance. Except as approved by the Engineer, the Flashing Arrow Panel shall be stored off the shoulder when not in use. In the event the Engineer allows the arrow panel to remain on the shoulder, the arrow panel shall be delineated according to Layout 4 (Partial Shoulder Closure) in the field manual, as determined by the Engineer. (H) The Contractor shall furnish flag persons as required to adequately control traffic. Flag persons shall conform to the requirements set forth in the MN MUTCD. All costs incurred to provide such flag persons shall be incidental for each type of Traffic Control pay item. (I) Flagging will not be allowed on the mainline expressway freeway portion of the various trunk highways of this State Project. (J) The Contractor shall provide two-way fully functional radios for flag persons. Except as otherwise authorized by the Engineer, the maximum length of the flagging operation shall be no more than 1.6 km [1 mile]. The Contractor shall coordinate the flagging operations in a manner which causes as little delay to the traveling public as possible, and at no time shall the delay exceed four (4) minutes. In the event that the Contractor is unable to meet the maximum delay requirements, operations shall shut down until such time a new traffic control plan is developed which does meet the maximum delay requirement. If hauling operations create hazards for the traveling public, the Contractor will be required to provide additional flaggers, as directed by the Engineer. All costs incurred to provide the additional flaggers shall be incidental for each type of Traffic Control pay item. (K) A Portable Changeable Message sign will be provided in advance of each temporary lane closure to communicate real time information. (PCMS) Type C Trailer Mounted Message Signs will be permitted and shall be on the qualified products list for portable changeable message signs as found at: http://www.dot.state.mn.us/products/temporarytrafficcontrol/tccelectronicequipment.html. It is imperative that the Contractor continually operate each PCMS at maximum legibility. Many factors, such as mechanical problems, insufficient charging, incorrect intensity settings, or other factors can degrade performance. If at any time the Contractor fails to operate a Portable Changeable Message Sign at maximum legibility, as determined by the Engineer, no payment will be made for each day that the Message Sign is deemed inadequate. Except as approved by the Engineer, the message sign shall be stored off the shoulder when not in use. In the event the Engineer allows the message board to remain on the shoulder the message sign shall be delineated according to Layout 4 (Partial Shoulder Closure) in the field manual, as determined by the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 12-S All costs incurred to provide Portable Changeable Message Signs shall be incidental for each type of Traffic Control pay item. S-14.8 GENERAL REQUIREMENTS: (A) All portable sign assemblies shall be perpendicular to the ground. No traffic control device (signs, channelizing devices, arrowboards, etc.) shall be weighted so they become hazardous to motorists and workers. The approved ballast system for devices mounted on temporary portable supports is sandbags, unless it is designed, crash tested, and approved for the specific device. During freezing conditions, the sand for bags shall be mixed with a de- icer to prevent the sand from freezing. The sandbags shall be placed and maintained at the base of the traffic control device to the satisfaction of the Engineer. When signs will remain in the same location for more than 30 consecutive days the signs shall be post mounted. This would not include portable signs which are set up and taken down at the beginning and end of each work shift. The signs must be post mounted according to the Typical Temporary Sign Framing and Installation Detail Sheet found in the Plan or in these Special Provisions. (B) When signs are installed, they shall be mounted on posts driven into the ground at the proper height and lateral offset as detailed in the MN MUTCD. When signs are removed, the sign posts and stub posts shall also be removed from the Right of Way within two (2) weeks or the Contractor shall be subject to a daily charge assessed at a rate of $100.00 per day for each day or portion thereof with which the Engineer determines that the Contractor has not complied. (C) The Contractor shall be required to cover or remove all traffic control devices which may be inconsistent with traffic patterns during all traffic switches. See Maintenance and Staging of Traffic Control. (D) The Contractor shall provide, at his own expense, protective devices necessary to protect traffic from excavations, drop-offs, falling objects, splatter or other hazards that may exist during construction. (E) Equipment will not be allowed to suspend over traffic. (F) The Contractor will not be permitted to park vehicles or construction equipment so as to obstruct any traffic control device. The parking of workers' private vehicles will not be allowed within the Project limits unless so approved by the Engineer. Note 1 of Layout 2 of the field manual is hereby deleted. The Contractor will not be allowed to load or unload material or equipment on the shoulders of the roadway without a full shoulder closure using appropriate signs, barricades and channelizing devices as directed by the Engineer. (G) The Contractor will not be allowed to store materials or equipment within 10 m [30 feet] of through traffic unless approved by the Engineer. If materials or equipment must be stored within 10 m [30 feet] of through traffic, the Contractor shall provide Type B channelizers, barricades or barriers, placed near the object to warn and protect traffic. (H) All personnel working within the road Right-of-Way who are exposed to either traffic or to construction equipment shall wear reflectorized high-visibility safety apparel. High-visibility safety apparel means personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and at a minimum meets performance Class 2 requirements of the ANSI/ISEA 107 â 2004 publication entitled âAmerican National Standard for High-Visibility Safety Apparel and Headwearâ. Additional Requirements: ANSI/ISEA 107-2004 Class 3 Requirements (Class 2 Vest with Class E Long Pants)
S.P. 8825-466 (IDIQ Project) April 23, 2013 13-S â Flag Persons â In addition to an ANSI Class 2 hat, vest, shirt, or jacket, flaggers shall wear high visibility Class E long pants. â Nighttime and Low Light Conditions â All workers working at night or in low light conditions shall wear high visibility Class E long pants in addition to an ANSI Class 2 vest, shirt, or jacket. All high visibility apparel must be worn in the manner for which it is intended to be worn. All apparel worn on the torso must be closed in the front to provide contiguous 360 degree visibility. If a workerâs high-visibility apparel becomes faded, worn, torn, dirty, or defaced, reducing the conspicuity of the apparel, the apparel shall be removed from service and replaced with new apparel. The Contractor will be subject to a non-compliant charge for failure to adhere to the clothing requirements as listed above. Non-compliance charges, for each incident, will be assessed at a rate of $500.00 per incident that the Engineer determines that the Contractor has not complied. (I) When work will be performed between the official hours of sunset and sunrise, all appropriate practices for night work will apply. The Contractor shall provide sufficient numbers of light plants to adequately illuminate the work area as determined by the Engineer. All costs incurred to provide such light plants shall be incidental for each type of Traffic Control pay item. All Contractor's personnel, except operators who will remain in their vehicles at all times, shall wear reflectively striped (approximately 10 m [33 feet] of striping), highly visible, short sleeved one or two piece coveralls (color and striping pattern to be determined by the District Traffic Engineer), at all times while working on the Project. These coveralls shall be considered an incidental expense for which no direct compensation will be made. Any Contractor's employee found on the Project not wearing the prescribed reflective coveralls will be immediately ordered off the Project by the Engineer. The Contractor shall provide a sufficient amount of 50 mm [2 inch] wide highly reflective vehicle marking tape to be applied to Contractor vehicles and equipment, as directed by the Engineer, and as provided by the manufacturer's instructions. This tape shall be considered an incidental expense for which no direct compensation will be made and shall be on the qualified products list for conspicuity vehicle sign sheeting as found at: http://www.dot.state.mn.us/trafficeng/qpl/Signing.pdf . Vehicle examples to be marked with tape are Contractor trucks, lifts, cranes, loaders and other equipment normally found in the lane closure. (J) All in place signs and delineators mounted on less than three posts (not including back bracing) and which interfere with the Contractor's normal operation, shall be relocated outside of the work area by the Contractor at the direction of the Engineer. Any signs that are removed and may be reused are to be stored in such a manner as to protect the sign from scratching, fading, or other harmful affects until said signs are reinstalled or delivered to MnDOT. All signs mounted on three or more posts requiring relocation will be relocated by State forces. The Contractor shall notify the Engineer seven (7) Working Days prior to the required relocation work. Signs mounted on three or more posts that must be removed but not relocated shall be removed by the Contractor. Upon completion of work at each sign location, or at the direction of the Engineer, the signs shall be replaced as near to their original locations as possible or to a location designated by the Engineer. Signs and structures damaged by the Contractor shall be replaced by him at his own expense. Regulatory signs, not otherwise covered by this Contract, may only be removed or replaced or relocated by MnDOT personnel. (K) Truck Mounted Attenuators (TMA'S) If the Contractor establishes a mobile lane closure on a high speed roadway, any vehicle operating totally or partially in a traffic lane shall be equipped with a truck mounted attenuator that meets the requirements of NCHRP 350. The mobile lane closure shall meet the requirements described in the appropriate Field Manual layout. All costs incurred to providing the mobile lane closure and TMAâs shall be incidental for each type of Traffic Control pay item.
S.P. 8825-466 (IDIQ Project) April 23, 2013 14-S If the Contractor establishes a lane closure on a high-speed roadway, a vehicle equipped with a truck mounted attenuator that meets the requirements of NCHRP 350 shall be placed in the closed lane next to traffic prior to the active work site, as directed by the Engineer. The lane closure shall meet the requirements described in the appropriate Field Manual layout. (L) All temporary rigid signs shall be fabricated with an approved retroreflective sheeting material of the appropriate color, and be listed on the Qualified Product Listing (QPL) for either âSheeting for Rigid Signsâ or âHigh Performance Sheeting for Rigid Signsâ. Signs remaining inplace that still apply during temporary operations need no change in sign sheeting. To visually identify approved retroreflective sign sheeting on temporary rigid signs in the field signs shall have an easily identifiable marking on the face. This marking verifies that the sign sheeting is Approved for Rigid Sign Use as found on the QPL. Although still required to meet sheeting standards, temporary rigid signs 4 square feet and under in size and all barricades and route markers will be exempt from this marking. The appropriate marking shall be used for each type of the approved sheeting types. Refer to the instructions for the marking of temporary signs which may be found on the APL or directly at the following link: http://www.dot.state.mn.us/products/signing/common/typelabel.pdf. The retroreflective sheeting types and qualified products used for temporary signs and barricades can be found at: http://www.dot.state.mn.us/products/signing/sheeting.html . (M) In temporary traffic control zones only, a 12â x 18â black on white âKeep Rightâ sign, may be used in lieu of the sizes stated in the Standard Signs Manual. S-14.9 MAINTENANCE AND STAGING OF TRAFFIC CONTROL (A) The Contractor shall maintain, at all times, the existing traffic movements at all intersections. This requirement does not apply to the bottom of ramps where the ramps are closed per the Contract specifications. (B) Pedestrian traffic shall be maintained and guided through the Project at all times as per Chapter 6 of the MN MUTCD. (C) The Contractor may ban parking within the construction limits with the concurrence of the appropriate roadway jurisdictional authority. All necessary signing is the responsibility of the Contractor and shall be installed, as directed by the Engineer, 24 hours prior to the parking ban. The Contractor shall remove that signing as soon as the work, or that part of the work, in the area has been completed. (D) The Contractor shall notify the appropriate roadway jurisdictional authority and obtain their written concurrence at least 24 hours prior to posting any parking ban. (E) Except as otherwise authorized by the Engineer, the Contractor shall maintain a minimum of two km [1.25 mile] between temporary lane closures. (F) The Contractor, at the Contractorâs own expense, shall keep the Right-of-Way fence closed up, except during work hours, by means of the in place fence, newly constructed fence, temporary fence or a combination thereof. (G) All signs installed on roads open to traffic that are not consistent with traffic operations shall be covered as directed by the Engineer. The cover should be a plate of solid material covering the entire legend or all of that part of the legend that is inappropriate. This cover shall be bolted to the sign and shall use a minimum of 3 mm [1/8 inch] plastic washers between the sign face and the cover. See Figures 8.2A, 8.2B and 8.3C of the Traffic Engineering Manual for details. (H) No access to or from any public road will be permitted for the Contractor's equipment, material deliveries, the hauling of excavated materials of any kind, or employees' private vehicles, except at in place public road intersections, or at locations and in such manner as approved by the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 15-S (I) The Contractor shall provide, on all two lane two directional roadways at each temporary lane closure work site, a minimum of two flagger personnel with two way operational radios to control traffic and all necessary advance signing as directed by the Engineer. (J) The Contractor shall provide four (4) G20-1 "ROAD WORK NEXT ____ MILES" signs and four (4) G20-2A "END ROAD WORK" signs to be placed, as directed by the Engineer, on the day before he begins operations on the road at each noise wall site. These signs will be placed at the end(s) of the Project. All costs incurred to provide signs shall be incidental for each type of Traffic Control pay item. (K) The Contractor, on the day before he begins operations, shall also furnish, install, and maintain two (2) "ROAD WORK AHEAD" signs in advance of the construction limits on each of the intersecting roads and streets as directed by the Engineer. The signs shall conform to the standards shown in the MN MUTCD. No direct compensation will be made to the Contractor for furnishing and erecting these signs. The signs shall remain the property of the Contractor. (L) Street identification signage shall be maintained at all times. Where the only existing signs are small city or county signs located at the intersection, street names and address numbers shall be maintained by temporary installations as required by the Engineer. This is necessary to maintain the 911 emergency system. (M) Mail boxes shall be maintained at all times. Mail box temporary installation may be required by the Engineer. All necessary mail box work shall be considered an incidental expense for which no direct compensation will be made. (N) The Contractor shall maintain, at all times, the existing movements at all locations, both public and private, along the Project corridor. S-14.10 ADDITIONAL TRAFFIC CONTROL DEVICES In addition to the traffic control devices shown on the Traffic Control Layouts, and/or Field Manual, the Engineer may require more traffic control as traffic conditions may warrant. These items are not intended for temporary lane closures. NOTE: These provisions will apply ONLY when the Plan contains Item(s) for 2012.601 (Traffic Control Type __) and/or if "Traffic Control Layouts" are included in the Plan or attached to this Proposal. (A) General Requirements: The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. The devices shall be installed and maintained in a functional and/or legible condition, at all times, to the satisfaction of the Engineer. (B) Measurement: Flashers, barricades, reflectorized drums, portable changeable message signs, 1220 x 1220 mm [48 x 48 inch] signs, and flashing arrow boards will be measured by the number of individual units of each type multiplied by the number of Calendar Days each unit is in service. Standard signs of each type, other than 1220 x 1220 mm [48 x 48 inch] signs will be measured by the face area of signs furnished multiplied by the number of Calendar Days each square meter [square foot] of sign is in service. Special construction signs will be measured by the face area thereof furnished and installed as specified.
S.P. 8825-466 (IDIQ Project) April 23, 2013 16-S Flag Persons and Police Officers will be measured by the length of time each is in service on the job. Police Officers shall be equipped with a car at all times on the job and the car shall be incidental in the payment for the Police Officer. (C) Payment: Payment for additional traffic control devices of each type, at the appropriate pre-determined Unit Day price set forth below, shall be compensation in full for all costs of furnishing, installing, maintaining, and subsequently removing and disposing of the device. Payment for standard signs of each type, other than 1220 x 1220 mm [48 x 48 inch] signs, will be made at the appropriate pre-determined Square Meter/Day [Square Foot/Day] price which shall be payment in full for all costs of furnishing, installing, maintaining and subsequently removing and disposing of the signs. The pre-determined Square Meter [Square Foot] price for "Construction Signs - Special" shall be payment in full to furnish, install, maintain and remove such signs. All materials required to furnish and install these signs will remain the property of the Contractor. Payment for Flag Persons and Police Officers will be by the Unit Hour for each hour or portion thereof that each is in service on the Project. Payment for all additional traffic control devices, as ordered by the Engineer, will be made in accordance with the following schedule: ADDITIONAL TRAFFIC CONTROL DEVICES Predetermined Item No. Item Unit Price 2563.610 Flag Person Hour * 2563.610 Police Officer Hour ** 2563.613 Type I Barricade w/Steady Burn Light Unit Day $1.05 2563.613 Type III Barricade Unit Day 2.75 2563.613 Direction Indicator Barricade Unit Day 1.25 2563.613 Reflectorized Plastic Safety Drum Unit Day 0.85 2563.613 Reflectorized Plastic Safety Drum w/Down Arrow Unit Day 0.95 2563.613 Weighted Traffic Channelizer Unit Day 0.40 2563.613 Flasher Type A (Low Intensity) Unit Day 0.50 2563.613 Flasher Type B (High Intensity) Unit Day 1.75 2563.613 Flasher Type C (Steady Burn) Unit Day 0.90 2563.613 1220 x 1220 mm [48 x 48 inch] Standard Sign Unit Day 1.75 2563.613 1220 x 1220 mm [48 x 48 inch] Standard Sign w/Support Unit Day 2.20 2563.613*** Portable Changeable Message Sign Unit Day 225.00 2563.613**** Flashing Arrow Board (one shift) Unit Day 33.00 2563.613**** Flashing Arrow Board (24 hour day) Unit Day 45.00 2563.617***** Standard Signs m2/Day 1.08 2563.617***** Standard Signs SQ.FT./Day 0.10 2563.617***** Standard Signs w/support m2/Day 1.72 2563.617***** Standard Signs w/support SQ.FT./Day 0.16 2563.604 Construction Signs - Special m2 270.00 2563.618 Construction Signs - Special SQ.FT. 25.00 * Shall be paid at the Contract Flagger Classification Total Rate, which is the Basic Rate plus the Fringe Rate. ** Shall be paid at the invoice price plus 10%
S.P. 8825-466 (IDIQ Project) April 23, 2013 17-S *** (PCMS) Type C Trailer Mounted Message Signs will be permitted. It is imperative that the Contractor continually operate each PCMS at maximum legibility. Many factors, such as mechanical problems, insufficient charging, incorrect intensity settings, or other factors can degrade performance. If at any time the Contractor fails to operate a Portable Changeable Message Sign at maximum legibility, as determined by the Engineer, no payment will be made for each day that the Message Sign is deemed inadequate. **** It is imperative that the Contractor continually operate each Flashing Arrow Board at maximum legibility. Many factors, such as mechanical problems, insufficient charging, incorrect intensity settings, or other factors can degrade performance. If at any time the Contractor fails to operate the Flashing Arrow Board at maximum legibility, as determined by the Engineer, no payment will be made for each day that the Flashing Arrow Board is deemed inadequate. ***** Other than 1220 X 1220 mm [48 X 48 inch] Signs, with or without support. NOTE: These predetermined unit prices apply only if not listed as separate bid items. Barricades, drums and signs by the Unit Day shall be paid for up to 90 days per device. After 90 days, payment per Unit Day will continue at a reduced price of 40% of the Unit price. S-15 (1505) COOPERATION BY CONTRACTORS The provisions of MnDOT 1505 are supplemented as follows: S-15.1 The Contractor shall coordinate his/her work including lane closure requests and cooperate with the holders of any and all separate contracts and/or Maintenance projects in the vicinity of this Project, both present and future, and their forces in a manner consistent with the provisions of MnDOT 1505. S-15.2 The Contractor shall coordinate his/her work and cooperate with the holders of separate contracts, both present and future, and their forces in a manner consistent with the provisions of MnDOT 1505. S-16 (1506) SUPERVISION BY CONTRACTOR The provisions of MnDOT 1506 are supplemented as follows: At the Preconstruction Conference the Contractor shall designate in writing who the competent superintendent and competent individual (if different) will be for this Project. These persons can only be changed throughout the duration of the Project by submission of written authorization to the Engineer by the Contractor. The submittal of these persons shall be done before any work is performed on this Project. The Contractor shall furnish names, addresses, and phone numbers of at least three (3) individuals responsible for all aspects of maintenance on the Project. At least one (1) of these individuals shall be âon callâ 24 hours per day, seven days per week. Each designated individual will carry a cell phone with the number supplied to the Project Engineer. The individual âon callâ upon receiving notification of any deficiency shall dispatch people, materials, and equipment to correct the deficiency. The required information shall be submitted to the Engineer at the Pre-construction Conference. The Contractor will be subject to an hourly charge for failure to comply with the requirements of MnDOT 1506. Non-Compliance charges, for each incident, will be assessed at a rate of $100 per hour, for each hour or portion thereof, during which the Engineer determines that the Contractor has not complied. No charge will be made if the deficiency is corrected within one (1) hour of notification. An incident of Non-Compliance will be defined as the receipt of a written work order by the Contractor with instructions to correct a deficiency.
S.P. 8825-466 (IDIQ Project) April 23, 2013 18-S S-17 (1507) UTILITY PROPERTY AND SERVICE Construction operations in the proximity of utility properties shall be performed in accordance with the provisions of MnDOT 1507, except as modified below: S-17.1 The provisions of MnDOT 1507.1 B are hereby deleted and the following substituted therefore: B Gopher State One Call The Contractor shall: (1) Mark the proposed excavation in accordance with the Minnesota State Statute 216D color code before contacting "Gopher State One Call." The Contractor shall mark proposed excavation area with white paint and white flags or in lieu of white flags, white stakes may be used. The Contractor must adhere to all requirements of Gopher State One Call in addition to the following: The white markings must delineate the actual excavation area where the locating of underground facilities is required. All flags and stakes shall display the name, and phone number of the Contractor. All areas of proposed excavation shall be considered âpracticalâ for the use of white markings, pursuant to Minnesota Statutes §216D.05 (2). (2) Call "Gopher State One Call" at least 48 hours (excluding Saturdays, Sundays, and holidays) before starting excavation operations. (3) The Contractor shall acquire a Positive Response confirmation from MnDOT for all proposed excavations when the Gopher State One Call has indicated MnDOT utilities may be affected. The Contractor may call MnDOT Electrical Services Section (ESS) Dispatch Locating to confirm the status of Utility infrastructure owned by MnDOT. MnDOT Electrical Services Section (ESS) Dispatch Locating can be contacted at the following phone numbers; (651) 366 -5750 or (651) 366-5751. The Contractor shall be responsible for all damage to MnDOT owned Utility infrastructure if a Positive Response confirmation has not been acquired from MnDOT. The Contractor is required to comply with the provisions of Minnesota Statutes chapter 216D when performing Excavation as defined in Minnesota Statutes §216D.01 (subdivision 5), and will be responsible for damages to facilities in accordance with Minnesota Statutes §216D.06. S-17.2 If the Contractor is negligent in adhering to MnDOT 1507.1 B, he will be subject to a daily charge assessed at a rate of $500.00 per excavation area per day for each day or any portion thereof with which the Engineer determines that the Contractor has not complied. S-17.3 All utilities that relate to this Project are classified as "Level D," unless the Plans specifically state otherwise. This utility quality level was determined according to the guidelines of CI/ASCE 38-02, entitled "Standard Guidelines for the Collection and depiction of existing subsurface utility data." S-17.4 By bidding on this Contract, the bidder agrees that it shall use the Plan to identify the location of MnDOT drainage facilities as satisfying the requirements of Minnesota Statutes Ch. 216D and Minnesota Rules 7560.0250 with respect to MnDOT's storm water drainage facilities. S-17.5 The following utility owners have existing facilities in the area of construction. These utilities will not be affected by work under this Contract. The utilities listed below are for informational purposes only. MnDOT See http://www.dot.state.mn.us/utility for utility operators contact list.
S.P. 8825-466 (IDIQ Project) April 23, 2013 19-S S-17.6 The Contractor of State Project S.P. 8825-466 shall perform on behalf of the utility owner and for the utility owner the âAdjust Actionâ utility work for those utilities identified to be owned by the Minnesota Department of Transportation. The Contractor of State Project S.P. 8825-466 shall keep the Minnesota Department of Transportation said utilities fully functional and operational at all times. The âAdjust Actionâ utility work shall be considered an incidental expense for which no direct compensation will be made. S-17.7 The State's Contractor shall coordinate his/her work and cooperate with the foregoing utility owners and their forces in a manner consistent with the provisions of MnDOT 1507 and the applicable provisions of MnDOT 1505. S-18 (1513) RESTRICTIONS ON MOVEMENT AND STORAGE OF HEAVY LOADS AND EQUIPMENT The Contractor shall haul Materials and move and store equipment in accordance with the Highway Traffic Regulation Act and applicable provisions of Minnesota Rules when using public Roads or completed Structures, base courses, and pavements within the Project that are open to traffic and becoming a part of the permanent improvement. The Contractor shall comply with legal load restrictions and with special restrictions required by the Contract when hauling or storing Materials and moving or storing equipment on Structures, completed Subgrades, base courses, and pavements within the Project, under construction or completed but not yet open to traffic. The Contractor shall complete and place a cab card in each vehicle used for hauling bituminous mixture, aggregate, batch concrete, and grading material (including borrow and excess) before starting work. This cab card shall identify the truck or tractor and trailer by Minnesota or prorated license number and shall contain the tare, maximum allowable legal gross mass, supporting information, and the signature of the owner. The Contractor shall make the card available to the Engineer upon request. The Contract Unit Prices include Contractor-related costs in providing, verifying, and spot checking the cab card information, including weighing empty and loaded trucks on certified commercial scales. The Contractor shall not operate equipment mounted on crawler tracks or steel-tired wheels on or across concrete or bituminous surfaces unless otherwise approved by the Engineer. The Contract requirements may impose special restrictions on speed, load distribution, surface protection, and other precautions. When construction operations require crossing an existing pavement, Bridges, or completed portions of the Pavement Structure with otherwise prohibited equipment or loads, the Contractor shall use Department-approved methods of load distribution or bridging at no additional cost to the Department. The Contractor will not be relieved of liability for damages resulting from the operation and movement of construction equipment because of the issuance of a special permit, or by adherence to any other restrictions imposed. Unless otherwise required by the Contract or approved by the Engineer, the Contractor shall temporarily store or park construction Materials and equipment on a Bridge deck during Bridge construction in accordance with the limits of this section, established to reflect typical design live loads. The Contractor shall store Materials and equipment limited as follows: (1) No stockpiles weighing greater than 65,000 lb per 1,000 ft² [31,702 kg per 100 m²], (2) No individual stockpiles of Materials (including pallets of products, reinforcing bar bundles, and aggregate piles) weighing greater than 25,000 lb per 100 ft² [12,200 kg per 10 m²], (3) No single vehicle or equipment exceeding 80,000 lb [36,300 kg], and
S.P. 8825-466 (IDIQ Project) April 23, 2013 20-S (4) No combination of more than 200,000 lb [90,700 kg] of vehicles, Materials, and other equipment per span with lengths greater than 40 ft [12.2 m]. If loading exceeds the above defined limits, the Contractor shall submit the proposed loads and structural analysis of the deck and beams certified by a Professional Engineer to the Bridge Engineer for the Bridge Engineerâs review within a minimum of 7 calendar days before placement of loads. S-19 (1514) MAINTENANCE DURING CONSTRUCTION The provisions of MnDOT 1514 are supplemented with the following: In addition to the Contractorâs requirements for sweeping as required under MnDOT 2051 (Maintenance and Restoration of Haul Roads), the Engineer may require additional sweeping of roads adjacent to the construction site to provide safe conditions for the traveling public, environmental reasons, local regulatory requirements or as otherwise directed by the Engineer. Payment for additional sweeping ordered by the Engineer will be made as specified below. (This price represents a shared cost.) Pick Up Broom W/Operator....................................................................................... $55.00 per hour Self Propelled Pavement Broom W/Operator ............................................................ $30.00 per hour S-20 (1517) CLAIMS FOR COMPENSATION ADJUSTMENT The provisions of MnDOT 1517 are hereby supplemented with the following: S-20.1 NOTICE OF CLAIM: At the time the Contractor gives written notice of the claim, the Contractor and the Department shall immediately begin to keep and maintain complete and specific records to the extent possible. The records shall consist of, but are not limited to, cost and schedule records concerning the details of the perceived claim. Unless otherwise agreed to in writing, the Contractor shall continue with and carry on the work and progress during the pendency of any claim, dispute, decision or determination by the Engineer, and any arbitration proceedings. S-20.2 SUBMISSION OF CLAIMS: The Contractor shall submit the claim to the Engineer no later than 60 Calendar Days after receiving written notice from the Engineer that direct damages (money or time due) resulting from the claim has occurred in the opinion of the Engineer. If, in the opinion of the Contractor, the direct damages have not fully occurred, the Contractor shall provide written justification detailing why the direct damages have not fully occurred. This written justification shall be submitted to the Engineer no later than 30 Calendar Days from receiving the notice from the Engineer. If proper justification is not given as required within the 30 Calendar Day requirement or the claim is not submitted to the Engineer within 60 Calendar Days after receiving notice from the Engineer that the direct damages have occurred, the Contractor waives all claims for additional compensation in connection with the work already performed. The contents of the claim shall be in accordance with MnDOT 1517 and shall also include all scheduling documentation related to the claim The Engineer shall have access to the Contractors records involved in the claim and, when so requested, shall furnish the Engineer copies of claim documentation. The Contractor shall promptly furnish any clarification and additional information or data requested in writing by the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 21-S All claims shall be submitted through the Contractor. Submission of claims directly from subcontractors shall constitute a waiver of that portion of the claim. S-20.3 DECISION ON CLAIMS: The Department intends to resolve claims at the lowest possible administrative level. Upon receipt of the claim, the Engineer will make a written decision in relation to any claim presented by the Contractor within the following time frames: (A) For an adjustment in compensation, or other contractual dispute between the parties where the amount in controversy is $75,000.00 or less, 60 Calendar Days from the receipt of the Contractor's claim; (B) For an adjustment in compensation, or other contractual dispute between the parties where the amount in controversy is more than $75,000.00, 90 Calendar Days from the receipt of the Contractor's claim. Unless the Contractor and the Engineer otherwise stipulate in writing to a later time, if the Engineer does not make a decision or determination within these time frames, the claim shall be deemed denied. When the Contract has established a dispute resolution process, that moves the dispute through various levels of both organizations, this process shall also be completed within the above time period. S-20.4 MEDIATION Notwithstanding the formal claims procedures set forth in this Special Provision, the parties may at any time enter into nonbinding mediation by mutual agreement. If the parties agree to mediation, then the time requirements set forth above in Section S-20.3 (A) and (B) are suspended until the mediation is completed. The time and place for mediation, as well as selection of the mediator, shall be established by mutual agreement. The mediatorâs costs shall be divided equally between the Contractor and the Department. This payment shall be accomplished by the Contractor paying in full all costs and fees for the mediator and then submit the bill to the Engineer for 50 percent reimbursement. Either party may terminate mediation at any time. S-20.5 RIGHTS OF ARBITRATION: The decision of the Engineer in relation to the Contractor's claim shall be deemed final unless the Contractor commences a legal action within the time prescribed by law or unless the Contractor invokes arbitration as prescribed hereafter in these Special Provisions. Nothing herein contained shall be so construed as to preclude the Contractor from commencing a legal action in relation to claims for a single issue in excess of $75,000.00 but the Contractor's sole legal remedy in relation to claims of $75,000.00 or less shall be arbitration as prescribed hereafter in these Special Provisions. If the claim amount is in excess of $75,000, the Contractor and MnDOT may mutually agree to arbitration. If the Contractor seeks to arbitrate a claim of $75,000 or less, the Contractor shall submit a written request for arbitration to the Departmentâs Claims Engineer in MnDOTâs Central Office within 30 Calendar Days after the Contractorâs receipt of the Engineer's decision. Failure to reasonably conform with this time requirement waives the right to arbitration. The scope of the arbitration proceeding shall be limited to the claim(s) that the Contractor previously presented to the Engineer for decision S-20.6 ARBITRATION OF CLAIMS AND DISPUTES: (A) For purposes of this section, a claim for adjustment in compensation shall mean an aggregate of operative facts which give rise to the rights which the Contractor seeks to enforce. Stated another way, a claim is the event, transaction, or set of facts that give rise to a claim for compensation. Any Contractor having a claim in excess of $75,000.00 may waive or abandon the dollar amount in excess of $75,000.00 so as to bring the claim within the scope of this section. However, the arbitration award shall not exceed $75,000.00. Various damages claimed by the
S.P. 8825-466 (IDIQ Project) April 23, 2013 22-S Contractor for a single claim may not be divided into separate proceedings to create claims within the $75,000.00 limit. (B) More than one separate claim may be presented at each arbitration hearing if agreed to by the Department, the Contractor, and the Arbitrator. (C) Selection of the Arbitrator/ Optional Use of the American Arbitration Association: a. Selection of the arbitrator shall be conducted by one representative of the Department and one representative of the Contractor. A single person shall represent the prime and all subcontractors involved in the claim. Separate representation for subcontractors during the selection of the arbitrator is not allowed. b. The parties may mutually agree to have the arbitration process administered by the American Arbitration Association (âAAAâ). c. The arbitration shall be administered by a single arbitrator. d. The parties shall select an arbitrator by mutual agreement, or, if the parties have agreed to use the AAA to administer the process, shall select an arbitrator from a list of arbitrators provided by the Association in accordance with the Associationâs procedures. (D) Arbitration Proceedings and Decision a. All arbitration of claims shall be conducted in Minneapolis, Minnesota, or another mutually agreed upon location. b. Regardless of whether the parties have agreed to use AAA to administer the process, the arbitration proceeding shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect and in accordance with the requirements below. The arbitration procedures set-forth in this Special Provision shall take precedence over conflicting American Arbitration Association requirements. c. If mutually agreed to by both parties, the arbitration proceeding shall follow the Fast Track rules of the American Arbitration Association. d. Unless otherwise agreed to by the parties, the arbitration hearing shall be bifurcated into a liability phase and, if needed, a valuation phase. No evidence or testimony regarding the value of the claim shall be presented during the liability phase. e. The Contractor shall first present evidence to support the claim. The Department will then present evidence supporting its defense. Witnesses shall submit to questions or examinations. The arbitrator has the discretion to vary this procedure and shall afford a full and equal opportunity to all parties to be heard. Exhibits, when offered by either party, may be received in evidence by the arbitrator. f. The arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite the proceedings. g. There shall be no ex parte communication between any party and an arbitrator. h. When satisfied that the presentation of the parties is complete, the arbitrator shall declare the liability phase of the arbitration hearing closed. The arbitrator shall then determine whether MnDOT is liable. i. If the Department is found to be liable, the arbitration proceeding shall continue before the same arbitrator to resolve all damages issues. The proceedings for this portion of the arbitration shall follow the procedures outlined in Section S-20.6(D)e of this Special Provision.
S.P. 8825-466 (IDIQ Project) April 23, 2013 23-S j. Within three Calendar Days after the close of the damages portion of the hearing, each party shall submit to the arbitrator their last best offers. The arbitrator shall be limited to awarding only one of the two figures submitted. In no event shall a claim award in arbitration exceed $75,000. k. The decision or award of the arbitrator shall be: i. In writing showing the basis for the decision or award. The arbitrator shall use the Contract and Minnesota law, or, in the absence of Minnesota law on the issue(s), other persuasive authority, as the basis for the decision. ii. Final and binding on both the Department and the Contractor. The award shall have the same finality as is accorded awards under the Uniform Arbitration Act, Minnesota Statutes Chapter 572. (E) Arbitration Costs a. Each party to the arbitration shall bear its own costs and fees assessed by the American Arbitration Association or independent arbitrator which shall be divided equally between the parties to the arbitration. This payment will be accomplished by the Contractor paying in full all costs and fees for the arbitrator and then submit the bill to the Engineer for 50 percent reimbursement. b. Each party shall bear its own preparation costs. S-20.7 PRE-AWARD INTEREST AND PRE-JUDGMENT INTEREST Pre-award interest will commence on the date that a request for arbitration is made, in writing to the Engineer, following the submission of a claim that complies with the requirements of MnDOT 1517. Pre- judgment interest will commence on the date that an action is commenced following the submission of a claim that complies with the requirements of MnDOT 1517. Pursuant to Minnesota Statutes §549.09 this Contract expressly provides dates for the commencement of interest that may vary from the dates provided in statute. S-21 (1602) NATURAL MATERIAL SOURCES The provisions of MnDOT 1602 are supplemented with the following: S-21.1 The expansion of any existing natural material sources, or the creation of new Natural Material Sources, will be subject to the requirements of the Farmland Protection Act of 1981 (FPPA or the ACT). Coordination to comply with FPPA shall be the responsibility of the Contractor. Contact the Natural Resources Conservation Service (NRCS) office for the county in which the source is located for further information. S-22 (1606) STORAGE OF MATERIALS The provisions of MnDOT 1606 are hereby supplemented with the following: S-22.1 The Contractor is hereby advised that the only materials that will be allowed to be stockpiled within Project Limits are materials which will be incorporated into the Project and then only in the quantity needed. Materials cannot be stockpiled which are for use on other projects. This specification applies to manufactured and natural materials (including material stockpiled for crushing). S-22.2 If the Contractor elects to crush excavated materials within the Project Limits, the quantity of crushed material will be limited to only the quantity required for this Project. The Contractor will not be allowed to crush materials other than those found within the Project Limits, unless approved in writing by the Engineer. The Contractor will not be allowed to remove crushed material from the Project Limits, unless approved in writing by the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 24-S S-23 (1701) LAWS TO BE OBSERVED (DATA PRACTICES) The provisions of MnDOT 1701 are supplemented with the following: S-23.1 Bidders are advised that all data created, collected, received, maintained, or disseminated by the Contractor and any subcontractors in performing the work contained in this Contract are subject to the requirements of MN Statute Chapter 13, the Minnesota Government Data Practices Act (MGDPA). The Contractor shall comply with the requirements of the MGDPA in the same manner as the Department. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the Department, except as required by the terms of the Contract. S-24 (1701) LAWS TO BE OBSERVED (WET LANDS) The provisions of MnDOT 1701 are modified and/or supplemented with the following : S-24.1 If the Contractor operations involve the excavation and/or disposal of material off MnDOT Right of Way, the Contractor is advised of the following: MN Statutes Sections 103G.2212 and 103G.241 stipulate that an agent or employee of another may not: 1) drain, excavate, or fill a wetland, wholly or partially; or 2) construct, reconstruct, remove, or make any change in any reservoir, dam, or the course, current, or cross-section of any public water; unless the agent or employee has obtained a signed statement from the property owner stating that any permit or wetland replacement plan required for the work has been obtained, or that a permit or replacement plan is not required; AND this statement is mailed to the appropriate office with jurisdiction over the wetland or public water prior to initiating the work. The "Landowner Statement and Contractor Responsibility For Work in Wetlands or Public Waters" can be found at: http://www.bwsr.state.mn.us/wetlands/forms/Contractor_Responsibility.doc . The Contractor shall provide the Engineer with a copy of the completed "Landowner Statement and Contractor Responsibility for Work in Wetlands or Public Waters" for the excavation and/or disposal site prior to initiating the work. S-25 (1701) LAWS TO BE OBSERVED (CULTURAL RESOURCES â STATE FUNDED) The provisions of MnDOT 1701 are modified and/or supplemented with the following: S-25.1 It will be MnDOTâs responsibility to obtain a Cultural Resources Unit (CRU) determination of effect letter for MnDOT owned or leased Natural Material Resources if listed in the Construction Plan. It will also be MnDOTâs responsibility to obtain a CRU determination for all Right of Way needed for this Project. S-25.2 If the Contractor operations require the excavation and disposal of material off MnDOT Right of Way, the Contractor is advised of the following: MnDOT CRU will review the proposed excavation/disposal area to determine the effect to historic properties. The MnDOT CRU will obtain Minnesota Historical Society (MHS) comment under the Minnesota Historic Sites Act only when there is a potential to affect historic properties listed in the State or National Registers of Historic Places or to consult with MHS and the Office of the State Archaeologist (OSA) under the Field Archaeology Act of Minnesota when the project has the potential to affect known or suspected archaeological sites or the Minnesota Private Cemeteries Act when human burials are an issue. The Contractor must request a review from the CRU, at Contractorâs expense, before any material taken from the area can be used on State Projects or any disposal can be made in the area. Typically, this review may take 15
S.P. 8825-466 (IDIQ Project) April 23, 2013 25-S calendar days after receipt of the request. However, in some cases the review period may be longer. Any time delays are the responsibility of the Contractor and are not a basis for claim for damages due to delay of Contract. (A) Required reviews may be obtained by contacting MnDOTâs CRU at: Culturalresources.dot@state.mn.us Cultural Resources Unit Office of Environmental Stewardship Minnesota Department of Transportation 395John Ireland Blvd. Mail Stop 620 St. Paul, Minnesota 55155 And a request must be filled out with the following form: http://www.dot.state.mn.us/culturalresources/process/PitForm.doc (B) The Contractor shall give the Project Engineer a copy of the MnDOT CRU determination of effect letter. If this letter states that there is no potential to affect properties listed in the State or National Registers of Historic Places or to affect known or suspected archaeological sites, no further action is required by the Contractor. HOWEVER (C) When the MnDOT CRU requires a Cultural Resources Field Survey, The Contractor shall secure professional services to a conduct a survey and prepare a report for the MnDOT CRU. 1. A list of qualified acceptable Archaeologists and/or Historians will be furnished to the Contractor by the MnDOT CRU, upon request. 2. When a cultural resources field survey is required, Contract time will be adjusted in accordance with MnDOT 1806 for any suspension of work required to comply with these requirements. No monetary claims due to delays or loss of time for off-site construction activity will be allowed. 3. The cost of the cultural resources field survey and report are the Contractorâs responsibility. The Contractor will NOT be given permission to use the proposed material resources site, disposal site, or embankment/excavation site until such time as the MnDOT CRU grants its permission. S-26 (1706) EMPLOYEE HEALTH AND WELFARE The provisions of MnDOT 1706 are supplemented with the following: S-26.1 All construction operations shall be conducted in compliance with applicable laws, regulations and industry standards as described in MnDOT 1706. The Contractor shall be considered to be fully responsible for the development, implementation and enforcement of all safety requirements on the Project, notwithstanding any actions MnDOT may take to help ensure compliance with those requirements. S-26.2 The Contractor shall submit a written safety program to the Engineer at the pre-construction conference addressing safety issues for all Project activities. This program shall contain name(s) of person(s) responsible for all safety requirements and this Contractorâs Designee(s) shall be available at all times that work is being performed. The Contractorâs designee(s) shall be responsible for correcting violations on the Project as observed by the Engineer or his/her representative.
S.P. 8825-466 (IDIQ Project) April 23, 2013 26-S S-26.3 The Contractor shall not use any motor vehicle equipment on this Project having an obstructed view to the rear unless: (A) The vehicle has a reverse signal alarm which is audible above the surrounding noise level; or (B) The vehicle is backed up only when an observer signals that it is safe to do so. S-26.4 A $500.00 monetary deduction (per incident) will be assessed by MnDOT for violations of safety standards and requirements that have the potential for loss of life and/or limb of Project personnel or the public. The areas of special concern include, but are not limited to excavation stability protection, fall protection, protection from overhead hazards, vehicle backup protection (see S-26.3 above), confined space safety, blasting operations, and personal safety devices. S-26.5 None of the monetary deductions listed above shall be considered by the Contractor as allowance of noncompliance incidents of these safety requirements on this Project. S-27 (1710) TRAFFIC CONTROL DEVICES All traffic control devices and methods shall conform to the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD), Minnesota Standard Signs Manual, the Traffic Engineering Manual, and the following: In accordance with the MN MUTCD all sign supports shall be crashworthy. Signs installed on barricades, barricade sign combinations, and all other portable supports shall be crashworthy. This includes all new and used Category I and Category II devices. The Contractor shall provide the Project Engineer a Letter of Compliance stating that all of the Contractors Category I and II Devices are NCHRP 350 approved as of July 1, 2006. The Letter of Compliance must also include approved drawings of the different signs and devices and shall be provided to the Project Engineer at the Pre-construction meeting. S-28 (1712) PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Bidders are advised that they may review any environmental documents and permits concerning this Project prior to bidding. The Department's contact persons in the District are as follows: Environmental Documents: Brigid Gombold 1500 Co Rd B, Roseville MN 55113 651-234-7674 Permits: Bryce Fossand 1500 Co Rd B, Roseville MN 55113 651-234-7529 S-29 (1714) RESPONSIBILITY FOR DAMAGE CLAIMS; INSURANCE The provisions of MnDOT 1714 are hereby deleted and replaced with the following: The Contractor shall indemnify, defend, and save harmless the Department, its officers, and its employees from all suits, actions, and claims of any character brought because of injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor; or
S.P. 8825-466 (IDIQ Project) April 23, 2013 27-S on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims arising or amounts recovered from infringements of patent, trademark, or copyright; or because of any claims arising or amounts recovered under the Workers' Compensation Act, or under any other law, ordinance, order, or decree. The Department may retain for its use money that is due the Contractor under this or any other contract with the Department, as the Department deems necessary to protect its interests with respect to any suits, actions, or claims arising on account of the Contractor's operations or in consequence of any act, neglect, omission, or misconduct of the Contractor; or, in case no money is due, the Contractor's Sureties may be held liable until those suits, actions, or claims have been settled and suitable evidence to that effect has been furnished to the Department. The Contractor shall identify a contact person for damage complaints from the public, and shall maintain a log of such complaints and any action taken by the Contractor. This log shall be available to the Engineer at his request. A Workersâ Compensation Insurance Contractor shall provide workersâ compensation insurance for all employees and shall require any subcontractors to provide workersâ compensation insurance in accordance with the statutory requirements of the State of MN and must include: a. Part 2, Employersâ Liability including Stop Gap Liability for monopolistic states. Minimum limits: $100,000 â Bodily Injury by disease per employee $500,000 â Bodily Injury by disease aggregate $100,000 â Bodily Injury by accident b. Coverage C: All States Coverage c. If applicable, USL&H, Maritime, Voluntary and Foreign Coverage d. Waiver of subrogation in favor of the Department If Contractor is self-insured for its obligation under the Workersâ Compensation Statutes in the jurisdiction where the project is located, a Certification of the Authority to Self-Insure such obligations shall be provided. The Contractor must require Subcontractors to file evidence of insurance with the Contractor B Commercial General Liability Insurance The Contractor shall maintain insurance to cover liability from operations under the Contract, whether such operations are by the Contractor, subcontractor or by anyone directly or indirectly employed under the Contract. Minimum Limits of Liability $2,000,000 â Per Occurrence $2,000,000 â Annual Aggregate $2,000,000 - Annual Aggregate applying to Products and Completed Operations $50,000 â Fire Damage $5,000 â Medical Expense (any one person per occurrence) Coverages â Premises and Operations Bodily Injury and Property Damage â Personal and Advertising Injury â Products and Completed Operations Liability â Contractual Liability as provided in ISO form CG 00 01 12 04 or its equivalent â Pollution exclusion with standard exception as per ISO Commercial General Liability Coverage Form â CG 00 01 12 04 or equivalent
S.P. 8825-466 (IDIQ Project) April 23, 2013 28-S â Explosion, Collapse and Underground (XCU) perils â Broad Form PD â Independent Contractors â Let or Sublet work â Waiver of subrogation in favor of the Department â Department named as an Additional Insured, by endorsement, ISO Forms CG 2010 and CG 20 37 or their equivalent for claims arising out of the Contractorâs negligence or the negligence of those for whom the Contractor is responsible. C Automobile Liability Insurance Contractor shall maintain insurance to cover liability arising out of the operations, use, or maintenance of all owned, non-owned, and hired automobiles. Coverages â Owned Automobiles â Non-owned Automobiles â Hired Automobiles â Waiver of subrogation in favor of the Department Minimum Limit of Liability $2,000,000 â Per Occurrence Combined Single Limit for Bodily Injury and Property Damage Umbrella or Excess Liability Insurance An Umbrella or Excess Liability insurance policy may be used to supplement the Contractorâs policy limits to satisfy the full policy limits required by the Contract. D Additional Conditions Contractorsâ policy(ies) shall be primary and non-contributory insurance to any other valid and collectible insurance available to the Department with respect to any claim arising out of the Contract. Evidence of subcontractor insurance shall be filed with the Contractor. The Contractor is responsible for payment of Contract related insurance premiums and deductibles. Insurance companies must have an AM Best rating of A- (minus) and a Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota. Certificates of Insurance acceptable to the Department shall be submitted prior to commencement of work under the Contract. Such Certificates and the required insurance policies shall contain a provision that coverage afforded under these policies shall not be cancelled without at least thirty (30) days advance written notice to the Department. E Notice to the Contractor The failure of the Department to obtain Certificate(s) of Insurance for the policies or renewals thereof or failure of the insurance company to notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the Department to the Contractor to provide such insurance. The Department reserves the right to terminate the Contract in accordance with 1808 if the Contractor is not in compliance with the insurance requirements and the Department retains all rights to pursue any legal remedies against the Contractor. In the event of a claims dispute, all insurance policies must be open to inspection by the Department, and copies of policies must be submitted to the Department upon written request of the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 29-S S-30 (1717) AIR, LAND AND WATER POLLUTION The provisions of MnDOT 1717 are supplemented and/or modified with the following: S-30.1 DISCOVERY OF CONTAMINATED MATERIALS AND REGULATED WASTES If during the course of the Project, the Contractor unexpectedly encounters any of the following conditions indicating the possible presence of contaminated soil, contaminated water, or regulated waste, the Contractor shall immediately stop work in the vicinity, notify the Engineer, and request suspension of work in the vicinity of the discovery area, in accordance with MnDOT 1803.4. A documented inspection and evaluation will be conducted prior to the resumption of work. The Contractor shall not resume work in the suspected area without authorization by the Engineer. (A) Indicators of contaminated soil, ground water or surface water include, but are not limited to the following: (1) Odor including gasoline, diesel, creosote (odor of railroad ties), mothballs, or other chemical odor. (2) Soil stained green or black (but not because of organic content), or with a dark, oily appearance, or any unusual soil color or texture. (3) A rainbow color (sheen) on surface water or soil. (B) Indicators of regulated wastes include, but are not limited to the following: (1) Cans, bottles, glass, scrap metal, wood (indicators of solid waste and a possible dump) (2) Concrete and asphalt rubble (indicators of demolition waste). (3) Roofing materials, shingles, siding, vermiculite, floor tiles, transite or any fibrous material (indicators of demolition waste that could contain asbestos, lead or other chemicals). (4) Culverts or other pipes with tar-like coating, insulation or transite (indicators of asbestos). (5) Ash (ash from burning of regulated materials may contain lead, asbestos or other chemicals). (6) Sandblast residue (could contain lead). (7) Treated wood including, but not limited to products referred to as green treat, brown treat and creosote (treated wood disposal is regulated). (8) Chemical containers such as storage tanks, drums, filters and other containers (possible sources of chemical contaminants). (9) Old basements with intact floor tiles or insulation (could contain asbestos), sumps (could contain chemical waste), waste traps (could contain oily wastes) and cesspools (could contain chemical or oily wastes). S-30.2 MnDOT 1717.2 A2 is hereby deleted and replaced with the following: A2 During Construction The Contractor shall implement the Project's Storm Water Pollution Prevention Plan. The Contractor shall schedule and install temporary and permanent sediment and erosion control measures, construct ponds and drainage facilities, finish earth work operations, place topsoil, establish turf, and conduct other Contract work in a timely manner to minimize erosion and sedimentation. All exposed soil areas with continuous positive slopes that are within 60 m (200 feet) of a public water shall have temporary or permanent erosion protection within 24 hours after the construction activity in that portion of the site has temporarily or permanently ceased and connection is established to the public water. All other positive slopes to constructed surface waters, such as permanent storm water treatment ponds, curb and gutter systems, storm sewer inlets, temporary or permanent drainage ditches, or other storm water conveyance systems, shall have temporary erosion protection or permanent cover for the exposed soil areas as soon as practicable but no later than 14 days after construction activity has
S.P. 8825-466 (IDIQ Project) April 23, 2013 30-S temporarily or permanently ceased in that area. For those drainage areas that have a discharge point within 1 mile and flows to an impaired or Special Waters shall have temporary erosion protection or permanent cover for the exposed soil areas as soon as practicable but no later than 7 days after construction activity has temporarily or permanently ceased in that area. Impaired and Special Waters are defined as those listed and referenced in the NPDES Permit. Positive slopes adjacent to public waters and wetlands will be stabilized at the close of each day when weather forecasts for rain that evening, and/or overnight including weekends. Once work is completed it will be stabilized permanently as soon as practical but no later than seven days. Exposed soil areas do not include; stockpiles or surcharge areas of sand, gravel, aggregate, concrete, bituminous, or road bed and surfacing material. A perimeter sediment barrier may be necessary to minimize loss when these are within the 60 m (200 feet) of existing surface waters or the property edge. The bottom of temporary or permanent drainage ditches or swales constructed to drain water from a construction site must be stabilized with erosion control measures for the last 60 m (200 feet), or more when conditions warrant, from the property edge or from the point of discharge to any existing surface water. Stabilization shall be completed within 24 hours after the construction activity in that portion of the ditch has temporarily or permanently ceased. Ditch stabilization will continue concurrently with construction activities but no later than 14 days after construction activities have permanently or temporarily ceased. Any, culvert pipe or storm sewer pipe that is within the cumulative distance is not part of this distance. Ditch checks may be provided where necessary to slow water flow and capture sediment. Temporary or permanent ditches used as treatment systems will not need to be stabilized but must provide the proper Best Management Practices for the treatment system. Pipe outlets shall be provided with temporary or permanent energy dissipation within 24 hours of connecting the pipe to any constructed or existing surface waters. The Contractor shall limit the surface area of erodible soil that can be exposed to possible erosion at any one time when the permanent erosion control features are not completed and operative. All liquid and solid wastes generated by concrete washout operations must be contained and not have the opportunity to come in contact with the surface waters or ground water. This includes the ditches, slopes to ditches, curb and gutter/stormsewer systems, and ponds. Areas where there are sandy soils, karsts, and high ground water the washout facility must have an impermeable liner. Liquid and solid wastes must be disposed of properly. A concrete washout sign must be installed adjacent to each washout facility to notify personnel. S-30.3 MnDOT 1717.2E is hereby deleted and replaced with the following: E Site Plans The Engineer may require the Contractor to submit a site plan, in writing, detailing proposed erosion control and sediment control measures and a schedule indicating starting and completion times for construction operations working in water bodies and/or in direct proximity to waters of the state. Contractor shall not start work in the affected areas until the schedule and site plan have been accepted by the Engineer and all materials and equipment for the activity are on site.
S.P. 8825-466 (IDIQ Project) April 23, 2013 31-S S-31 (1802) TRAINING FOR CONSTRUCTION TRUCK OPERATORS Operators of construction trucks hauling construction materials such as borrow, aggregate base, asphalt mixtures and concrete paving mixtures are encouraged to become certified as a Level I Construction Truck Operators (CTO). This one-day session taught in various MnDOT Districts features classroom and hands-on educational experiences. The objective of the CTO Training is to make the driver aware of the Federal and State requirements and regulations regarding the construction truck and driver, and the safe driving techniques that will result in the safe operation of the construction truck. Presenters include Minnesota State Patrol, Minnesota Department of Transportation and the Minnesota Safety Center. This training is co-sponsored by the Minnesota State Patrol, the Minnesota Highway Safety Center, the Minnesota Trucking Association, the Minnesota Asphalt Pavement Association and the Minnesota Department of Transportation. Additional information about this certification program can be obtained by contacting any of the following: PHONE # FAX # Minnesota Asphalt Pavement Association: E-mail: info@mnapa.org 651-636-4666 651-636-4790 Minnesota Department of Transportation: E-mail: motorcarrier@state.mn.us Website: http://www.dot.state.mn.us/cvo/index.html Toll Free: 1-888-472-3389 651-405-6060 651-405-6082 Minnesota Highway Safety Center: E-mail: tjsakry@stcloudstate.edu Website: http://mnsafetycenter.org Toll Free: 1-888-234-1294 320-255-4732 320-255-3942 Minnesota State Patrol: Website: http://www.dps.state.mn.us/patrol/comveh/index.htm Toll Free: 1-888-472-3389 651-405-6171 651-405-6082 Minnesota Trucking Association: E-mail: john@mntruck.org Website: http://www.mntruck.org 651-646-7351 651-641-8995 S-32 (1803) PROSECUTION OF WORK The provisions of MnDOT 1803 are supplemented and/or modified with the following: S-32.1 Because of the impact of this Project on the driving public, every effort must be made by the Contractor to minimize the disruption to traffic. Since the publicâs perception of the Project efficiency is based on the amount of work activity observed in a given area, the Contractor shall schedule his/her work in a manner that will provide a maximum of work effort in as short a work area as practical. Lane closures will not be placed or extended into areas where work will not be actively pursued. S-32.2 No temporary lane restrictions will be permitted between 12:00 P.M. noon on the day preceding and 9:00 A.M. on the day following any consecutive combination of a Saturday, Sunday and legal holiday (all lanes open to traffic, no lane closures).
S.P. 8825-466 (IDIQ Project) April 23, 2013 32-S S-32.3 All the S.P. 8825-466 Contract work within the limits of each Task Order of the Project shall be pursued continuously and completed within one continuous working day time period without any breaks in the sequence of working days. S-32.4 The provisions of MnDOT 1803 are modified to the extent that the initial âProgress Scheduleâ, and all subsequent updated progress schedules, shall be in the form of a critical path diagram. This critical path diagram progress schedule shall be sufficiently detailed to accurately reflect the complexity of this Project to the satisfaction of the Engineer. Monthly updates will be required showing progress to date and necessary schedule adjustments to comply with intermediate and final completion dates. Monthly updates will also show the original accepted schedule in grey scale above the progress to date bar for each task so changes to the original schedule can be tracked. S-33 (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME The Contract Time will be determined in accordance with the provisions of MnDOT l806 and the following: S-33.1 Construction operations shall be started on July 15, 2013 or within eight (8) Calendar Days after the date of Notice of Contract Approval or as indicated in the first Task Order, whichever is later. The anticipated date of the first Task Order is July 15, 2013. Construction operations shall not commence prior to Contract Approval. In addition, no Task Order construction operations shall commence prior to the Task Order being approved and authorized. S-33.2 This Contract shall be effective until September 30, 2015 and based on the Departmentâs evaluation of the Contractorâs performance and available funding. No Task Orders will be issued after July 15, 2015. S-33.3 Working days will be assigned on Task Orders based on the following table. Work included on a Task Order, but not listed below will not be afforded time individually, but have been accounted for in the items listed below. The Engineer will negotiate time for any negotiated extra work, on the critical path, on each task order. Item Number Description Time 2104.503 Remove Wood Noise Wall (occurring concurrently with Item 2422.618) 750 Sq Ft/Working Day 2422.618 Wood Noise Barrier 750 Sq Ft/Working Day Working Day charges for 2422.618 Wood Noise Barrier will begin the start date of the Task Order. S-33.4 No work which will restrict or interfere with traffic shall be performed between 12:00 noon on the day preceding and 9:00 A.M. on the day following any consecutive combination of a Saturday, Sunday, and legal holiday without written permission from the Engineer. (A) If the Contractor chooses not to work at all on the day preceding the holiday period, no working day charges will be assessed. (B) If the Contractor chooses to work prior to 12:00 noon on the day preceding the holiday period or if the Contractor obtains written permission to work after 12:00 noon on the day preceding the holiday period, working day charges will be assessed only for the actual hours worked. S-33.5 The provisions of MnDOT 1806.1C(3)( c ) are modified to the extent that the term "( c ) during the inclusive period from November 15 to April 15" is deleted. A similar phrase set forth in the second paragraph of MnDOT 1807.2 is also deleted.
S.P. 8825-466 (IDIQ Project) April 23, 2013 33-S S-34 (1807) FAILURE TO COMPLETE THE WORK ON TIME The provisions of MnDOT 1807 are supplemented as follows: S-34.1 The Department will deduct from any monies due or coming due to the Contractor an amount equal to $2,000.00 per Calendar Day for failure to complete all the work specified in an executed Task Order that remains uncompleted after the expiration of Contract Time identified for that Task Order. S-34.2 The following phrase from MnDOT 1807.2 (Waiver of Liquidated Damages) is hereby deleted. ââ¦.nor will damages accrue during the period from November 15 to April 15, inclusive.â S-34.3 The Department may reduce the daily liquidated damages to $500.00 per Calendar Day, upon written request from the Contractor and with the approval of the Engineer, when the only remaining items are maintenance work or final cleanup. S-34.4 For informational purposes only, bidders are advised that in addition to the requirements of MnDOT 1807, other Sections of these Special Provisions, as shown below, contain requirements for assessment of monetary deductions to this Contract: 1404 MAINTENANCE OF TRAFFIC AND (2012) TRAFFIC CONTROL 1506 SUPERVISION BY CONTRACTOR 1507 UTILITY PROPERTY AND SERVICE 1706 EMPLOYEE HEALTH AND WELFARE S-34.5 The liquidated damages set forth in MnDOT 1807 and any monetary deductions as set forth above may apply equally, separately, and may be assessed concurrently. S-35 (1903) COMPENSATION FOR INCREASED OR DECREASED QUANTITIES MnDOT 1903 is deleted and replaced with the following: The Department will pay the Contractor for the actual quantities of Material used as specified in the Task Order and accepted by the Engineer. If the accepted quantities of Work vary from the quantities in the Contract, the Contractor shall accept, as payment in full, payment based on the Bid Item Unit Prices. Except as specified in MnDOT 1402.2, âSignificant Changes in the Character of Work,â and MnDOT 1402.2, âDiffering Site Conditions,â the Department will not consider increased expenses, loss of expected reimbursement, or loss of anticipated profits or overhead suffered or claimed by the Contractor. Nor will the Department consider loss of expected reimbursements from unbalanced allocation of overhead among the Pay Items or from any other cause. S-36 (1904) EXTRA AND FORCE ACCOUNT WORK The provisions of MnDOT 1904 are supplemented and/or modified with the following: S-36.1 The Contractor is required to submit force account work itemized statements of costs in accordance with MnDOT 1904 to the Engineer on MnDOT form TP-21659 (Summary of Daily Force Account). Copies of this form can be obtained from the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 34-S S-36.2 The following sentence shall be added to the second paragraph of MnDOT 1904: "Under no circumstance will the negotiated unit price for Extra Work which is performed by a subcontractor include a Prime Contractor allowance which exceeds that provided for in 1904(4), Paragraph 3." S-37 (1910) FUEL ESCALATION CLAUSE The provisions of MnDOT 1910 are hereby deleted. S-37.1 COST ESCALATION To compensate for the potential of this Contract to extend over several construction seasons the Department will adjust the Unit Prices of all items on the Bid Schedule by 2% once per year on the anniversary date of the letting of this Contract. Items not listed on the Bid Schedule will not be adjusted. Cost Escalation will apply to task orders with regard to actual date work performed. S-38 (2021) MOBILIZATION The provisions of MnDOT 2021 are hereby deleted and replaced with the following: 2021.1 DESCRIPTION Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project site; for the establishment of all Contractor's offices and buildings or other facilities necessary for work on the Project. Mobilization may include bonding, permit, and demobilization costs. When the proposal does not have a lump sum item for Mobilization, all costs incurred by the Contractor for Mobilization shall be incidental to other work. 2021.2 BLANK 2021.3 BLANK 2021.4 BLANK 2021.5 BASIS OF PAYMENT Mobilization at the Lump Sum amount for all Task Orders will be eliminated. Rather, the Contractor shall incorporate any special up-front required costs into one of the regular pay items identified in the Task Order Item List located in these Special Provisions. Those costs are to cover any and all items identified in the description section above. S-39 (2104) REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES Abandoned structures and other obstructions shall be removed from the Right of Way and disposed of in accordance with the provisions of MnDOT 2104, except as modified below: S-39.1 Measurement and payment for the removal and disposal of materials will be made only for those Items of removal work specifically included for payment as such in the Proposal and as listed in the Plans. The removal of any unforeseen obstruction requiring in the opinion of the Engineer equipment or handling substantially different from that employed in excavation operations, will be paid for as Extra Work as provided in MnDOT 1403. S-39.2 All removals shall be disposed of by the Contractor outside the Right of Way in accordance with MnDOT 2104.3C3 to the satisfaction of the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 35-S S-40 (2104) REMOVE AND HAUL TREATED WOOD If the Contractor is required to dispose of treated wood, the provisions of MnDOT 2104 are supplemented with the following: S-40.1 The Contractor can elect to reuse the treated wood for its original intended purpose. The Contractor shall furnish a completed Transfer of Ownership form to the Engineer prior to removing any treated wood from the Project limits. The Transfer of Ownership form is available at the following website: http://www.dot.state.mn.us/environment/buildingbridge/disposal.html. S-40.2 If the Contractor cannot or elects not to re-use the treated wood for its original intended purpose, but must be disposed, the following shall apply: (A) The Contractor shall dispose of all waste treated wood in a MPCA permitted Minnesota solid waste or industrial landfill. The Contractor shall not dispose of waste treated wood in a demolition landfill. Within 30 days after the treated wood is transported to the landfill, the Contractor shall provide the Engineer with shipping manifests, scale tickets and invoices. Shipping manifests shall include, but are not limited to, the following information: specify treated wood as the type of waste, quantity of wood, date of hauling and disposal, and location of disposal. (B) The Contractor has the option to chip creosote treated wood on site instead of hauling it to a landfill. After the wood is chipped on site, the Contractor shall transport the chipped wood off site to a MPCA permitted incinerator that is permitted to burn creosote treated wood. Call 651.366.3630 for list of incinerators permitted to burn creosoted treated wood. This applies to creosote treated wood only. S-40.3 Measurement and payment for the removal and disposal of treated wood will be made only when specifically included for payment as such in the Proposal and as listed in the Plans. All other removal and disposal of treated wood operations shall be incidental work and no direct compensation will be made therefore. S-41 (2104) REMOVE PLYWOOD AND WOOD PLANKING This work shall be performed in accordance with the provisions of MnDOT 2104 and the following for all Project Task Orders: S-41.1 All noise wall posts and the bottom board are to remain in place. All in place plywood and planking are to be removed from the noise wall. S-41.2 All removals shall be disposed of by the Contractor outside the Right of Way in accordance with MnDOT 2104.3c3 to the satisfaction of the Engineer. S-41.3 Measurement will be made by the total square foot of noise wall as specified. Payment will be made under Item 2104.503 (Remove Noise Wall) at the Contract bid price per square foot, which shall be compensation in full for all costs relative thereto. S-42 (2130) APPLICATION OF WATER The provisions of MnDOT 2130 are modified as follows: S-42.1 The third paragraph of MnDOT 2130.5 is hereby deleted and the following substituted therefore: Water applied by order or approval of the Engineer for dust control will be paid for at a unit price of $5.45 per cubic meter ($20 per 1000 gallons) in the absence of the Contract bid Item 2130.501.
S.P. 8825-466 (IDIQ Project) April 23, 2013 36-S S-43 (2422) WOOD NOISE BARRIER This work shall consist of furnishing all materials for and constructing wood noise barrier walls, in accordance with the Plan details, the applicable MnDOT Standard Specifications, and the following: S-43.1 GENERAL All thickness and width dimensions of solid sawn wood for timber facing material indicated in the Plans for wood wall construction shall be construed to be nominal dimensions unless otherwise indicated in the Plans or these Special Provisions. S-43.2 MATERIALS (A) MnDOT 3426 (Structural Timber) and 3457 (Lumber); Planking and Battens 1) Except as otherwise permitted elsewhere herein, dimensional timber for planks and battens shall be any species of southern pine conforming to the requirements of MnDOT 3426 and/or 3457, free of natural and manufacturing defects that would impair the strength or prevent use of the piece in its full size for purposes of strength and utility intended, such as checks, decay, loose knots, holes, edge wane and warp. 2) Intermixing of wood species will not be permitted within any continuous section of wall. 3) Planks, which are constructed above ground shall be No. 1 Structural Grade and Better, dressed on two sides (S2S) or better, tongue and grooved worked. Planks, which are constructed partially above ground, such as those placed opposite the earth fill side of barriers, also shall meet these requirements. Planks, which are constructed below ground, such as those placed on the earth fill side (supporting) of barriers, and nailers shall be No. 2 Structural Grade and Better standard rough sawn. Battens and cap boards shall be No. 1 Structural Grade and Better, dressed on one side and two edges (S1S2E) or better. 4) Except as otherwise permitted elsewhere herein, all timber shall be treated with a Disodium Octaborate Tetrahydrate (DOT) and an exterior polymer based system that complies with ESR-1081(ICC Evaluation Service Report) as described hereinafter in this specification. 5) Moisture content shall meet the requirements of S-43.9 (MOISTURE CONTENT) of these Special Provisions. (B) Structural Steel Tubing Structural steel shall conform to the requirements of MnDOT 3306. Threaded rods, bolts, nuts and washers shall be galvanized in accordance with MnDOT 3392 or be electroplated in accordance with ASTM B 633, Type III, SC 4. (C) Hardware All hardware for noise wall shall meet the following requirements: 1) All battens shall be secured to planks using a No. 8, or larger, screw that is coated with a protective layer that provides full coverage and prohibits any corrosion after an exposure of 1,000 hours to ASTM B 117, âOperating Salt Spray (Fog) Apparatusâ and install with a drive system that does not strip or cause damage to the head of the screw and will penetrate completely through the batten board and through ¾ of the thickness of the facing board in all applications. Stainless steel screws that meet the dimensional and drive system requirements are allowed without the performance of ASTM B 117.
S.P. 8825-466 (IDIQ Project) April 23, 2013 37-S 2) The requirements as shown on Noise Wall Detail Sheets in the Plans shall be used as a reference except for the fastener pattern as detailed in S-43.2D3 and S-43.2D4 (MATERIALS; Hardware) below. All planking shall be secured to 3â X 10â plank nailer using a No. 8 or No 10 exterior grade stainless steel bugle head screw and install with a drive system that does not strip or cause damage to the head of the screw and will penetrate completely through the plank board to the depth specified in Figure A or Figure B below. 3) The fastener pattern used for nailing planks to nailer components shall at a minimum meet the following requirements: a. Four (4) nails per board connection, as shown in Figure A for 3 inch long nails; or b. Three (3) nails per board connection, as shown in Figure B for 3 ½ inch long nails. The fasteners shall be placed a minimum of 1 inch and a maximum of 2 inches from the edges of the nailing plank.
S.P. 8825-466 (IDIQ Project) April 23, 2013 38-S 4) The fastener pattern used for screwing battens, cap boards and other architectural features to planks shall utilize the following method: a. Two fasteners shall be applied through the batten or other feature into each plank in a staggered pattern as shown on the Noise Wall Detail Sheet, Front Elevation View. The fasteners shall be placed a minimum of 1â (one inch) and a maximum of 2â (two inches) from the edges of the batten board.
S.P. 8825-466 (IDIQ Project) April 23, 2013 39-S 5) When power tools and building equipment are used to drive ring shank nails into the planking, a minimum gauge diameter of 0.131 inch hot-dipped galvanized full-head round ring shank nails shall be used. The number of nails required in each pattern shall be increased by an extra 50% (fifty percent) if using 3 ½ inch long full head nails to an increase of 100% (one hundred percent) if using 3â long full head nails. Clipped head nails shall not be allowed. 6) All hardware for wood noise barrier walls shall meet the requirements of MnDOT 3391 (Fasteners) and MnDOT 3392 (Galvanized Hardware) unless explicitly allowed by these Special Provisions. (D) Stain and Paint Exposed concrete and wood surfaces shall be stained and finished on all exposed surfaces in accordance with the requirements described hereinafter in this specification. Steel surfaces shall be painted and finished on all exposed surfaces in accordance with the requirements described hereinafter in this specification. (E) Caulk Caulk shall be a neutral-cure, one-component, high performance, medium modulus silicone joint sealant conforming to ASTM C920-86, Type S, Grade NS designed for general purpose caulking and glazing applications. Provide in a clear color. Apply after staining. S-43.3 DEFINITIONS (A) BORATE Treated Wood â Non-arsenic, non-heavy metal, and non-chromium pressure treated wood produced in accordance with applicable procedures and specifications, and the appropriate International Code Council Evaluation Service (ICC-ES) Standards and/or applicable American Wood Preservers' Association (AWPA) Standards for exterior usage [UC3A (Use Category 3A for exterior construction, above ground, coated & rapid water runoff) and UC3B (Use Category 3B for exterior construction, above ground, uncoated and poor water runoff) approval]. The Disodium Octaborate Tetrahydrate (Na2B8O13â¢4H2O) solution is an inorganic borate. The exterior usage is permitted through the use of an additional polymer treatment that inhibits the leaching of the borate from the wood. (B) Specialty Subcontractor â Party responsible for BORATE handling, transporting, storing, installing, protecting, sampling, and patching (damaged BORATE). This may be the Contractor if Contractor is able to demonstrate to the Engineer its expertise in this area. (C) Manufacturer â The ICC Accredited party or parties (as listed in ESR-1081) responsible for producing the BORATE treated wood and/or the preservative. (D) Retention â amount of preservative level present in the BORATE wood measured in kg/m3 [lbs/ft3]. (E) Water resistant â Quality of the wood to repel moisture, providing long-term protection against decay, rot, and weathering. (F) Supplier â If no Manufacturer (as defined above) exists for the Project, then the Supplier shall be defined as the facility responsible for furnishing the ICC Accredited borate-treated wood planks to the Specialty Subcontractor (as defined above). S-43.4 REQUIREMENTS (A) Materials Ordering BORATE treated wood materials shall not be ordered until the Engineer has approved the proposed materials. If the Contractor orders materials without the Engineerâs written approval, the Contractor assumes all liability.
S.P. 8825-466 (IDIQ Project) April 23, 2013 40-S (B) Preparation - DELETED. (C) Excavation - DELETED. (D) Branding Each BORATE treated wood timber shall be individually permanently branded on the face of each timber, not the edges or ends with the following two (2) separate brands: BRAND #1 1) Name of wood treating company; 2) Treatment plant city and state; 3) âBorateâ; 4) Preservative retention level; 5) âApproved for exterior useâ. BRAND #2 1) Name of wood treating company; 2) ICC Accredited Facility; 3) ESR-1081 *. * = ICC Evaluation Service Report 1081 (E) BORATE preservative â A borate with a binding system used to minimize leaching of the borate. The preservative shall provide protection to the wood against decay, rot, and insect attack, and act as a fungicide. 1) The preservative shall be applied at a rate by the manufacturer which will ensure that the measured retention level at the construction jobsite will be a minimum of 0.50 pounds per cubic foot for all applications where the timber will be installed, and as noted in 2) below; 2) Only Disodium Octaborate Tetrahydrate products approved for exposed conditions shall be allowed. 3) The polymer shall be applied at a rate of thirty (30) gallons per one-thousand (1000) board feet as stated in the quality manual as approved by the ICC in accordance with ESR-1081. Verification of this rate of usage shall be monitored by an independent third- party inspection agency and the resulting report will be presented to MnDOT upon request. S-43.5 SUBMITTALS AND CERTIFICATION All Borate Treated Wood must be sampled, tested and inspected by the Manufacturer and/or Supplier and approved by the Department prior to being incorporated permanently in the work. Unless otherwise specified, no direct compensation will be made for the costs of sampling and testing, it being understood that the costs are included in the Contract bid prices for treated wood products. This inspection shall be performed in accordance with the following: (A) A Letter of Compliance from the Manufacturer and/or Supplier certifying that the material furnished meets the Specification requirements and identifying the Specification number or reference and the Project number to which the material is shipped shall be furnished to the Engineer. The report also shall include the sampling procedures and results of all quality control tests, including a description of test methods used.
S.P. 8825-466 (IDIQ Project) April 23, 2013 41-S (B) A Letter of Compliance shall include Treatment and Inventory Audit Reports in accordance with the Quality Control Manual, Wood Treatment Products, Inc. (See Section S-43.6). This letter shall certify that all aspects of the Wood Treatment Products Quality Assurance Manual have been followed including both the retention of the borate in the wood and the appropriate amount of polymer as recorded by the treater upon treatment. (C) The Department reserves the right to request additional testing and/or verification by the Manufacturer and/or Supplier at the Contractorâs expense. The Contractor is advised that he/she needs to allow enough lead time so that a Letter of Compliance can be prepared and furnished to the Engineer so as to not to interfere with the construction schedule for the completion of the wood noise barrier walls. S-43.6 ACCEPTABLE PRESERVATIVE SOURCES Disodium Octaborate Tetrahydrate (Na2B8O13â¢4H2O) is an inorganic borate and is manufactured by Envirotech Ventures International, Inc., P.O. Box 712, Sandpoint, Idaho 83864, among others. It is distributed as Envirosafe Plus ⢠Wood Preservative available through Wood Treatment Products, Inc., P.O. Box 950445, Lake Mary, FL 32795-0445, and its authorized treaters, or approved equal. The Engineer may accept, at his or her discretion, borate preservative-treated wood from a single approved source. S-43.7 WARRANTY The Contractor shall warrant the installation of the BORATE treated wood against defects for a period of one hundred twenty (120) days from the date of the acceptance (See Section S-43.13) by the Engineer. (Note: This warranty is separate from any warranty (ties) that the manufacturer may provide to the Contractor on the treatment chemicals and/or the treated noise wall timbers supplied). The Contractor, or its designated representative, shall repair any defects due to improper installation that occur during the warranty period at no cost to the Department. The Contractor shall furnish the Engineer with a written warranty. S-43.8 HANDLING AND STORAGE BORATE Treated Wood materials shall be delivered in wrapped bundles and stored above ground, protected from weather and moisture until use. The Contractor is reminded that due diligence and care must be exercised when moving or handling any posts or wood material from their storage area(s) on the Project. Should any damage occur to any posts or wood material being installed on the Project by the result of mishandling, the Engineer may refuse to accept the placement of any such damaged material under MnDOT 1607 and at the approval of the Engineer. Such damaged and unaccepted material shall be replaced by the Contractor at his cost. S-43.9 MOISTURE CONTENT The Contractor is responsible for the following: (A) Samples shall be tested for moisture content at the rate of one (1) sample per 186 square meters [2000 square feet] of installed wood material. Testing and test equipment shall meet the requirements of ASTM D4444-92 (Reapproved 2003) [Standard Test Methods for Use and Calibration of Hand-Held Moisture Meters], in particular Field Calibration (sections 5.2, 6.2, and 6.3) and Sampling Point (location) (section 6.6.1). (B) The specified sampling rate may be increased prior to installation at the discretion of the Engineer (i.e., to test samples after a precipitation event). (C) At the time of installation, the Contractor shall test and ensure the moisture content in the planking wood and battens shall not exceed thirteen (13) percent maximum moisture content per volume tested. The moisture content for the battens shall not exceed fifteen (15) percent maximum moisture content per volume tested. Wood planking and battens which do not meet these requirements will be rejected. However, the rejected portion will be allowed to sun dry or be mechanically dried to meet moisture content requirements and then be placed with the approval of the Engineer in the noise wall installation. BORATE Treated Wood materials which fail to meet moisture content requirements shall be rejected by the Engineer and removed from the Project at no cost to MnDOT.
S.P. 8825-466 (IDIQ Project) April 23, 2013 42-S S-43.10 INSTALLER AND MATERIALS STANDARDS (A) Submittals and testing qualifications of the installer of the BORATE Treated Wood shall comply with S-43.4 (REQUIREMENTS), and S-43.9 (MOISTURE CONTENT) of these Special Provisions. These instructions must be provided to the Engineer, and approved by the Engineer prior to the Contractor ordering materials. (B) The Contractor shall dispose of BORATE treated wood scraps and cut-offs in a non-hazardous municipal solid waste landfill in accordance with MnDOT 2104 and local regulations. BORATE treated wood scraps shall not be burned. S-43.11 CONSTRUCTION REQUIREMENTS (A) Construction of wood noise barrier walls shall be accomplished in accordance with the Plan details, the applicable MnDOT Standard Specifications, these Special Provisions, or as otherwise approved by the Engineer. BORATE Treated Wood materials that must meet definite Specification requirements shall not be incorporated in the work until all preliminary inspections and tests necessary for moisture retention and preservative levels have been completed and the material is found to comply with requirements. (B) Vertical wood components, such as battens, shall be plumb after installation. Horizontal wood components, such as planks and cap boards, shall be level after installation. (C) DELETED. (D) Fastening shall be accomplished in a manner that will avoid splitting boards. (E) Joints shall be constructed in a manner that will completely arrest the passage of light. No daylight shall be visible through the joints 120 days after completion of the wall; this shall be construed to be part of the Warranty as detailed in Section S-43.7 of these Special Provisions. The Contractor is advised to take whatever measures necessary to avoid excessive shrinkage or shifting which would cause the passage of light. Where passage of light does occur, the Contractor shall take corrective action, by applying caulking to the satisfaction of the Engineer, at his/her own expense. (F) Planking shall be installed âgroove side downâ in all installations. When battens are to be joined in the construction of the wall, they shall have a 45 degree down miter joint instead of the inplace 90 degree joint (to minimize water retention issues). (G) Storage of materials within the Right of Way will be permitted only as approved by the Engineer. (H) Debris shall be disposed of outside the Right of Way. S-43.12 STAINING, PAINTING AND FINISHING REQUIREMENTS SECTION DELETED. S-43.13 âBORATEâ TREATED WOOD ACCEPTANCE The Contractor shall retain ownership and responsibility of the BORATE treated wood until the Engineer accepts it. (A) The Engineer will accept the BORATE installation after: 1) All required documentation from the Contractor has been received and accepted. 2) Test reports verifying material properties have been received and accepted by the Engineer.
S.P. 8825-466 (IDIQ Project) April 23, 2013 43-S 3) Construction of the Borate-treated noise wall is complete, including any repairs needed due to material defects or construction requirements. S-43.14 MEASUREMENT AND PAYMENT (A) Wood noise wall construction will be measured by the square foot of BORATE treated timber and lumber furnished and installed complete in place as specified, including quality assurance sampling and testing, architectural treatments (battens and cap feature), fire hose access holes and staining. No increase in area will be allowed for measuring the opposite side of the wall or the architectural treatments required on this surface unless specified on drawings. (B) Payment will be made according to the following schedule: NOTE: Only those pay items which are applicable to this Project shall apply. Item Description Units 2422.603 Glue Laminated Rub Rail .................................................................... Linear Foot 2422.618 Wood Noise Barrier .............................................................................Square Foot Payment shall be considered payment in full for all other costs incidental thereto. S-44 (2571) PLANT INSTALLATION MnDOT 2571 is hereby deleted from the MnDOT Standard Specifications and replaced with the attached Specification "2571 -- PLANT INSTALLATION AND ESTABLISHMENT" Revised 01/23/2013. S-45 (2572) PROTECTION AND RESTORATION OF VEGETATION The provisions of MnDOT 2572 are supplemented and/or modified with the following: S-45.1 The first paragraph after MnDOT 2572.3A(5) under Protecting and Preserving, is revised to read as follows: The Contractor shall not place temporary structure, store material, or conduct unnecessary construction activities with in a distance of 8 m (26 feet) outside the dripline of trees designated to be preserved without approval from the Engineer. S-45.2 The second paragraph of MnDOT 2572.3A2 Clean Root Cutting, is revised to read as follows: The Contractor shall immediately and cleanly cut damaged and exposed roots. Trees designated for protection shall have damaged roots cut back to sound healthy tissue and shall have topsoil immediately placed over the exposed roots. The Contractor shall immediately cover root ends that are exposed by excavation activities with 150 mm (6 inches) of topsoil as measured outward from the cut root ends. Exposed cut oak roots shall be immediately (within 5 minutes) treated with a wound dressing material consisting of latex paint or shellac. The Contractor shall limit cutting to a minimum depth necessary for construction and shall use a vibratory plow or other approved root cutter prior to excavation. S-45.3 The third sentence of MnDOT 2572.3A8 Destroyed or Disfigured Vegetation, is revised to read as follows: The Engineer will assess damages of trees and landscaping at not less than the appraisal damages as determined by the current edition of the âGuide for Plant Appraisal â Council of Tree and Landscape Appraisersâ published by the International Society of Arboriculture.
S.P. 8825-466 (IDIQ Project) April 23, 2013 44-S S-46 (2573) STORM WATER MANAGEMENT The provisions of MnDOT 2573 are supplemented and/or modified with the following: S-46.1 The Contractor shall request from Metro District Water Resources Engineer, Bryce Fossand, (651/234-7529) an updated SWPPP prior to starting each new Task Order to reflect any special or impaired water and/or environmentally sensitive areas within the new Task Order location(s). S-46.2 The second paragraph of MnDOT 2573.3A1 Erosion Control Supervisor, is revised to read as follows: The Erosion Control Supervisor shall be a responsible employee of the prime Contractor and/or duly authorized by the prime Contractor to represent the prime Contractor on all matters pertaining to the NPDES construction stormwater permit compliance. The Erosion Control Supervisor shall have authority over all Contractor operations which influence NPDES permit compliance including grading, excavation, bridge construction, culvert installation, utility work, clearing/grubbing, and any other operation that increases the erosion potential on the Project. In addition, the Erosion Control Supervisor shall implement the Contractorâs quality control program and other provisions in accordance with 1717.2 and be available to be on the Project within 24 hours at all times from initial disturbance to final stabilization as well as perform the following duties: S-46.3 MnDOT 2573.3 A2, Construction of Temporary Storm Water Basins, is revised to read as follows: Temporary storm water basins shall be constructed concurrently with the start of soil disturbing activities whenever practicable. The basins must be made fully functional and have storm water runoff from the localized watershed directed to the basins. The exposed sideslopes of the basins must be mulched and/or seeded within the time periods as set forth in 1717, or as directed by the Engineer. S-46.4 The second paragraph of MnDOT 2573.3 A5, Vehicle Tracking Onto Paved Surfaces, is revised to read as follows: The Contractor is responsible for insuring paved streets are clean at the end of each working day or more often as necessary to provide safety to the traveling public. Tracked sediment on paved surfaces must be removed by the Contractor within 24 hours of discovery, in accordance with 1717.2. Payment for street sweeping to provide safe conditions for the traveling public, environmental reasons or regulatory requirements shall be as provided in accordance with 1514. S-46.5 The first sentence of MnDOT 2573.3E2 is revised to read as follows: The bioroll shall be installed and anchored with wood stakes. The stakes shall be at a minimum nominally 25 mm x 50 mm (1 inch x 2 inch) and a minimum of 400 mm (16 inches) long with a pointed end. S-46.6 The first paragraph of MnDOT 2573.3J Filter Log Installation, is revised to read as follows: J Filter Log Installation Filter logs shall be placed in accordance with the Plan. Straw and wood fiber filter logs shall be staked in place with wood stakes. Wood stakes shall be at a minimum 25 x 51 mm (1 x 2 inch) nominal size by 400 mm (16 inches) long. The stakes shall be driven through the back half of the log at an angle of approximately 45 degrees with the top of the stake pointing upstream. When more than one log is needed for length, the ends shall be overlapped 150 mm (6 inches) with both ends staked. Staking shall be every 0.3 m (1 foot) along the log unless precluded by paved surface or rock.
S.P. 8825-466 (IDIQ Project) April 23, 2013 45-S S-46.7 MnDOT 2573.5 Basis of Payment, is revised to read as follows: Payment for storm water management and sediment control items will be compensation in full for all labor, materials, equipment, and other incidentals necessary to complete the work as specified, including the costs of maintenance and removal as required by the Contract. The Contractor will receive compensation at the appropriate Contract prices, or in the absence of a Contract bid price, according to the following unit prices, or in the absence of a Contract price and unit price, as Extra Work. In the absence of a Contract item for Erosion Control Supervisor, this work shall be considered incidental. S-46.8 MnDOT 2573.5 E, Unit Prices, is revised to read as follows: The Department will pay the following unit prices for temporary sediment control items in the absence of a Contract bid price: (1) Bale Barrier............................................................................................. $13.45/m ($4.10 per linear foot) (2) Silt Fence, Heavy Duty ................................................................................ $10/m ($3.00 per linear foot) (3) Flotation Silt Curtain, Type: Still Water, 1.2 m (4 foot) depth ............. $54.10/m ($16.50 per linear foot) (4) Sediment Trap Excavation ...................................................................... $7.20/m3 ($5.50 per cubic yard) (5) Bituminous Lined Flume ...................................................................... $6.00/m2 ($5.00 per square yard) (6) Silt Fence, Type Machine Sliced .............................................................. $6.50/m ($2.00 per linear foot) (7) Sediment Removal, Backhoe .................................................................................................$175 per hour (8) Filter Log, Type Straw Bioroll .................................................................................. $1.00/m ($3.00/foot) (9) Filter Log, Type Rock Log ...................................................................................... $16.50/m ($5.00/foot) (10) Flocculant Sock ......................................................................................................................... $300 each S-47 (2575) WEED CONTROL This work shall consist of controlling and preventing the spread of noxious and/or invasive weeds. Weeds may exist on the right-of-way of this Project and weed seed may be present as a seed bank in the existing topsoil. Perform the work in accordance with the applicable MnDOT Standard Specifications and the following: S-47.1 The Contractor shall follow all requirements of Minnesota Statutes Chapter 18. Section 18.82 states the following: Except as provided in section 21.74, if a person wants to transport along a public highway materials or equipment containing the propagating parts of weeds designated as noxious by the commissioner, the person must secure a written permit for transportation of the material or equipment from an inspector or county- designated employee. Inspectors or county-designated employees may issue permits to persons residing or operating within their jurisdiction. If the noxious weed propagating parts are removed from materials and equipment or devitalized before being transported, a permit is not needed. The Minnesota Department of Agriculture (MDA) determines the current state listed Noxious Weed (NW) species. The Contractor is directed to http://www.mda.state.mn.us/plants/badplants/noxiouslist.aspx. S-47.2 At the preconstruction conference, the Contractor is to submit a plan for reducing the spread of NW. The plan must include methods and sequencing of work, if mowing or herbicide spraying operations will occur and by whom. It will also describe what types of equipment and materials will be used, the protocols for cleaning the equipment. In addition, the plan will define the containment methods and the location of the receiving sites. At the start of a new Task Order, the Contractor shall update this plan if there have been any significant changes based on the new locations in the Task Order. S-47.3 The movement and reuse of topsoil from areas infested with any designated NW or IW shall be limited to the confines of identified infested areas.
S.P. 8825-466 (IDIQ Project) April 23, 2013 46-S S-47.4 Weed infested areas may not be used for construction staging areas. S-47.5 The Contractor shall take measures to minimize the spread of weed seed and other propagules from designated infested areas. Minimize the disturbance in these areas and by cleaning vehicles and equipment before moving them out of the designated weed infestation areas. Cleaning shall remove soil and vegetation debris that is visible on vehicles and equipment before moving operations. Cleaning may include scraping, sweeping, blowing or water spraying operations as appropriate for the location and conditions. Water spraying operations may require a containment system of the wash water for truck washing operations. All cleaning must be done in a manner that complies with all laws and as per MnDOT 1717 Site Plan. S-47.6 The Contractor shall retrieve and dispose of excavated soils for foundation support of signs, guardrail, etc. These soils shall be disposed of using one of the following methods: ⢠Bag and dispose of weed seed infested soil in a lined landfill with a paper or electronic custody trail. ⢠Dispose of the infested soil a minimum of 3 feet below the finished grade within the Project limits. ⢠Dispose of the infested soil a minimum of 3 feet below the finished surface outside of the Project limits documentation and proof of the location and depth the material was disposed. ⢠Dispose of the infested soil within the designated weed infested area over the already disturbed graded area prior to topsoil placement excluding roadside ditches and water treatment areas. Followed by topsoil placement and turf establishment practices for the Project. ⢠Dispose of the infested soil within the designated weed infested area over established turf excluding roadside ditches and water treatment areas. The Contractor shall then be responsible for establishing vegetation in these areas. ⢠Dispose of the infested soil outside of the construction limits with a method approved by the MDA that will destroy the viability of the NW propagating parts. S-47.7 No direct compensation will be made for compliance with these requirements. Any mowing or weed spraying ordered by the Engineer shall be incidental. S-48 (2575) CONTROLLING EROSION AND ESTABLISHING VEGETATION The provisions of MnDOT 2575 are hereby modified and/or supplemented with the following: S-48.1 MnDOT 2575.3D paragraph 2 and table 2575-2 are hereby deleted and replaced with the following: The Contractor shall sow the seed uniformly at the rate of application specified in Table 3876-5. S-48.2 MnDOT 2575.4D is hereby deleted and replaced with the following: D Seed When a bulk rate seed mixture is specified as shown in table 3876-5, the measurement will be made on that bulk mass. When a PLS rate seed mixture is specified as shown in table 3876-5, the measurement will be made on the PLS mass.
S.P. 8825-466 (IDIQ Project) April 23, 2013 47-S S-48.3 MnDOT 2575.5C is hereby deleted and replaced with the following: C Seed When a seed mixture is specified at a bulk rate as shown in table 3876-5, the payment will be made on that bulk mass. When a seed mixture is specified at a PLS rate as shown in table 3876-5, the payment will be made on the PLS mass. Payment for seed not meeting germination and purity or PLS requirements of 3876 shall be subject to 1503. When components are missing from the specified mixture the affected seeded areas shall be reseeded with the missing components by the Contractor at no additional cost to the Department. S-49 (3861) PLANT STOCK The provisions of MnDOT 3861 are supplemented and/or modified with the following: S-49.1 The third to last paragraph of MnDOT 3861.3 Sampling and Inspection, is revised to read as follows: During the spring planting season, coniferous plants that have candled out (put out new growth) while being stored in a holding bin may be planted, however, coniferous plants that are dug after candling out will be rejected. Coniferous trees not fully branched from bottom to top will be rejected. Only coniferous trees with buds or new growth at the terminal ends of branches shall be accepted, provided the tree meets the dimensional requirements defined in the current edition of the âInspection and Contract Administration Manual for MnDOT Landscape Projectsâ. Sheared or previously de-budded conifers may have enlarged trunk growth that is out of balance with a typical transplanted root system that is now too small. Therefore, previously sheared or de-budded coniferous trees will be subject to the minimum trunk caliper to root ball size relationship for deciduous trees as defined in the current edition of the âInspection and Contract Administration Manual for MnDOT Landscape Projectsâ. Pine trees shall have a terminal leader bud and terminal leaders shorter than 500 mm (18 inches) in length. A new central leader must be trained in conifers delivered with multiple or missing leaders. S-50 (3876) SEED The provisions of MnDOT 3876 are supplemented and/or modified with the following: S-50.1 The second paragraph of MnDOT 3876.1 is hereby deleted and replaced with the following: Pure live seed (PLS) is the percent of seed germination plus dormant and/or hard seed times the percent of seed purity of each species divided by 100. S-50.2 MnDOT 3876.2A General Requirements is hereby deleted and replaced with the following: A General Requirements All seed lots shall conform to the latest seed law of the State (Minnesota Statutes 21.80-21.91, last revised 8/2/06), and any applicable federal regulations, including those governing labeling and weed seed tolerances. Seed lots sold or offered for sale in the state of Minnesota are subject to inspection, sampling, and testing for verification of label claims and compliance with the Minnesota Seed Law by the Department of Agriculture (M.S. 18J.04). Tolerances for germination and purity factors will be applied as established in Rules 1510.0050, 1510.0060, 1510.0070, 1510.0080, 1510.0090 and 1510.0100 to seed lots sampled and tested by official methods. For all seed used in MnDOT mixes or projects, tests for viability (including germination and TZ tests) are valid for 12 months from the test date, exclusive of the month the test was completed. Seed shall be installed while tests are still valid.
S.P. 8825-466 (IDIQ Project) April 23, 2013 48-S All legume seed, including native legumes, shall have been pre-inoculated with the proper bacterial culture for the species being inoculated and with the bacteria culture designed for this purpose (pre-inoculation), in the manner and within the time specified by the manufacturer. A1 Labeling Contractor shall supply seed that is labeled according to the labeling requirements for agricultural seed as set forth in the Minnesota Seed Law, section 21.82. The Contractor shall supply seed that also contains the following information: a) County of genetic origin for each native component (List at least two counties for germplasm comprising accessions from multiple counties) b) PLS percent for each mix component (Purity x Total Germination and Hard or Dormant Seed/100) for each mix component (For PLS component of mixâs) c) Total PLS weight for the bag. The tag shall identify this as the pay item. (For PLS component of mixâs) d) Total bulk weight for the bag e) Area covered by the amount of seed in the bag when applied at the rate specified for the mix f) All information pertaining to individual components in a mix is required for all components, including those that constitute less than 5% of the total mix. Tags must not be hand written. If any of the above mentioned information is not included on the tag the material will be subject to specification 1503. When multiple bags are required to keep certain species or groups of species separate for the purpose of seeding those bags may be placed inside of a larger bag as long as each bag is labeled separately and the outer bag is labeled with the name of the mix. Each package of seed must include a âCertified Vendorâ tag that is issued by MnDOT Erosion Control unit. This will indicate that the seed has come from a MnDOT Approved Seed Vendor as described in 3876.3. A2 Seed Cleaning Contractor shall use seed that has been cleaned to an extent sufficient to allow its passage through appropriate seeding equipment. Seed of introduced species must be suitable for use in conventional seeders. Seed of native species must be suitable for use in native seed drills without plugging up the boxes, drop tubes, or planting units of the seed drills. Contractor shall not use seed that has been conditioned so much that it suffers reduced viability as a result. A3 Substitutions Alternate species or germplasm may only be used by requesting permission from the Office of Environmental Services Turf and Erosion Control Engineering Unit. Requests for permission must include written proof from three potential suppliers that the specified germplasm is not available. Approved substitutions will be named in a memo at the time they are approved. All currently approved substitutions will be posted on the Office of Environmental Services Erosion Control Unit website. Use of germplasm not listed herein will be considered unacceptable and will be subject to 1503. A4 Requirements for seed of native species Contractor shall supply and plant all seed in the 300 series mixes as pure live seed (PLS). This includes the cover crop, grass, sedge, and forb components. All seed in the cover crop component of mixes in the 300 series must be certified by the Minnesota Crop Improvement Association (MCIA) or the appropriate seed certifying agency in the seedâs state of origin, if other than Minnesota. All native seed used in mixes in the 300 series shall be certified by the Minnesota Crop Improvement Association (MCIA) in the Source Identified class. The genetic origin for this seed shall be within Minnesota or eastern North Dakota, eastern South Dakota, northern Iowa, or western Wisconsin. Source Identified seed shall be accompanied by the appropriate quality mark documentation from the MCIA, in the form of a MCIA-labeled yellow tag or certification certificate. County of genetic origin
S.P. 8825-466 (IDIQ Project) April 23, 2013 49-S shall be clearly identified on the seed label for all native seed. Selected class and Tested class germplasm of native species listed in Table 3876-1 located on the website of the Office of Environmental Services Erosion Control unit may be used in 100 and 200 series seed mixtures. If a specified species or germplasm is not available, substitutions will be granted for native seed in the 300 series mixes according to the following order of preference: 1) First preference, MCIA certified Source Identified class with a genetic origin in Minnesota or eastern North Dakota, eastern South Dakota, northern Iowa, or western Wisconsin 2) Second Preference: Source Identified seed certified by a seed certifying agency other than MCIA but with a genetic origin in Minnesota or eastern North Dakota, eastern South Dakota, northern Iowa, or western Wisconsin 3) Third Preference: Certified seed of varieties/germplasm listed in Table 3876-1. 4) Fourth Preference: Wild Type from Minnesota or eastern North Dakota, eastern South Dakota, northern Iowa, or western Wisconsin. Wild type seed is defined as seed of a local or regional ecotype that has originated from remnant native stands and that has not undergone any intentional selection process.
S.P. 8825-466 (IDIQ Project) April 23, 2013 50-S S-50.3 MnDOT Table 3876-1 is hereby deleted and replaced with the following: TABLE 3876-1 NATIVE GRASSES SEED COUNTS AND ACCEPTABLE GERMPLASM Trade Name Scientific Name+ Acceptable Varieties/Germplasm* Seeds Per Pound Big Bluestem Andropogon gerardi Bonilla, Bison 131,200 Sideoats Grama Bouteloua curtipendula 96,000 Blue Grama Bouteloua gracilis 640,000 Fringed Brome Bromus ciliatus 160,000 Kalmâs Brome Bromus kalmii 128,000 Hairy wood chess Bromus purgans 121,600 Buffalo grass Buchloe dactyloides 51,200 Blue-joint grass Calamagrostis Canadensis 3,360,000 Bottle Brush Sedge Carex comosa 384,000 Tussock Sedge Carex stricta 848,000 Fox Sedge Carex vulpinoidea 1,440,000 Canada Wild Rye Elymus canadensis Mandan 67,200 Bottle brush grass Elymus hystrix 75,200 Slender Wheat Grass Elymus trachycaulus Revenue 135,000 Virginia Wild Rye Elymus virginicus 62,400 Western Wheat Grass Elytrigia smithii 113,600 Reed Manna Grass Glyceria grandis 1,280,000 Fowl Manna Grass Glyceria striata 2,560,000 Common rush Juncus effusus 16,000,000 June Grass Koeleria macrantha 2,400,000 Switch Grass Panicum virgatum Forestburg, Dacotah 224,000 Fowl Bluegrass Poa palustris 2,080,000 Canada Bluegrass Poa compressa 2,400,000 Little Bluestem Schizachyrium scoparium Itasca Germplasm 140,800 Green Bulrush Scirpus atrovirens 2,240,000 Wool-grass Scirpus cyperinus 2,880,000 Soft-stem Bulrush Scirpus validus 496,000 Indian Grass Sorghastrum nutans Tomahawk 132,800 Prairie Cordgrass Spartina pectinata Red River Germplasm 105,600 Rough Dropseed Sporobolus asper 480,000 Sand Dropseed Sporobolus cryptandrus 3,200,000 Prairie Dropseed Sporobolus heterolepsis 224,000 Green Needle Grass Stipa viridula 120,000 * Varieties listed are approved for use in 100 and 200 series mixes. Their substitution for MCIA Source Identified seed in 300 series mixes is only allowed upon satisfaction of the requirements of 3876.2 A5. When multiple varieties are listed for a single species, they are listed in order of preference.
S.P. 8825-466 (IDIQ Project) April 23, 2013 51-S S-50.4 Delete MnDOT 3876.2B Requirements for Native Grasses, Sedges, Rushes (label and paragraphs) and replace with: B Requirements for Native Grasses, Sedges, and Rushes ........................................... Table 3876-1 (Keep table 3876-1) S-50.5 Delete MnDOT 3876.2E Requirements for Native Forbs (Wildflowers): (label and paragraphs) and replace with: E Requirements for Native Forbs (Wildflowers) ......................................................... Table 3876-4 (Keep table 3876-4) S-50.6 Mixtures 260 and 270 in MnDOT Table 3876-5 are hereby deleted and replaced with the following: Mixture: 260 Common Name Bulk Rate % of Mix Component kg/ha lb/ac Bluegrass, Kentucky "Certified Park" 35.8 40 32.0 Bluegrass, Canada 11.2 12.5 10.0 Bluegrass, Kentucky - Low Maintenance1 33.6 37.5 30.0 Fescue, hard 9.0 10 8.0 Rye-grass, perennial 22.4 25 20.0 GRAND TOTALS: 112 125 100.0 1 Any accepted low maintenance Kentucky Bluegrass Except "Park" Purpose: Commercial Turf Mixture: 270 Common Name Bulk Rate % of Mix Component kg/ac lb/ac Bluegrass, Kentucky - Elite 33.6 37.5 25.0 Bluegrass, Kentucky - Improved 33.6 37.5 25.0 Bluegrass, Kentucky - Low Maintenance 33.6 37.5 25.0 Red fescue, creeping 10.8 12 8.0 Rye-grass, perennial 22.8 25.5 17.0 GRAND TOTALS: 134.4 150 100.0 Purpose: Residential Turf
S.P. 8825-466 (IDIQ Project) April 23, 2013 52-S S-50.7 The 300 series mixes from MnDOT Table 3876-5 are hereby deleted and replaced with the following: Table 3876-5 Mixture: 310 Common Name PLS Rate % of Mix Component kg/ha lb/ac Bluestem, big 2.8 2.5 25.0 Indian grass 2.8 2.5 25.0 Wild-rye, Virginia 2.2 2.0 20.0 Switch grass 0.6 0.5 5.0 Blue-joint grass 0.3 0.25 2.5 Green bulrush 0.3 0.25 2.5 Wool grass 0.3 0.25 2.5 Giant bur reed 0.3 0.25 2.5 Cordgrass, prairie 1.7 1.5 15.0 Grass Totals: 11.3 10.0 100.0 kg/ha lb/ac Winter Wheat* 62.7 56.0 80.0 Rye-grass, annual 12.5 11.2 16.0 Wheatgrass, slender 3.1 2.8 4.0 Cover Crop Totals: 78.3 70 100.0 Wet Forbs Mixture (Table 3876-6) 2.2 2.0 100.0 GRAND TOTALS: 91.8 82.0 100.0 *Oats to be substituted for spring plantings Purpose: Native mix for wetter areas. Infiltration ponds, dry ponds, wet ditches. Tall height.
S.P. 8825-466 (IDIQ Project) April 23, 2013 53-S Mixture: 325 Common Name PLS Rate % of Mix Component kg/ha lb/ac Bluestem, big 1.7 1.5 15.0 Fringed brome 1.7 1.5 15.0 Wheat grass, slender 1.7 1.5 15.0 Virginia wild-rye 1.7 1.5 15.0 Switch grass 0.6 0.5 5.0 Fowl bluegrass 1.7 1.5 15.0 Indian grass 1.7 1.5 15.0 Prairie cord grass 0.6 0.5 5.0 Grass Totals: 11.4 10.0 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Blue-joint grass 0.22 0.2 10.0 Bottlebrush sedge 0.34 0.3 15.0 Tussock sedge 0.22 0.2 10.0 Fox sedge 0.22 0.2 10.0 Reed manna grass 0.22 0.2 10.0 Fowl manna grass 0.22 0.2 10.0 Green bulrush 0.22 0.2 10.0 Wool grass 0.22 0.2 10.0 Soft-stem bulrush 0.34 0.3 15.0 Sedge Totals: 2.22 2.0 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Winter Wheat* 61.6 56 80.0 Rye-grass, annual 12.3 11.2 16.0 Wheatgrass, slender 3.1 2.8 4.0 Cover Crop Totals: 77 70 100.0 Wet Forbs Mixture (Table 3876-6) 2.2 2.0 100.0 GRAND TOTALS: 92.8 84.0 100.0 *Oats to be substituted for spring plantings Purpose: Native sedge/prairie meadow mix. Reaches a height of 915 mm to 1220 mm (36 to 48 inches). Developed for use on hydric soils and for wetland restoration.
S.P. 8825-466 (IDIQ Project) April 23, 2013 54-S Mixture: 328 Common Name PLS Rate % of Mix Component kg/ha lb/ac Bluestem, big 2.2 2 12.5 Brome, fringed 2.2 2 12.5 Wild-rye, Virginia 4.4 4 25.0 Switchgrass 1.1 1 6.3 Bluegrass, fowl 5.5 5 31.2 Indian grass 2.2 2 12.5 Grass Totals: 17.6 16.0 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Winter Wheat* 61.6 56.0 80.0 Rye-grass, annual 12.3 11.2 16.0 Wheatgrass, slender 3.1 2.8 4.0 Cover Crop Totals: 77 70 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Milkweed, marsh 0.33 0.3 15.0 Prairie clover, purple 0.33 0.3 15.0 Tic-trefoil, showy 0.33 0.3 15.0 Sunflower, early 0.33 0.3 15.0 Black-eyed Susan 0.55 0.5 25.0 Vervain, blue 0.33 0.3 15.0 Economy Forbs Totals: 2.2 2.0 100.0 GRAND TOTALS: 96.8 88.0 100.0 *Oats to be substituted for spring plantings Purpose: Native mix for infiltration ponds, dry ponds, temporary wet ditches. Tall height.
S.P. 8825-466 (IDIQ Project) April 23, 2013 55-S Mixture: 330 Common Name PLS Rate % of Mix Component kg/ha lb/ac Grama, sideoats 3.4 3.0 21.5 Grama, blue 2.8 2.5 18.0 Bluestem, little 3.9 3.5 25.0 June grass 1.1 1.0 7.0 Dropseed, sand 1.1 1.0 7.0 Wild-rye, Canadian 3.4 3.0 21.5 Grass Totals: 15.7 14.0 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Winter Wheat* 62.7 56.0 80.0 Rye-grass, annual 12.5 11.2 16.0 Wheatgrass, slender 3.1 2.8 4.0 Cover Crop Totals: 78.3 70 100.0 Dry Forbs Mixture (Table 3876-6) 0.6 0.5 100.0 GRAND TOTALS: 94.6 84.5 100.0 *Oats to be substituted for spring plantings Application: Native mix for Sandy/dry areas. Short height. Mixture: 340 Common Name PLS Rate % of Mix Component kg/ha lb/ac Bluestem, big 3.3 3.0 21.5 Bluestem, little 2.8 2.5 18.0 Wild-rye, Canadian 2.2 2.0 14.0 Grama, sideoats 2.2 2.0 14.0 Switch grass 0.6 0.5 4.0 Dropseed, sand 0.6 0.5 3.5 Bluegrass, Canada 3.4 3.0 21.5 June grass 0.6 0.5 3.5 Grass Totals: 15.7 14.0 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Winter Wheat* 62.7 56.0 80.0 Rye-grass, annual 12.5 11.2 16.0 Wheatgrass, slender 3.1 2.8 4.0 Cover Crop Totals: 78.3 70 100.0 Dry Forbs Mixture (Table 3876-6) 0.6 0.5 100.0 GRAND TOTALS: 94.6 84.5 100.0 *Oats to be substituted for spring plantings Purpose: Native mix for Sandy/Dry areas. Mid-height.
S.P. 8825-466 (IDIQ Project) April 23, 2013 56-S Mixture: 350 Common Name PLS Rate % of Mix Component kg/ha lb/ac Bluestem, big 3.4 3.0 21.5 Indian grass 2.8 2.5 18.0 Bluestem, little 2.8 2.5 18.0 Grama, sideoats 3.4 3.0 21.5 Wild-rye, Canadian 2.2 2.0 14.0 Switch grass 1.1 1.0 7.0 Grass Totals: 15.7 14.0 100.0 Common Name PLS Rate % of Mix Component kg/ha lb/ac Winter Wheat* 62.7 56.0 80.0 Rye-grass, annual 12.5 11.2 16.0 Wheatgrass, slender 3.1 2.8 4.0 Cover Crop Totals: 78.3 70 100.0 Mesic Forbs Mixture (Table 3876-6) 0.6 0.5 100.0 GRAND TOTALS: 94.6 84.5 100.0 *Oats to be substituted for spring plantings Application: Native mix for general roadside areas. S-50.8 MnDOT Table 3876-6 is hereby deleted and replaced with the following: Table 3876-6 Mixture: Mesic Forbs Common Name Botanical Name % of Mix Aster, smooth-blue Aster laevis 5.0 Milkvetch, Canada Astragalus canadensis 5.0 Prairie clover, white Dalea candidum 5.0 Prairie clover, purple Dalea purpureum 5.0 Tick-trefoil. Showy Desmodium canadense 5.0 Coneflower, narrow-leaved Echinacea angustifolia 5.0 Ox-eye, common Heliopsis helianthoides 5.0 Coneflower, grey-headed Ratibida pinnata 5.0 Blazingstar, rough Liatris aspera 5.0 Blazingstar, tall Liatris pycnostachya 5.0 Bergamot, wild Monarda fistulosa 5.0 Penstemon, showy Penstemon grandiflorum 5.0 Mint, mountain Pycnathemum virginianum 5.0 Coneflower, columnar Ratibida columnifera 5.0 Black-eyed Susan Rudbeckia hirta 5.0 Goldenrod, stiff Solidago rigida 5.0 Vervain, blue Verbena hastata 5.0 Vervain, hoary Verbena stricta 5.0 Alexanders, heart-leaved Zizea aptera 5.0 Alexanders, golden Zizia aurea 5.0 Total: 100.0 Rate: 0.6 kg/ha (½ pounds per acre) PLS.
S.P. 8825-466 (IDIQ Project) April 23, 2013 57-S Mixture: Dry Forbs Common Name Botanical Name % of Mix Leadplant Amorpha canescens 10.0 Milkweed, butterfly Asclepias tuberosa 2.0 Aster, heath Aster ericoides 4.0 Tic-seed, stiff Coreopsis palmate 2.0 Yarrow Achillea millefolium 2.0 Long-leaved bluets Hedyotis longifolia 1.0 Bushclover, round-headed Lespedeza capitata 3.0 Blazingstar, rough Liatris aspera 4.0 Blazingstar, dotted Liatris punctata 3.0 Lupine, wild Lupinus perennis 5.0 Prairie clover, white Dalea candidum 5.0 Prairie clover, purple Dalea purpureum 16.0 Prairie rose Rosa arkansana 1.0 Black-eyed susan Rudbeckia hirta 18.0 Goldenrod, gray Solidago nemoralis 3.0 Goldenrod, upland Solidago ptarmicoides 1.0 Goldenrod, stiff Solidago rigida 2.0 Goldenrod, showy Solidago speciosa 2.0 Vervain, hoary Verbena stricta 14.0 Alexanderâs,golden Zizea aurea 2.0 Total: 100.0 Rate: 0.6 kg/ha (½ pounds per acre) PLS
S.P. 8825-466 (IDIQ Project) April 23, 2013 58-S Mixture: Wet Forbs Common Name Botanical Name % of Mix Hyssop, fragrant giant Agastache foeniculum 2.0 Water plantain Alisma subcordatum 4.0 Meadow garlic Allium canadense 1.0 Anemone, Canada Anemone Canadensis 1.0 Milkweed, marsh Asclepias incarnata 2.0 Aster, panicled Aster simplex 3.0 Aster, New England Aster novaeangliae 3.0 Aster, red-stalked Aster puniceus 3.0 Aster, flat-topped Aster umbellatus 1.0 Tick trefoil, Canada Desmodium glutinosum 1.0 Joe-pye weed Eupatorium maculatum 17.0 Boneset Eupatorium perfoliatum 10.0 Goldenrod, grass-leaved Solidago graminifolia 2.0 Sneezeweed Helenium autumnale 1.0 Giant sunflower Helianthus giganteus 2.0 Ox-eye, common Heliopsis helianthoides 1.0 Great St. Johnâs wort Hypericum pyvamidatum 2.0 Iris, wild Iris versicolor 1.0 Blazingstar, tall Liatris pycnostachya 8.0 Bergamot, wild Monarda fistulosa 1.0 Prairie clover, white Dalea candidum 1.0 Prairie clover, purple Dalea purpureum 2.0 Mountain mint Pycnathemum virginianum 1.0 Black-eyed susan Rudbeckia hirta 6.0 Goldenrod, stiff Solidago rigida 2.0 Tall meadow rue Thalictrum dasycarpum 2.0 Vervain, blue Verbena hastata 14.0 Ironweed Veronia fasciculate 1.0 Culverâs root Veronicastrum virginicum 3.0 Alexanderâs, golden Zizea aurea 2.0 Total: 100.0 Rate: 2.2 kg/ha (2 pounds/acre) PLS S-51 (3877) TOPSOIL BORROW MnDOT 3877 is hereby modified as follows: S-51.1 MnDOT 3877.2A (Topsoil Borrow) is hereby deleted and the following substituted therefore: A Topsoil Borrow Topsoil borrow for general use as a turf growing medium shall meet the requirements of Table 3877-1: TABLE 3877-1 TOPSOIL BORROW REQUIREMENTS Requirement Range Test Method Material passing 1/4 inch [6.35 mm] ⥠85% â Clay 5% â 30% ASTM D 422 Silt 10% â 70% ASTM D 422 Sand 10%â 70% ASTM D 422 Organic matter 3% â 20% ASTM D 2974 pH 6.1 â 7.8 ASTM G 51
S.P. 8825-466 (IDIQ Project) April 23, 2013 59-S S-51.2 MnDOT 3877.2B (Select Topsoil Borrow) is hereby deleted and the following substituted therefore: B Select Topsoil Borrow Select topsoil borrow for use as a plant growing medium in designated areas, such as landscape beds, shall meet the requirements of Table 3877-2: TABLE 3877-2 SELECT TOPSOIL BORROW Requirement Range Test Method Material passing 1/4 inch [6.35 mm] ⥠90% â Clay 5% â 30% ASTM D 422 Silt 10% â 50% ASTM D 422 Sand 20% â 70% ASTM D 422 Organic matter 3% â 20% ASTM D 2974 pH 6.1 â 7.5 ASTM G 51 Soluble salts ⤠0.15 siemens/m [1.5 mmho/cm] American Society Agronomy Chapter 62.2 S-51.3 MnDOT 3877.2C (Premium Topsoil Borrow) is hereby deleted and the following substituted therefore: C Premium Topsoil Borrow Premium topsoil borrow for use as a plant growing medium in critical areas and top dressing erosion stabilization mats shall meet the requirements of Table 3887-2 and shall be screened and pulverized. S-52 (3889) TEMPORARY DITCH CHECKS The provisions of MnDOT 3889 are supplemented and/or modified with the following: S-52.1 MnDOT 3889.2B Type 2: Bioroll, is revised to read as follows: Type 2 ditch checks shall consist of 3897 Filter Log Type; Straw Bioroll or Wood Fiber Bioroll. S-52.2 MnDOT 3889.2C Type 3: Bioroll Blanket System, is revised to read as follows: Type 3 ditch checks shall consist of two components; Filter Log Type; Straw Bioroll or Wood Fiber Bioroll in accordance with 3897, staked on top of a Category 3, specification 3885 erosion control blanket. The blanket shall form a minimum width of 3.7 m (12 feet) perpendicular to the ditch gradient. S-53 (3891) STORM DRAIN INLET PROTECTION The provisions of MnDOT 3891 are supplemented and/or modified with the following: S-53.1 MnDOT 3891.3A Rock Log, is revised to read as follows: Rock logs shall meet the requirements of 3897.2 Filter Log Type Rock Log. S-53.2 MnDOT 3891.3B Compost Log, is revised to read as follows: Compost logs shall meet the requirements of 3897.2 Filter Log Type Compost Log
S.P. 8825-466 (IDIQ Project) April 23, 2013 60-S S-54 FINAL ESTIMATE AND FINAL PAYMENT (2013 version) The following provisions shall apply to preparation of the Final Estimate and execution of Final Payment under this Contract: S-54.1 FINAL ESTIMATE State Law provides that the final estimate will be made within 90 days after completion of all work required under this Contract. If, however, the total value of the Contract exceeds $2,000,000.00, the 90 day requirement will not apply and the time allowed for making such final estimate shall be 180 days after the work under this Contract has been, in all things, completed to the satisfaction of the Commissioner. S-54.2 FINAL PAYMENT If this Contract contains a "Disadvantage Business Enterprise or Targeted Group Business" goal, the following requirement shall apply: "Before final payment is made, the Contractor shall also complete an affidavit showing the total dollar amounts of work performed by disadvantaged business enterprise (DBE) and targeted group business (TGB) and/or veteran-owned small business."
January 23, 2013 Page 1 of 12 2571 PLANT INSTALLATION AND ESTABLISHMENT 2571.1 DESCRIPTION This work consists of providing, planting, and establishing trees, shrubs, vines, and perennials of the species, variety, grade, size, or age, and root category specified for the locations shown on the plans, including planting or transplanting plants provided by the Department. Perform this work in accordance with the current edition of the Inspection and Contract Administration Manual for Mn/DOT Landscape Projects (ICAMMLP). 2571.2 MATERIALS A Nursery Plant Stock ................................................................................................................................ 3861 Provide plants of the species shown on the plans in the variety, grade, and size, or age indicated. A.1 Investigations and Supply of Planting Stock and Materials By submitting a proposal and accepting award of the contract in accordance with 1205, âExamination of Plans, Specifications, Special Provisions and Site of Work,â the Contractor assures familiarity with the project site and contract documents, commitments from suppliers, and delivery of the plant stock and materials required to complete the contract. A.2 Plant Stock and Materials Documentation Provide the following plant stock and materials documentation: (1) At or before the preconstruction conference, provide the Engineer with a Mn/DOT-preliminary Certificate of Compliance for Plant Stock, Landscape Materials, and Equipment (copy of form provided in the current edition of ICAMMLP). (2) At least one week before plant stock delivery to the project, provide the Engineer with the following: (2.1) A copy of a valid nursery stock, dealer or grower certificate, registered with the Minnesota Department of Agriculture (MDA), a current nursery certificate or license from a state or provincial Department of Agriculture for each plant stock supplier, or both; (2.2) Documentation certifying that plant material shipped from out-of-state nursery vendors subject to state and federal quarantines, is free of currently regulated pests, including Emerald Ash Borers, and Gypsy Moths. To determine if Minnesota vendors are subject to quarantines, call the MDA Supervisor of Nursery Inspection and Export Certification at (651) 201-6388; and (2.3) An updated Certificate of Compliance, signed by the Contractorâs authorized representative. (3) Upon delivery of plant stock and materials to the project, provide the Engineer with the following: (3.1) Bills of lading or shipping documents for plant stock and landscape materials delivered to the project, and (3.2) An updated and signed Certificate of Compliance, if necessary, to reflect deviations from the original Certificate of Compliance documentation submitted at or before the preconstruction conference. (4) As a condition for authorization of payments, provide the Engineer with vendor invoices or billing statements for plant stock and materials used on the project. The Engineer will consider work performed with plant stock, materials, or equipment that was misrepresented in the documentation, as unauthorized work.
MnDOT 2571 January 23, 2013 Page 2 of 12 If the Contractor does not provide the documentation required by this section, the Engineer may consider subsequent work unauthorized and the Department may assess a daily charge of $200.00, on a calendar day basis, until the Contractor achieves compliance. A.3 Substitutions The Engineer may allow substitutions in accordance with 1605, âSubstitute Materials.â Before requesting substitutions, provide written documentation that plants shown on the plans are not available in quantities to fulfill the contract requirements from the individual suppliers on the Partial List of Nursery Dealers and Growers in the most current edition of the ICAMMLP. The Engineer, in consultation with the project designer, may authorize specific substitute plants or may extend the contract time to ensure availability of the plants shown on the plans. Provide substitutions equal to or better than the initially specified materials. B Department Furnished Stock and Transplant Stock Obtain Department provided stock and transplant stock from sources shown on the plans or specified by the special provisions. C Incidental Materials and Work The Department considers incidental materials and work, specified, non-specified, replacement, or miscellaneous, to include materials and work that are incidental to payment for the individual plant installation contract items and for which the Department does not make direct payment. C.1 Specified Incidental Materials and Work Supply, install, and maintain incidental materials as required for plant installation and establishment in accordance with the special provisions, plans, and standard planting details. C.2 Non-specified Incidental Materials and Work Supply, install, and maintain non-specified incidental materials for plant installation and establishment success in accordance with product labeling, manufacturerâs instructions, and applicable laws, regulations and ordinances. C.3 Replacement Materials and Work Provide materials and work to replace unacceptable or missing plants, materials, and incidental items in accordance with the special provisions, plans, and standard planting details. Provide replacement materials and work that is equal to or better than the initially specified materials and work. C.4 Miscellaneous Incidental Materials, Equipment and Work Miscellaneous incidental materials, equipment, and work include the following: (1) Mobilization, (2) Traffic control, (3) Protection and restoration of vegetation and property, (4) Layout and staking, (5) Soil cultivation, (6) Compost, (7) Mulch, (8) Rodent protection, (9) Staking and guying, (10) Seedling shelters,
MnDOT 2571 January 23, 2013 Page 3 of 12 (11) Temporary erosion control, (12) Mowing, (13) Application of herbicides, insecticides, fungicides, and water and (14) Other materials, equipment, and work necessary to install, maintain, and establish plants as shown on the plans and in a healthy, vigorous, and weed-free condition. 2571.3 CONSTRUCTION REQUIREMENTS A General A.1 Landscape Specialist Provide a Landscape Specialist, certified by the Department, to perform or supervise plant installation and establishment work. Provide documentation of the Certified Landscape Specialist at or before the preconstruction conference. Landscape specialists may obtain certification by completing the one-day Department Landscape Project Inspection and Administration Training Class and passing a test administered by the Departmentâs Landscape Architecture and Forestry Units. Full certification is valid for 3 years. Landscape Specialists may obtain provisional certification for 1 year by passing a test without completing the training class. A.2 Notices by Contractor Notify the Engineer at least 3 calendar days before planned deliveries of initial and replacement planting stock to the project to allow for inspection scheduling. Notify the Engineer at least 24 hours before beginning or changing distinct operations. Include the following in the notice: (1) The project number, (2) Engineerâs name, (3) Notification date, (4) Intended dates and times for the operations, and (5) The planned locations of work. Provide notifications in writing, using confirmable e-mail, or facsimile transmissions. A.3 Unauthorized Work and Penalties for Non-compliant Operations The Engineer will consider work performed as follows to be unauthorized work: (1) Without required and acceptable documentation and notifications, (2) Without supervision by a certified landscape specialist, (3) Without conducting required and acceptable competency tests, or (4) In conflict with the working hours of 1803, âProsecution of Work.â In the case of non-compliant operations, the Department may assess a daily charge of $200.00, on a calendar day basis, until the Contractor achieves compliance. A.4 Required Equipment Provide equipment meeting the requirements of 1805, âMethods and Equipment,â and with the following available on the project at all times: (1) At least one portable compaction tester capable of measuring compaction in the soil to at least 18 in [450 mm] deep, (2) At least one soil recovery probe for assessment of soil moisture conditions, and At least one tree caliper with measurement readings in inches. B Preconstruction Work
MnDOT 2571 January 23, 2013 Page 4 of 12 Preconstruction work includes: (1) Attending a preconstruction conference, (2) Submitting preconstruction documentation, (3) Mobilizing equipment and supplies to the project, (4) Protecting existing vegetation, resources, and property in accordance with the plans, special provisions, and 1712, âProtection and Restoration of Property,â 2031, âField Office and Laboratory,â 2557, âFencing,â and 2572, âProtection and Restoration of Vegetation.â C Staking Planting Holes and Beds Stake the exact locations and layouts for the Engineerâs approval. To remedy unanticipated, localized problems and seasonal conditions that may hinder plant establishment, the Contractor may request the Engineerâs approval to perform the following in accordance with the standard planting details and options shown on the plans: (1) Relocate plantings, (2) Make plant substitutions, or (3) Modify soil or drainage characteristics. Locate plantings to provide the following: (1) A clear sight distance of at least 1,200 ft [360 m] in front of traffic signs and extending 50 ft [15 m] beyond the signs; and (2) Clear zones and safety sight corners and lines shown on the plans free of plants. D Preparing Planting Holes and Planting Beds To prevent site compaction and damage, do not work in planting holes and bed areas if the soil moisture is greater than field capacity. D.1 Utilities Before cultivating soil or excavating holes on the project, meet the requirements of 1507, âUtility Property and Service.â The Contractor may request the Engineerâs approval to relocate plantings to avoid unanticipated conflicts with utilities. D.2 Weed Control and Soil Cultivation Apply herbicide to actively growing vegetation beginning in spring or fall. Before cultivating individual planting holes and bed areas, kill turf and weed growth within the limits of planting areas that will receive mulch in accordance with the following: (1) Mow existing vegetation to at least 3 in [75 mm] at least one week before spraying herbicide. Remove the cuttings. Allow the vegetation to re-grow to a height from 4 in to 8 in [100 mm to 200 mm] before applying the herbicide. (2) At least three days before applying herbicide, submit to the Engineer, labels of the intended herbicides and a copy of a valid MN Pesticide Applicator License, including Category A and Category J. (3) Spray and kill turf and weeds, including the top growth and roots, only within designated areas using a non-selective, non-residual post emergent herbicide containing 41 percent glyphosate as the active ingredient. Ensure personnel, licensed by the MDA and experienced in the use of
MnDOT 2571 January 23, 2013 Page 5 of 12 chemical pesticides perform the work in accordance with the manufacturerâs instructions and recommendations. Apply the herbicide to dry foliage on actively growing vegetation. Apply the herbicide in August or early September before the fall or spring Plant Installation Period (PIP) as required by the contract. If an August or September application is not possible for the spring PIP, apply the herbicide in late April or early May. If precipitation occurs within 6 hours after applying herbicide, reapply herbicide as needed to achieve 100 percent kill. (4) Before beginning soil cultivation work, schedule and perform a Competency Test to the satisfaction of the Engineer. The Engineer considers a satisfactory Competency Test one that demonstrates acceptable soil cultivation, incorporation of soil additives, compaction levels, and soil drainage in one planting bed area and one individual tree planting area. (5) Before placing soil additives as shown on the plans, use a spading machine to deep cultivate the planting hole and bed areas by loosening the soil to at least 12 in [300 mm] deep and a compaction level of no more than 200 psi [1,400 kPa] to this depth, as measured from the finished grade elevation of the soil. The Engineer may approve other equipment to address site constraints, if requested by the Contractor. For hydraulic spade-type, machine-moved tree-transplanting, the Engineer will not require planting hole cultivation, other than loosening the soil outside the soil- ball perimeter in accordance with the standard planting details shown on the plans. (6) Unless otherwise shown on the plans, add 4 in [100 mm] of Grade 2 compost, in accordance with 3890, âCompostâ and other soil additives shown on the plans or as requested by the Contractor and approved by the Engineer, over the cultivated planting hole and bed areas and use a spading machine to incorporate it to a depth of at least 12 in [300 mm], as measured from the finished grade elevation of the soil. (7) Use a compaction tester to ensure compaction in the planting hole and bed areas does not exceed 200 psi [1,400 kPa] to a depth of at least 16 in [400 mm]. If Contractor-operations result in zones of hardpan or excessively compacted soil, repeat deep cultivation or de-compact the subsoil in accordance with 2105.3.G.2, âCompaction Testing and the Grading and Base Manual â specifically the requirements for turf establishment areas, at no additional cost to the Department. (8) Ensure drainage in the planting hole and bed areas. For suspected drainage problems, perform a percolation test by filling a 16 in [400 mm] deep planting hole with water and measuring the time it takes the water to drain from the hole. The Engineer considers adequate drainage equal to or greater than a percolation rate of ½ in/h [12 mm/h]. If drainage does not meet these requirements, request approval from the Engineer to relocate or delete affected planting locations or proceed with Extra Work using one or a combination of the planting details for poorly drained soils, as shown on the plans. (9) Apply temporary erosion control measures in accordance with the NPDES permit, SWPPP notes, and 2573, âStorm Water Management.â The Contractor may use Type 6 wood chip mulch at a depth no more than 1 in [25 mm] for temporary erosion control in prepared planting bed areas. D.3 Wet Soils, Rock, and Debris If the Contractor encounters excessively wet soils, bedrock, or excessive quantities of boulders and construction debris, the Contractor may request the Engineerâs approval to relocate or delete plantings, or modify soil or drainage characteristics in accordance with the alternative options in the standard planting details shown on the plans. E Delivery and Storage of Plants Before installation, the Engineer will provide for inspection and acceptance of plant stock delivered to the project in accordance with the current edition of the ICAMMLP and 3861, âPlant Stock.â Install plant stock on the day of delivery to the project unless using temporary storage methods. Before installation, keep the roots of plants completely covered with a moisture-holding material consisting of wood chips, straw, sawdust, moss, or soil. Keep the moisture-holding material continuously moist and protect it from drying winds, direct sunlight, excessive heat, freezing, low humidity, inadequate ventilation, and animal or human harm. The Engineer will consider plants with damage that occurred or was discovered during temporary storage, unacceptable. Do not store plants from one planting season to the next.
MnDOT 2571 January 23, 2013 Page 6 of 12 E.1 Pruning â Top Growth and Roots Immediately before planting, prune the roots of bare-root plants, except seedlings, and the top growth of deciduous plants. Cut-back broken or badly bruised roots and dry root tips to sound, healthy tissue. Prune to remove dead, rubbing, damaged, diseased, and suckering branches, and to improve plant symmetry, structure, and vigor. Prune coniferous trees and shrubs only to remove damaged growth or a competing leader. Prune in accordance with the horticultural practices specified in the current edition of the ICAMMLP and the standard planting details on the plans. Do not prune oak trees during the oak wilt season from April through July, to prevent the spread of oak wilt disease. Immediately treat accidental cuts or wounds to oaks with a wound dressing in accordance with the standard planting details shown on the plans. Keep wound-dressing material on the project during the oak wilt season. E.2 Buried Root Flares The Engineer will consider container-grown and balled and burlapped plant stock unacceptable if provided with more than 4 in [100 mm] of soil depth above the root flare. The Engineer may accept plants provided with no more than 4 in [100 mm] excess soil above the root flare if the excess soil can be removed without damaging the root system of the plants. E.3 Excessive Roots Reject containerized or balled and burlapped plants with roots extending at least 4 in [100 mm] beyond the container or burlap. F Installation of Plants F1 General Before proceeding with plant installation work, schedule and perform a competency test demonstrating acceptable plant installation methods to the Engineerâs satisfaction and in accordance with the plans and standard planting details, for each plant pay item and root category on the project. The Engineer considers a satisfactory competency test to be one that demonstrates acceptable handling of plants, digging of holes and beds, and installation of plants, initial watering, installation of protection materials and mulching. Before digging planting holes, rake temporary erosion control wood chip mulch off prepared planting areas to prevent wood chip contamination of the planting soil in the holes. The Contractor may re-spread wood chip mulch formerly used as temporary erosion control around plants to a depth no greater than 1 in [25 mm] following plant installation, if newly provided and acceptable Type 6 mulch is applied over the top to the depth shown on the standard planting details in the plans. Dig planting holes to the configuration and minimum dimensions shown in the standard planting details on the plans. If the soil moisture is greater than field capacity, do not work in planting holes and beds. Ensure drainage in the planting hole and bed areas. For a suspected drainage problem, perform a percolation test by filling a 16 in [400 mm] deep planting hole with water and measuring the time it takes the water to drain from the hole. The Engineer considers adequate drainage equal to or greater than a percolation rate of ½ in/h [12 mm/h]. If drainage does not meet these requirements, request approval from the Engineer to relocate or delete affected planting locations or proceed with extra work using one or a combination of the planting details for poorly drained soils as shown on the plans. F.2 Individual Plant Stock Types and Installation Requirements
MnDOT 2571 January 23, 2013 Page 7 of 12 Install plants in accordance with the steps and requirements in the standard planting details shown on the plans and specific to each plant stock type. G Watering During the PIP, provide watering equipment and forces on the project capable of completely watering plants as often as necessary to maintain soil moisture in the root zones. Within 2 hours of installation, saturate the backfill soil of each plant with water. After settling, provide additional backfill to fill in the voids. H Mulch Before placing mulch, fine grade and level the planting bed soils with hand tools. Place mulch material in accordance with the standard planting detail shown on the plans no more than seven days after plant installation. The Engineer will consider placement of mulch, contaminated with soil or other materials and not complying with the requirements of 3882, âMulch Materials,â unacceptable. Remove unacceptable mulch from the project. I Protection of Installed Trees Use protective materials to ensure the healthy growth and survival of installed trees. I.1 Staking and Guying Unless staking and guying is shown on the plans, only stake and guy trees if necessary to maintain the trees in a plumb condition. The following circumstances may warrant staking and guying: (1) Excessive soil moisture, (2) Light-textured soil, (3) Steep slopes, (4) Exposure to excessive wind, and (5) The likelihood of vandalism. Install staking and guying in accordance with the standard planting details shown on the plans. Remove staking and guying within 1 year of initial installation. I.2 Rodent Protection Place rodent protection around deciduous, pine, and larch trees in accordance with the standard planting details shown on the plans. I.3 Tree Painting Paint trees in accordance with the standard planting details shown on the plans. I.4 Seedling Tree Shelters Install seedling tree shelters in accordance with the standard planting details shown on the plans. J Cleanup and Restoration Work Perform the following cleanup and restoration work on an ongoing basis and as the final step of the initial planting operations: (1) Remove excess materials, rocks and debris from the project;
MnDOT 2571 January 23, 2013 Page 8 of 12 (2) Repair turf in disturbed areas with seed mixes as shown on the plans or to match in-place turf; (2.1) Immediately before sowing seed or laying sod, prepare soil as specified in 2575.3.B, âGrading Preparations Prior to Seeding;â (2.2) Uniformly broadcast a Type 4 natural base fertilizer, as specified by 3881.2.B.4, âType 4 â Natural Based Fertilizer,â that provides nitrogen at an application rate of 43 lb/acre; (2.3) Lay sod, or uniformly broadcast seed at 1.5 times the rate specified in Table 2575-1, âSeed Mixture Application Rates.â Provide seed in accordance with the requirements of 3876, âSeedâ and perform seeding in accordance with Table 2575-2, âSeason of Planting;â (2.4) Rake and firm seeded areas to ensure seed contact with the soil; (2.5) Broadcast or disc anchor Type 1 mulch in all seeded areas; (3) Install erosion control measures to prevent erosion. K Plant Establishment Period K.1 Establishment Period A Plant Establishment Period (PEP) of at least 2 calendar years begins on the date that initial planting operations on the project are completed and continues until final acceptance of the project, unless otherwise shown on the plans. K.2 Establishment Work Keep plants in a healthy growing condition in accordance with the current edition of the ICAMMLP throughout the establishment period and submit Mn/DOT Landscape Contractor Scouting Reports in accordance with item 1 of 2571.3.K.2.a, âAll Plants.â Perform plant establishment work throughout the growing seasons from April through October and as necessary during the dormant seasons from November through March. The Engineer may perform random inspections throughout the PEP to verify compliance. The Engineer will consider the Contractor non-compliant if the Contractor does not maintain plants throughout the PEP and does not submit scouting reports. The Department may assess a daily charge of $200.00 for non-compliance, on a calendar day basis, until the Contractor achieves compliance. K.2.a All Plants In plant establishment work, perform the following: (1) Scout to assess the condition of the plants and the planting site and factors that may influence plant health, vigor, and establishment success. Scout these conditions at least every two weeks during the growing season and at least every month during the dormant season; (2) Submit a written scouting report to the Engineer via e-mail by the 1st and 15th of each month during the growing season from April to October and by the 1st of each month during the dormant season from November to March. The Engineer will use the report-frequency and content to assess plant establishment compliance. The report may include scanned copies of the plan sheets with the Contractor notes, copies of the report form found in the current edition of the ICAMMLP, or both. Include the following in the report: (2.1) The project number; (2.2) Engineerâs name; (2.3) Name of Contractorâs responsible scout or representative; (2.4) Dates work was performed; (2.5) Work locations; (2.6) Work completed; (2.7) Prevailing weather conditions; (2.8) Soil moisture assessments; (2.9) Insect, animal, vehicular, weather, or other damage;
MnDOT 2571 January 23, 2013 Page 9 of 12 (2.10) Disease problems; (2.11) Treatment recommendationsâ and (2.12) Assessment of overall plant conditions including weed competition and control. (3) Maintain soil moisture in accordance with 2571.3.G, âWateringâ and the watering guidelines of the standard planting details shown on the plans; (4) Repair, adjust, or replace staking and guying, mulch material, planting soil, rodent protection, seedling tree shelters, tree paint, and other incidental items in accordance with the plans; (5) Maintain healthy, vigorous plants. free of harmful insects, fungus, and disease; (6) Remove dead, dying, and unsightly plants. Provide and install replacement plants in accordance with 2571.2.K.2.b, âReplacement Requirements;â (7) Maintain plants in a plumb condition at the planting depth shown on the planting details in the plans; (8) Maintain planting areas in a weed-free condition as follows: (8.1) Remove weeds, top growth and roots, within the mulch limits by hand pulling. Pre-water mulched areas to ensure weed top growth and roots are entirely removed. Ensure weeding operations do not contaminate the mulch or project with weed seed, weed-laden soil or propagating weed parts. Remove State and County-regulated noxious weeds to at least 5 ft [900 mm] beyond the mulch limits. Remove weed parts or weed-laden material from the project to avoid the spread of weed infestations; (8.2) Do not spray chemicals for weed control in mulched planting areas during the PEP. The Contractor may apply a non-selective, non-residual post-emergent herbicide containing 41 percent glyphosate, as the active ingredient with a surfactant on a spot treatment basis with a brush or wick applicator. The Contractor may also apply a broad-spectrum dichlobenil based granular, pre-emergent herbicide in accordance with product labeling and manufacturerâs recommendations; (8.3) Do not weed whip or weed clip as weed control; (8.4) Mow turf bands around the mulch limits at least 5 ft [900 mm] beyond the limits and at least 4 in [100 mm] high if the turf height exceeds 9 in [230 mm] adjacent to mulched planting areas; (8.5) Mow turf areas installed as part of the project when the growth exceeds 18 in [500 mm] high. Mow turf from 6 in [150 mm] to 12 in [300 mm] high. Control State and County- listed noxious weeds; (9) Prune to remove dead, rubbing, damaged or diseased branches, unwanted suckers, and to improve plant form and structure; (10) Prevent or repair rutting and other damage that may lead to soil erosion and weed infestation; (11) Perform plant establishment operations consistent with plant care and horticultural practices detailed in the current edition of the ICAMMLP; and (12) Remove excess material, obsolete temporary erosion control devices, rocks, and debris from the project. K.2.b Replacement Requirements Within the first year of the 2-year PEP, determine which plants need replacing. Replace dead, defective, or missing plants and incidental materials in accordance with initial installation requirements, including plants lost due to accidents, vandalism, theft, rodent damage, damage caused by the Contractor, or if ordered by the Engineer, at no additional cost to the Department. Conduct plant replacement operations during the month of May within the first year of the PEP. At least one week before plant replacement, submit a summary report of proposed plant replacements to the Engineer. Include by attachment, copies of plan sheets with the proposed replacement quantities and locations identified and a Mn/DOT Certificate of Compliance for Plant Stock, Landscape Material, and Equipment, in the report. Using brightly colored paint, mark on site plants requiring replacement. Provide replacement plants and incidental materials that are equal to or better than the initial material required by the contract. If less than a full year remains in the PEP, do not replace plants unless the PEP is extended by a supplemental agreement or change order to provide at least one full year of establishment care.
MnDOT 2571 January 23, 2013 Page 10 of 12 L Acceptance of Work For acceptance at full payment, ensure each plant meets the Criteria For Accepting Plant Size shown in the current edition of the ICAMMLP. L.1 Acceptance of Preconstruction Work The Engineer will accept the preconstruction work after the Contractor secures commitments for required materials, submits a Mn/DOT Certificate of Compliance for Plant Stock, Landscape Materials, and Equipment, participates in a preconstruction conference, obtains the Engineerâs approval for the progress schedule, moves equipment and supplies to the project, and provides protection for existing plants. L.2 Acceptance of Preparation of Planting Holes and Beds For the Engineerâs acceptance of preparation of planting holes and beds, complete a competency test, other specified staking, initial weed control, soil cultivation including incorporation of additives, and temporary erosion control work. L.3 Acceptance of Initial Planting Operation The Engineer will provisionally accept initial planting operations based on the following: (1) Plant stock acceptance, (2) Completion of a competency test, (3) Installation of individual plants, and (4) All incidental material and work items shown in the initial planting operations chapter of the current edition of the ICAMMLP, including initial but not limited to watering, tree protection materials, mulching, proper drainage, pruning, staking and guying, tree painting, fertilizing, erosion control, seeding and clean up. L.4 Final Acceptance As a condition for terminating the PEP and conducting the final inspection, the Engineer may require the Contractor to bring the plant establishment work into compliance. On or about the date of termination of the PEP, the Engineer will perform a final inspection of the project. The Engineer will determine which plants to accept for payment at the contract unit price, at a reduced payment, or with no payment. Upon final acceptance, the Engineer will not require further Contractor-care of plantings. The Engineer will make final acceptance at the completion of the two-year PEP and based on a final inspection of the completed project. 2571.4 METHOD OF MEASUREMENT The Engineer will measure plants separately by the number of acceptable plants for each contract item in accordance with 2571.5.G, âPayment Schedule.â 2571.5 BASIS OF PAYMENT The Department will make payment for plant installation and establishment at a percentage of the contract unit price per item unit of measure for all costs relating to furnishing, installing, and maintaining, the required plants and associated incidental materials as specified and shown on the plans.
MnDOT 2571 January 23, 2013 Page 11 of 12 The Engineer may require additional materials and work beyond that specified or shown in the contract. The Department will make payment for the additional materials and work as extra work. The Department may make full payment, reduced payment or no payment of no more than the maximum eligible partial payment percentage at any payment phase (initial, interim, final) based on the performance of the Contractor (see Payment Checklist in the current edition of the ICAMMLP). A Full Payment The Department will make full payment of 100 percent of the contract unit price for each plant the Engineer considers acceptable, upon inspection, if the Contractor fully achieves all Payment Criteria as defined in the Payment Checklist in the current edition of the ICAMMLP. B Reduced or No Payments The Department will make a reduced payment or no payment of the contract unit prices for each plant if the Contractor does not achieve all Payment Criteria, as defined in the Payment Checklist in the current edition of the ICAMMLP. C Initial Payment The Department will make partial payment up to 70 percent of the contract unit price for each plant for completion of the following work: C.1 Preconstruction Work The Department will pay no more than 10 percent of the contract unit price for each plant with the completion and acceptance of preconstruction work as defined in the Preconstruction Work Checklist in the current edition of the ICAMMLP. C.2 Preparation of Planting Holes and Beds The Department will pay no more than 15 percent of the contract unit price for each plant with the completion and acceptance of preparation of planting holes and beds work as defined in the Preparation of Planting Holes and Beds Checklist in the current edition of the ICAMMLP. C.3 Initial Planting Operations The Department will pay no more than 45 percent of the contract unit price for each plant with the completion and acceptance of initial planting operations work as defined in the Initial Planting Operations Checklist in the current edition of the ICAMMLP. D Interim Payment At the end of the first calendar year of the PEP, and after completion and acceptance of the Contractorâs work and continuous compliance with the plant establishment requirements as defined by the Plant Establishment- Year One Checklist in the current edition of the ICAMMLP, the Engineer may authorize no more than 15 percent of the contract unit price for each plant. E Final Payment The Department will make final payment after final inspection and acceptance of the completed project at the end of the PEP. The Engineer may authorize no more than 15 percent of the contract unit price for each plant as defined by the Plant Establishment Year 2 Checklist in the current edition of the ICAMMLP. The total final
MnDOT 2571 January 23, 2013 Page 12 of 12 payment includes the Plant Establishment Year 2 payment, assessments and reduced payments, if any, and bonus payment, if eligible. The Department will not pay for replacement plants, unless authorized by the Engineer. The Department may continue to withhold any percentage of initial and interim payments from the final payment. The Department will not reimburse any assessments charged during the contract period at the final payment. If the final voucher shows that the total of initial and interim payments made exceeds the total amount due the Contractor, promptly refund the Department for the overpayment. F Bonus Payment When 90 percent or more of all plants installed within the initial plant installation period (PIP) and related contract operations have been continuously acceptable throughout the contract period, the Department will make a bonus payment of 10 percent of the total final contract unit price for plant installation and establishment. The Department considers replacement plants, replaced during the initial PIP, to be initially installed plants. Replacement plants made during the PEP are not eligible for bonuses. G Payment Schedule The Department will pay for plant installation and establishment on the basis of the following schedule: Item No. Item Unit 2571.501 Coniferous tree (size & root category) tree 2571.502 Deciduous tree (size & root category) tree 2571.503 Ornamental tree (size & root category) tree 2571.504 Coniferous shrub (size & root category) shrub 2571.505 Deciduous shrub (size & root category) shrub 2571.506 Vine (age or size & root category) vine 2571.507 Perennial (age or size & root category) plant 2571.541 Transplant tree (spade size*) tree 2571.544 Transplant shrub shrub 2571.546 Transplant vine vine 2571.547 Transplant perennial plant NOTE: State Root Category: Seedling, Bare Root, Machine Moved, Container Grown, Balled and Burlapped * Spade size: 42 in [1.1 m], 60 in [1.5 m], 78 in [1.9 m], 85 in [2.1 m], 90 in [2.3 m].
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 1 Minnesota Department of Transportation Schedule of Materials Control (SMC) â Introduction Page (Federal Aid, State Funds, County/Municipal Federal Aid Projects and State Aid Projects) This schedule outlines the minimum sampling and testing required for most materials used in highway construction. Some items that are rarely used or materials of recent development are often covered by special provisions and may not be shown on the schedule. For more information regarding contract requirements for testing, please reference the "Standard Specifications for Construction", Specification 1603 Materials: Specifications, Samples, Tests, and Acceptance. Laboratories performing acceptance tests for payment shall be accredited by the AASHTO Materials Reference Laboratory (AMRL) or a comparable accreditation program approved by MnDOT and the FHWA for all test procedures performed. Grading and Base materials are exempt from the accreditation requirement. When sample sizes required for testing exceed 35 pounds, please submit multiple containers of the material with no individual container weighing more than 35 pounds. Small quantities of materials may be accepted without sampling and testing. A small quantity is defined as any total quantity, for the whole project, of one material, which is smaller than the minimum quantity required for testing unless modified by the individual material items. These materials shall be from known, reliable sources, perform satisfactorily and meet the requirements for purpose intended. The inspection report (Form 02415) should include a statement to this effect and show the source. Form 2403 may be used to report small quantities of diverse materials from different sources. Form 02415 and Form 2403 (or approved revisions) are referenced in the Schedule of Materials Control for project record documentation and are required to be maintained in the project file. Previously approved materials transferred from another project should be reported on Form 02415. The report should include: type of material, quantities involved, source, and supplier of materials. Whenever possible, include the project number for which the material was originally approved. If Forms 02415 and 2403 are referenced by form number within the Materials Control Schedule for materials or products received from pre-approved sources, where the field responsibility for acceptance is visual inspection and all information required to complete these forms is contained in other documents in the project file, the use of these forms becomes optional. If these forms are completed and sent to the Project Engineer by off-site inspection personnel from the district or the Office of Materials, they must be retained in the project file. A Telephone Index is included with the Schedule giving contact information for the specialty areas if further information is required regarding the various materials. A form index is also included. The Department maintains the Approved/Qualified Products List and the Certified Products and Services List, as well as, the Schedule of Materials Control. All are available electronically on the Office of Materials and Road Research website. www.dot.state.mn.us/materials.html Products manufactured offsite may be pre-approved; however, final acceptance will be made at the point of incorporation, based upon review of documentation and inspection for shipping or other damage. Contact the MnDOT District Independent Assurance Inspector when project starts to provide the proper servicing of your project.
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 2 Index Section Page(s) Schedule of Materials Control Introduction Page 1 Index 2 Certifications List 2 thru 4 Telephone Index 5 Form Index 6 I. Grading and Base Construction Items 7 thru 13 II. Bituminous Construction Items for Specification 2360 14 thru 20 III. Bituminous Specialty Items 21 thru 25 IV. Concrete Construction Items 26 thru 42 V. Landscaping and Erosion Control 43 thru 45 VI. Chemical Items 46 thru 49 VII. Metallic Materials and Metal Products 49 thru 56 VIII. Miscellaneous Materials 57 IX. Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete 58 thru 62 X. Brick, Stone, and Masonry Units 63 XI. Electrical and Signal Construction Items 64 thru 66 Certifications List Material SMC Section Sub Section Page Certification Needed All Base, Surface, and Granular Materials I. Grading & Base Many 7-13 Form G&B-104 (24346) include gradation, crushing, bitumen content, and quality test results Plant Mixed Asphalt (PMA) II. Bituminous Many 14-20 All PMA from certified supplier www.dot.state.mn.us/materials/bituminous.html Shingles II. Bituminous 15 Contractor shall provide documentation that of all RAS /TOSS (Tear Off Shingle) material is from a MPCA certified supplier. Bituminous Material II. Bituminous 19 Only Bituminous Materials from certified asphalt binder sources are allowed for use. The most current list of Certified Sources can at http://www.dot.state.mn.us/products Emulsified Asphalt II. Bituminous 19 Use Emulsion for seal coat from a certified emulsified asphalt source. Certified Ready Mix IV. Concrete Many 28-29 Contact Report from Ready-Mix Plant. All concrete from certified plant including a computerized certificate of compliance with each load. Portland Cement Fly Ash Ground Granulated Blast Furnace Slag Cement Admixtures IV. Concrete 27 Concrete Plant Batching Materials: All materials must come from certified approved, or qualified sources. All certified sources must state so on the Bill of Lading Delivery invoice including MnDOT standardized certification statement for cement, flyash, and slag. The most current list of certified/approved sources can be found at www.dot.state.mn.us/products. Plastic for Curing IV. Concrete 35 A Certificate of Compliance shall be submitted to the Project Engineer from the Manufacturer certifying that the plastic complies with AASHTO M171. Aggregate for Low Slump Overlays IV. Concrete 39 Aggregate pit numbers and 1 passing gradation result per fraction per source
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 3 Certifications List (cont.) Material SMC Section Sub Section Page Certification Needed Profiler IV. Concrete 38 Contractor provides MnDOT certified Inertial Profiler Results for bumps/dips and/or Areas of Localized Roughness for the entire project. Aggregate for Concrete Pavement Repair IV. Concrete 40 Aggregate pit numbers and 1 passing gradation result per fraction per source Aggregate for Dowel Bar Retrofits IV. Concrete 42 Aggregate pit numbers and 1 passing gradation result per fraction per source Plant Stock & Landscape Materials V: Landscaping etc. 2 43 Several certifications Silt Fence V: Landscaping etc. 5 44 Certificate of Compliance with MARV values Flotation Silt Curtain V: Landscaping etc. 6 44 Manufacturersâ certification of compliance Mulch Type 3 V: Landscaping etc. 12 44 Certified Vendor by Minnesota Crop Improvement Association must be tagged grain straw only on label. Mulch Type 6 Wood Chips V: Landscaping etc. 13 45 Emerald Ash Borer Compliance Agreement with the MDA Seeds V: Landscaping etc. 14 45 Certified Vendor by Minnesota Crop Improvement Association must be tagged. Seeds - Native V: Landscaping etc. 14 45 Certified Vendor by Minnesota Crop Improvement Association must be tagged. Sod V: Landscaping etc. 15 45 A certified tag by Minnesota Crop Improvement Association for Salt tolerant sod. A certificate of Compliance for all other types of sod listing grass varieties. Compost V: Landscaping etc. 16 45 A/QPL with certified test reports. Waterproofing material membrane waterproof system VI: Chemical Items 46 Certificate and test results Waterborne latex traffic marking paint VI: Chemical Items 47 Certificate of Compliance Epoxy traffic paint VI: Chemical Items 47 Certificate of Compliance Traffic marking paint VI: Chemical Items 47 Certificate of Compliance Non-traffic marking paint VI: Chemical Items 47 Certificate of Compliance Bridge structural steel paint VI: Chemical Items 48 Certificate of Compliance Exterior masonry paint VI: Chemical Items 48 Certificate of Compliance Noise wall stain VI: Chemical Items 48 Certificate of Compliance Drop-on glass beads VI: Chemical Items 48 Certificate of Compliance Pavement marking tape VI: Chemical Items 48 Certificate of Compliance Steel sign posts VII: Metallic 2 50 Certification of domestic source if applicable under 1601 Posts for traffic or fence VII: Metallic 3A 50 Certification of domestic source if applicable under 1601 For fence: Fence certification form (Optional) Fence components VII: Metallic 3B 50 Fence certification form (Optional) Fence gates VII: Metallic 3C 50 Fence certification form (Optional) Fence barbed wire fabric VII: Metallic 3D 50 Fence certification form (Optional) Fence woven wire fabric VII: Metallic 3E 51 Fence certification form (Optional) Fence chain link wire fabric VII: Metallic 3F 51 Fence certification form (Optional) Reinforcing steel uncoated bars VII: Metallic 5A 51 Certificate of Compliance & certified mill analysis Reinforcing steel epoxy bars VII: Metallic 5B 52 Inspected tag or Certificate of Compliance & certified mill analysis Steel Fabric VII: Metallic 5E 52 Certificate of Compliance
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 4 Certifications List (cont.) Material SMC Section Sub Section Page Certification Needed Dowel Bars VII: Metallic 5F 52 Certificate of Compliance Pre or post tensioning strand VII: Metallic 5G 53 Mill analysis Anchor rods & Structural Fasteners VII: Metallic 7, 8 53 Yearly MnDOT passing test report Timber & lumber VIII: Miscellaneous 1 57 Certified on invoice Bearing pads VIII: Miscellaneous 4 57 Certificate of Compliance Corrugated metal pipe IX: Geosynthetics & Pipe 1A 58 Certified on invoice Corrugated metal structural plate IX: Geosynthetics & Pipe 1B 58 Certified on invoice Corrugated metal aluminum plate IX: Geosynthetics & Pipe 1C 58 Fabricatorâs Certificate and guarantee Concrete pipe & manholes reinforced IX: Geosynthetics & Pipe 3A 58 Certified stamp and certification document Precast box culverts IX: Geosynthetics & Pipe 4A 59 Stamped & field inspection report Prestressed beams & posts, etc IX: Geosynthetics & Pipe 4B 59 Stamped & field inspection report Manholes & catch basins IX: Geosynthetics & Pipe 5 60 Certification document or stamped Thermoplastic pipe ABS & PVC IX: Geosynthetics & Pipe 7 60 Certificate of Compliance Corrugated PE Pipe: Single wall â edge drains IX: Geosynthetics & Pipe 8 60 Certificate of Compliance Corrugated PE Pipe: dual wall â 12â-48â IX: Geosynthetics & Pipe 13 61 Certificate of Compliance Geotextile fabric IX: Geosynthetics & Pipe 14 62 Manufacturersâ Certification of compliance Brick sewer concrete X: Brick, Stone, Masonry 1B 63 Air content statement Concrete masonry units X: Brick, Stone, Masonry 2A 63 Air content statement Light standards XI: Electrical & Signal 1 64 Certificate of Compliance Cable & Conductors XI: Electrical & Signal 7 65 Usually inspected at the distributor. Documentation showing project number, reel number(s), & MnDOT test number(s) will be included with each project shipment. If not received from Contractor, submit sample for testing along with manufacturersâ material certification. Electrical systems XI: Electrical & Signal 10 66 Electrical Systems are to be reported as a "System" using the Lighting, Signal, and Traffic Recorder Inspection Report. Traffic signal systems XI: Electrical & Signal 11 66 Traffic Signal Systems are to be reported as a "System" using the Lighting, Signal, and Traffic Recorder Inspection Report.
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 5 Telephone Index for Schedule of Materials Control Section Page Section Name Contact Phone Part I Page 7 Grading & Base â Specifications 2105, 2106, 2118, 2211, 2212, 2215, and 2221 Terry Beaudry Cary Efta Rebecca Embacher (651) 366-5456 (651) 366-5421 (651) 366-5525 Website: www.dot.state.mn.us/materials/gradingandbase.html Part II Part II C Page 14 Page 19 Bituminous - Spec. 2360 Asphalt Binder John Garrity Jim McGraw Jason Szondy (651) 366-5577 (651) 366-5548 (651) 366-5549 Website: www.dot.state.mn.us/materials/bituminous.html Part III Page 21 Bituminous Specialty Items Terry Beaudry Greg Schneider Tom Wood (651) 366-5456 (651) 366-5403 (651) 366-5573 Part IV Page 26 Concrete â Aggregates and Mix Design Concrete â Certified Ready Mix Concrete Concrete Paving Concrete â Bridges Concrete â Pavement Rehabilitation Wendy Garr Wendy Garr Rob Golish Ron Mulvaney Gordy Bruhn (651) 366-5423 (651) 366-5423 (651) 366-5576 (651) 366-5575 (651) 366-5523 Website: www.dot.state.mn.us/materials/concrete.html Part V Page 43 Landscaping and Erosion Control Items Erosion Control Landscaping Wood Chips Lori Belz Scott Bradley Tina Markeson (651) 366-3607 (651) 366-4612 (651) 366-3619 Part VI Page 46 Chemical Items Jim McGraw Dave Iverson (651) 366-5548 (651) 366-5550 Part VII Page 49 Metallic Materials and Metal Products Sampling Test Results Bridge Structural Metals Steve Grover Laboratory Todd Niemann Barry Glassman (651) 366-5540 (651) 366-5560 (651) 366-4567 (651) 366-4568 Part VIII Page 57 Miscellaneous Materials Sections 1thru 3 Section 4 Test Results Steve Grover Todd Niemann Barry Glassman Laboratory (651) 366-5540 (651) 366-4567 (651) 366-4568 (651) 366-5560 Part IX Page 58 Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete Sections 1 thru 11, & 13 Section 12 Section 14 Test Results Steve Grover Rich Lamb Randy Tilseth Laboratory (651) 366-5540 (651) 366-5595 (651) 366-5451 (651) 366-5560 Part X Page 63 Brick, Stone and Masonry Units/Modular Retaining Wall Blocks Sections 1, 2A,3, & 4 Section 2B Test Results Steve Grover Blake Nelson Laboratory (651) 366-5540 (651) 366-5599 (651) 366-5561 Part XI Page 64 Electrical & Signal Sections 1, 8-11 Section 2, 4- 7 Section 3 Test Results Susan Zarling Steve Grover Wendy Garr Laboratory (651) 234-7052 (651) 366-5540 (651) 366-5423 (651) 366-5560
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 6 Form Index Grading and Base Form No. Form Name G&B â 001 (02115-03) Grading & Base Report G&B â 002 (02154-02) Random Sampling Acceptance G&B â 101 (02402-03) Sieve Analysis G&B â 103 (02463) Percent Crushing Report G&B â 104 (24346) Certificate of Aggregates & Granular Materials G&B â 105 (21850) Moisture Test G&B â 203 (Table 2105-6, 2106-6) DCP Penetration Index Method G&B â 204 (Table 2211-3) DCP Penetration Index Method G&B â 205 2215 DCP Penetration Index Form â Full Depth Reclamation G&B â 303 (24587-01) Moisture - Density (Proctor) Test G&B â 304 (02140-03) Relative Density Test Concrete Form No. Form Name 2152 Concrete Batching Report 2162 Concrete Test Beam Data 2409 ID Card Concrete Test Cylinder 2448 Weekly Concrete Report 2449 Weekly Concrete Aggregate Report (QC/QA) 21412 Weekly Report of âLow Slump Concreteâ 21763 Concrete Aggregate Worksheet 21764 Concrete Aggregate Worksheet JMF - Paving 21765 Concrete Aggregate Worksheet JMF 24143 Weekly Certified Ready-Mix Plant Report (Verification) 24300 ID Card Cement Samples 24308 ID Card Fly Ash Samples 24327 Field Core Report Concrete W/C Ratio Calculation Worksheet Incentive/Disincentive Smoothness Worksheet Bituminous Form No. Form Name 2413 Asphalt Sample Identification Card Miscellaneous Form No. Form Name 2410 Sample ID Card 02415 Inspection Report on â¦â¦... (May be used for documentation or use another method to capture required documentation) 2403 Inspection Report for Small Quantities (May be used for documentation or use another method to capture required documentation) Certification Form for Type of Fence used, see on right side of page, www.dot.state.mn.us/materials/lab.html
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 7 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) Pa y It em N um be r M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um A ge nc y V er ifi ca tio n (A cc ep ta nc e) Te st in g (S ee N ot e 1) M in im um C om pa ni on (S pl it La b) S am pl e (S ee N ot es 2 & 3 ) Fo rm N o. (S ee N ot e 5) R at e Si ze R at e Si ze (a ) 21 18 (b ) 22 11 (c ) 22 21 or 2 11 8 (d ) Sp ec . P ro v. o r 22 12 1. G ra da tio n (a ) A gg re ga te S ur fa ci ng (b ) A gg re ga te B as e (c ) A gg re ga te S ho ul de rs (d ) D ra in ab le A gg re ga te B as e (O G A B & D SB ) 31 36 , 31 38 , & S pe ci al P ro vi si on s P ro du ct io n: 1 /5 50 y d3 (C V ) R an do m S am pl in g ⢠< 2 80 y d3 ( C V ) N o te st s R eq ui re d ⢠⥠28 0 yd 3 (C V ) to < 1 ,1 00 y d3 ( C V ) 1. L ot S iz e = T ot al Q ua nt it y 2. D iv id e lo t i nt o tw o eq ua l s ub lo ts 3. C ol le ct o ne r an do m s am pl e fr om ea ch s ub lo t 4. A ve ra ge r es ul ts to d et er m in e co m pl ia nc e ⢠⥠1 ,1 00 y d3 ( C V ) to < 5 ,5 00 y d3 ( C V ) 1. L ot S iz e = T ot al Q ua nt it y 2. D iv id e L ot in to f ou r eq ua l s ub lo ts 3. C ol le ct o ne r an do m s am pl e fr om ea ch s ub lo t. 4. A ve ra ge r es ul ts to d et er m in e co m pl ia nc e ⢠⥠5, 50 0 yd 3 (C V ) 1. 60 lb 1 pe r pr oj ec t in th is ca te go ry . O bt ai n sp lit sa m pl e fr om th e 1s t ve ri fi ca tio n sa m pl e. 30 lb . G & B -0 01 (0 21 15 -0 3) G & B -0 02 (0 21 54 -0 2) G & B -1 01 (0 24 02 ) G & B -1 04 (2 43 46 -0 2)
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 8 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) Pa y It em N um be r M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um A ge nc y V er ifi ca tio n (A cc ep ta nc e) T es tin g (S ee n ot e 1) M in im um C om pa ni on (S pl it La b) S am pl e ( Se e N ot es 2 & 3 ) Fo rm N o. (S ee N ot e 5) R at e Si ze R at e Si ze (e ) 21 05 21 06 1. G ra da tio n( C on tin ue d) (e ) G ra nu la r B or ro w Se le ct G ra nu la r B or ro w M od if ie d G ra nu la r B or ro w St ab ili zi ng A gg re ga te 31 49 & Sp ec ia l P ro vi si on s 1/ 10 ,0 00 y d3 ( C V ) 1/ 20 ,0 00 y d3 ( C V ) 30 lb . 1 pe r pr oj ec t in th is ca te go ry . O bt ai n sp lit sa m pl e fr om th e 1s t ve ri fi ca tio n sa m pl e 30 lb . G & B -0 01 (0 21 15 -0 3) , G & B -1 01 (0 24 02 -0 3) G & B -1 04 (2 43 46 -0 2) (f ) Sp ec ia l P ro vi si on s & 2 21 5 (f ) Fu ll D ep th R ec la m at io n (F D R ) Sp ec ia l P ro vi si on s & 3 13 5 1/ 6, 00 0 yd 2 (S ee N ot e 10 ) 1/ 12 ,0 00 y d2 60 lb N A G & B -0 01 (0 21 15 -0 3) G & B -1 01 (0 24 02 -0 3) (g ) 25 11 (g ) G ra nu la r F ilt er 36 01 & Sp ec ia l P ro vi si on s 1 pe r so ur ce be fo re d el iv er y on p ro je ct 1 pe r so ur ce 30 0 lb N A G & B -0 01 (0 21 15 -0 3) G & B -1 01 (0 24 02 -0 3) G & B -1 04 (2 43 46 -0 2) (h ) 2 45 1 (i ) 24 51 (j ) 24 51 (k ) 24 51 (l ) 24 51 (m ) 25 02 (h ) G ra nu la r B ac kf ill (i ) A gg re ga te B ac kf ill (j ) G ra nu la r B ed di ng (k ) A gg re ga te B ed di ng (l ) C oa rs e Fi lte r A gg re ga te (m ) Fi ne F ilt er A gg re ga te 31 49 & Sp ec ia l P ro vi si on s T w o pe r so ur ce b ef or e de liv er y on p ro je ct 1 pe r so ur ce 60 lb NA G & B -0 01 (0 21 15 -0 3) G & B -1 01 (0 24 02 -0 3) G & B -1 04 (2 43 46 -0 2)
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 9 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) Pa y It em N um be r M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um A ge nc y V er ifi ca tio n (A cc ep ta nc e) T es tin g (S ee N ot e 1) M in im um C om pa ni on (S pl it La b) S am pl e ( Se e N ot es 2 & 3 ) Fo rm N o. (S ee N ot e 5) R at e Si ze R at e Si ze (a ) 2 21 1 (b ) 2 22 1 2. P ro ct or T es t (a ) A gg re ga te B as e (b ) A gg re ga te S ho ul de r 22 11 , 22 21 , & Sp ec ia l P ro vi si on s (S ee N ot e 8) 20 05 S pe c Bo ok : 1 pe r so ur ce 20 13 S pe c Bo ok 1 pe r so ur ce 50 lb s. 1 pe r pr oj ec t in th is ca te go ry . O bt ai n sp lit sa m pl e fr om th e 1s t ve ri fi ca tio n sa m pl e 25 lb . G & B -3 03 (2 45 87 -0 1) (c ) 2 10 5 21 06 (c ) E m ba nk m en t S oi l, G ra nu la r B or ro w , S el ec t G ra nu la r B or ro w , & M od if ie d G ra nu la r B or ro w 21 05 & 21 06 20 05 S pe c Bo ok : 20 13 S pe c Bo ok : 1m aj or s oi l t yp e (S ee N ot es 7 & 1 1) 20 05 & 2 01 3 Sp ec B oo k : F or S pe ci fi ed D en si ty : 1 /m aj or s oi l t yp e. 20 13 S pe c Bo ok : Fo r al l o th er c om pa ct io n re qu ir em en ts : O ne C on tr ac to r C om pa ni on /p ro je ct (a ) 22 11 (b ) 22 21 3. S pe ci fie d D en sit y Te st (S an d C on e or o th er ) ( a) A gg re ga te B as e ( b) A gg re ga te S ho ul de r 22 11 , 2 22 1 & Sp ec ia l P ro vi si on s (S ee N ot e 8) 1/ 1, 00 0 yd 3 (C V ) N A N A G & B -0 01 (0 21 15 -0 3) G & B -3 04 (0 21 40 -0 3) ( c) 2 10 5 2 10 6 (c ) E m ba nk m en t S oi l, G ra nu la r B or ro w , S el ec t G ra nu la r B or ro w & M od if ie d G ra nu la r B or ro w 21 05 , 2 10 6 & Sp ec ia l P ro vi si on s 1/ 4, 00 0 yd 3 (C V )
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 10 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) Pa y It em N um be r M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um A ge nc y V er ifi ca tio n (A cc ep ta nc e) T es tin g R at e (S ee N ot e 1) Fo rm N o. (S ee N ot e 5) (a ) 22 11 (b ) 22 21 4. D yn am ic C on e Pe ne tr at io n (D C P) In de x M et ho d (a ) A gg re ga te B as e ( b) A gg re ga te S ho ul de r 22 11 , 22 21 , & S pe ci al P ro vi si on s 1 D C P te st /5 00 y d3 (C V ) G & B -0 01 (0 21 15 -0 3) G & B -2 04 (0 21 70 -0 2) (c ) 2 21 5 (c ) Fu ll D ep th R ec la m at io n (F D R ) 31 35 & S pe ci al P ro vi si on s 1 D C P te st /3 ,0 00 y d2 G & B -0 01 (0 21 15 -0 3) G & B -2 05 (d ) 2 10 5 2 10 6 (d ) G ra nu la r B or ro w Se le ct G ra nu la r B or ro w & M od if ie d G ra nu la r B or ro w a nd a ll ot he r gr an ul ar m at er ia ls . 21 05 , 2 10 6, 31 49 & Sp ec ia l P ro vi si on s R oa dw ay E m ba nk m en t: O ne D C P te st /2 ,0 00 y d3 (C V ). St ru ct ur e Tr en ch es : O ne D C P te st /2 ,0 00 y d3 ( C V ), w it h a m in im um o f on e D C P te st p er 2 50 f ee t o f ea ch st ru ct ur e le ng th . T es t e nt ir e la ye r. G & B -0 01 (0 21 15 -0 3) G & B -2 03 (0 21 70 -0 2) (a ) 21 18 (b ) 22 11 (c ) 22 12 (d ) 22 21 5. M oi st ur e C on te nt T es t D ur in g C om pa ct io n ( Se e N ot e 9) (a ) A gg re ga te S ur fa ci ng (b ) A gg re ga te B as e (c ) D ra in ab le A gg re ga te B as e (d ) Sh ou ld er B as e A gg re ga te 22 11 , 2 22 1, & Sp ec ia l P ro vi si on s 20 05 S pe c Bo ok â 20 13 S pe c Bo ok 1/ 1, 00 0 yd 3 20 05 S pe c bo ok : 1/ 1, 00 0 yd 3 or 1 0 te st s w hi ch ev er is le ss 20 13 S pe c Bo ok : O ne C on tr ac to r C om pa ni on /p ro je ct G & B -0 01 (0 21 15 -0 3) G & B -1 05 (2 18 50 -0 2) (e ) 22 15 (e ) Fu ll D ep th R ec la m at io n ( Se e N ot e 9) 22 15 o r Sp ec ia l P ro vi si on s 20 05 S pe c Bo ok â 20 13 S pe c Bo ok 1/ 6, 00 0 yd 2 20 05 S pe c bo ok : 1/ 6, 00 0 yd 2 20 13 S pe c Bo ok : â (f ) 21 05 2 10 6 (f ) A ll e m ba nk m en t m at er ia ls ( Se e N ot e 9) 21 05 , 2 10 6 & Sp ec ia l P ro vi si on s 20 05 S pe c Bo ok â 20 13 S pe c Bo ok 1/ 10 ,0 00 y d3 20 05 S pe c Bo ok 1/ 10 ,0 00 y d3 20 13 S pe c Bo ok O ne C on tr ac to r C om pa ni on /p ro je ct
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 11 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) Pa y It em N um be r M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um A ge nc y V er ifi ca tio n (A cc ep ta nc e) T es tin g (S ee N ot e 4) Fo rm N o. (S ee N ot e 5) R at e Si ze 21 05 21 06 21 18 22 11 22 12 22 21 6. P er ce nt C ru sh in g 31 36 , 3 13 8, 31 49 & Sp ec ia l P ro vi si on s 1/ D ay 2 pe r so ur ce 30 lb . G & B -1 03 (0 24 63 ) G & B -1 04 (2 43 46 -0 2) 21 05 21 06 21 18 22 06 22 11 22 12 22 21 24 51 25 02 7. A gg re ga te Q ua lit y (L A R , I ns ol ub le R es id ue , L it ho lo gi ca l E xa m & B itu m en C on te nt ) 1/ so ur ce (S ee N ot e 6) G & B -1 04 (2 43 46 -0 2) 22 15 8. D ep th C he ck Fu ll D ep th R ec la m at io n (F D R ) 31 35 o r Sp ec ia l P ro vi si on s 1/ 10 00 f ee t 1/ 30 00 f ee t I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) G en er al N ot es : S am pl in g an d T es tin g Pr oc ed ur es a re f ou nd in th e G ra di ng a nd B as e M an ua l i n Se ct io n 5- 69 2. 20 0. O bt ai n al l g ra da tio n, q ua lit y an d cr us hi ng sa m pl es a ft er s pr ea di ng a nd b ef or e co m pa ct io n. M od if y te st in g an d sa m pl in g pr ot oc ol f or in cr ea se s in P la n qu an tit ie s as f ol lo w s: Ti m e Pl an Q ua nt ity In cr ea se d Te st in g an d Sa m pl in g B ef or e C ol le ct io n of f ir st s am pl e. R eo rd er s am pl in g to a cc ou nt f or a dd iti on al q ua nt ity . A ft er C ol le ct io n of f ir st s am pl e, b ut b ef or e sa m pl in g is co m pl et e. C om pl et e te st in g of c ur re nt lo t, an d th en r eo rd er th e sa m pl in g us in g th e re m ai ni ng q ua nt ity . A ft er c ol le ct io n of a ll o ri gi na l P la n qu an tit y sa m pl es . O rd er s am pl in g fo r ad di tio na l q ua nt it y.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 12 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) N ot e 1: V er if ic at io n gr ad at io n sa m pl es a re n ot r eq ui re d fo r 28 0 yd 3 (C V ) (5 00 to ns ) or le ss . R ep or t s m al l q ua nt iti es o n Fo rm 0 24 15 o r 24 03 . ht tp :// w w w .d ot .s ta te .m n. us /c on st /to ol s/ fo rm s. ht m l . N ot e 2: P er fo rm C om pa ni on te st in g us in g di ff er en t eq ui pm en t an d pe rs on ne l fr om t he V er if ic at io n sa m pl e. O bt ai n th e C om pa ni on s am pl e as a s pl it sa m pl e fr om th e fi rs t A ge nc y V er if ic at io n sa m pl e, a nd in cl ud e th e gr ad at io n re su lts o n th e sa m pl e ca rd . L ab or at or ie s w it h A M R L a cc re di ta tio n th at a re p er fo rm in g th e A ge nc y V er if ic at io n te st in g ar e no t r eq ui re d to s ub m it c om pa ni on s am pl es . N ot e 3: C om pa ni on g ra da tio n an d pr oc to r, a nd V er if ic at io n cr us hi ng a nd a gg re ga te q ua lit y sa m pl es a re n ot r eq ui re d fo r 55 0 yd 3 (C V ) (1 ,0 00 to ns ) or le ss . N ot e 4: ⢠C ar bo na te a gg re ga te s re qu ir e 50 lb . s am pl es f or la b te st in g. ⢠Su bm it th e in iti al a gg re ga te q ua lit y an d cr us hi ng s am pl e fr om th e fi rs t d ay âs p ro du ct io n. ⢠T he c ru sh in g te st w ill n ot b e re qu ir ed w he n th e m at er ia l i s cr us he d fr om a q ua rr y. ⢠A s ec on d te st is r eq ui re d, w he n th e fi rs t t es t f ai ls . A ve ra ge b ot h te st s to d et er m in ed c om pl ia nc e, w he n tw o te st s ar e pe rf or m ed . ⢠N ot a ll qu al it y an d cr us hi ng te st s ar e re qu ir ed f or e ac h m at er ia l, se e sp ec if ic at io ns ⢠U se th e ta bl e be lo w a s a gu id el in e, d et er m in at io n of sp ec ifi c re qu ir ed te st s i s t hr ou gh th e Sp ec ifi ca tio ns a nd /o r th e Sp ec ia l P ro vi sio ns . N ot e 5: T es ts m ay b e re po rt ed o n G ra di ng a nd B as e fo rm s or o n M nD O T L IM s R ep or ts . Fo rm s ar e av ai la bl e on th e G ra di ng & B as e w eb si te a t: ht tp :// w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l N ot e 6: U se th e C en tr if ug e M et ho d (M nD O T L ab . M an ua l M et ho d 18 52 ) to d et er m in e bi tu m en c on te nt . N ot e 7: M aj or s oi l t yp es a re d ef in ed in th e T ri ax ia l C ha rt lo ca te d in th e G ra di ng a nd B as e M an ua l. N ot e 8: R eq ui re d on ly f or s pe ci fi ed d en si ty . N ot e 9: R eq ui re d du ri ng C om pa ct io n. F or Q ua lit y C om pa ct io n of S ho ul de r Su rf ac in g A gg re ga te ( 21 18 o r 22 21 ), th e E ng in ee r m ay r ep la ce th e m oi st ur e te st in g re qu ir em en t w it h ti m e st am pe d ph ot o do cu m en ta tio n of w at er b ei ng a pp li ed . N ot e 10 : P ro vi de g ra da ti on te st r es ul ts to th e E ng in ee r w it hi n th e fi rs t 5 00 f ee t ( 15 0 m ) of p ro du ct io n an d w ith in 5 00 f ee t ( 15 0 m ) af te r a fa ili ng g ra da tio n. N ot e 11 : T he C on tr ac to r m ay u se a o ne p oi nt P ro ct or , o r th e es ti m at ed o pt im um m oi st ur e co nt en t f or m ul a (F or m G & B - 30 5) to d et er m in e th e op tim um m oi st ur e.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 13 I. G ra di ng a nd B as e C on st ru ct io n It em s 2 00 5 an d 20 13 S pe c B oo k (w w w .d ot .s ta te .m n. us /m at er ia ls /g ra di ng an db as e. ht m l) Ta bl e: G ui de lin es fo r R eq ui re d C ru sh in g an d A gg re ga te Q ua lit y Te st s M at er ia l C ru sh in g B itu m en C on te nt LA R In so lu bl e R es id ue Li th ol og ic al E xa m & Sh al e Fl oa t T es t 31 36 D ra in ab le B as es Y es . N ot r eq ui re d fo r qu ar ri ed s ou rc es . N ot a pp lic ab le Y es Y es , i f so ur ce f ro m a ca rb on at e qu ar ry Y es , w he n no t f ro m qu ar ri ed s ou rc e. 31 38 A gg re ga te f or Su rf ac e an d B as e Y es f or C la ss 5 , 5 Q a nd 6 . T es t w ai ve d if m at er ia l c on ta in s re cy cl ed a t t w ic e th e m in im um cr us hi ng r eq ui re m en t. N ot r eq ui re d fo r qu ar ri ed s ou rc es . Y es , i f it co nt ai ns B it um en . Y es , i f so ur ce is ca rb on at e qu ar ry a nd do es n ot c on ta in bi tu m en . Y es , i f so ur ce f ro m a ca rb on at e qu ar ry , a nd do es n ot c on ta in bi tu m en . Y es f or C la ss 3 , 4 , 5 , 5Q a nd 6 , w he n no t fr om q ua rr ie d ro ck , an d do es n ot c on ta in bi tu m en . 31 49 G ra nu la r M at er ia l * Y es f or S ta bi li zi ng A gg re ga te , Fi ne A gg re ga te B ed di ng a nd M ed iu m F il te r A gg re ga te . T es t w ai ve d if m at er ia l c on ta in s re cy cl ed a t t w ic e th e m in im um cr us hi ng r eq ui re m en t. N ot r eq ui re d fo r qu ar ri ed s ou rc es . Y es , i f it co nt ai ns B it um en N ot a pp lic ab le Y es , i f so ur ce f ro m a ca rb on at e qu ar ry , a nd do es n ot c on ta in bi tu m en Y es f or M ed iu m F ilt er A gg re ga te * N ot e fo r 31 49 .2 D .2 G ra nu la r M at er ia ls - S tr uc tu ra l B ac kf ill , p er fo rm a ll te st s re qu ir ed o f 31 37 .2 B 3, s he ar a ng le te st ( A A SH T O T 23 6) a nd P ro ct or . G ra di ng a nd B as e C on ve rs io n fr om V ol um e (C V ) t o W ei gh t If po ss ib le , a lw ay s pe rf or m a p ro ct or f or th e m at er ia l i n qu es ti on to o bt ai n a co nv er si on f ac to r. O nl y us e th e fo llo w in g co nv er si on f ac to r fo r m at er ia ls m ee ti ng s pe ci fi ca ti on s 31 38 o r 31 49 S ta bi li zi ng A gg re ga te . M at er ia l m ay b e co m po se d of c ru sh ed li m es to ne , g ra ni te , g ne is s, q ua rt zi te , r ec yc le d m at er ia ls o r na tu ra l g ra ve l. D o no t u se th e co nv er si on f ac to r fo r cr us he d ba sa lt , t ac on ite , o r ot he r he av y or li gh t- w ei gh t a gg re ga te s. F or o th er m at er ia ls o r gr ad at io ns c on ta ct th e G ra di ng a nd B as e U ni t. T o co nv er t f ro m v ol um e to w ei gh t u se th e fo ll ow in g: 1 y d3 (C V ) = 1 .8 to ns . Se e th e G ra di ng a nd B as e M an ua l s ec ti on .4 30 f or f ur th er e xp la na tio n.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 14 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 N ot e: Pr oj ec ts w ith b itu m in ou s to nn ag e le ss th an o r eq ua l t o 30 0 to ns ( 27 2 m et ri c to ns ) pe r da y m ay b e ac ce pt ed o n a sm al l q ua nt ity b as is a t t he d is cr et io n of th e E ng in ee r. R et ai n Fo rm 0 24 15 o r Fo rm 2 40 3 in P ro je ct F il e. (A ll p la nt m ix ed a sp ha lt fr om C er ti fi ed P la nt s) D EF IN IT IO N S SA M PL E TY PE D ES C R IP T IO N SA M PL E LO C A T IO N D ET ER M IN ED B Y SA M PL E TA K EN B Y SA M PL E TE ST ED B Y Q C Q ua lit y C on tr ol T es tin g pe rf or m ed b y C on tr ac to r. A ls o kn ow n as P ro ce ss C on tr ol T es tin g. C on tr ac to r C on tr ac to r C on tr ac to r Q A Q ua lit y A ss ur an ce T es tin g pe rf or m ed b y th e A ge nc y. T hi s te st is p er fo rm ed o n a co m pa ni on s am pl e to th e C on tr ac to râ s Q C s am pl e. C on tr ac to r C on tr ac to r (m ix tu re ) A ge nc y (d en si ty c or es ) C on tr ac to r A ge nc y V er if ic at io n A s am pl e to a ss ur e co m pl ia nc e of th e C on tr ac to râ s Q ua lit y C on tr ol p ro gr am . T he r es ul ts s ha ll be in cl ud ed a s pa rt o f th e Q A T es tin g P ro gr am . A ge nc y A ge nc y A ge nc y V er if ic at io n C om pa ni on A c om pa ni on s am pl e to th e A ge nc yâ s V er if ic at io n sa m pl e pr ov id ed to th e C on tr ac to r. T he C on tr ac to r is re qu ir ed to te st th is s am pl e. T he r es ul ts s ha ll be u se d as p ar t o f th e Q C p ro gr am . A ge nc y A ge nc y C on tr ac to r IA ST T he I nd ep en de nt A ss ur an ce S am pl in g an d T es tin g as su re s te st er s ar e sa m pl in g an d te st in g pr op er ly a nd th at e qu ip m en t i s ca lib ra te d co rr ec tly . A ge nc y C on tr ac to r or A ge nc y C on tr ac to r or A ge nc y
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 15 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 (c on t.) A . Pr e- Pr od uc tio n Sa m pl in g an d T es tin g fo r Sp ec ifi ca tio n 23 60 P la nt M ix ed A sp ha lt M in im um S am pl e Si ze s: Q ua lit y Sa m pl e Si ze fo r La b Su bm itt al : P lu s #4 a gg re ga te s am pl e fo r qu al it y te st in g an d P er ce nt C ru sh in g 80 lb . ( 35 k g) M in us # 4 ag gr eg at e fo r qu al it y te st in g 35 lb . ( 15 k g) B itu m in ou s m ix tu re p lu s 2 G yr at or y sp ec im en s fo r vo lu m et ri c te st in g 8 0 lb . ( 35 k g) B itu m in ou s m ix tu re f or T SR te st in g (o pt io n A ) 8 0 lb . ( 35 k g) B itu m in ou s m ix tu re f or T SR te st in g pl us 6 G yr at or y sp ec im en s (o pt io n B ) 2 0 lb . ( 10 k g) M in er al f ill er . 2 lb ( 1 kg ) R A P f or Q ua lit y T es tin g 8 0 lb ( 35 k g) R A S (s hi ng le s) f or G ra da tio n an d Q ua li ty T es tin g 1 0 lb ( 5 kg ) A sp ha lt B in de r 1 q t (1 L ) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 60 B itu m in ou s M ix D es ig n (Q C /Q A ) 23 60 C on tr ac to r su bm its M ix D es ig n O pt io n 1 or O pt io n 2 O pt io n 1- L ab or at or y M ix D es ig n: I n ad di tio n to re vi ew in g th e T ri al M ix d at a (J M F) , t es t C on tr ac to r's m ix tu re ( at o pt im um a sp ha lt c on te nt ). A ls o, e va lu at e T SR p er 2 36 0. 2E 5a (3 ). O pt io n 2- L ab or at or y M ix D es ig n: R ev ie w s ub m itt ed M ix d at a on ly . A pp ro ve d M ix D es ig n R ep or t 23 60 A gg re ga te Q ua lit y T es tin g ( Q A o nl y) 23 60 P ro vi de 2 4 ho ur n ot ic e of in te nt to s am pl e ag gr eg at es f or qu al it y te st in g. A ge nc y ha s th e op tio n to m on ito r sa m pl in g. Su bm its to th e B itu m in ou s E ng in ee r or th e D is tr ic t M at er ia ls E ng in ee r on e (1 ) sa m pl e of e ac h no n- as ph al tic a gg re ga te ty pe o r cl as s pe r so ur ce p er y ea r. A ls o su bm it th e as ph al tic ag gr eg at e m at er ia l w he n th e m ix tu re c on ta in s R A P o r R A S . P ro vi de d oc um en ta tio n th at o f al l R A S /T O SS ( T ea r O ff Sh in gl e) m at er ia l i s fr om a M P C A c er ti fi ed s up pl ie r. T es t a s di re ct ed b y th e B itu m in ou s E ng in ee r or th e D is tr ic t M at er ia ls E ng in ee r. . T es t R ep or t 23 60 M in er al F ill er (Q A o nl y) 23 60 O ne ( 1) s am pl e pe r sh ip m en t o f 50 to ns ( 45 m et ri c to ns ) or le ss , u nl es s pr ev io us ly in sp ec te d. T es tin g as d ir ec te d by th e E ng in ee r or th e D is tr ic t M at er ia ls E ng in ee r. T es t R ep or t 23 60 A dd iti ve s (Q A O nl y) 23 60 Sa m pl e bl en de d as ph al t b in de r an d ad di tiv e, 1 q t. (1 L ). Sa m pl e fi rs t s hi pm en t o f ea ch ty pe o f m at er ia l, th en s ub m it on e sa m pl e pe r 25 0, 00 0 ga l. (1 ,0 00 m 3) (a pp ro xi m at el y 1, 00 0 to n) . T es tin g as d ir ec te d by th e E ng in ee r or th e C he m ic al L ab or at or y D ir ec to r. T es t r ep or t
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 16 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 (c on t.) B . B IT U M IN O U S PR O D U C T IO N fo r Sp ec ifi ca tio n 23 60 *V er if ic at io n T es tin g V er if ic at io n C om pa ni on te st in g fr om A ge nc y sp lit s am pl e is r eq ui re d to b e pe rf or m ed a nd u se d as th e ne xt Q C s am pl e th at d ay . S A M PL E SI ZE : A gg re ga te f or G ra da tio n (Q C /Q A ) 3 5 lb . ( 15 k g) P lu s #4 A gg re ga te T yp e fo r Q ua lit y T es tin g 8 0 lb . ( 35 k g) fo r ea ch s ou rc e M in us # 4 A gg re ga te T yp e fo r Q ua lit y T es tin g 3 5 lb . ( 15 k g) f or e ac h so ur ce R A P m at er ia l f or Q ua lit y T es tin g 80 lb . ( 35 k g) f or e ac h so ur ce R A S (S hi ng le s) f or P ro ce ss ed G ra da tio n an d Q ua li ty T es tin g 1 0 lb . ( 5 kg ) M ix tu re P ro pe rt ie s (Q C /Q A ) 3 fu ll 6" b y 12 " cy li nd er m ol ds f or Q A 6 5 lb . ( 30 k g) T SR ( Q C /Q A ) 4 fu ll 6 â by 1 2â c yl in de r m ol ds f or Q A 9 0 lb . ( 40 k g) A gg re ga te S pe ci fi c G ra vi ty ( Q C /Q A ) 90 lb . ( 40 k g) A sp ha lt B in de r (Q A ) 1 qt (1 L ) E m ul si fi ed A sp ha lt (Q A ) ½ g al ( 2 L ) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 60 A gg re ga te Q ua lit y T es tin g In cl ud in g ag gr eg at e sp ec if ic gr av it y ( Q A O nl y) 23 60 T ak e ad di tio na l s am pl es w he n ag gr eg at e qu al iti es ap pr oa ch s pe ci fi ca tio n li m it s or w he n m at er ia l v ar ia tio n is ob se rv ed , t ak e ad di tio na l f ie ld s am pl es a s re qu es te d by P ro je ct E ng in ee r. T ak e ad di tio na l s am pl es w he n m at er ia l v ar ia ti on is ob se rv ed in R A P o r R A S ta ke a dd iti on al f ie ld s am pl es a s re qu es te d by P ro je ct E ng in ee r. L ab r ep or t 23 60 M oi st ur e C on te nt in M ix tu re (Q C /Q A ) L ab M an ua l 18 55 23 60 Sa m pl e an d te st a s di re ct ed b y th e E ng in ee r. T es t S um m ar y Sh ee t (T SS )
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 17 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 60 A sp ha lt B in de r C on te nt , % A C , A D D A C , A C /T ot al A C ra tio ( Q C /Q A , V er if ic at io n* ) L ab M an ua l 18 51 , 1 85 2, 1 85 3 23 60 ( a) I nc in er at or O ve n M nD O T L ab M an ua l 1 85 3 ( b) C he m ic al E xt ra ct io n M nD O T L ab M an ua l 1 85 1 or 1 85 2 R E M A R K S: C on tr ac to r se le ct s on e m et ho d at th e be gi nn in g of th e pr oj ec t ( w he n m at er ia l i s su bm itt ed f or T ri al M ix R ev ie w ) an d us e th at m et ho d fo r th e en tir e pr oj ec t. T he C on tr ac to r an d E ng in ee r m ay a gr ee to c ha ng e te st pr oc ed ur es d ur in g th e co ns tr uc tio n of th e P ro je ct . Se e N ot e #1 , N ot e #2 & N ot e #4 . A c om pu te r fi le o f th e pl an tâ s co nt ro l s et tin gs is r eq ui re d ev er y 20 m in ut es o f pr od uc tio n. T he i ns pe ct or w ill w it ne ss a ll Q C m ix tu re s am pl in g an d ta ke po ss es si on of th ei r Q A -V er if ic at io n sp lit of th is sa m pl e im m ed ia te ly a ft er t he s am pl e is s pl it. A t th e en d of t he d ay r an do m ly s ub m it on e of t he Q A -V er if ic at io n sp lit s to th e D is tr ic t L ab fo r te st in g. A dd iti on al ve ri fi ca tio n sa m pl es c an b e ta ke n at a ny t im e or l oc at io n. W he n ad di tio na l ve ri fi ca tio n sa m pl es ar e ta ke n th e co nt ra ct or m us t te st t he V er if ic at io n co m pa ni on s pl it o f th is s am pl e an d in cl ud e th e re su lt s in t he Q C p ro gr am (T es t S um m ar y S he et ). T he A ge nc y re vi ew s th e co m pu te r fi le s of th e pl an tâ s co nt ro l s et tin gs . R E M A R K S: S ee N ot e # 3 & N ot e #7 T SS 23 60 M ix tu re P ro pe rt ie s (Q C /Q A , V er if ic at io n* ) M ax im um Sp ec if ic G ra vi ty L ab M an ua l 1 80 7 23 60 C on tr ac to r pe rf or m s te st 1 80 7 R E M A R K S: S ee N ot e #1 , N ot e #2 , & N ot e #4 . T he i ns pe ct or w ill w it ne ss a ll Q C m ix tu re s am pl in g an d ta ke po ss es si on of th ei r Q A -V er if ic at io n sp lit of th is sa m pl e im m ed ia te ly a ft er t he s am pl e is s pl it. A t th e en d of t he d ay r an do m ly s ub m it on e of t he Q A -V er if ic at io n sp lit s to th e D is tr ic t L ab fo r te st in g. A dd iti on al ve ri fi ca tio n sa m pl es c an b e ta ke n at a ny t im e or l oc at io n. W he n ad di tio na l ve ri fi ca tio n sa m pl es ar e ta ke n th e co nt ra ct or m us t te st t he V er if ic at io n co m pa ni on s pl it o f th is s am pl e an d in cl ud e th e re su lt s in t he Q C p ro gr am (T es t S um m ar y S he et ). R E M A R K S: N ot e # 3 & N ot e #7 T SS 23 60 M ix tu re P ro pe rt ie s (Q C /Q A , V er if ic at io n* ) G yr at or y B ul k Sp ec if ic G ra vi ty - 2 Sp ec im en A ve ra ge , L ab M an ua l 18 06 , 1 82 0 23 60 C on tr ac to r pe rf or m s te st 1 80 6 R E M A R K S: S ee N ot e #1 , N ot e #2 , & N ot e #6 . T he i ns pe ct or w ill w it ne ss a ll Q C m ix tu re s am pl in g an d ta ke po ss es si on of th ei r Q A -V er if ic at io n sp lit of th is sa m pl e im m ed ia te ly a ft er t he s am pl e is s pl it. A t th e en d of t he d ay r an do m ly s ub m it on e of t he Q A -V er if ic at io n sp lit s to th e D is tr ic t L ab fo r te st in g. A dd iti on al ve ri fi ca tio n sa m pl es c an b e ta ke n at a ny t im e or l oc at io n. W he n ad di tio na l ve ri fi ca tio n sa m pl es ar e ta ke n th e co nt ra ct or m us t te st t he V er if ic at io n co m pa ni on s pl it o f th is s am pl e an d in cl ud e th e re su lt s in t he Q C p ro gr am (T es t S um m ar y S he et ). R E M A R K S: S ee N ot e #3 & N ot e #7 . T SS
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 18 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 60 M ix tu re P ro pe rt ie s (Q C /Q A , V er if ic at io n* ) A dj us te d A sp ha lt Fi lm T hi ck ne ss (A FT ), A ir V oi ds , Fi ne s to e ff ec ti ve , C A A , F A A a nd G ra da tio n. L ab M an ua l 12 03 , 1 20 6, 1 21 4, 18 08 , 18 54 23 60 V er if ic at io n C om pa ni on te st in g fr om A ge nc y sp lit s am pl e is re qu ir ed a nd u se d as a Q C s am pl e on ce p er d ay . B itu m in ou s m ix es c om po se d en tir el y of C la ss A a nd /o r C la ss B a gg re ga te s ar e no t r eq ui re d to b e te st ed f or C A A (C oa rs e A gg re ga te A ng ul ar it y) . R E M A R K S: S ee N ot e #1 , N ot e #2 , N ot e #4 , N ot e #5 , & N ot e #6 . T he p ro du ct io n st ar t- up te st in g ra te s fo r th e C A A a nd F A A is 1 p er 1 00 0 to ns f or th e fi rs t 2 00 0 to ns . A ft er 2 00 0 to ns , 2 te st p er d ay f or a t l ea st tw o da ys . T he n C A A a nd F A A a t a ra te o f 1 te st p er w ee k, if th e C A A a nd F A A e xc ee d th e re qu ir em en ts b y 8% a nd 5 % r es pe ct iv el y, o th er w is e te st da il y. T he i ns pe ct or w il l w it ne ss a ll Q C m ix tu re s am pl in g an d ta ke po ss es si on of th ei r Q A -V er if ic at io n sp lit of th is sa m pl e im m ed ia te ly a ft er t he s am pl e is s pl it. A t th e en d of th e da y ra nd om ly s ub m it o ne o f th e Q A -V er if ic at io n sp lit s to th e D is tr ic t L ab fo r te st in g. A dd iti on al ve ri fi ca ti on sa m pl es ca n be ta ke n at an y ti m e or lo ca tio n. W he n ad di tio na l ve ri fi ca tio n sa m pl es ar e ta ke n th e co nt ra ct or m us t te st t he V er if ic at io n co m pa ni on s pl it of t hi s sa m pl e an d in cl ud e th e re su lts i n th e Q C p ro gr am ( T es t Su m m ar y Sh ee t) . R E M A R K S: S ee N ot e # 3 & N ot e #7 . T SS 23 60 C or e D en si ty a nd T hi ck ne ss L ab m an ua l 18 10 23 60 C on tr ac to r cu ts tw o co re s at e ac h lo ca tio n. I n th e la bo ra to ry , m ea su re , a nd s aw c or es in to s ep ar at e lif ts . S aw in g of c or es in to s ep ar at e lif ts is r eq ui re d. Sc he du le th e ap pr ox im at e ti m e of te st in g du ri ng n or m al pr oj ec t w or k ho ur s so th e A ge nc y m ay o bs er ve a nd r ec or d th e sa tu ra te d su rf ac e dr y an d im m er se d w ei gh t o f th e co re s. A c om pl et ed C or e D en si ty I nc en ti ve /D is in ce nt iv e w or ks he et is to b e su bm itt ed to th e L ab or at or y (A ge nc y fi el d or D is tr ic t/D iv is io n) . C om pl et e co re s ta tio ni ng s pr ea ds he et to d et er m in e co re lo ca tio ns a nd th en m ar k al l c or in g lo ca tio ns o n th e pa ve m en t. O nc e th e C on tr ac to r ha s m ea su re d an d sa w ed th e A ge nc y co m pa ni on c or es tr an sp or t t he m to th e A ge nc y fi el d la b or D is tr ic t L ab f or te st in g. T ra ns po rt th e co re s as s oo n as po ss ib le to th e te st in g la b ta ki ng c ar e to p re ve nt d am ag e du e to im pr op er h an dl in g or e xp os ur e to h ea t. Se le ct s at le as t o ne o f th e tw o co m pa ni on c or es p er lo t t o te st f or v er if ic at io n. R E M A R K S: N ot e #3 & N ot e #6 . C or e D en si ty W or ks he et C or e D en si ty In ce nt iv e/ D is in ce nt iv e w or ks he et . 23 60 T en si le S tr en gt h R at io ( T .S .R .) (Q C /Q A ) L ab M an ua l 18 13 23 60 Sa m pl e as d ir ec te d by th e E ng in ee r. W he n te st in g is re qu ir ed , c om pl et e te st in g w it hi n 72 h ou rs a ft er th e sa m pl e is ta ke n. T es t a s di re ct ed b y th e E ng in ee r. W he n te st in g is r eq ui re d, co m pl et e te st in g w it hi n 72 h ou rs a ft er th e sa m pl e is ta ke n. T SR W or ks he et
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 19 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 (c on t.) C . B IT U M IN O U S M A TE R IA LS fo r Sp ec ifi ca tio n 23 60 O nl y B itu m in ou s M at er ia ls f ro m C er ti fi ed S ou rc es a re a llo w ed f or u se . T he m os t c ur re nt li st o f C er tif ie d So ur ce s: h ttp :/ /w w w .d ot .s ta te .m n. us /p ro du ct s/ in de x. ht m l M in im um S am pl e Si ze s: Q ua lit y Sa m pl e Si ze fo r La b Su bm itt al : A sp ha lt B in de r (Q A )/ C ut ba ck A sp ha lt (Q A ) 1 qt ( 1 L ) M et al c an w it h pr es su re f it lid E m ul si fi ed A sp ha lt (Q A ) ½ g al ( 2 L ) pl as tic Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 60 A sp ha lt B in de r (Q A o nl y) 31 51 .2 A sp ha lt S up pl ie r Q C te st in g is th e re sp on si bi lit y of th e bi tu m in ou s m at er ia l su pp lie r as p ar t o f th e C om bi ne d St at e B in de r C er tif ic at io n pr og ra m . D ur in g A sp ha lt M ix tu re P ro du ct io n O bt ai n as ph al t b in de r sa m pl es f ro m a s am pl in g va lv e lo ca te d be tw ee n th e pu m p an d th e dr um . Sa m pl e ea ch ty pe of a sp ha lt bi nd er u se d in m ix tu re p ro du ct io n af te r 50 to ns o f m ix tu re h as b ee n pr od uc ed , t he n sa m pl e at a r at e of o ne p er 25 0, 00 0 ga l [ 1, 00 0, 00 0 L ]. A m in im um o f 1 ga llo n of bi nd er m us t b e dr aw n an d w as te d fr om th e sa m pl in g va lv e be fo re th e ac tu al s am pl e is d ra w n. F or b at ch p la nt s, o bt ai n th e as ph al t b in de r sa m pl e fr om th e w ei gh p od . P ro vi de a sp ha lt bi nd er s am pl e in c le an o ne L ( 1 qt ) st ee l co nt ai ne r. T he I ns pe ct or w il l m on ito r th e sa m pl in g th e C on tr ac to r pe rf or m s. A sp ha lt S up pl ie r R an do m s am pl in g of b it um in ou s m at er ia l a t t he a sp ha lt su pp lie r is d is cu ss ed in th e C om bi ne d St at e B in de r C er tif ic at io n pr og ra m a rr an ge d by th e M nD O T C he m ic al L ab or at or y. D ur in g A sp ha lt M ix tu re P ro du ct io n O bs er ve c on tr ac to r pe rs on ne l t ak in g sa m pl e fr om sa m pl in g va lv e an d su bm it to M nD O T C he m ic al L ab 24 13 A sp ha lt Sa m pl e Id en tif ic at io n C ar d 22 01 23 55 23 56 23 57 25 14 E m ul si fi ed A sp ha lt ( Q A o nl y) 31 51 .2 Q C te st in g is th e re sp on si bi lit y of th e bi tu m in ou s m at er ia l su pp lie r as p ar t o f th e C om bi ne d St at e B in de r C er tif ic at io n pr og ra m . T ac k C oa t D ur in g m ix tu re p ro du ct io n th e C on tr ac to r w il l s am pl e fi rs t sh ip m en t, th en s ub m it on e sa m pl e pe r 50 ,0 00 g al ( 20 0, 00 0 L ). S am pl e em ul si fi ed a sp ha lt in c le an ½ g al ( 2 L ) pl as ti c co nt ai ne r w it h w id e sc re w to p an d se nd to M nD O T C he m ic al L ab w it hi n 7 da ys o f sa m pl in g. . Sa m pl e al l em ul si fi ed a sp ha lt fr om th e di st ri bu to r. A sp ha lt S up pl ie r R an do m s am pl in g of b it um in ou s m at er ia l a t t he a sp ha lt su pp lie r is d is cu ss ed in th e C om bi ne d St at e B in de r C er tif ic at io n pr og ra m a rr an ge d by th e M nD O T C he m ic al L ab or at or y. T ac k C oa t O bs er ve c on tr ac to r pe rs on ne l t ak in g sa m pl e fr om th e di st ri bu to r an d su bm it to M nD O T C he m ic al L ab . 24 13 A sp ha lt Sa m pl e Id en tif ic at io n C ar d
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 20 II . B itu m in ou s C on st ru ct io n It em s f or S pe ci fic at io n 23 60 (c on t.) 23 57 23 58 25 14 C ut ba ck A sp ha lt (Q A o nl y) 31 51 .2 Q C te st in g is th e re sp on si bi lit y of th e bi tu m in ou s m at er ia l su pp lie r as p ar t o f th e C om bi ne d St at e B in de r C er tif ic at io n pr og ra m . T ac k C oa t D ur in g m ix tu re p ro du ct io n th e C on tr ac to r w il l s am pl e fi rs t sh ip m en t, th en s ub m it on e sa m pl e pe r 50 ,0 00 g al ( 20 0, 00 0 L ). S am pl e em ul si fi ed a sp ha lt in c le an ½ g al ( 2 L ) pl as ti c co nt ai ne r w it h w id e sc re w to p an d se nd to M nD O T C he m ic al L ab w it hi n 7 da ys o f sa m pl in g. . Sa m pl e al l e m ul si fi ed as ph al t f ro m th e di st ri bu to r. A sp ha lt S up pl ie r R an do m s am pl in g of b it um in ou s m at er ia l a t t he a sp ha lt su pp lie r is d is cu ss ed in th e C om bi ne d St at e B in de r C er tif ic at io n pr og ra m a rr an ge d by th e M nD O T C he m ic al L ab or at or y. T ac k C oa t O bs er ve c on tr ac to r pe rs on ne l t ak in g sa m pl e fr om th e di st ri bu to r. C ut ba ck A sp ha lt s ho ul d on ly b e us ed in c ol d te m pe ra tu re a pp lic at io ns w it h th e E ng in ee râ s ap pr ov al . C on ta ct B it um in ou s E ng in ee ri ng U ni t f or c ol d te m pe ra tu re ap pl ic at io n gu id el in es . 24 13 A sp ha lt Sa m pl e Id en tif ic at io n C ar d N ot e #1 A ll Q A te st s am pl es s ha ll be f ro m s pl it s am pl es . If a m em be r of th e m on it or in g te am o bs er ve s th e C on tr ac to r T es t, no te a nd s ig n un de r re m ar ks . T he P ro je ct E ng in ee r is r es po ns ib le f or : 1. ) R ev ie w in g co nt ro l c ha rt s & T es t s um m ar y sh ee ts f or a cc ur ac y an d co m pl et en es s, 2. ) C he ck in g sa m pl in g an d te st in g pr oc ed ur es , 3. ) D is cu ss in g Q C p ro bl em s w it h th e C on tr ac to r, 4. ) O bt ai ni ng V er if ic at io n Sa m pl es N ot e #2 F or M ix tu re Q ua lit y M an ag em en t, ac ce pt an ce w il l b e ba se d on C on tr ac to r's te st r es ul ts a s ve ri fi ed b y M nD O T te st r es ul ts . N ot e #3 W he n a m em be r of a m on it or in g te am o bs er ve s th e C on tr ac to r te st , n ot e an d si gn u nd er r em ar ks . N ot e #4 H ow to c al cu la te th e nu m be r of te st s pe r da y Pr od uc tio n St ar t- up te st in g ra te s (f ir st 2 00 0 to ns o f pr od uc tio n) Pr od uc tio n te st in g ra te s (a ft er 2 ,0 00 t on s of m ix tu re p ro du ce d) D iv id e da il y to nn ag e by 5 00 a nd r ou nd u p to n ex t w ho le n um be r 1 te st / 5 00 to ns D iv id e da il y to nn ag e by 1 00 0 an d ro un d up to n ex t w ho le n um be r 1 te st / 1 00 0 to ns N ot e #5 M nD O T p ro je ct s w il l r eq ui re th e ca lc ul at ed A dj us te d A sp ha lt Fi lm T hi ck ne ss ( A FT ). V M A w ill s til l b e ca lc ul at ed f or in fo rm at io na l p ur po se s, b ut w ill n ot be u se d fo r ac ce pt an ce c ri te ri a. T he a dj us te d A FT w ill b e ca lc ul at ed e ac h ti m e a gr ad at io n te st is r eq ui re d. N ot e #6 R an do m n um be r ge ne ra tio n an d de te rm in at io n of r an do m s am pl e lo ca tio n sh al l b e co ns is te nt w ith th e M nD O T B it um in ou s M an ua l S ec tio n 5- 69 3. 7 T ab le A o r Se ct io n 5 of A ST M D 36 65 . T he E ng in ee r m ay a pp ro ve a lte rn at e m et ho ds o f ra nd om n um be r ge ne ra tio n. N ot e #7 Q A s am pl es r et ai ne d fo r 10 c al en da r da ys a nd te st ed , i f ne ed ed . Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 21 II I. C on st ru ct io n It em s f or B itu m in ou s S pe ci al ty It em s i nc lu de th e fo llo w in g: ⢠23 50 P er m ea bl e A sp ha lt St ab ili ze d St re ss R el ie f C ou rs e (P A SS R C ) a nd P er m ea bl e A sp ha lt St ab ili ze d B as e (P A SB ) ⢠23 54 M ic ro -S ur fa ci ng ⢠23 55 B itu m in ou s F og S ea l ⢠23 56 B itu m in ou s S ea l C oa t ⢠23 56 O tta S ea l ⢠23 56 U ltr a- Th in B on de d W ea ri ng C ou rs e (U TB W C ) ⢠23 57 B itu m in ou s T ac k C oa t ⢠23 60 S to ne M at ri x A sp ha lt (S M A ) O nl y Bi tu m in ou s M at er ia ls fr om C er tif ie d So ur ce s a re a llo w ed fo r us e. T he m os t c ur re nt li st o f C er tif ie d So ur ce s: ht tp :// w w w .d ot .st at e. m n. us /p ro du ct s/i nd ex .h tm l SA M PL E TY PE D ES C R IP T IO N SA M PL E LO C A T IO N D ET ER M IN ED B Y SA M PL E TA K EN B Y SA M PL E TE ST ED B Y Q C Q ua lit y C on tr ol T es tin g pe rf or m ed b y C on tr ac to r. A ls o kn ow n as P ro ce ss C on tr ol T es tin g. C on tr ac to r C on tr ac to r C on tr ac to r Q A Q ua lit y A ss ur an ce T es tin g pe rf or m ed b y th e A ge nc y. T hi s te st is p er fo rm ed o n a co m pa ni on s am pl e to th e C on tr ac to râ s Q C s am pl e. C on tr ac to r C on tr ac to r (m ix tu re ) A ge nc y (d en si ty c or es ) C on tr ac to r A ge nc y V er if ic at io n A s am pl e to a ss ur e co m pl ia nc e of th e C on tr ac to râ s Q ua lit y C on tr ol p ro gr am . T he r es ul ts s ha ll be in cl ud ed a s pa rt o f th e Q A T es tin g P ro gr am . A ge nc y A ge nc y A ge nc y V er if ic at io n C om pa ni on A c om pa ni on s am pl e to th e A ge nc yâ s V er if ic at io n sa m pl e pr ov id ed to th e C on tr ac to r. T he C on tr ac to r is re qu ir ed to te st th is s am pl e. T he r es ul ts s ha ll be u se d as p ar t o f th e Q C p ro gr am . A ge nc y A ge nc y C on tr ac to r IA ST T he I nd ep en de nt A ss ur an ce S am pl in g an d T es tin g as su re s te st er s ar e sa m pl in g an d te st in g pr op er ly a nd th at e qu ip m en t i s ca lib ra te d co rr ec tly . A ge nc y C on tr ac to r or A ge nc y C on tr ac to r or A ge nc y
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 22 II I. C on st ru ct io n It em s f or B itu m in ou s S pe ci al ty It em s ( co nt .) Pa y It em N um be r Te st T yp e M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um S am pl e Si ze M in im um A ge nc y Q A /V er ifi ca tio n (A cc ep ta nc e) Fo rm N o. (a ) 23 50 (b ) 23 50 1. M ix D es ig n (P re -P ro du ct io n) (a ) P A SS R C (b ) P A SB 23 50 C om pl et e 1 Jo b M ix F or m ul a (g ra da tio n bl en d on ly ) pe r m ix Su bm it to a ge nc y: 10 0 lb s ea ch c oa rs e ag g. , 3 5 lb s ea ch f in e ag g. & 4 q t. as ph al t b in de r A ge nc y P er fo rm s M ix D es ig n A pp ro ve d M ix D es ig n R ep or t (c ) 23 54 (c ) M ic ro - Su rf ac in g 23 54 C om pl et e 1 m ix d es ig n pe r ag gr eg at e so ur ce . S ee sp ec if ic at io n or s pe ci al p ro vi si on . Su bm it to A ge nc y: 1 50 lb s ag gr eg at e R ev ie w S ub m itt ed M ix D es ig n (S ee N ot e 1) A pp ro ve d M ix D es ig n R ep or t (d ) 23 56 (d ) B itu m in ou s Se al C oa t 23 56 A t l ea st tw o w ee ks b ef or e be gi nn in g co ns tr uc tio n co m pl et e 1 de si gn p er m ix a nd p ro vi de in fo rm at io n to E ng in ee r. S ee sp ec if ic at io n or s pe ci al p ro vi si on . Su bm it to A ge nc y: 1 50 lb s ag gr eg at e R ev ie w S ub m itt ed M ix D es ig n (S ee N ot e 1) (e ) 23 56 (e ) U T B W C 23 56 U T B W C C om pl et e an d su bm it 1d es ig n pe r m ix R ev ie w S ub m itt ed M ix D es ig n A pp ro ve d M ix D es ig n R ep or t (f ) 23 60 (f ) SM A 23 60 SM A C om pl et e 1 d es ig n pe r m ix Su bm it to A ge nc y: 8 0 lb . ( 35 k g) - b itu m in ou s m ix tu re p lu s 6 G yr at or y sp ec im en s fo r T SR te st in g. 15 0l bs + 4 ag gr eg at e fr om J M F bl en d fo r V C A 80 lb s ea ch c oa rs e ag g. & 3 0 lb s ea ch f in e ag g fo r qu al it y te st in g R ev ie w & v er if y S ub m itt ed M ix D es ig n T es t a s di re ct ed b y th e E ng in ee r A pp ro ve d M ix D es ig n R ep or t (a ) 23 50 (b ) 23 50 2. Pr od uc tio n G ra da tio n (a ) P A SS R C (b ) P A SB L ab m an ua l 12 02 , 1 20 3 23 50 O ne p er 1 ,0 00 to n w it h a m in im um o f on e pe r da y Su bm it to A ge nc y: 3 5 lb s N ot e # 2 1/ da y T es t R ep or t (c ) 23 54 (c ) M ic ro - Su rf ac in g L ab m an ua l 12 02 , 1 20 3 23 54 St oc kp ile : 1/ 1, 50 0 to ns ( m in . 1 / d ay ) M ac hi ne H op pe r: 1 /5 00 to ns ( m in . 1 /d ay ) Su bm it to A ge nc y: 3 0 lb s 1/ 15 00 T on o r m in 1 p er p ro je ct w hi ch ev er is g re at er . T es t R ep or t
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 23 II I. C on st ru ct io n It em s f or B itu m in ou s S pe ci al ty It em s ( co nt .) Pa y It em N um be r Te st T yp e M at er ia l Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um S am pl e Si ze M in im um A ge nc y Q A /V er ifi ca tio n (A cc ep ta nc e) Fo rm N o. (d ) 23 56 (e ) 23 56 (d ) B itu m in ou s Se al C oa t (e ) O tta S ea l L ab m an ua l 12 02 , 1 20 3 23 56 St oc kp ile : 1/ 1, 50 0 to ns ( m in . 1 / d ay ) C hi p Sp re ad er H op pe r: 1 /d ay Su bm it to A ge nc y : 3 0 lb s fr om H op pe r 1/ da y T es t R ep or t (a ) 23 50 (b ) 23 50 3. P ro du ct io n % C ru sh in g (C A A ) (a ) P A SS R C (b ) P A SB L ab m an ua l 12 14 23 50 O ne p er 1 ,0 00 w ith a m in im um o ne p er d ay Su bm it to A ge nc y: 3 5 lb s fr om B el t 1/ da y T es t R ep or t (a ) 23 54 4. M oi st ur e (I n A gg re ga te ) (a )M ic ro - Su rf ac in g G ra di ng & B as e m an ua l, 5- 69 2. 24 5. B 23 54 M ac hi ne H op pe r: 1 /5 00 to ns ( m in . 3 /d ay ) Su bm it to A ge nc y: 2 lb s 1/ da y T es t R ep or t (a ) 23 54 5. S an d Eq ui va le nc e (a ) M ic ro - Su rf ac in g A A SH T O T 1 76 23 54 St oc kp ile o r M ac hi ne H op pe r: 1 /5 00 to ns ( m in . 1 /d ay ) Su bm it to A ge nc y: 2 5 lb s 1/ da y T es t R ep or t (a )2 35 6 6. F la ki ne ss In de x (a ) B itu m in ou s Se al C oa t L ab M an ua l 1 22 3 23 56 Sa m pl e ta ke n fr om f ir st lo ad o n fi st d ay Su bm it to A ge nc y: 3 0 lb s Se e N ot e 1 T es t R ep or t (a ) 23 56 7. B itu m in ou s M ix tu re T es ts (a ) U T B W C L ab M an ua l 1 20 3, 18 07 , 1 85 2, 1 85 3, 18 54 23 56 U T B W C T es ts : % A C , G ra da tio n, M ax G ra vi ty , A dj us te d A FT R at e: ( 1/ 30 0 to ns , m in . 1 p er d ay ) N ot e #3 : Su bm it to A ge nc y: 20 lb s (1 c yl in de r fr om tr uc k bo x) 1 pe r da y T SS
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 24 II I. C on st ru ct io n It em s f or B itu m in ou s S pe ci al ty It em s ( co nt .) Pa y It em N um be r Te st ty pe Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um S am pl e Si ze M in im um A ge nc y Q A /V er ifi ca tio n (A cc ep ta nc e) Fo rm (b ) 23 50 (b ) P A SS R C , P A SB B it M an ua l 31 51 T es t: A sp ha lt sp ot c he ck R at e: m in im um o ne p er d ay T es t R ep or t c) 2 36 0 (c ) SM A L ab M 12 03 ,1 20 4, 1 20 5, 12 11 , 1 21 4, 1 80 6, 18 07 , 1 80 8, 1 81 3, 18 53 , 1 85 4, 1 85 5, A I SP -2 A A SH T O T 30 5 23 60 SM A Te st s: % A C , G ra da tio n, M ax G ra vi ty , B ul k G ra vi ty , V oi ds , V M A , C A A , D ra in do w n, , vo id s in c oa rs e ag gr eg at e (V C A ) fi ne s/ ef fe ct iv e as ph al t. R at e: (1 /1 00 0 to ns , m in . 1 p er d ay ) A gg re ga te s p gr av it y, m ix m oi st ur e co nt en t t o be te st ed a s di re ct ed b y th e E ng in ee r Se e N ot e: # 3 Su bm it co m pa ni on 1 p er d ay to a ge nc y: 65 lb . ( 30 k g) 3 f ul l 6 " by 1 2" c yl in de r m ol ds Te st s: % A C , G ra da tio n, M ax G ra vi ty , B ul k G ra vi ty , V oi ds , V M A , C A A , v oi ds in c oa rs e ag gr eg at e (V C A ) fi ne s/ ef fe ct iv e as ph al t. Se e N ot e # 3 & N ot e #4 T SS (b ) 23 56 8. A sp ha lt B in de r (b ) U T B W C 23 56 U T B W C 31 51 Q C te st in g is th e re sp on si bi lit y of th e bi tu m in ou s m at er ia l su pp lie r. R an do m s am pl in g is a rr an ge d by th e M nD O T C he m ic al L ab or at or y. A sp ha lt B in de r: F ir st lo ad , t he n 1/ 25 0, 00 0 ga l. 1 qt E m ul si fi ed A sp ha lt: F ir st lo ad , t he n 1/ 50 ,0 00 g al . ½ g al * O bs er ve c on tr ac to r pe rs on ne l t ak in g sa m pl e fr om sa m pl in g va lv e an d su bm it to M nD O T C he m ic al L ab . T es t R ep or t (c ) 23 54 (d ) 23 56 (e ) 23 56 (f ) 23 57 (c ) M ic ro - Su rf ac in g (d ) B itu m in ou s Se al C oa t (e ) O tta S ea l (f ) B itu m in ou s T ac k C oa t 23 54 , 23 56 , 31 51 Q C te st in g is th e re sp on si bi lit y of th e bi tu m in ou s m at er ia l su pp lie r. R an do m s am pl in g is a rr an ge d by th e M nD O T C he m ic al L ab or at or y. Fi rs t l oa d, th en 1 / 50 ,0 00 g al . ½ g al * T es t R ep or t (g ) 23 60 (g ) P A SS R C , P A SB (h ) SM A 31 51 , 23 60 SM A Q C te st in g is th e re sp on si bi lit y of th e bi tu m in ou s m at er ia l su pp lie r. R an do m s am pl in g is a rr an ge d by th e M nD O T C he m ic al L ab or at or y. A sp ha lt B in de r (1 q t) : F ir st lo ad , t he n 1/ 25 0, 00 0 ga l. N ot e: S M A to b e te st a s in S ec tio n C . B IT U M IN O U S M A T E R IA L S fo r Sp ec if ic at io n 23 60 O bs er ve c on tr ac to r pe rs on ne l t ak in g sa m pl e an d su bm it to M nD O T C he m ic al L ab . N ot e: S M A to b e te st a s in S ec tio n C . B IT U M IN O U S M A T E R IA L S fo r Sp ec if ic at io n 23 60 . T es t R ep or t
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 25 II I. C on st ru ct io n It em s f or B itu m in ou s S pe ci al ty It em s ( C on t.) Pa y It em N um be r Te st ty pe Sp ec . N o. M in im um C on tr ac to r Q ua lit y C on tr ol T es tin g R at e M in im um S am pl e Si ze M in im um A ge nc y Q A /V er ifi ca tio n (A cc ep ta nc e) Fo rm (a ) 23 54 9. A sp ha lt B in de r A pp lic at io n R at e (a ) M ic ro - Su rf ac in g 23 54 V er if y A pp lic at io n ra te 3/ da y V er if y A pp lic at io n ra te 1/ da y (b ) 23 55 (c ) 23 56 (d ) 23 56 (e ) 23 57 (b ) Fo g Se al (c ) B itu m in ou s Se al C oa t (d ) O tta S ea l (e ) B it T ac k C oa t 23 55 , 23 56 , 23 57 V er if y A pp lic at io n ra te 1/ da y V er if y A pp lic at io n ra te 1/ da y 23 99 10 . In er tia l Pr of ile r 23 99 P as s A nn ua l C er ti fi ca tio n at M N R O A D P er fo rm a s id e by s id e co m pa ri so n w it h th e M nD O T I P on ce a y ea r. P ro fi le Su m m ar y *U se p la st ic c on ta in er s f or E m ul sif ie d A sp ha lt Sa m pl es . Se nd to M nD O T C he m ic al L ab w ith in 7 d ay s o f s am pl in g. N ot e 1: C on tr ac to r su bm it s sa m pl es to A ge nc y. A ge nc y w il l t es t a t t he ir d is cr et io n, b as ed u po n pr io r ex pe ri en ce w ith s ub m it te d ag gr eg at e. N ot e 2: R un te st o n gr ad at io n sa m pl e ta ke n fr om a gg re ga te b el t N ot e 3: T SR te st in g on p ro du ct io n m ix tu re is a t t he d is cr et io n of th e E ng in ee r. N ot e 4: A ge nc y is n ot r eq ui re d to r un d ra in do w n te st in g on Q A /V er if ic at io n sa m pl es .
MnDOT SD-15 March 15, 2013 Schedule of Materials Control P a g e 26 IV. Concrete Construction Items (www.dot.state.mn.us/materials/concrete.html) The testing rates shown in this Schedule of Materials Control are minimums. All samples shall be taken in a random manner using an appropriate number generator. Take as many tests as necessary to ensure quality concrete. All field samples shall be taken at the point of placement unless otherwise allowed by the Engineer. It is recommended that the Agency Plant Monitor be present during critical pours, such as superstructure or paving concrete (i.e. 3Y33, 3Y36, 3Y46, 3A21). If any field test fails, reject the concrete or if the Producer makes adjustments to the load to meet requirements, record the adjustments on the Certificate of Compliance and the Weekly Concrete Report. Retest the load and record the adjusted test results. Make sure the next load is tested before it gets into the work. If batching adjustments are made at the plant, test the adjusted load, before it gets into the work. Continue to test the concrete when test results are inconsistent or marginal. The first load of concrete for any pour must have passing air content and slump results, prior to placing. Material not meeting requirements shall not knowingly be placed in the work. If failing concrete inadvertently gets placed in the work, review either the MnDOT Standard Specifications for Construction or contact the Concrete Engineering Unit for monetary deductions recommendations. It is recommended that the Agency representative continually monitor the progress of all concrete pours in the field and review Certificates of Compliances. It is not a recommended practice to only perform minimum testing requirements and leave the pour. Should circumstances arise on a project which makes the testing rate impractical, contact the Concrete Engineering Unit. DEFINITIONS Description Sample Location Determined By Sample Taken By Sample Tested By QC Quality Control Testing performed by Contractor. Also known as Process Control Testing. Contractor Contractor Contractor QA Quality Assurance Testing performed by the Agency. This test is performed on a companion sample to the Contractorâs QC sample. Contractor Contractor Agency Verification A sample to assure compliance of the Contractorâs Quality Control program. The results shall be included as part of the QA Testing Program. Agency Agency Agency Verification Companion A companion sample to the Agencyâs Verification sample provided to the Contractor. The Contractor is required to test this sample. The results shall be used as part of the QC program. Agency Agency Contractor IAST The Independent Assurance Sampling and Testing assures testers are sampling and testing properly and that equipment is calibrated correctly. Agency Contractor or Agency Contractor or Agency
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 27 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Pl an t B at ch in g M at er ia ls R em ar ks : (1 ) A ll m at er ia ls m us t c om e fr om c er tif ie d or q ua lif ie d so ur ce s. A ll ce rt if ie d so ur ce s m us t s ta te s o on th e de liv er y in vo ic e. (2 ) T he m os t c ur re nt li st o f ce rt if ie d/ ap pr ov ed s ou rc es c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s. Sa m pl e Si ze s: C em en tit io us : 5 lb (2 k g) A dm ix tu re : 1/ 2 pt . (0 .2 5 L ) P ro du ce r ob ta in s sa m pl es f ro m d is pe ns in g tu be s. S to re s am pl es in p la st ic c on ta in er . W at er : 1 g al ( 3. 5 L ) St or e sa m pl e in a c le an g la ss o r pl as ti c co nt ai ne r. Pa y It em N o. M at er ia l Sp ec . N o. M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Fo rm N o. 23 01 23 02 24 01 24 05 24 11 24 12 24 22 24 52 24 61 25 06 25 11 25 14 25 19 25 21 25 31 25 33 25 45 25 50 25 54 25 57 25 64 25 65 P or tla nd C em en t Sl ag B le nd ed C em en t 31 01 31 02 31 03 Fo r ce rt if ie d re ad y- m ix a nd c on cr et e pa vi ng : 1 sa m pl e w he n th e pl an t i s ce rt if ie d. T ak e an a dd iti on al s am pl e: 1) A t 6 m on th s, if p ro du ci ng A ge nc y co nc re te , 2) If th e pl an t c ha ng es s ou rc es , o r 3) A s th e C on tr ac t r eq ui re s. Fo r pr ec as t c on cr et e: 1 s am pl e ev er y 3 m on th s du ri ng A ge nc y pr od uc tio n T he P ro du ce r ob ta in s an d st or es th e sa m pl e in a s ea le d co nt ai ne r pr ov id ed b y th e A ge nc y, a nd in cl ud es th e su pp lie r's d el iv er y in vo ic e fr om w hi ch th e sa m pl e is o bt ai ne d. T ak e ad di tio na l s am pl es a s di re ct ed b y th e C on cr et e E ng in ee r 24 30 0 ID C ar d C em en t S am pl es Fl y A sh 31 15 24 30 8 ID C ar d Fl y A sh S am pl es A dm ix tu re s (A cc el er at in g, R et ar di ng , W at er -R ed uc in g, A ir - E nt ra in in g, e tc .) 31 13 Fo r al l c on cr et e: 1 sa m pl e w he n th e pl an t i s ce rt if ie d. T ak e ad di tio na l s am pl es : 1) A t 3 m on th in te rv al s du ri ng A ge nc y pr od uc tio n, 2) If th e pl an t c ha ng es s ou rc es , o r 3) A s th e C on tr ac t r eq ui re s. T he P ro du ce r ob ta in s an d st or es th e sa m pl e in a s ea le d co nt ai ne r pr ov id ed b y th e A ge nc y. T ak e ad di tio na l s am pl es a s di re ct ed b y th e C on cr et e E ng in ee r 24 10 Sa m pl e ID C ar d W at er 39 06 1 sa m pl e fr om a ny q ue st io na bl e so ur ce 24 10 Sa m pl e ID C ar d
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 28 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C er tif ie d R ea dy -M ix - C on cr et e Pl an t P ro du ct io n R em ar ks : (1 ) M ix d es ig n is p ro vi de d by M nD O T u nl es s ot he rw is e sp ec if ie d in th e C on tr ac t. (2 ) A ll gr ad at io n an d qu al it y te st s re qu ir e co m pa ni on s am pl es . Sa m pl es ta ke n at lo ca tio n id en tif ie d on C on ta ct R ep or t l oc at ed a t p la nt . (3 ) P er fo rm Q ua lit y te st in g as d ir ec te d by th e C on cr et e E ng in ee r. (4 ) R ec or d al l g ra da tio n w ei gh ts in m et ri c. M in im um S am pl e Si ze s: G ra da tio n Te st : M oi st ur e Te st : Q ua lit y Sa m pl e Si ze fo r La b Su bm itt al : 3/ 4â P lu s (+ 19 m m ) 25 lb . ( 12 k g) C oa rs e A gg re ga te 2 00 0 g 3 /4 â P lu s (+ 19 m m ) 50 lb . ( 24 k g) 3/ 4â M in us ( â1 9 m m ) 10 lb . (5 k g) F in e A gg re ga te 50 0 g 3 /4 â M in us ( â1 9 m m ) 30 lb . ( 15 k g) C A -7 0 6 lb . ( 2. 5 kg ) Fi ne A gg re ga te 3 0 lb . ( 15 k g) C A -8 0, S an d 1 .1 lb . ( 50 0 g) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 02 24 01 24 05 24 11 24 12 24 22 24 52 24 61 25 06 25 11 25 14 25 19 25 21 25 31 25 33 25 45 25 50 25 54 25 57 25 64 25 65 G ra da tio n T es tin g (Q C /Q A ) (5 -6 94 .1 45 an d 5- 69 4. 14 8) 24 61 31 26 31 37 W he n ov er 2 0 yd 3 (m 3 ) o f A ge nc y co nc re te p ro du ce d pe r da y: C oa rs e: 1 p er 2 00 y d3 ( m 3 ) Fi ne : 1 p er 2 00 y d3 ( m 3 ) P as si ng a gg re ga te g ra da tio ns a re r eq ui re d pr io r to th e st ar t o f co nc re te p ro du ct io n ea ch d ay . P er fo rm in g te st in g on re pr es en ta tiv e m at er ia l a t t he e nd o f th e m os t r ec en t d ay o f pr od uc tio n is a llo w ed . W as hi ng th e fi ne a gg re ga te g ra da tio n (Q C ) sa m pl e is n ot re qu ir ed w he n th e re su lt o n th e -7 5µ m ( #2 00 ) si ev e of th e un w as he d sa m pl e is le ss th an 1 .0 % , H ol d Q A ( Q C c om pa ni on ) sa m pl es u nt il th ey a re p ic ke d up by th e A ge nc y m on ito r. D is ca rd a ft er 1 4 ca le nd ar d ay s if n ot pi ck ed u p. Fo r C on tr ac to r M ix D es ig ns u til iz in g an a pp ro ve d JM F: 1 pe r 40 0 yd 3 (m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er re su lt s in th e hi gh er s am pl in g ra te . N on e 21 76 3 C on cr et e A gg re ga te W or ks he et (Q C /Q A ) 24 49 W ee kl y C on cr et e A gg re ga te R ep or t 21 76 5 C on cr et e A gg re ga te W or ks he et J M F (Q C /Q A )
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 29 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C er tif ie d R ea dy -M ix - C on cr et e Pl an t P ro du ct io n (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 02 24 01 24 05 24 11 24 12 24 22 24 52 24 61 25 06 25 11 25 14 25 19 25 21 25 31 25 33 25 45 25 50 25 54 25 57 25 64 25 65 G ra da tio n T es tin g (V er if ic at io n/ V er if ic at io n C om pa ni on ) (5 -6 94 .1 45 an d 5- 69 4. 14 8) 24 61 31 26 31 37 T es t t he V er if ic at io n C om pa ni on s am pl e. C om pl et e on th e da y th e sa m pl e w as ta ke n. W as h al l f in e ag gr eg at e V er if ic at io n C om pa ni on s am pl es . C oa rs e an d Fi ne : 1 V er if ic at io n sa m pl e pe r w ee k w he n A ge nc y pr od uc tio n is 1 o r 2 da ys p er w ee k. 2 V er if ic at io n sa m pl es p er w ee k w he n A ge nc y pr od uc tio n is 3 o r m or e da ys p er w ee k. Fo r sm al l q ua nt iti es : W he n le ss th an 2 5 yd 3 ( m 3 ) of A ge nc y co nc re te is pr od uc ed p er w ee k, V er if ic at io n sa m pl es a re n ot r eq ui re d In cl ud e ve ri fi ca tio n co m pa ni on r es ul ts o n Sa m pl e ID C ar d. 24 49 W ee kl y C on cr et e A gg re ga te R ep or t 24 14 3 W ee kl y C er tif ie d R ea dy -M ix P la nt R ep or t (V er if ic at io n) Q ua lit y T es tin g in cl ud in g C oa rs e A gg re ga te T es tin g on - #2 00 ( -7 5µ m ) ( 5- 69 4. 14 6) 31 26 31 37 T es t a t C on tr ac to râ s D is cr et io n 1 te st e ac h fr ac tio n pe r m on th Id en tif y qu al it y sa m pl es w it h a âQ â on th e Sa m pl e ID C ar d an d th e Q ua lit y co m pa ni on s am pl e. 24 10 Sa m pl e ID C ar d A gg re ga te M oi st ur e T es tin g (Q C ) (5 -6 94 .1 42 ) 24 61 W he n ov er 2 0 yd 3 ( m 3 ) of A ge nc y co nc re te p ro du ce d pe r da y: C oa rs e an d Fi ne : 1 pe r 20 0 yd 3 (m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er re su lt s in th e hi gh er s am pl in g ra te . - C om pl et e th e in iti al m oi st ur e co nt en t a nd a dj us t t he ba tc h w at er p ri or to th e st ar t o f co nc re te p ro du ct io n ea ch d ay . - If w ea th er c on di tio ns a llo w , p er fo rm in g m oi st ur e te st in g on r ep re se nt at iv e m at er ia l a t t he e nd o f pr od uc tio n th e pr io r ev en in g is a llo w ed . In th is ev en t, th e fo ur -h ou r ra te w ill c om m en ce w it h th e fi rs t p ou r of th e da y, r eg ar dl es s if it is p la ce d in A ge nc y or p ri va te w or k. N on e 21 52 C on cr et e B at ch in g R ep or t
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 30 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Pa ve m en t - C on cr et e Pl an t P ro du ct io n R em ar ks : (1 ) M ix D es ig n is C on tr ac to r's r es po ns ib ili ty w it h re vi ew b y M nD O T u nl es s ot he rw is e sp ec if ie d in th e C on tr ac t. (2 ) U se C er ti fi ed R ea dy -M ix - C on cr et e P la nt P ro du ct io n te st in g ra te s sc he du le w he n: a) T he e nt ir e co nc re te p av in g pr oj ec t i s < 3 ,5 00 c u. y d (2 ,9 00 m 3 ) b) W he n a se co nd ar y pl an t i s us ed to p ro vi de m in or w or k. (3 ) W he n w /c in ce nt iv es a pp ly a cc or di ng to 2 30 1: a) C on tr ac to r Q C T ec hn ic ia n an d A ge nc y P la nt M on ito r ar e re qu ir ed to b e pr es en t d ur in g th e en tir e po ur . If w /c in ce nt iv es d o no t a pp ly , t he A ge nc y Pl an t M on ito r s ha ll m on ito r as n ec es sa ry to e ns ur e co m pl ia nc e w ith th e re qu ir em en ts o f t he C on tr ac t. b) A c er tif ie d re ad y- m ix p la nt s ha ll be d ed ic at ed (p ro vi de s c on cr et e on ly to th e co nc re te p av in g pr oj ec t). (4 ) A ll gr ad at io n sa m pl es s ha ll be ta ke n in th e pr es en ce o f th e A ge nc y, u nl es s ot he rw is e au th or iz ed b y th e E ng in ee r. A ll sa m pl es s ha ll be ta ke n of f th e be lt le ad in g to th e w ei gh h op pe r un le ss o th er w is e ap pr ov ed b y th e E ng in ee r. A ll gr ad at io n an d qu al it y te st s re qu ir e co m pa ni on s am pl es . (5 ) P er fo rm Q ua lit y te st in g as d ir ec te d by th e C on cr et e E ng in ee r. M in im um S am pl e Si ze s: G ra da tio n Te st : M oi st ur e Te st : Q ua lit y Sa m pl e Si ze fo r La b Su bm itt al : 75 µm ( #2 00 ) C oa rs e A gg re ga te S am pl e Si ze 3/ 4â P lu s (+ 19 m m ) 25 lb . ( 12 k g) C oa rs e A gg re ga te 2 00 0 g 3/ 4â P lu s (+ 19 m m ) 5 0 lb . (2 4 kg ) 3 /4 â P lu s (+ 19 m m ) 10 lb . ( 50 00 g ) 3/ 4â M in us ( â1 9 m m ) 10 lb . (5 k g) Fi ne A gg re ga te 5 00 g 3 /4 â M in us ( â1 9 m m ) 3 0 lb . (1 5 kg ) 3 /4 â M in us ( â1 9 m m ) 6 lb . ( 25 00 g ) C A -7 0 6 lb . ( 2. 5 kg ) F in e A gg re ga te 30 lb . (1 5 kg ) C A -8 0, S an d 1. 1 lb . ( 50 0 g ) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 G ra da tio n T es tin g (Q C /Q A ) (5 -6 94 .1 45 an d 5- 69 4. 14 8) 31 26 31 37 Fo r a co nc re te p av in g ba tc h pl an t: W he n ov er 2 50 y d3 (m 3 ) is pr od uc ed p er d ay : 1 pe r 15 00 y d3 ( m 3 ) o r co m pl et ed 1 p er ½ d ay , w hi ch ev er r es ul ts in th e hi gh er s am pl in g ra te . Fo r a ce rt ifi ed r ea dy - m ix p la nt : W he n ov er 2 0 yd 3 ( m 3 ) is pr od uc ed p er d ay : 1 pe r 40 0 yd 3 (m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er r es ul ts in th e hi gh er s am pl in g ra te . T es t t he f ir st 4 Q A s am pl es o f pr od uc tio n ea ch ti m e th e C on tr ac to r m ob ili ze s th e pl an t o r ch an ge s ag gr eg at e so ur ce s. 21 76 4 C on cr et e A gg re ga te W or ks he et J M F W el l- gr ad ed C on cr et e A gg re ga te W or ks he et Fo r a co nc re te p av in g ba tc h pl an t: 1 pe r da y on r an do m ly se le ct ed s am pl es th er ea ft er . Fo r a ce rt ifi ed r ea dy -m ix pl an t: 1 pe r 10 00 y d3 ( m 3 ) o r 1 pe r w ee k, w hi ch ev er r es ul ts in hi gh er s am pl in g ra te o n ra nd om ly s el ec te d sa m pl es th er ea ft er . P er fo rm in g te st in g on r ep re se nt at iv e m at er ia l a t t he e nd of th e m os t r ec en t d ay o f pr od uc tio n is a llo w ed . If w el l-g ra de d ag gr eg at e in ce nt iv es a pp ly : U se th e C on tr ac to râ s gr ad at io n re su lt s fo r w el l- gr ad ed a gg re ga te in ce nt iv e ca lc ul at io ns a s ve ri fi ed b y A ge nc y te st in g Id en tif y th e gr ad at io n sa m pl es w it h âQ A G ra da tio nâ o n th e Sa m pl e ID C ar d an d in cl ud e th e JM F N um be r an d th e Q C G ra da tio n re su lt s. If C oa rs e A gg re ga te Q ua lit y In ce nt iv e/ D is in ce nt iv es a pp ly : T he A ge nc y m ay a ls o us e th e Q A g ra da tio n sa m pl e fo r th e C oa rs e A gg re ga te Q ua lit y in ce nt iv e/ di si nc en tiv e te st in g. I n th is c as e, n ot if y th e P ro du ce r/ C on tr ac to r to d ou bl e th e Q C /Q A gr ad at io n sa m pl e si ze .
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 31 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Pa ve m en t - C on cr et e Pl an t P ro du ct io n (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 C oa rs e A gg re ga te T es tin g on - #2 00 ( -7 5µ m ) ( Q C /Q A ) (5 -6 94 .1 46 ) 31 37 T es t t he f ir st s am pl e an d th en a t l ea st 1 o f th e ne xt 3 sa m pl es o n th e fi rs t d ay o f pr od uc tio n an d ea ch ti m e th e C on tr ac to r m ob ili ze s th e pl an t, ch an ge s ag gr eg at e so ur ce s, or th e cl ea nl in es s of th e co ar se a gg re ga te is in q ue st io n. 1 te st p er d ay th er ea ft er Te st th es e sa m pl es a t t he p la nt . Fo r a co nc re te p av in g ba tc h pl an t: 1 ra nd om ly s el ec te d sa m pl e on th e fi rs t d ay o f pr od uc tio n an d ea ch ti m e th e C on tr ac to r m ob ili ze s th e pl an t, ch an ge s ag gr eg at e so ur ce s, o r th e cl ea nl in es s of th e co ar se a gg re ga te is in qu es tio n. 1 te st p er w ee k th er ea ft er Te st th es e sa m pl es a t t he pl an t. Fo r a ce rt ifi ed r ea dy -m ix pl an t: 1 ra nd om ly s el ec te d sa m pl e on th e fi rs t d ay o f pr od uc tio n an d ea ch ti m e th e C on tr ac to r m ob ili ze s th e pl an t, ch an ge s ag gr eg at e so ur ce s, o r th e cl ea nl in es s of th e co ar se ag gr eg at e is in q ue st io n. 1 pe r 10 00 y d3 ( m 3 ) o r 1 pe r w ee k, w hi ch ev er re su lt s in th e hi gh er sa m pl in g ra te o n ra nd om ly se le ct ed s am pl es th er ea ft er . 21 76 4 C on cr et e A gg re ga te W or ks he et JM F - P av in g A gg re ga te M oi st ur e T es tin g (Q C /V er if ic at io n) (5 -6 94 .1 42 ) Fo r a co nc re te p av in g ba tc h pl an t: If w /c in ce nt iv es d o no t a pp ly : 1 pe r 10 00 y d3 ( m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er r es ul ts in th e hi gh er sa m pl in g ra te . Fo r a ce rt ifi ed r ea dy - m ix p la nt : If w /c in ce nt iv es d o no t ap pl y: 1 pe r 20 0 yd 3 (m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er r es ul ts in th e hi gh er s am pl in g ra te Fo r a co nc re te p av in g ba tc h pl an t: If w /c in ce nt iv es a pp ly : 1 pe r 10 00 y d3 ( m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er r es ul ts in th e hi gh er s am pl in g ra te . T ak e in iti al s am pl es f or ag gr eg at e m oi st ur e te st in g w it hi n th e fi rs t 2 50 y d3 (m 3 ) . Fo r a ce rt ifi ed r ea dy -m ix pl an t: If w /c in ce nt iv es a pp ly : 1 pe r 20 0 yd 3 (m 3 ) o r co m pl et ed e ve ry 4 h ou rs , w hi ch ev er r es ul ts in th e hi gh er s am pl in g ra te . T ak e in iti al s am pl es f or ag gr eg at e m oi st ur e te st in g w it hi n th e fi rs t 1 00 y d3 (m 3 ) . C on cr et e W /C R at io C al cu la tio n W or ks he et C om pl et e th e in iti al m oi st ur e co nt en t a nd a dj us t t he b at ch w at er p ri or to th e st ar t o f co nc re te p ro du ct io n ea ch d ay . If w ea th er c on di tio ns a llo w , p er fo rm in g m oi st ur e te st in g on re pr es en ta tiv e m at er ia l a t t he e nd o f pr od uc tio n th e pr io r ev en in g is a llo w ed . If w /c in ce nt iv es a pp ly : U se a gg re ga te m oi st ur e re su lt s fo r de te rm in in g th e w at er co nt en t t o ca lc ul at e th e w /c r at io in ce nt iv e/ di si nc en ti ve . D o no t l ea ve sa m pl es u na tt en de d.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 32 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Pa ve m en t - C on cr et e Pl an t P ro du ct io n (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 W at er C on te nt V er if ic at io n T es tin g (M ic ro w av e O ve n V er ifi ca tio n) (5 -6 94 .5 32 ) 23 01 O bt ai n th e pl as tic c on cr et e sa m pl e at th e pl an t. If w /c in ce nt iv es a pp ly : M ic ro w av e ov en v er if ic at io n te st in g to v er if y th e w /c r at io is co m pl et ed in c on ju nc tio n w it h A ge nc y ag gr eg at e m oi st ur e te st in g. D o no t l ea ve sa m pl es u na tt en de d. C on cr et e W /C R at io C al cu la tio n W or ks he et Fo r a co nc re te p av in g ba tc h pl an t: T ak e in iti al s am pl e fo r m ic ro w av e ov en v er if ic at io n te st in g w it hi n th e fi rs t 2 50 y d3 (m 3 ) . A t l ea st o ne a dd iti on al ve ri fi ca tio n te st s ho ul d be ta ke n if m or e th an 1 ,0 00 y d3 ( m 3 ) is pr od uc ed in a d ay . Fo r a ce rt ifi ed r ea dy - m ix p la nt : T ak e in iti al s am pl e fo r m ic ro w av e ov en ve ri fi ca tio n te st in g w it hi n th e fi rs t 1 00 y d3 ( m 3 ) . A t l ea st o ne a dd iti on al ve ri fi ca tio n te st s ho ul d be ta ke n if m or e th an 4 00 yd 3 (m 3 ) is p ro du ce d in a da y. U ni t W ei gh t (Q C ) (5 -6 94 .5 42 ) T es t o ne lo ad o f co nc re te p er d ay a t t he p la nt . N on e A ir C on te nt f or T yp e 3 C on cr et e (Q C ) (5 -6 94 .5 41 ) 24 61 T es t t he f ir st lo ad o f co nc re te a t t he p la nt . N on e
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 33 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Pa ve m en t - C on cr et e Pl an t P ro du ct io n (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 Q ua lit y T es tin g in cl ud in g C oa rs e A gg re ga te T es tin g on - #2 00 ( -7 5µ m ) 31 26 31 37 P ri or to c on cr et e pr od uc tio n: T es t t he A ge nc yâ s pr e- pr od uc ti on sa m pl e at th e C on tr ac to râ s di sc re tio n D ur in g co nc re te p ro du ct io n: T es t t he - #2 00 ( -7 5µ m ) o n th e Q ua lit y co m pa ni on s am pl e th e da y it w as sa m pl ed . A ll ot he r te st in g is a t t he C on tr ac to râ s di sc re tio n Pr io r to c on cr et e pr od uc tio n fo r th e pr im ar y co nc re te p la nt : O bt ai n pr e- pr od uc tio n sa m pl es f or q ua lit y te st in g at le as t 1 6 ho ur s pr io r to c on cr et e pr od uc tio n. S am pl es m ay b e ta ke n fr om th e st oc kp ile a nd th e -# 20 0 (- 75 µ m ) t es t m ay b e pe rf or m ed a t t he la b in st ea d of a t t he p la nt a t t he d is cr et io n of th e E ng in ee r. If th e En tir e Pr oj ec t i s < 3 ,5 00 c u. y d (2 ,9 00 m 3 ), p re -p ro du ct io n sa m pl in g is no t r eq ui re d. D ur in g co nc re te p ro du ct io n: 1 ra nd om ly s el ec te d te st e ac h fr ac tio n ev er y 20 ,0 00 y d3 ( m 3 ) o f pr od uc tio n. Sp lit th e Q ua lit y sa m pl e 4 w ay s: 1) P ro vi de 2 q ua rt er s of th e sa m pl e to th e P ro du ce r/ C on tr ac to r. 2) T es t t he - #2 00 ( -7 5µ m ) o n th e qu al it y sa m pl e at th e pl an t t he d ay it w as sa m pl ed . 3) Su bm it th e re m ai ni ng s am pl e to th e la b fo r qu al it y te st in g in cl ud in g te st in g on th e -# 20 0 (- 75 µ m ) s ie ve . Id en tif y qu al it y sa m pl es w it h a âQ â an d re co rd th e Q C a nd Q A - #2 00 ( -7 5µ m ) t es t re su lt s on th e Sa m pl e ID C ar d. Id en tif y th e Q ua li ty C om pa ni on s am pl es w it h a âQ â. Se e ad di tio na l r eq ui re m en ts fo r fir st sa nd q ua lit y sa m pl e un de r A SR T es tin g. 24 10 Sa m pl e ID C ar d 23 01 A lk al i S ili ca R ea ct iv it y (A SR ) T es tin g 23 01 N on e 1 pe r pa vi ng p ro je ct p er s an d so ur ce P ro vi de o ne 5 lb s am pl e of : 1) ce m en t, an d 2) su pp le m en ta ry c em en tit io us m at er ia l ( fl y as h or s la g) , 3) w it h th e fi rs t s an d qu al it y. W ri te â P ro je ct S pe ci fi c A SR T es tin gâ o n al l 3 S am pl e ID c ar ds . If th e En tir e Pr oj ec t i s < 3 ,5 00 c u. y d (2 ,9 00 m 3 ), A SR te st in g is no t r eq ui re d. 24 10 Sa m pl e ID C ar d 24 30 0 ID C ar d C em en t Sa m pl es 24 30 8 ID C ar d Fl y A sh Sa m pl es
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 34 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Pa ve m en t - C on cr et e Pl an t P ro du ct io n (c on t.) Pa y It em N o. Te st T yp e Sp ec . N o. Pr od uc er /C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 C oa rs e A gg re ga te Q ua lit y T es tin g fo r In ce nt iv e/ D is in ce nt iv e 31 37 T es t a t C on tr ac to râ s di sc re tio n If c oa rs e ag gr eg at e qu al ity in ce nt iv es a pp ly : T es t t he C la ss B a gg re ga te s fo r % a bs or pt io n an d C la ss C a gg re ga te s fo r % ca rb on at e in cl ud in g an y ot he r te st s ne ce ss ar y to m ak e th os e de te rm in at io ns . Sa m pl e th e 2 la rg es t f ra ct io ns in a cc or da nc e w ith th e fo llo w in g ta bl e an d 23 01 : C oa rs e A gg re ga te Q ua lit y In ce nt iv e/ D is in ce nt iv e Sa m pl in g R at es P la n C on cr et e cu . y d [c u. m ] Sa m pl es p er f ra ct io n (n ) 3, 50 0 â 7, 50 0 [2 ,9 00 â 6 ,2 50 ] 3 7, 50 1 â 10 ,0 00 [ 6, 25 1 â 8, 50 0] 5 10 ,0 01 â 2 5, 00 0 [8 ,5 01 â 2 1, 00 0] 10 25 ,0 01 â 5 0, 00 0 [2 1, 00 1 â 42 ,0 00 ] 15 > 5 0, 00 0 [4 2, 00 0] 20 Id en tif y in ce nt iv e sa m pl es o n th e Sa m pl e ID C ar d w ith â I/D â 24 10 Sa m pl e ID C ar d C oa rs e A gg re ga te Q ua lit y In ce nt iv e/ D is in ce nt iv e W or ks he et
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 35 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d M at er ia ls (R ef er to M et al lic M at er ia ls a nd M et al P ro du ct s f or sa m pl in g re qu ir em en ts fo r co nc re te r ei nf or ce m en t.) Sa m pl e Si ze s: Jo in t M at er ia ls: H ot P ou re d E la st om er ic : 5 lb . ( 2. 26 k g) T ak e sa m pl es f ro m a pp lic at io n w an d, s to re in s te el ( 1 ga l) c on ta in er . P re fo rm ed E la st om er ic : 6 f t ( 2 m ) Si lic on e Jo in t S ea le r: 1 p t. (0 .5 L ) St or e sa m pl e in s te el c on ta in er . P re fo rm ed : 2 ft 2 ( 0. 25 m 2 ) C ur in g M at er ia ls: B ur la p: 1 yd 2 (m 2 ) P ap er a nd P la st ic : 2 ft 2 ( 0. 25 m 2 ) M em br an e C om po un d 1 q t. ( 1 L ) I f sa m pl in g is r eq ui re d, m at er ia ls m us t b e th or ou gh ly s tir re d or a gi ta te d im m ed ia te ly p ri or to ta ki ng s am pl e. S to re s am pl e in st ee l c on ta in er a nd c ov er im m ed ia te ly . Pa y It em N o. M at er ia l Sp ec . N o. M in im um R eq ui re d Fi el d Sa m pl in g R at e Fo rm N o. 23 01 23 02 24 01 24 11 25 14 25 21 25 31 P re fo rm ed 37 02 V is ua l I ns pe ct io n 24 10 S am pl e ID C ar d 23 01 23 02 24 01 P re fo rm ed E la st om er ic T yp e 37 21 1 pe r lo t O nl y jo in t m at er ia ls f ro m q ua li fi ed s ou rc es a re a llo w ed . T he m os t c ur re nt li st s ca n be fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s Si lic on e Jo in t S ea le r 37 22 H ot P ou re d E la st om er ic T yp e 37 23 37 25 23 01 23 02 24 01 24 11 25 14 25 20 25 21 25 31 25 33 B ur la p 37 51 V is ua l I ns pe ct io n P ap er 37 52 V is ua l I ns pe ct io n - M us t b e w hi te o pa qu e M em br an e C ur in g C om po un d 37 54 37 54 A M S 37 55 V is ua l I ns pe ct io n â U se o nl y P re -A pp ro ve d C ur in g C om po un ds . R ef er to th e ap pr ov ed pr od uc ts li st o f cu ri ng c om po un ds f or p re -a pp ro ve d lo ts a t ht tp :// w w w .m rr ap ps .d ot .s ta te .m n. us /C ur in gC om po un dP ro du ct s/ cu ri ng co m po un ds .a sp x P la st ic 37 56 V is ua l I ns pe ct io n -M us t b e w hi te o pa qu e an d fr ee f ro m h ol es . A C er tif ic at e of C om pl ia nc e sh al l b e su bm itt ed to th e P ro je ct E ng in ee r fr om th e M an uf ac tu re r ce rt if yi ng th at th e pl as tic c om pl ie s w it h A A S H T O M 17 1.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 36 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g â B ri dg es a nd G en er al C on cr et e Pa y It em N o. Te st T yp e Sp ec . N o. A ge nc y Te st in g Fo rm N o. 23 02 24 01 24 05 24 11 24 12 24 22 24 52 24 61 25 06 25 11 25 14 25 20 25 21 25 31 25 33 25 45 25 50 25 54 25 57 25 64 25 65 A ir C on te nt f or T yp e 3 C on cr et e (V er if ic at io n) (5 -6 94 .5 41 ) 24 61 1 pe r 10 0 yd 3 (m 3 ) T es t f ir st lo ad e ac h da y pe r m ix T es t w he n ad ju st m en ts a re m ad e to th e m ix . 24 48 W ee kl y C on cr et e R ep or t If c on cr et e qu an tit ie s on th e en tir e pr oj ec t to ta l < 1 00 y d3 ( m 3 ) , do cu m en t t he te st re su lt s W ee kl y C on cr et e R ep or t o r on F or m 0 24 15 o r Fo rm 2 40 3 In sp ec tio n R ep or t f or S m al l Q ua nt iti es . Sl um p (V er if ic at io n) (5 -6 94 .5 31 ) 24 61 1 pe r 10 0 yd 3 (m 3 ) T es t f ir st lo ad e ac h da y pe r m ix T es t a s ne ce ss ar y to v er if y pa ss in g sl um p N o sl um p te st in g re qu ir ed f or s lip fo rm p la ce m en t C on cr et e T em pe ra tu re (V er if ic at io n) (5 -6 94 .5 50 ) 24 61 R ec or d te m pe ra tu re e ac h ti m e ai r co nt en t, sl um p, o r st re ng th te st s pe ci m en is p er fo rm ed /f ab ri ca te d. C om pr es si ve St re ng th (V er if ic at io n) (5 -6 94 .5 11 ) 24 61 1 cy li nd er ( 28 -d ay ) pe r 10 0 yd 3 (m 3 ) 1 cy li nd er ( 28 -d ay ) pe r da y fo r si de w al k an d cu rb a nd g ut te r C as t u p to th re e (3 ) co nt ro l c yl in de rs . A ny a dd iti on al c on tr ol c yl in de rs a re th e re sp on si bi lit y of th e C on tr ac to r. M nD O T s ta nd ar d cy lin de r m ol d si ze is 4 x 8 in ch ( 10 0 x 20 0 m m ). I f ag gr eg at e ha s a m ax im um s iz e gr ea te r th an 1 -1 /4 in ch ( 31 .5 m m ), u se 6 x 1 2 in ch ( 15 0 x 30 0 m m ) m ol ds . 24 09 ID C ar d C on cr et e T es t C yl in de r Co nc re te F ie ld T es tin g â C el lu la r C on cr et e Pa y It em N o. Te st T yp e Sp ec . N o. A ge nc y Te st in g Fo rm N o. 25 19 C om pr es si ve St re ng th (V er if ic at io n) (5 -6 94 .5 11 ) 24 61 25 19 1 se t o f 4 cy li nd er s (2 8- da y) p er d ay 4 x 8 in ch ( 10 0 x 20 0 m m ) cy lin de rs s ha ll be f il le d in tw o eq ua l l if ts , d o no t r od th e co nc re te , l ig ht ly ta p th e si de s, c ov er a nd m ov e to a re a w it h m in im al o r no v ib ra ti on . D o no t d is tu rb f or 2 4 ho ur s. 24 09 ID C ar d C on cr et e T es t C yl in de r
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 37 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g â C on cr et e Pa ve m en t Pa y It em N o. Te st T yp e Sp ec . N o. C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 A ir C on te nt B ef or e C on so lid at io n fo r T yp e 3 C on cr et e (Q C /Q A ) (5 -6 94 .5 41 ) 24 61 1 pe r 30 0 yd 3 (m 3 ) o r 1 pe r ho ur , w hi ch ev er is le ss T es t f ir st lo ad e ac h da y pe r m ix 1 co rr el at io n ai r te st p er d ay 24 48 W ee kl y C on cr et e R ep or t A ir C on te nt A ft er C on so lid at io n fo r T yp e 3 C on cr et e (Q C /Q A ) (5 -6 94 .5 41 ) 24 61 T es t 1 a ir c on te nt p er ½ d ay o f sl ip f or m p av in g to e st ab lis h an a ir lo ss co rr ec tio n fa ct or ( A C F) . Se e Sp ec ia l P ro vi si on s fo r ad di tio na l i nf or m at io n. 1 ai r te st p er d ay Sl um p (Q C /Q A ) (5 -6 94 .5 31 ) 24 61 Fo r fix ed fo rm p la ce m en t: 1 pe r 30 0 yd 3 ( m 3 ) a nd a s di re ct ed b y th e E ng in ee r T es t f ir st lo ad e ac h da y pe r m ix Fo r sli pf or m p la ce m en t: N o sl um p te st in g is r eq ui re d Fo r fix ed fo rm p la ce m en t: 1 sl um p te st p er d ay Fo r sli pf or m p la ce m en t: N o sl um p te st in g is r eq ui re d C on cr et e T em pe ra tu re (Q C /Q A ) (5 -6 94 .5 50 ) 24 61 R ec or d te m pe ra tu re e ac h ti m e ai r co nt en t, sl um p or s tr en gt h te st s pe ci m en is p er fo rm ed /f ab ri ca te d by th e C on tr ac to r. R ec or d te m pe ra tu re e ac h ti m e ai r co nt en t, sl um p or s tr en gt h te st s pe ci m en is p er fo rm ed /f ab ri ca te d by th e A ge nc y. Fl ex ur al S tr en gt h (Q C ) (5 -6 94 .5 21 ) 23 01 1 be am ( 28 -d ay ) pe r da y - M ak e ad di tio na l c on tr ol b ea m s as n ec es sa ry . - C on tr ol b ea m s sh al l b e m ad e w it hi n th e la st h ou r of c on cr et e po ur ed ea ch d ay . Fa br ic at e be am s, d el iv er b ea m s to c ur in g si te , a nd c le an b ea m b ox es . C yl in de rs m ay b e su bs tit ut ed f or b ea m s at th e di sc re tio n of th e E ng in ee r Su pp ly b ea m b ox es , c ur e, a nd te st be am s. M nD O T s ta nd ar d be am b ox s iz e is 6 â x 6â x 2 0â u nl es s ot he r si ze s or ty pe s ar e ap pr ov ed b y th e C on cr et e E ng in ee r. 21 62 C on cr et e T es t B ea m D at a C on cr et e P av em en t T ex tu re (Q C ) 23 01 1 pe r 10 00 li ne ar f ee t p er la ne o f co nc re te p av em en t a t l oc at io ns de te rm in ed b y th e A ge nc y. A ll ad jo in in g la ne s sh al l b e te st ed a t t he s am e lo ca tio n if p av ed a t t he s am e ti m e. T he C on tr ac to r su pp lie s al l m at er ia ls n ec es sa ry to p er fo rm th e re qu ir ed te st in g. D et er m in e te xt ur e te st in g lo ca tio ns us in g ra nd om n um be rs . C on cr et e T ex tu re W or ks he et
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 38 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g â C on cr et e Pa ve m en t ( co nt .) Pa y It em N o. Te st T yp e Sp ec . N o. C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 01 T hi ck ne ss (Q C /V er if ic at io n) 23 01 T he C on tr ac to r dr ill s co nc re te c or es a t l oc at io ns d et er m in ed b y th e A ge nc y. T he C on tr ac to r pr ob es th e pl as tic c on cr et e at lo ca tio ns d et er m in ed b y th e A ge nc y. D et er m in e pr ob in g an d co ri ng lo ca tio ns us in g ra nd om n um be rs . In iti al pa ve m en t a t c or e lo ca tio ns a nd r e- in iti al th e si de s of s pe ci m en s af te r co ri ng to cl ea rl y ve ri fy th ei r au th en tic it y. 24 32 7 Fi el d C or e R ep or t P ro bi ng a nd C or in g R ep or t 23 01 Su rf ac e S m oo th ne ss 23 01 C on tr ac to r pr ov id es M nD O T c er tif ie d in er tia l p ro fi le r re su lt s fo r th e en tir e pr oj ec t a s re qu ir ed b y th e C on tr ac t. N on e C on cr et e P ro fi le Su m m ar y W or ks he et
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 39 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g - L ow S lu m p C on cr et e fo r B ri dg e D ec k O ve rl ay s R em ar ks : (1 ) M ix d es ig n is p ro vi de d by M nD O T o n th e ba ck o f th e Fo rm 2 14 12 W ee kl y R ep or t o f âL ow S lu m p C on cr et eâ u nl es s ot he rw is e sp ec if ie d in th e C on tr ac t. (2 ) A ll fi el d gr ad at io n sa m pl es s ha ll be ta ke n by th e A ge nc y. A ll gr ad at io n an d qu al it y te st s re qu ir e co m pa ni on s am pl es . (3 ) P er fo rm Q ua lit y te st in g as d ir ec te d by th e C on cr et e E ng in ee r. M in im um S am pl e Si ze s: G ra da tio n Te st : Q ua lit y Sa m pl e Si ze fo r La b Su bm itt al : C A -7 0 6 lb . ( 2. 5 kg ) C oa rs e A gg re ga te 5 0 lb . (2 4 kg ) Sa nd 1 .1 lb . ( 50 0 g) Fi ne A gg re ga te 3 0 lb . (1 5 kg ) Pa y It em N o. Te st T yp e Sp ec . N o. C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 24 04 G ra da tio n an d Q ua lit y T es tin g in cl ud in g C oa rs e A gg re ga te T es tin g on - #2 00 ( -7 5µ m ) ( Q C /V er if ic at io n) (5 -6 94 .1 45 , 5 -6 94 .1 46 ) a nd 5 -6 94 .1 48 )) 31 26 31 37 P ri or to c on cr et e pr od uc tio n, th e C on tr ac to r sh al l p ro vi de th e A ge nc y w it h: ⢠A gg re ga te p it nu m be rs ⢠1 pa ss in g gr ad at io n re su lt pe r ag gr eg at e fr ac ti on p er s ou rc e N o qu al it y te st r es ul ts a re r eq ui re d. T es t c om pa ni on s am pl es a t C on tr ac to râ s di sc re tio n. 1 pe r ag gr eg at e fr ac tio n pr io r to c on cr et e pr od uc tio n an d ea ch ti m e ag gr eg at e is d el iv er ed to th e si te . Id en tif y qu al it y sa m pl es w it h a âQ â on th e Sa m pl e ID C ar d an d th e Q ua li ty c om pa ni on sa m pl e. 24 10 Sa m pl e ID C ar d 21 41 2 W ee kl y R ep or t o f âL ow S lu m p C on cr et eâ A ir C on te nt f or T yp e 3 C on cr et e (V er if ic at io n) (5 -6 94 .5 41 ) 24 61 N on e 1 pe r 15 y d3 ( m 3 ) T es t a t b eg in ni ng o f po ur e ac h da y Sl um p (V er if ic at io n) (5 -6 94 .5 31 ) 24 61 N on e 1 pe r 15 y d3 ( m 3 ) T es t a t b eg in ni ng o f po ur e ac h da y Fo r co nc re te f ro m a c on cr et e- m ob ile , a llo w m ix to h yd ra te 4 to 5 m in ut es b ef or e sl um p te st to as su re a ll ce m en t i s sa tu ra te d. C om pr es si ve S tr en gt h (V er if ic at io n) (5 -6 94 .5 11 ) 24 61 N on e 1 cy li nd er ( 28 -d ay ) pe r 30 y d3 ( m 3 ) 24 09 ID C ar d C on cr et e T es t C yl in de r
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 40 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g â C on cr et e Pa ve m en t R ep ai r (C PR ) f or 3 U 18 R em ar ks : (1 ) M ix d es ig n is p ro vi de d in a cc or da nc e w it h M nD O T S pe c 31 05 u nl es s ot he rw is e sp ec if ie d in th e C on tr ac t. (2 ) T es tin g ra te s ap pl y to c on cr et e th at is p ro du ce d on s ite . (3 ) A ll fi el d gr ad at io n sa m pl es s ha ll be ta ke n by th e A ge nc y. A ll gr ad at io n an d qu al it y te st s re qu ir e co m pa ni on s am pl es . (4 ) P er fo rm Q ua lit y te st in g as d ir ec te d by th e C on cr et e E ng in ee r. M in im um S am pl e Si ze s: G ra da tio n Te st : Q ua lit y Sa m pl e Si ze fo r L ab S ub m itt al : 3/ 4â M in us ( â1 9 m m ) 1 0 lb . ( 5 kg ) F in e A gg re ga te 3 0 lb . ( 15 k g) C A -7 0 6 lb . ( 2. 5 kg ) C A -8 0, S an d 1 .1 lb . ( 50 0 g) Pa y It em N o. Te st T yp e Sp ec . N o. C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 02 G ra da tio n an d (Q C /V er if ic at io n) (5 -6 94 .1 45 a nd 5 -6 94 .1 48 ) 31 26 31 37 P ri or to c on cr et e pr od uc tio n, th e C on tr ac to r sh al l p ro vi de th e A ge nc y w it h: ⢠A gg re ga te p it nu m be rs ⢠1 pa ss in g gr ad at io n re su lt pe r ag gr eg at e fr ac ti on p er s ou rc e. T es t c om pa ni on s am pl es a t C on tr ac to râ s di sc re tio n. 1 pe r ag gr eg at e fr ac tio n pr io r to c on cr et e pr od uc tio n an d ea ch ti m e ag gr eg at e is d el iv er ed to th e si te . 24 10 Sa m pl e ID C ar d Q ua lit y T es tin g in cl ud in g C oa rs e A gg re ga te T es tin g on - #2 00 ( -7 5µ m ) ( 5- 69 4. 14 6) 31 26 31 37 N o qu al it y te st r es ul ts a re r eq ui re d. 1 te st e ac h ag gr eg at e fr ac tio n pe r so ur ce T he A ge nc y m ay u se th e gr ad at io n re su lt s fo r th e Q ua lit y Sa m pl es a s a su bs tit ut e fo r 1 re qu ir ed f ie ld gr ad at io n. Id en tif y qu al it y sa m pl es w it h a âQ â on th e Sa m pl e ID C ar d an d th e Q ua li ty c om pa ni on s am pl e. 24 10 Sa m pl e ID C ar d A ir C on te nt f or T yp e 3 C on cr et e (V er if ic at io n) (5 -6 94 .5 41 ) 24 61 N on e 1 pe r 15 y d3 ( m 3 ) T es t a t b eg in ni ng o f po ur e ac h da y. 24 48 W ee kl y C on cr et e R ep or t
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 41 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g â C on cr et e Pa ve m en t R ep ai r (C PR ) f or 3 U 18 (c on t.) R em ar ks : (4 ) M ix d es ig n is p ro vi de d in a cc or da nc e w it h M nD O T S pe c 31 05 u nl es s ot he rw is e sp ec if ie d in th e C on tr ac t. (5 ) T es tin g ra te s ap pl y to c on cr et e th at is p ro du ce d on s ite . (6 ) A ll fi el d gr ad at io n sa m pl es s ha ll be ta ke n by th e A ge nc y. A ll gr ad at io n an d qu al it y te st s re qu ir e co m pa ni on s am pl es . (5 ) P er fo rm Q ua lit y te st in g as d ir ec te d by th e C on cr et e E ng in ee r. M in im um S am pl e Si ze s: G ra da tio n Te st : Q ua lit y Sa m pl e Si ze fo r L ab S ub m itt al : 3/ 4â M in us ( â1 9 m m ) 1 0 lb . ( 5 kg ) F in e A gg re ga te 3 0 lb . ( 15 k g) C A -7 0 6 lb . ( 2. 5 kg ) C A -8 0, S an d 1 .1 lb . ( 50 0 g) Pa y It em N o. Te st T yp e Sp ec . N o. C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 02 Sl um p (V er if ic at io n) (5 -6 94 .5 31 ) 24 61 N on e 1 pe r 15 y d3 ( m 3 ) T es t a t b eg in ni ng o f po ur e ac h da y. A llo w m ix to h yd ra te 5 m in ut es b ef or e sl um p te st to a ss ur e al l c em en t i s sa tu ra te d. C om pr es si ve S tr en gt h (V er if ic at io n) (5 -6 94 .5 11 ) 24 61 N on e 1 cy li nd er ( 28 -d ay ) pe r 30 y d3 ( m 3 ) 24 09 ID C ar d C on cr et e T es t C yl in de r
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 42 IV . C on cr et e C on st ru ct io n It em s ( co nt .) (w w w .d ot .st at e. m n. us /m at er ia ls /c on cr et e. ht m l) C on cr et e Fi el d T es tin g âD ow el B ar R et ro fit (D B R ) R em ar ks : (1 ) M ix D es ig n is C on tr ac to r's r es po ns ib ili ty w it h re vi ew b y M nD O T u nl es s ot he rw is e sp ec if ie d in th e C on tr ac t. (2 ) T es tin g ra te s ap pl y to c on cr et e th at is p ro du ce d on s ite . (N ot f ro m a c er tif ie d re ad y- m ix p la nt .) (3 ) A ll fi el d gr ad at io n sa m pl es s ha ll be ta ke n by th e A ge nc y. A ll gr ad at io n an d qu al it y te st s re qu ir e co m pa ni on s am pl es . (4 ) P er fo rm Q ua lit y te st in g as d ir ec te d by th e C on cr et e E ng in ee r. M in im um S am pl e Si ze s: G ra da tio n Te st : Q ua lit y Sa m pl e Si ze fo r La b Su bm itt al : C A -8 0, S an d 1 .1 lb . ( 50 0 g) C oa rs e A gg re ga te 5 0 lb . ( 24 k g) F in e A gg re ga te 3 0 lb . ( 15 k g) Pa y It em N o. Te st T yp e Sp ec . N o. C on tr ac to r Te st in g A ge nc y Te st in g Fo rm N o. 23 02 G ra da tio n an d Q ua lit y T es tin g in cl ud in g C oa rs e A gg re ga te T es tin g on - #2 00 ( -7 5µ m ) ( Q C /V er if ic at io n) (5 -6 94 .1 45 , 5 -6 94 .1 46 ) a nd 5 -6 94 .1 48 ) 31 26 31 37 P ri or to c on cr et e pr od uc tio n, th e C on tr ac to r sh al l p ro vi de th e A ge nc y w it h: ⢠A gg re ga te p it nu m be rs ⢠1 pa ss in g gr ad at io n re su lt pe r ag gr eg at e fr ac ti on p er s ou rc e. N o qu al it y te st r es ul ts a re r eq ui re d. T es t c om pa ni on s am pl es a t C on tr ac to râ s di sc re tio n. 1 pe r ag gr eg at e fr ac tio n pr io r to c on cr et e pr od uc tio n an d ea ch ti m e ag gr eg at e is d el iv er ed to th e si te . Id en tif y qu al it y sa m pl es w it h a âQ â on th e Sa m pl e ID C ar d an d th e Q ua li ty c om pa ni on s am pl e. 24 10 Sa m pl e ID C ar d D ow el B ar R et ro fi t M at er ia l C om pr es si ve S tr en gt h (V er if ic at io n) (5 -6 94 .5 11 ) 23 01 23 02 N on e D ur in g th e pr e- pr od uc tio n te st o pe ra tio ns : 1 se t o f 3 cy li nd er s te st ed a t a r at e as d ir ec te d by th e E ng in ee r. T es tin g m ay n ee d to b e re pe at ed if a ny p ro bl em s w it h th e do w el b ar r et ro fi t m at er ia l a re en co un te re d. Fi rs t d ay o f pr od uc tio n: 1 se t o f 3 cy li nd er s te st ed a t a r at e as d ir ec te d by th e C on cr et e E ng in ee r. A ft er th e fi rs t d ay o f pr od uc ti on : 1 cy li nd er p er d ay d ur in g pr od uc tio n te st ed a t r at e de te rm in ed b y E ng in ee r to d et er m in e op en in g to tr af fi c st re ng th . 24 09 ID C ar d C on cr et e T es t C yl in de r
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 43 V . La nd sc ap in g an d Er os io n C on tr ol It em s Pa y It em N o K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 21 05 25 71 25 75 1. M an uf ac tu re d T op so il bo rr ow a Sa lv ag ed T op so il (s to ck pi le d) 38 77 .2 N on e Fr om e ac h so ur ce : O ne c om po si te sa m pl e fo r th e fi rs t 7 65 m 3 (1 ,0 00 C u yd ). O ne c om po si te s am pl e fo r ea ch a dd iti on al 2 ,3 00 m 3 (3 ,0 00 C u yd ). S m al l q ua nt iti es u nd er 7 5 m 3 (1 00 C u yd .) , n o sa m pl e re qu ir ed . O ne c om po si te s am pl e fo r ea ch st oc kp ile d to ps oi l, te st f or f er ti lit y. 10 k g (2 0 lb .) a T es t r es ul ts s ho w in g m ee ts s pe ci fi ca tio ns . T es tin g fo r al l t op so il fo r fe rt ili ty b y C on tr ac to r at C er tif ie d So ils L ab . Sa m pl in g sh al l b e do ne o nc e so ur ce is id en ti fi ed o r ex is ti ng to ps oi l is s to ck pi le d. 25 71 25 75 25 77 2. P la nt S to ck & L an ds ca pe M at er ia ls b 38 61 a nd 25 71 .2 A 1 Fi el d In sp ec tio n at J ob Si te , s ub m it ite m iz ed re po rt f or e ac h sh ip m en t c . b P re lim in ar y in sp ec tio n w ill n ot b e do ne a t t he s ou rc e. M at er ia l m us t b e in a cc or da nc e w it h th e In sp ec tio n an d C on tr ac t A dm in is tr at io n G ui de li ne s fo r M nD O T L an ds ca pe P ro je ct s. c U til iz e "I ns pe ct io n an d C on tr ac t A dm in is tr at io n G ui de li ne s fo r M nD O T L an ds ca pe P ro je ct s" to d et er m in e an d m ea su re m in im um an d m ax im um c ri te ri a th re sh ol ds . T he f ol lo w in g do cu m en ta tio n m us t b e pr ov id ed : 1. A M nD O T C er tif ic at e of C om pl ia nc e fo r P la nt S to ck , L an ds ca pe M at er ia ls , a nd E qu ip m en t 2. A v al id c op y of a n ur se ry s to ck ( de al er o r gr ow er ) ce rt if ic at e re gi st er ed w it h th e M N D ep t. of A gr ic . A nd /o r a cu rr en t n ur se ry ce rt if ic at e/ li ce ns e fr om a s ta te o r pr ov in ci al D ep t. of A gr ic . f or ea ch p la nt s to ck s up pl ie r. 3. A c op y of th e m os t r ec en t C er tif ic at e of N ur se ry I ns pe ct io n fo r ea ch p la nt s to ck s up pl ie r. 4. P la nt m at er ia l s hi pp ed f ro m o ut -o f- st at e nu rs er y ve nd or s su bj ec t t o pe st q ua ra nt in es m us t b e ac co m pa ni ed b y do cu m en ta tio n ce rt if yi ng a ll pl an ts s hi pp ed a re f re e of r eg ul at ed pe st s. 5. B ill s of la di ng ( sh ip pi ng d oc um en ts ) fo r al l m at er ia ls d el iv er ed . 6. I nv oi ce s fo r al l m at er ia ls to b e us ed . 7. E ac h bu nd le , b al e, o r in di vi du al p la nt m us t b e le gi bl y an d se cu re ly la be le d w it h th e na m e an d si ze o f ea ch s pe ci es o r va ri et y. 25 02 25 73 25 75 25 77 3. E ro si on C on tr ol B la nk et d 38 85 V is ua l I ns pe ct io n R an do m - S ee F oo tn ot e d d C he ck W eb s ite f or li st o f ap pr ov ed p ro du ct s. . w w w .d ot .s ta te .m n. us /p ro du ct s
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 44 V . La nd sc ap in g an d Er os io n C on tr ol It em s ( co nt .) Pa y It em N o K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 73 25 77 4. E ro si on C on tr ol N et tin g e 38 85 V is ua l I ns pe ct io n e C he ck W eb s ite f or li st o f ap pr ov ed p ro du ct s. w w w .d ot .s ta te .m n. us /p ro du ct s 25 73 5. S ilt F en ce f 38 86 C he ck P ro du ct L ab el . O bt ai n C er ti fi ca te o f C om pl ia nc e w it h M A R V va lu es f C he ck A pp ro ve d/ Q ua li fi ed P ro du ct s L is t ( A /Q P L ) of a cc ep te d ge ot ex til es w w w .d ot .s ta te .m n. us /p ro du ct s 25 73 6. F lo ta tio n Si lt C ur ta in g 38 87 V is ua l I ns pe ct io n g A cc ep te d, b as ed o n m an uf ac tu re rs ' c er tif ic at io n of co m pl ia nc e. C he ck w ei gh t o f fa br ic . 25 73 25 75 7. E ro si on S ta bi liz at io n M at h 38 85 V is ua l I ns pe ct io n h C he ck W eb s ite f or li st o f ap pr ov ed pr od uc ts . w w w .d ot .s ta te .m n. us /p ro du ct s 25 73 8. F ilt er L og s 38 97 V is ua l I ns pe ct io n N on e 25 73 9. F lo cc ul an ts i 38 98 V is ua l I ns pe ct io n N on e i C er tif ic at e of C om pl ia nc e an d M SD S to th e E ng in ee r. 25 71 25 75 10 . F er til iz er j 38 81 V is ua l I ns pe ct io n j B ag ge d: I ns pe ct ed o n th e ba si s of g ua ra nt ee d an al ys is . R at e ba se d on f er til it y an al ys is o f sl op e dr es si ng /to ps oi l. B ul k: I ns pe ct or to o bt ai n co py o f in vo ic e of b le nd ed m at er ia l s ta tin g an al ys is . C he ck th e ty pe s pe ci fi ed . 25 71 25 75 11 . A gr ic ul tu ra l L im e k 38 79 O ne g ra da tio n te st f or e ac h 18 0 M et ri c T on ( 20 0 to n) k C on tr ac to r m us t s up pl y am ou nt o f E N P ( E qu iv al en t N eu tr al iz in g P ow er ) fo r ea ch s hi pm en t. 25 75 25 77 12 . M ul ch M at er ia l A . T yp e 3 M ul ch - C er ti fi ed W ee d Fr ee (C er tif ie d so ur ce s on ly ) l 38 82 V is ua l I ns pe ct io n, C he ck if fr om C er ti fi ed V en do r by M in ne so ta C ro p Im pr ov em en t A ss oc ia tio n. M us t b e ta gg ed , g ra in s tr aw on ly . l C er tif ie d m ul ch w ill b e in di ca te d by la be l.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 45 V . La nd sc ap in g an d Er os io n C on tr ol It em s ( co nt .) Pa y It em N o K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 71 25 75 25 77 13 . M ul ch M at er ia l B . T yp e 6 M ul ch â W oo dc hi ps 38 82 V is ua l I ns pe ct io n, o ne gr ad at io n pe r su pp lie r. O bt ai n C er ti fi ca te o f C om pl ia nc e. G ra da tio n 1/ 10 ,0 00 y d3 pe r su pp lie r. A ll w oo d ch ip s su pp lie d by a s up pl ie r ou ts id e th e E m er al d A sh B or er q ua ra nt in e ar ea o r ha ve a n E m er al d A sh B or er C om pl ia nc e A gr ee m en t w it h th e M D A . 25 02 25 75 25 77 14 . S ee ds A . S ee ds ( C er ti fi ed V en do rs O nl y) ( M ix es 2 2- 00 0 an d 25 -0 00 s er ie s) m 38 76 C he ck f or C er ti fi ed V en do r ta g fr om M in ne so ta C ro p im pr ov em en t A ss oc ia tio n. If m at er ia ls a re o n ha nd a nd pa st th e tw el ve m on th s, te st in g m us t b e do ne . m P er io di c sa m pl in g ta ke n by O ff ic e of E nv ir on m en ta l Se rv ic es . A ny m ol dy o r in se ct c on ta m in at ed s ee d m us t b e re je ct ed . 25 02 25 75 25 77 14 . S ee ds B . N at iv e Se ed ( M ix es 3 0- 00 0 se ri es ) ce rt if ie d se ed o nl y n 38 76 C he ck if f ro m C er ti fi ed V en do r by M in ne so ta C ro p Im pr ov em en t A ss oc ia tio n, M us t b e ta gg ed . If m at er ia ls a re o n ha nd a nd pa st th e tw el ve m on th s, te st in g m us t b e do ne . n C er tif ie d se ed w il l b e in di ca te d by la be l o n co nt ai ne rs . R ej ec t a ll m ol dy o r in se ct c on ta m in at ed se ed . P er io di c sa m pl in g ta ke n by O ff ic e of E nv ir on m en ta l S er vi ce s. 25 75 15 . S od o 38 78 A c er ti fi ed ta g by M in ne so ta C ro p Im pr ov em en t A ss oc ia tio n fo r Sa lt to le ra nt s od . F in al V is ua l I ns pe ct io n at s ite . o A C er tif ic at e of C om pl ia nc e m us t b e fu rn is he d by th e pr od uc er to th e E ng in ee r fo r th e ty pe o f so d su pp lie d sh ow in g co rr ec t g ra ss v ar ie tie s. 25 71 25 75 16 . C om po st A . C om po st C er ti fi ed S ou rc e p 38 90 V is ua l I ns pe ct io n p C he ck A pp ro ve d/ Q ua li fi ed P ro du ct s L is t ( A /Q P L ), re ta in C er ti fi ca te o f C om pl ia nc e. 25 71 25 75 17 . C om po st B . C om po st N on -C er ti fi ed So ur ce q 38 90 In sp ec tio n of s ou rc e 6 w ee ks p ri or to d el iv er y. q R et ai n C er tif ic at e of C om pl ia nc e, 6 w ee ks p ri or to de liv er y. 25 75 18 . H yd ra ul ic S oi l S ta bi liz er r 38 84 N on e r C he ck A pp ro ve d/ Q ua li fi ed P ro du ct s L is t ( A /Q P L ). I ns ta lle r ne ed s to s ho w c er tif ic at e of tr ai ni ng .
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 46 V I. C he m ic al It em s Pa y It em N o. Ki nd o f M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 01 A sp ha lt P la nk 32 04 V is ua l I ns pe ct io n 1 pe r 1, 00 0 pl an k or le ss o f ea ch th ic kn es s in e ac h sh ip m en t 3 â 1 m (y d) pi ec es sa m pl es fr om di ff er en t pl an ks 21 31 C al ci um C hl or id e 39 11 V is ua l I ns pe ct io n L iq ui d: 1 p er 4 0, 00 0 L (1 p er 1 0, 00 0 ga l) D ry : 1 p er s hi pm en t 0. 5 L (1 p in t) o r 0. 5 kg (1 lb .) in P la st ic C on ta in er 21 31 M ag ne si um C hl or id e 39 12 V is ua l I ns pe ct io n 1 pe r 40 ,0 00 L (1 p er 1 0, 00 0 ga l.) 0. 5 L (1 p in t) in P la st ic C on ta in er 23 31 H ot -P ou r C ra ck S ea la nt f or C ra ck S ea li ng /F il li ng 37 19 37 23 37 25 V is ua l I ns pe ct io n 1 pe r lo t. T ak e sa m pl es fr om a pp lic at io n w an d. U se c au tio n w he n ha nd li ng ho t c on ta in er s 2. 26 k g (5 lb .) in a 1g al s te el co nt ai ne r. 23 31 P av em en t J oi nt A dh es iv e Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n 1 pe r lo t. T ak e sa m pl es fr om a pp lic at io n w an d. U se c au tio n w he n ha nd li ng ho t c on ta in er s 2. 26 k g (5 lb .) in a 1g al s te el co nt ai ne r 24 10 S am pl e ID C ar d âi nc lu di ng m an uf ac tu re r an d lo t n um be r 24 81 W at er pr oo fi ng M at er ia ls M em br an e W at er pr oo fi ng S ys te m 37 57 V is ua l I ns pe ct io n 1 pe r sh ip m en t ( M em br an e O nl y) 0. 1 m 2 (1 S q Ft ) O nl y w at er pr oo fi ng s ys te m s fr om q ua li fi ed s ou rc es a re al lo w ed f or u se . T he m os t c ur re nt li st c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s M em br an e W at er pr oo fi ng S ys te m : T he m an uf ac tu re r sh al l s ub m it a on e sq ua re f oo t s am pl e of th e m em br an e al on g w it h a le tte r of C er tif ic at io n an d te st r es ul ts st at in g th at th e m em br an es m ee t t he r eq ui re m en ts o f th is s pe ci fi ca tio n. O th er c om po ne nt s of th e w at er pr oo fi ng s ys te m d o no t n ee d to b e sa m pl ed f or te st in g.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 47 V I. C he m ic al It em s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 81 W at er pr oo fi ng M at er ia ls T hr ee P ly S ys te m A sp ha lt P ri m er 31 65 V is ua l I ns pe ct io n 1 pe r sh ip m en t 0. 5 L (1 p t.) in st ee l co nt ai ne r 24 81 W at er pr oo fi ng M at er ia ls T hr ee P ly S ys te m W at er pr oo fi ng A sp ha lt 31 66 V is ua l I ns pe ct io n 1 pe r sh ip m en t 0. 5 L (1 p t.) in st ee l co nt ai ne r 24 81 W at er pr oo fi ng M at er ia ls T hr ee P ly S ys te m F ab ri c 32 01 V is ua l I ns pe ct io n 1 pe r sh ip m en t 1 m 2 (1 S q yd ) 25 82 W at er bo rn e L at ex T ra ff ic M ar ki ng P ai nt . 35 91 V is ua l I ns pe ct io n 1 pe r lo t 0. 5 L (1 p in t) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e. O nl y tr af fi c m ar ki ng p ai nt s fr om Q ua li fi ed P ro du ct s L is t ar e al lo w ed f or u se . T he m os t c ur re nt Q ua li fi ed P ro du ct s lis t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s 25 82 E po xy T ra ff ic P ai nt 35 90 V is ua l I ns pe ct io n 1 P ar t A p er lo t 1 C at al ys t P ar t B p er lo t 0. 5 L (1 p in t) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e. O nl y tr af fi c m ar ki ng p ai nt s fr om Q ua li fi ed P ro du ct s L is t ar e al lo w ed f or u se . T he m os t c ur re nt Q ua li fi ed P ro du ct s lis t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s 25 82 T ra ff ic M ar ki ng P ai nt Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n 1 P ar t A p er lo t 1 C at al ys t P ar t B p er lo t 0. 5 L (1 p in t) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e. O nl y tr af fi c m ar ki ng p ai nt s fr om Q ua li fi ed P ro du ct s L is t ar e al lo w ed f or u se . T he m os t c ur re nt Q ua li fi ed P ro du ct s lis t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s Fo r tr af fi c m ar ki ng p ai nt s ot he r th an W at er bo rn e L at ex an d E po xy . Se e Sp ec ia l P ro vi si on f or Q ua li fi ed P ro du ct s L is t. 25 64 N on -T ra ff ic S tr ip in g P ai nt s 35 00 S er ie s Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n 0. 5 L (1 p in t) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at io n of C om pl ia nc e. F or a ll ot he rs , s ee S pe ci al P ro vi si on s. S en d co lo r sa m pl e to C he m ic al L ab or at or y fo r co lo r m at ch in g.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 48 V I. C he m ic al It em s ( C on t.) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 78 B ri dg e St ru ct ur al S te el P ai nt 35 20 V is ua l I ns pe ct io n C er tif ic at e of C om pl ia nc e w it h ea ch b at ch /lo t f or ea ch c om po ne nt o f th e pa in t s ys te m to th e E ng in ee r. P ro vi de a c ol or â D ra w D ow nâ s am pl e to th e M nD O T C he m ic al L ab or at or y fo r ve ri fi ca tio n of th e fi ni sh c oa t c ol or Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e. O nl y pa in ts f ro m A pp ro ve d P ro du ct s L is t a re a llo w ed f or u se . T he m os t c ur re nt A pp ro ve d P ro du ct s L is t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s E xt er io r M as on ry P ai nt 35 84 V is ua l I ns pe ct io n 1 pe r lo t P ro vi de a c ol or â D ra w D ow nâ s am pl e to th e M nD O T C he m ic al L ab or at or y fo r ve ri fi ca tio n of th e fi ni sh c oa t c ol or . 0. 5 L (1 p in t) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e O nl y pa in ts f ro m A pp ro ve d P ro du ct s L is t a re a llo w ed fo r us e. T he m os t c ur re nt A pp ro ve d Pr od uc ts L is t c an be f ou nd a t w w w .d ot .s ta te .m n. us /p ro du ct s N oi se W al l S ta in Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n C er tif ic at e of C om pl ia nc e fo r ea ch b at ch /lo t o f pa in t. P ro vi de a c ol or â D ra w D ow nâ s am pl e to th e M nD O T C he m ic al L ab or at or y fo r ve ri fi ca tio n of th e fi ni sh c oa t c ol or . Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e O nl y pa in ts f ro m A pp ro ve d P ro du ct s L is t a re a llo w ed fo r us e. T he m os t c ur re nt A pp ro ve d Pr od uc ts L is t c an be f ou nd a t w w w .d ot .s ta te .m n. us / 25 82 D ro p- on G la ss B ea ds 35 92 V is ua l I ns pe ct io n 1 pe r lo t 1 L ( qt .) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e O nl y gl as s be ad s fr om Q ua li fi ed P ro du ct s L is t a re al lo w ed f or u se . T he m os t c ur re nt Q ua li fi ed P ro du ct s L is t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s 25 02 25 81 25 82 P av em en t M ar ki ng T ap e 33 54 33 55 Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n 1 cl ea n sa m pl e of e ac h co lo r pe r lo t 3 m (3 y ds .) Fo rm 0 24 15 L is t b at ch n um be rs a nd r et ai n C er tif ic at e of C om pl ia nc e. O nl y pa ve m en t m ar ki ng ta pe f ro m Q ua li fi ed P ro du ct s L is t a re a llo w ed f or u se . T he m os t cu rr en t Q ua li fi ed P ro du ct s L is t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 49 V I. C he m ic al It em s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 40 25 63 25 64 25 65 25 82 Si gn s an d M ar ke rs 33 52 V is ua l I ns pe ct io n N on e un le ss m at er ia l su sp ec t Fo rm 0 24 15 O nl y Si gn s an d M ar ke rs f ro m Q ua li fi ed P ro du ct s L is t ar e al lo w ed f or u se . T he m os t c ur re nt Q ua li fi ed P ro du ct s L is t c an b e fo un d at w w w .d ot .s ta te .m n. us /p ro du ct s V II . M et al lic M at er ia ls a nd M et al P ro du ct s Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 54 1. G ua rd R ai l A . F it tin gs - S pl ic er s, B ol ts , et c. 33 81 V is ua l I ns pe ct io n B ol ts : 2 P os t b ol ts a nd 4 sp lic e bo lts w it h nu ts f or ea ch 1 ,0 00 u ni ts o r le ss . Fo rm 0 24 15 o r 24 03 T o be a pp ro ve d be fo re u se . M at er ia ls f ro m H & R m ay be p re -s am pl ed a nd te st ed . C al l t he M nD O T in sp ec to r at 2 18 -8 46 -3 61 3 to s ee if m at er ia l h as b ee n ap pr ov ed . Fo r no n- pr e- te st ed , s ub m it la bo ra to ry s am pl es a t re qu ir ed r at e. F or s m al l q ua nt it ie s, la b sa m pl es a re n ot re qu ir ed , b ut d oc um en t o n Fo rm 0 24 15 o r 24 03 a nd m ai nt ai n in p ro je ct f ile . S m al l Q ua nt iti es : R ai l Se ct io ns - 2 0 or le ss T er m in al s - 10 o r le ss P os t B ol ts - 10 0 or le ss , S pl ic e B ol ts - 1 00 o r le ss 25 54 1. B .i. N on -H ig h T en si on G ua rd R ai l C ab le 33 81 V is ua l I ns pe ct io n 1 sa m pl e fr om e ac h sp oo l 1. 2 m (4 f t) Fo rm 0 24 15 o r 24 03 Se e V II .1 .A . 25 54 1. B .ii . H ig h T en si on G ua rd R ai l C ab le Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n N on e, u nl es s m at er ia l i s su sp ec t ( se e no te ) 1. 2 m (4 f t) Sa m pl e at th e ra te o f 1/ 50 ,0 00 f t. if th e st ra nd a pp ea rs da m ag ed o r su sp ec t ( A cc ep te d as p ar t o f sy st em ) 25 54 1. G ua rd R ai l C . S tr uc tu ra l P la te B ea m 33 82 V is ua l I ns pe ct io n O ne s am pl e fr om o ne e dg e of e ac h 20 0 ra il se ct io ns o r on e sa m pl e of e ac h 10 0 te rm in al s ec tio ns Fu ll de pt h x 0. 25 m (f ul l d ep th x 10 ") Fo rm 0 24 15 o r 24 03 Se e V II .1 .A . 25 54 D . P la te B ea m G ui de P os ts 33 82 V is ua l I ns pe ct io n N on e, u nl es s m at er ia l i s su sp ec t Fo rm 0 24 15 o r 24 03 25 54 E . H ig h T en si on G ui de P os ts Sp ec . P ro vi si on s V is ua l I ns pe ct io n N on e, u nl es s m at er ia l i s su sp ec t Fo rm 0 24 15 o r 24 03 (A cc ep te d as p ar t o f sy st em )
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 50 V II . M et al lic M at er ia ls a nd M et al P ro du ct s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 45 25 54 25 64 2. S te el S ig n P os ts 34 01 V is ua l I ns pe ct io n & C er tif ic at io n fr om C on tr ac to r of co m pl ia nc e w it h D om es tic so ur ce r eq ui re m en t u nd er 1 60 1, if a pp lic ab le . T w o po st s pe r sh ip m en t o f ea ch m as s pe r un it le ng th . Su bm it sh or te st f ul l s iz ed le ng th o f ea ch w ei gh t, no t a sc ra p pi ec e. Se e no te Fo rm 0 24 15 o r 24 03 C he ck d om es ti c st ee l r eq ui re m en t u nd er 1 60 1 N o Sa m pl es f or p ro je ct q ua nt iti es le ss th an 2 0 25 54 25 57 3 .P os ts f or T ra ff ic & F en ce A . S te el f en ce p os ts , b ra ce b ar s, an d ra ils 34 03 34 06 V is ua l I ns pe ct io n O ne s am pl e pe r 50 0 pi ec es . Su bm it fu ll le ng th f or p os ts us ed in th e gr ou nd ( li ne , te rm in al , " C " an d an ch or po st s) , a nd 5 ' l en gt h of to p ra il an d br ac e ba r. Fo rm 0 24 15 o r 24 03 C he ck d om es ti c st ee l r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . R et ai n C er tif ic at e of C om pl ia nc e an d ce rt if ie d m ill a na ly si s in p ro je ct fi le . Se e lin k fo r ce rt if ic at io n fo rm o n ri gh t s id e of pa ge , w w w .d ot .s ta te .m n. us /m at er ia ls /la b. ht m l 25 57 3. F en ce B . C om po ne nt s: i nc lu de s cu p, c ap , n ut , b ol t, en d cl am p, te ns io n ba nd , t ru ss r od tig ht en er , h og r in g, ti e w ir e, te ns io n st re tc he r ba r, tr us s ro d, c la m p, & te ns io n w ir e 33 76 V is ua l I ns pe ct io n 1 ea ch o f cu p, c ap , n ut , b ol t, en d cl am p, te ns io n ba nd s, tr us s ro d tig ht en er , 1 2 ho g ri ng s, 6 ti e w ir es , 1 te ns io n st re tc he r ba r; 1 tr us s ro d, c ut to 2 -f oo t m in . w it h th re ad ed se ct io n, 3 f ee t o f te ns io n w ir e. Fo rm 0 24 15 o r 24 03 C he ck d om es tic s te el r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . R et ai n C er ti fi ca te o f C om pl ia nc e in th e pr oj ec t f ile . Se e lin k fo r ce rt if ic at io n fo rm o n ri gh t s id e of pa ge , w w w .d ot .s ta te .m n. us /m at er ia ls /la b. ht m l 25 57 3 . F en ce C . G at es 33 79 V is ua l I ns pe ct io n N o sa m pl e re qu ir ed . Se e no te s. Fo rm 0 24 15 o r 24 03 C he ck d om es tic s te el r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . R et ai n C er ti fi ca te o f C om pl ia nc e in th e pr oj ec t f ile . Se e lin k fo r ce rt if ic at io n fo rm o n ri gh t s id e of pa ge , w w w .d ot .s ta te .m n. us /m at er ia ls /la b. ht m l 25 57 3. F en ce D . B ar be d W ir e 33 76 V is ua l I ns pe ct io n. O ne s am pl e pe r 50 r ol ls 1 m (3 f t) Fo rm 0 24 15 o r 24 03 C he ck d om es tic s te el r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . R et ai n C er ti fi ca te o f C om pl ia nc e in th e pr oj ec t f ile . Se e lin k fo r ce rt . f or m o n ri gh t s id e of p ag e, w w w .d ot .s ta te .m n. us /m at er ia ls /la b. ht m l
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 51 V II . M et al lic M at er ia ls a nd M et al P ro du ct s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 57 3. F en ce E . W ov en W ir e Fa br ic 33 76 V is ua l I ns pe ct io n O ne f ul l h ei gh t s am pl e pe r 50 r ol ls 1 m (3 f t) Fo rm 0 24 15 o r 24 03 C he ck d om es tic s te el r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . R et ai n C er ti fi ca te o f C om pl ia nc e in th e pr oj ec t f ile . Se e lin k fo r ce rt . f or m r ig ht s id e of p ag e, w w w .d ot .s ta te .m n. us /m at er ia ls /la b. ht m l 25 57 3. F en ce F. C ha in L in k Fa br ic 33 76 V is ua l I ns pe ct io n O ne f ul l h ei gh t s am pl e fo r ea ch 5 ,0 00 f t o f fe nc in g. 0. 3 m (1 f t) Fo rm 0 24 15 o r 24 03 C he ck d om es tic s te el r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . R et ai n C er ti fi ca te o f C om pl ia nc e in th e pr oj ec t f ile . Se e lin k fo r ce rt if ic at io n fo rm o n ri gh t s id e of p ag e, w w w .d ot .s ta te .m n. us /m at er ia ls /la b. ht m l 24 02 4. W at er P ip e an d ot he r P ip in g M at er ia ls 33 64 , 33 65 , 33 66 & Sp ec ia l P ro vi si on s Fo rm 0 24 15 o r 24 03 C he ck d om es ti c st ee l r eq ui re m en t u nd er 1 60 1 Sp ec ia l P ro vi si on . T o be id en tif ie d & te st ed if n ec es sa ry p ri or to u se . Se e Sp ec ia l P ro vi si on s. 22 01 23 01 24 01 24 05 24 11 24 12 24 33 24 52 24 72 25 14 25 31 25 33 25 45 25 64 5. R ei nf or ci ng S te el A . B ar s â U nc oa te d 33 01 V is ua l C he ck f or S iz e an d G ra de M ar ki ng N o Fi el d Sa m pl e N ec es sa ry Fo rm 0 24 15 o r 24 03 Fo r U nc oa te d ba rs - R et ai n C er tif ic at e of C om pl ia nc e an d C er ti fi ed M ill A na ly si s in P ro je ct F ile .
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 52 V II . M et al lic M at er ia ls an d M et al P ro du ct s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 22 01 23 01 24 01 24 05 24 11 24 12 24 33 24 52 24 72 25 14 25 31 25 33 25 45 25 64 5. R ei nf or ci ng S te el B . B ar s - E po xy C oa te d 33 01 V is ua l C he ck f or S iz e an d G ra de M ar ki ng a nd "I ns pe ct ed " ta g O ne s am pl e (1 b ar ) of ea ch s iz e ba r fo r ea ch da y' s co at in g pr od uc tio n 1 m (3 f t) Fo rm 0 24 15 o r 24 03 Fo r E po xy -C oa te d ba rs , s te el w il l b e ta gg ed "I ns pe ct ed " w he n it ha s be en s am pl ed a nd te st ed b y M nD O T p ri or to s hi pm en t, an d it w ill b e ta gg ed "S am pl ed " w he n te st in g ha s no t b ee n co m pl et ed p ri or to s hi pm en t. If th e E po xy -C oa te d ba rs a re n ot ta gg ed " Sa m pl ed " or "I ns pe ct ed ", s ub m it sa m pl es w it h co pi es o f th e , C er tif ic at e of C om pl ia nc e, a nd C er tif ie d M ill A na ly si s. R et ai n or ig in al s of th e C er ti fi ca te o f C om pl ia nc e an d C er ti fi ed M il l A na ly si s in th e pr oj ec t fi le . 24 01 5. R ei nf or ci ng S te el C . B ar s St ai nl es s St ee l Sp ec ia l P ro vi si on s O ne s am pl e (2 B ar s) p er he at p er b ar s iz e 1 m (3 f t) Su bm it co pi es o f m ill te st r ep or ts w it h sa m pl es , r et ai n or ig in al s in p ro je ct f ile 24 01 24 11 24 52 24 72 25 64 5. R ei nf or ci ng S te el D . S pi ra ls 33 05 O ne p er s hi pm en t 1 m ( 3 ft ) Sa m e as 5 .B 22 01 23 01 24 01 24 11 24 12 24 72 25 31 5. R ei nf or ci ng S te el E . S te el F ab ri c 33 03 V is ua l I ns pe ct io n N o Fi el d Sa m pl e N ec es sa ry R et ai n C er ti fi ca te o f C om pl ia nc e in p ro je ct f ile . 22 01 23 01 24 01 24 11 5. R ei nf or ci ng S te el F. D ow el B ar s 33 02 O ne D ow el B ar f ro m ea ch s hi pm en t Fu ll Si ze D ow el B ar s Fo r al l t yp es o f do w el s â E ac h pr oj ec t s ha ll ha ve a C er tif ic at e of C om pl ia nc e fr om th e M an uf ac tu re r ce rt if yi ng th at a ll m at er ia ls u se d in f ab ri ca tio n of th e do w el b ar s an d ba sk et s co m pl y w it h al l a pp lic ab le sp ec if ic at io ns . T he M an uf ac tu re r sh al l m ai nt ai n al l re co rd s ne ce ss ar y fo r ce rt if ic at io n by p ro je ct . T he C er tif ic at e of C om pl ia nc e sh al l b e su bm it te d to th e P ro je ct E ng in ee r.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 53 V II . M et al lic M at er ia ls a nd M et al P ro du ct s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 01 24 05 5. R ei nf or ci ng S te el G . P re st re ss in g or P os t- T en si on in g St ra nd 33 48 O ne s am pl e (2 s tr an ds ) fr om e ac h he at ( se e N ot es ) 1. 8 m (6 f t) Su bm it on e co py o f m ill c er ti fi ca te a nd o ne c op y of th e st re ss -s tr ai n cu rv e re pr es en ta ti ve o f th e lo t w it h th e sa m pl es . F or m os t m an uf ac tu re rs , a h ea t e qu al s a pr od uc tio n lo t, an d an in di vi du al lo t, pa ck , o r re el is a su bs et o f a he at /p ro du ct io n lo t. 24 02 25 06 25 65 6. D ra in ag e an d E le ct ri ca l C as ti ng s 33 21 24 71 25 65 V is ua l I ns pe ct io n A ll ca st in gs : T hr ee te ns il e ba rs to b e ca st w ith e ac h he at a t F ou nd ry a nd su bm itt ed to th e la b by a n ap pr ov ed F ou nd ry *. Se e 33 21 . Fo rm 0 24 15 o r 24 03 C al l M ap le w oo d L ab or at or y at 6 51 -3 66 -5 54 0 fo r lis t of a pp ro ve d fo un dr ie s, o r se e w eb si te . In sp ec t i n th e fi el d an d re ta in F or m 0 24 15 o r 24 03 in pr oj ec t f ile , s ho w in g na m e of f ou nd ry a nd q ua nt it y 24 01 24 02 24 11 24 33 25 45 25 54 25 64 25 65 7. A nc ho r R od s (C as t i n P la ce ) 33 85 33 91 33 92 C he ck A pp ro ve d/ Q ua li fi ed P ro du ct s lis t, m ill ce rt if ic at io ns , a nd v is ua l in sp ec tio n at th e pr oj ec t si te . P re -a pp ro ve d (s ee n ot es ) or o ne c om pl et e an ch or ro d as se m bl y in cl ud in g nu ts a nd w as he rs f ro m ea ch lo t s up pl ie d. P re -a pp ro ve d sy st em r eq ui re s su pp lie r to s ub m it a sa m pl e to th e D ep ar tm en t y ea rl y fo r ea ch a nc ho r ro d gr ad e. T es t r es ul ts o f sa m pl e m us t v er if y co m pl ia nc e to p ro du ct s pe ci fi ca ti on s. 24 01 24 02 24 11 24 33 25 45 25 54 25 64 25 65 8. S tr uc tu ra l F as te ne rs , b ot h co at ed a nd u nc oa te d 33 85 33 91 33 92 V is ua l i ns pe ct io n an d ve ri fy m at er ia l i s on A P L /Q P L , o r su bm it sa m pl e fo r ve ri fi ca tio n te st in g if n ot o n A P L /Q P L P re -a pp ro ve d (s ee n ot es ) or tw o co m pl et e as se m bl ie s fo r ea ch s iz e, le ng th , d ia m et er , g ra de an d fi ni sh , p er in cr em en t of 1 00 0 or f ra ct io n th er eo f P re -a pp ro ve d sy st em r eq ui re s th e su pp lie r to s ub m it a sa m pl e ye ar ly f or e ac h fa st en er s iz e, g ra de a nd f in is h. T es t r es ul ts m us t v er if y co m pl ia nc e to s pe ci fi ca tio ns . If n ot o n th e A P L /Q P L , s ub m it tw o co m pl et e as se m bl ie s fo r ea ch s iz e, le ng th , g ra de a nd f in is h pe r in cr em en t o f 10 00 o r fr ac tio n th er eo f of f as te ne rs su pp lie d fo r th e pr oj ec t, in cl ud in g nu ts a nd w as he rs fr om e ac h lo t s up pl ie d. O bt ai n pa ss in g te st r es ul ts be fo re in st al la tio n. 24 01 24 11 24 33 9. A nc ho ra ge s (D ri lle d In ) Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n N o la bo ra to ry s am pl es re qu ir ed N ot e: B ef or e in st al la ti on , v er if y th at a nc ho ra ge s ar e on th e qu al if ie d pr od uc ts li st w w w .d ot .s ta te .m n. us /p ro du ct s
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 54 V II . M et al lic M at er ia ls a nd M et al P ro du ct s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 02 10 . S tr uc tu ra l S te el A . F or S te el B ri dg e â B ea m s, G ir de rs , D ia ph ra gm s, e tc . 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f a nd s en t t o th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 24 02 24 05 10 . St ru ct ur al S te el B . Fo r C on cr et e G ir de rs - D ia ph ra gm s an d so le p la te s 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 24 02 10 . St ru ct ur al S te el C .. E xp an si on jo in ts 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 24 02 10 . St ru ct ur al S te el D . S te el B ea ri ng s 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 55 V II . M et al lic M at er ia ls a nd M et al P ro du ct s ( co nt .) P ay It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e T es tin g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r L ab or at or y T es tin g Sa m pl e Si ze N ot es 24 02 10 . St ru ct ur al S te el E . R ai lin g- St ru ct ur al tu be a nd or na m en ta l 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 24 02 10 . St ru ct ur al S te el F. D ra in ag e S ys te m s 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 24 02 10 . St ru ct ur al S te el G . P ro te ct io n A ng le s 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 56 V II . M et al lic M at er ia ls a nd M et al P ro du ct s ( co nt .) P ay It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e T es tin g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r L ab or at or y T es tin g Sa m pl e Si ze N ot es 25 64 11 . O ve rh ea d Si gn s tr uc tu re s 25 64 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 25 45 12 . H ig h M as t L ig ht in g St ru ct ur es 25 45 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/ 25 65 13 . M on ot ub e Si gn al St ru ct ur es 25 65 24 71 St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s N on e St ru ct ur al m et al s pr od uc ts w il l b e in sp ec te d at th e pl an t a nd w ill b e sh ip pe d w it h a St ru ct ur al M et al s In sp ec tio n T ag . A n in sp ec tio n co nf ir m at io n re po rt w il l b e co m pl et ed b y S tr uc tu ra l M et al s In sp ec tio n st af f an d se nt to th e fi el d pe rs on ne l. O nl y ap pr ov ed su pp lie rs a re a llo w ed to s up pl y St ru ct ur al M et al s pr od uc ts . A li st o f ap pr ov ed s up pl ie rs c an b e fo un d on th e B ri dg e O ff ic e w eb s it e: ht tp :// w w w .d ot .s ta te .m n. us /b ri dg e/
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 57 V II I. M isc el la ne ou s M at er ia ls Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 03 24 22 24 52 25 21 25 40 25 45 25 54 25 57 25 64 1. T im be r, L um be r P ili ng & P os ts 34 12 to 34 71 & 34 91 V is ua l I ns pe ct io n Fo rm 0 24 15 o r 24 03 U nt re at ed m at er ia ls s ha ll be in sp ec te d in th e fi el d an d th e re su lts r ep or te d on F or m 0 24 15 o r 24 03 . T re at ed m at er ia ls s ha ll be C er tif ie d on th e In vo ic e or S hi pp in g T ic ke t. M at er ia l i s in sp ec te d an d st am pe d by a n In de pe nd en t A ge nc y as p er S pe ci fi ca tio n 34 91 . C on ta ct L ab or at or y fo r ad di tio na l i nf or m at io n. 24 02 24 05 25 57 M an y 2. M is ce lla ne ou s pi ec es a nd H ar dw ar e ( G al va ni ze d) 33 92 33 94 3 sa m pl es o f ea ch it em p er sh ip m en t. S am pl e cr iti ca l ite m s on ly . ( C ri tic al it em s ar e lo ad b ea ri ng , st ru ct ur al ly n ec es sa ry ite m s. ) T hr ee o f ea ch ty pe . Fo rm 0 24 15 o r 24 03 W ill c ar ry " In sp ec te d" ta g if s am pl ed a nd te st ed p ri or to s hi pm en t. N o sa m pl e ne ce ss ar y if " In sp ec te d" . 25 04 3. I ns ul at io n B oa rd 37 60 V is ua l I ns pe ct io n N on e Fo rm 0 24 15 o r 24 03 24 02 4. L am in at ed E la st om er ic B ea ri ng P ad s 37 41 a nd Sp ec ia l P ro vi si on s St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s Se e N ot es Se e P ro je ct S pe ci al P ro vi si on s fo r Sa m pl in g, T es tin g, an d A cc ep ta nc e R eq ui re m en ts . 24 02 4. P la in E la st om er ic B ea ri ng P ad s 37 41 a nd Sp ec ia l P ro vi si on s St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s Se e N ot es Se e P ro je ct S pe ci al P ro vi si on s fo r Sa m pl in g, T es tin g, an d A cc ep ta nc e R eq ui re m en ts . 24 02 4. C ot to n D uc k B ea ri ng P ad s 37 41 a nd Sp ec ia l P ro vi si on s St ru ct ur al M et al s In sp ec tio n T ag a nd f ie ld in sp ec tio n fo r da m ag e/ de fe ct s Se e N ot es Se e P ro je ct S pe ci al P ro vi si on s fo r Sa m pl in g, T es tin g, an d A cc ep ta nc e R eq ui re m en ts .
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 58 IX . G eo sy nt he tic s, Pi pe , T ile , a nd P re ca st /P re st re ss ed C on cr et e Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 02 24 22 25 01 25 03 25 06 1. C or ru ga te d M et al P ro du ct s A . C ul ve rt P ip e U nd er dr ai ns E ro si on c on tr ol S tr uc tu re s 32 25 th ru 3 22 9, 33 51 an d 33 99 V is ua l I ns pe ct io n: C he ck f or go od c on st ru ct io n, w or km an sh ip , f in is h re qu ir em en ts a nd s hi pp in g Fo rm 0 24 15 o r 24 03 M ak e ce rt ai n pi pe is C er ti fi ed o n In vo ic e, r et ai n ce rt if ic at e of c om pl ia nc e an d ce rt if ie d m il l a na ly si s in pr oj ec t f ile 25 01 1. C or ru ga te d M et al P ro du ct s B . S tr uc tu ra l P la te 32 31 V is ua l I ns pe ct io n: I nv oi ce sh al l i nc lu de n ot at io n th at m at er ia l d es cr ib ed is in ac co rd an ce w it h fa br ic at or 's C er tif ic at e an d G ua ra nt ee Sa m e as 1 .A 25 01 1. C or ru ga te d M et al P ro du ct s C . A lu m in um S tr uc tu ra l P la te 32 33 R et ai n ce rt if ic at e of c om pl ia nc e an d ce rt if ie d m il l an al ys is in p ro je ct f ile 25 03 25 06 2. C la y P ip e 32 51 N o sa m pl es r eq ui re d fo r le ss th an 1 00 p ie ce s 1 sa m pl e pe r 20 0 pi ec es of e ac h si ze . Fu ll Si ze P ip e Fo rm 0 24 15 o r 24 03 25 01 25 03 25 06 3. C on cr et e P ip e A . R ei nf or ce d P ip e an d A rc he s, P re ca st C at tle P as s U ni ts , a nd S ec tio na l M an ho le U ni ts 32 36 Fi el d In sp ec tio n: C he ck fo r da m ag e an d de fe ct s. C he ck d im en si on s as re qu ir ed . C he ck f or pr od uc er 's "C er tif ie d" st am p an d si gn at ur e on th e ce rt if ic at io n do cu m en t. 1 "c om pa ni on " cy lin de r pe r m on th p er p la nt du ri ng p ro du ct io n, o r cy li nd er te st in g m ac hi ne , w hi ch ev er is g re at er . C al l P re ca st I ns pe ct io n E ng in ee r at 6 51 -3 66 - 55 40 f or a dd iti on al in fo rm at io n. Fo rm 0 24 15 o r 24 03 Fo r C on cr et e P ip e B ot h A & B : P ro du ct w ill b e ce rt if ie d by p ro du ce r, o nl y sp ot c he ck s ar e do ne b y pl an t i ns pe ct or . M ak e ce rt ai n th e in vo ic e or ce rt if ic at io n do cu m en t i s si gn ed a nd th e pr od uc t h as th e re qu ir ed m ar ki ng s. M ai nt ai n Fo rm 2 40 3 or 0 24 15 in p ro je ct r ec or ds , s ho w in g so ur ce o f m at er ia ls a nd ty pe a nd q ua nt it y us ed 25 01 25 03 25 06 3. C on cr et e P ip e Fi ne A gg re ga te 31 26 1 qu al it y te st p er m on th du ri ng p ro du ct io n fo r A an d B a bo ve . 10 k g. (2 5 lb .) 25 01 25 03 25 06 3. C on cr et e P ip e C oa rs e A gg re ga te 31 37 1 qu al it y te st p er m on th du ri ng p ro du ct io n fo r A an d B a bo ve . 10 k g. (2 5 lb .)
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 59 IX . G eo sy nt he tic s, Pi pe , T ile , a nd P re ca st /P re st re ss ed C on cr et e (C on t.) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 24 12 4. P re ca st /P re st re ss ed C on cr et e St ru ct ur es A . R ei nf or ce d P re ca st B ox C ul ve rt 32 38 1 ai r te st p er p ou r (1 st lo ad ), O ne s et o f cy li nd er s pe r 25 c ub ic y ar ds , w it h a m in im um o f tw o cy li nd er s pe r se t. A lte rn at e cy li nd er ac ce pt an ce s ys te m s m ay b e al lo w ed w it h th e ap pr ov al of th e St at e M at er ia ls E ng in ee r. 1 "c om pa ni on " cy lin de r pe r m on th p er p la nt du ri ng p ro du ct io n, o r cy li nd er te st in g m ac hi ne , w hi ch ev er is g re at er . C al l P re ca st I ns pe ct io n E ng in ee r at 6 51 -3 66 - 55 40 f or a dd iti on al in fo rm at io n. P re ca st /p re st re ss ed C on cr et e S tr uc tu re ( be am s, p os ts , et c. ) w ill b e in sp ec te d an d st am pe d at p la nt . Fi el d pe rs on ne l a re r es po ns ib le f or c he ck in g fo r pl an t in sp ec to r's s ta m p, f or s hi pp in g/ ha nd li ng d am ag e or de fe ct s, a nd d im en si on s. A n in sp ec tio n re po rt w il l b e co m pl et ed b y pl an t p er so nn el a nd s en t t o th e fi el d pe rs on ne l. Fi ne A gg re ga te 31 26 1 qu al it y te st p er m on th du ri ng p ro du ct io n. 10 k g. (2 5 lb .) C oa rs e A gg re ga te 31 37 1 qu al it y te st p er m on th du ri ng p ro du ct io n. 10 k g. (2 5 lb .) 24 05 4. P re ca st /P re st re ss ed C on cr et e St ru ct ur es B . P re ca st /P re st re ss ed C on cr et e St ru ct ur e (b ea m s, po st s, e tc .) . 24 05 1 ai r te st p er p ou r (1 st lo ad ), O ne s et o f cy li nd er s pe r 25 c ub ic y ar ds , w it h a m in im um o f tw o cy li nd er s pe r se t, an d on e se t p er be am . A lte rn at e cy lin de r ac ce pt an ce s ys te m s m ay b e al lo w ed w it h th e ap pr ov al of th e St at e M at er ia ls E ng in ee r. 1 "c om pa ni on " cy lin de r pe r m on th p er p la nt du ri ng p ro du ct io n, o r cy li nd er te st in g m ac hi ne , w hi ch ev er is g re at er . C al l P re ca st I ns pe ct io n E ng in ee r at 6 51 -3 66 - 55 40 f or a dd iti on al in fo rm at io n. P re ca st /p re st re ss ed C on cr et e S tr uc tu re ( be am s, p os ts , et c. ) w ill b e in sp ec te d an d st am pe d at p la nt . Fi el d pe rs on ne l a re r es po ns ib le f or c he ck in g fo r pl an t in sp ec to r's s ta m p, f or s hi pp in g/ ha nd li ng d am ag e or de fe ct s, a nd d im en si on s. A n in sp ec tio n re po rt w il l b e co m pl et ed b y pl an t p er so nn el a nd s en t t o th e fi el d pe rs on ne l. Fi ne A gg re ga te 31 26 G ra da tio n: 1 p er 1 50 m 3 (2 00 C u. y d. ) or f ra ct io n th er eo f. 1 p er d ay o f pr od uc tio n or 3 p er w ee k, w hi ch ev er is le ss . 1 gr ad at io n an d 1 qu al it y te st p er m on th d ur in g pr od uc tio n fr om a s pl it sa m pl e. I nc lu de pr od uc er 's gr ad at io n re su lt s on s am pl e ca rd . 10 k g (2 5 lb .) C oa rs e A gg re ga te 31 37 G ra da tio n: 1 p er 7 5 m 3 (1 00 C u yd ) or f ra ct io n th er eo f. 1 p er d ay o f pr od uc tio n or 3 p er w ee k, w hi ch ev er is le ss . 1 gr ad at io n an d 1 qu al it y te st p er m on th d ur in g pr od uc tio n fr om a s pl it sa m pl e. I nc lu de pr od uc er 's gr ad at io n re su lt s on s am pl e ca rd . 10 k g (2 5 lb .)
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 60 IX . G eo sy nt he tic s, Pi pe , T ile , a nd P re ca st /P re st re ss ed C on cr et e (C on t.) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 06 5. M an ho le s an d C at ch B as in s (C on st ru ct io n) 25 06 36 22 Fi el d In sp ec tio n: C he ck f or da m ag e an d de fe ct s. C he ck di m en si on s as r eq ui re d. C he ck f or P ro du ce r's "C er tif ie d" s ta m p an d si gn at ur e on th e ce rt if ic at io n do cu m en t. 1 "c om pa ni on " cy lin de r pe r m on th p er p la nt du ri ng p ro du ct io n, o r cy li nd er te st in g m ac hi ne , w hi ch ev er is g re at er . C al l P re ca st I ns pe ct io n E ng in ee r at 6 51 -3 66 -5 54 0 fo r ad di tio na l in fo rm at io n. Fo rm 0 24 15 o r 24 03 P ro du ct w il l b e ce rt if ie d by p ro du ce r or in sp ec te d, te st ed a nd s ta m pe d at s ou rc e. O nl y sp ot c he ck s ar e do ne b y pl an t i ns pe ct or . M ak e ce rt ai n th e in vo ic e or ce rt if ic at io n do cu m en t i s si gn ed a nd th e pr od uc t h as th e re qu ir ed m ar ki ng s. M ai nt ai n Fo rm 2 40 3 or 0 24 15 in p ro je ct r ec or ds , s ho w in g so ur ce o f m at er ia ls a nd ty pe a nd q ua nt it y us ed ( br ic ks , b lo ck s, p re ca st , o r co m bi na tio n) . 25 02 6. D ra in T ile ( C la y or C on cr et e) 32 76 V is ua l I ns pe ct io n 2 sa m pl es o f ea ch s iz e fr om e ac h so ur ce 25 02 25 03 7. T he rm op la st ic ( T P) P ip e A B S an d P V C 32 45 O bt ai n C er ti fi ca te o f co m pl ia nc e. C he ck f or ap pr ov ed m ar ki ng p ri nt ed on p ip e. F ie ld I ns pe ct f or da m ag e or d ef ec ts . Fo rm 0 24 15 o r 24 03 Se e Sp ec . 3 24 5 fo r sp ec if ic A A SH T O o r A ST M P ip e ty pe s ar e ap pr ov ed u nd er th is s pe ci fi ca tio n. I f pe rf or at ed , h ol es s ho ul d be 5 m m - 1 0 m m ( 3/ 16 - 3 /8 in ch ) di am et er , t w o ro w s fo r 4" , a nd f ou r ro w s fo r 6" di am et er ; a pp ro xi m at el y 75 m m ( 3 in ch es ) on c en te r. 25 02 8. C or ru ga te d P ol ye th yl en e P ip e â Si ng le w al l f or e dg e dr ai ns , e tc . 32 78 C he ck f or m ar ki ng s (A A S H T O M 2 52 ) C er tif ic at e of C om pl ia nc e. Fi el d In sp ec t f or d am ag e or de fe ct s. N o L ab or at or y te st s re qu ir ed Fo rm 0 24 15 o r 24 03 25 03 9. S ew er J oi nt S ea li ng C om po un d 37 24 O ne p er s hi pm en t 0. 5 lit er (l p t.) 24 12 25 01 25 03 10 . P re fo rm ed P la st ic S ea le r fo r P ip e 37 26 T yp e b O ne f ro m e ac h so ur ce 0. 3 m (1 f t) 24 12 25 01 25 03 11 . B itu m in ou s M as tic J oi nt Se al er f or P ip e 37 28 V is ua l I ns pe ct io n Sa m pl e, if q ue st io na bl e
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 61 IX . G eo sy nt he tic s, Pi pe , T ile , a nd P re ca st /P re st re ss ed C on cr et e (C on t.) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 21 05 12 . E P S G eo fo am Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n C he ck f or y el lo w a ge d m at er ia l, un if or m it y an d di m en si on s. W ei gh 1 'x 1' x1 ' cu t c ou po n to v er if y de ns it y ev er y 20 0 m 3 (2 50 y d3 ) Fo rm 0 24 15 o r 24 03 25 01 25 03 13 . C or ru ga te d P ol ye th yl en e P ip e â D ua l W al l, 12 â â 48 â 32 47 Fo r Sp ec if ic at io n 32 47 , C or ru ga te d P ol ye th yl en e P ip e (H D P E ) m an uf ac tu ri ng f ac ili ti es a re r eq ui re d to b e re vi ew ed y ea rl y an d in c om pl ia nc e w it h A A SH T O 's N at io na l T ra ns po rt at io n P ro du ct E va lu at io n P ro gr am (N T P E P ) fo r pr od uc er s of A A SH T O M 29 4 H D P E pi pe . T o de te rm in e if a p ip e m an uf ac tu ri ng p la nt is qu al if ie d, c lic k on th e fo llo w in g li nk f or M 29 4 pi pe . ht tp :/ /d at a. nt pe p. or g/ M od ul e/ PI PE /S ta tu sR ep or t. as px If a p la nt h as a c om pl ia nt N T P E P a ud it fo r A A SH T O M 29 4 pi pe a t t he ti m e th e pi pe is m an uf ac tu re d, th en th e pl an t h as m et r eq ui re m en ts . N ot e th at a p re vi ou s ye ar âs a ud it sh al l g ov er n un til N T P E P is su es th e ne xt y ea râ s au di t. A C er ti fi ca te o f C om pl ia nc e sh al l b e pr ov id ed in a cc or da nc e w ith Sp ec if ic at io n 16 03 .
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 62 IX . G eo sy nt he tic s, Pi pe , T ile , a nd P re ca st /P re st re ss ed C on cr et e (C on t.) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 21 05 24 11 24 12 25 01 25 02 25 11 25 12 14 . G eo te xt ile F ab ri c an d G eo gr id R ei nf or ce m en t 37 33 an d Sp ec ia l P ro vi si on s In sp ec t f or d am ag e an d un if or m it y of te xt ur e. R ol ls o f bo th ge ot ex ti le a nd ge ot ex ti le w ra pp ed P E T ub in g m us t b e w ra pp ed in U V pr ot ec tiv e pl as tic . (U su al ly B la ck ). O bt ai n C er ti fi ca te o f C om pl ia nc e If u si ng a dh es iv e fo r se am s, s ee A pp ro ve d/ Q ua li fi ed P ro du ct L is t a va il ab le at th e D ep ar tm en tâ s w eb si te (a ) 1 pe r p ro je ct f or p ip e w ra p or tr en ch lin in g fo r P er m ea bl e ba se d es ig ns . (b ) 1 pe r 50 ,0 00 y d2 (4 0, 00 0 m 2 ) o r fr ac tio n th er eo f of e ac h ty pe f ab ri c or ge og ri d fo r al l o th er u se s. (c ) Se am , i f re qu ir ed , 1 p er p ro je ct m in im um , a dd iti on al a s ap pr op ri at e. Sm al l Q ua nt ity A cc ep ta nc e ⢠Fo r fa br ic to ta ls le ss th an 2 00 y d2 (1 70 m 2 ) ⢠Fo r pi pe w ra p to ta ls le ss th an 1 00 0 L in . F t ⢠N o sa m pl in g re qu ir ed ⢠U se I ns pe ct io n R ep or t f or S m al l Q ua nt iti es ( Fo rm 2 40 3) ⢠C he ck : o C er tif ic at e of C om pl ia nc e o Id en tif yi ng la be l o n pr od uc t o G eo te xt ile S m al l Q ua nt it y A cc ep ta nc e L is t a t ht tp :// w w w .d ot .s ta te .m n. us /m at er ia ls /a g gr eg at ed oc s/ gt xl is t.p df (a ) 10 L in . F t. (3 m ) (b ) 4 yd 2 (3 m 2 ) * (c ) 10 L in . F t. (3 m )* * C er tif ic at e of C om pl ia nc e sh al l s ta te m at er ia l i de nt if ic at io n (e .g . P ro pe x 20 02 , M ir ag ri d 8X T ), a nd m in im um a ve ra ge ro ll va lu es ( M A R V ) fo r al l s pe ci fi ed ge ot ex ti le p ro pe rt ie s. M A R V v al ue s m us t m ee t t he S pe ci fi ca tio n 37 33 T yp es 1 th ro ug h 7 re qu ir em en ts f or th e sp ec if ic ap pl ic at io n. S ub m it c op y of C er tif ic at e w it h m at er ia l s am pl es s en t t o th e M at er ia ls L ab or at or y. Su bm it ad di tio na l s am pl e( s) , i f th e m an uf ac tu re r or m od el o f ge ot ex til e or ge og ri d us ed c ha ng es d ur in g co ns tr uc ti on . Sa m pl in g sh al l b e by r an do m s el ec tio n an d no m or e th an o ne s am pl e sh al l b e ta ke n fr om a n in di vi du al r ol l. F or ty pe 6 ap pl ic at io ns ( in cl ud in g ge og ri ds ), s ub m it pa ge s of S pe ci al P ro vi si on s th at li st re qu ir ed m at er ia l p ro pe rt ie s. ( T yp e 6 re qu ir em en ts a re jo b sp ec if ic .) F or M od ul ar B lo ck W al ls o r R ei nf or ce d So il Sl op es , s ub m it pa ge (s ) of s ho p dr aw in gs th at r ef er en ce g eo gr id /g eo te xt il e to b e us ed ( pr od uc t n am e) a nd /o r re qu ir ed pr op er tie s. * D o no t s am pl e fi rs t f ul l t ur n of r ol le d pr od uc t. ** S ea m s am pl e to in cl ud e ap pr ox im at el y 3 ft ( 1 m ) o f ge os yn th et ic m at er ia l o n ea ch s id e of s ea m ( in d ir ec tio n pe rp en di cu la r to s ea m ).
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 63 X . B ri ck , S to ne , a nd M as on ry U ni ts Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 06 1. B ri ck A . S ew er ( cl ay ) an d B ui ld in g 36 12 to 36 15 V is ua l I ns pe ct io n O ne s am pl e pe r 50 ,0 00 br ic k or f ra ct io n th er eo f 6 w ho le br ic ks 25 06 1. B ri ck B . Se w er ( C on cr et e) * 36 16 V is ua l I ns pe ct io n O ne s am pl e pe r sh ip m en t. 6 w ho le br ic ks * A ir e nt ra in m en t r eq ui re d. O bt ai n ai r co nt en t st at em en t f ro m s up pl ie r. 25 06 2. C on cr et e M as on ry U ni ts A . F or S ew er C on st ru ct io n 36 21 V is ua l I ns pe ct io n O ne s am pl e pe r sh ip m en t 6 w ho le u ni ts A ir e nt ra in m en t r eq ui re d. O bt ai n ai r co nt en t st at em en t f ro m s up pl ie r. 24 11 2. C on cr et e M as on ry U ni ts B . F or M od ul ar B lo ck R et ai ni ng W al ls Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n C he ck f or c ra ck s an d br ok en c or ne rs O ne s am pl e pe r 10 ,0 00 un it s or f ra ct io n th er eo f, w it h a m in im um o f on e sa m pl e pe r pr od uc t (b lo ck ) ty pe p er co nt ra ct .* 5 w ho le u ni ts A ll lo ts o f bl oc k up on d el iv er y sh al l h av e M an uf ac tu re r or I nd ep en de nt la bo ra to ry te st re su lt s to v er if y pa ss in g bo th c om pr es si on a nd fr ee ze -t ha w r eq ui re m en ts . * W al l u ni ts a nd c ap u ni ts a re c on si de re d se pa ra te bl oc k ty pe s. 24 22 3. R ei nf or ce d C on cr et e C ri bb in g 36 61 C on cr et e co nt ro l t es ts A ir T es ts V is ua l I ns pe ct io n if pr ev io us ly te st ed O ne c yl in de r pe r 10 0 un it s, b ut n ot le ss th an 5 cy li nd er s fo r a gi ve n co nt ra ct . O th er m at er ia ls as r eq ui re d he re in . 15 0 x 30 0m m (6 x 1 2 in ) C yl in de rs Fo rm 0 24 15 o r 24 03 W ill b e st am pe d w he n in sp ec te d pr io r to sh ip m en t. 25 11 25 12 25 77 4. S to ne f or M as on ry o r R ip -R ap 36 01 a nd Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n Su bm it Fo rm 0 24 15 u nl es s sp ec ia l te st in g is s pe ci fi ed Fo rm 0 24 15 o r 24 03 E ac h so ur ce s ha ll be a pp ro ve d by P ro je ct E ng in ee r or S up er vi so r fo r qu al it y, p ri or to u se . Fo r qu es tio ns o n qu al it y, c on ta ct D is tr ic t M at er ia ls o r G eo lo gy U ni t.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 64 X I. El ec tr ic al a nd S ig na l E qu ip m en t I te m s Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 45 1. L ig ht in g S ta nd ar ds (A lu m in um o r St ee l) 38 11 V is ua l I ns pe ct io n T he F ab ri ca to r sh al l s ub m it "C er tif ic at e of C om pl ia nc e" , o n a pe r pr oj ec t b as is , t o th e P ro je ct E ng in ee r. . 25 45 25 50 25 65 2. H an d H ol es ( P re ca st , P V C , an d L L D P E ) 25 45 25 50 25 65 Fo rm 0 24 15 o r 24 03 T ra ff ic s ig na ls a nd s tr ee t l ig ht in g pr oj ec ts re qu ir e ha nd ho le s an d fr am es a nd c ov er s to b e lis te d on th e M nD O T A pp ro ve d/ Q ua li fi ed P ro du ct s L is t ( A /Q P L ) fo r si gn al . F or c as t ir on f ra m e an d co ve r: s ee V II .6 , D ra in ag e C as ti ng s 25 45 25 65 3. F ou nd at io n 25 45 Sl um p as n ee de d 1 cy li nd er p er 2 0 m 3 (2 5 C u. y d. ) R eb ar is r eq ui re d in c on cr et e fo un da tio ns a s sp ec if ie d in th e C on tr ac t d oc um en ts f or a ll tr af fi c si gn al a nd s tr ee t l ig ht in g pr oj ec ts . 24 02 25 45 25 65 4. C on du it an d Fi tt in gs A . M et al lic 38 01 38 02 V is ua l I ns pe ct io n N on e Fo rm 0 24 15 o r 24 03 C on du it s ha ll be la be le d as b ei ng li st ed b y a N at io na l R ec og ni ze d T es tin g L ab or at or y (N R T L ). R et ai n Fo rm 0 24 15 o r 24 03 in P ro je ct Fi le 25 45 25 65 4. C on du it an d Fi tt in gs B . N on -M et al lic ( R ig id a nd H D P E ) 38 03 Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n Fo rm 0 24 15 o r 24 03 C on du it s ha ll be la be le d as b ei ng li st ed b y a N at io na l R ec og ni ze d T es tin g L ab or at or y (N R T L ). R et ai n Fo rm 0 24 15 o r 24 03 in P ro je ct Fi le . Fo r tr af fi c si gn al a nd s tr ee t l ig ht in g pr oj ec ts , s pe ci fi c re qu ir em en ts a re c on ta in ed in th e Sp ec ia l P ro vi si on s fo r ea ch p ro je ct . 25 45 25 65 5a . A nc ho r bo lts ( ca st in p la ce ) 25 45 25 65 Se e se ct io n V II , 7 . 25 45 5b . A nc ho ra ge s (D ri lle d In ) 25 45 Se e se ct io n V II , 8 .
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 65 X I. El ec tr ic al a nd S ig na l E qu ip m en t I te m s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 45 25 65 6. M is ce lla ne ou s H ar dw ar e 25 45 25 65 V is ua l I ns pe ct io n Sa m pl e cr iti ca l i te m s on ly . O ne o f ea ch it em p er sh ip m en t. ( C ri tic al I te m s ar e lo ad b ea ri ng , st ru ct ur al ly n ec es sa ry ite m s. ) W ill c ar ry " In sp ec te dâ ta g if s am pl ed a nd te st ed pr io r to s hi pm en t. N o sa m pl e ne ce ss ar y if "I ns pe ct ed ". D o no t u se if n ot te st ed . F ie ld s am pl e at sa m pl in g ra te f or la bo ra to ry te st in g. F or tr af fi c si gn al a nd s tr ee t l ig ht li gh ti ng p ro je ct s, v ar io us m is ce lla ne ou s ha rd w ar e is r eq ui re d to b e lis te d on th e M nD O T S ig na ls a nd L ig ht in g A pp ro ve d/ Q ua li fi ed P ro du ct s L is ts ( A /Q P L ). T he C on tr ac t d oc um en ts in di ca te w hi ch it em s m us t b e on th e Si gn al s an d/ or L ig ht in g A P L . 25 45 25 50 25 65 7. C ab le a nd C on du ct or s A . P ow er C on du ct or s L oo p D et ec to r C on du ct or s (N o T ub in g) U nd er gr ou nd S er vi ce E nt ra nc e (U SE ) ca bl es 38 15 .2 B 1 38 15 .2 B 2( a) S pe ci al P ro vi si on s V is ua l I ns pe ct io n N on e Fo rm 0 24 15 o r 24 03 M ak e ce rt ai n th e co nd uc to rs a re th e ty pe s pe ci fi ed . Su bm it Fi el d In sp ec tio n re po rt s ho w in g ty pe a nd qu an tit ie s us ed . Sh al l b e la be le d as b ei ng li st ed b y a N at io na l R ec og ni ze d T es tin g L ab or at or y (N R T L ) an d ty pe w he re a pp lic ab le . 25 45 25 50 25 65 7. C ab le a nd C on du ct or s B . E le ct ri ca l C ab le s an d Si ng le C on du ct or s w it h Ja ck et 3 81 5. 2B 2( b) 38 15 .2 B 3 38 15 .2 B 5 38 15 .2 C 1 38 15 .2 C 3 38 15 .2 C 4 38 15 .2 C 5 38 15 .2 C 6 38 15 .2 C 7 38 15 .2 C 8 38 15 .2 C 14 Sp ec ia l P ro vi si on s V is ua l I ns pe ct io n 1 sa m pl e pe r si ze p er lo t 1. 5m ( 5 ft ) Fo rm 0 24 15 o r 24 03 U su al ly in sp ec te d at th e di st ri bu to r. D oc um en ta tio n sh ow in g pr oj ec t n um be r, r ee l n um be r( s) , & M nD O T te st n um be r( s) w il l b e in cl ud ed w it h ea ch p ro je ct sh ip m en t. I f su ch d oc um en ta ti on is n ot r ec ei ve d fr om C on tr ac to r, s ub m it sa m pl e fo r te st in g al on g w it h m at er ia l c er ti fi ca tio n fr om m an uf ac tu re r. D o no t u se if n ot te st ed . P re -i ns pe ct ed m at er ia ls w il l n ot be ta gg ed ; a n in sp ec tio n re po rt w il l b e se nt b y th e M nD O T in sp ec to r fo r ea ch s hi pm en t. P ro je ct in sp ec to rs s ho ul d ve ri fy th at th e sh ip pi ng d oc um en ts ag re e w ith th is in sp ec tio n re po rt . C al l S te ve G ro ve r at 6 51 -3 66 -5 54 0 or C in dy S ch el la ck a t 6 51 -3 66 - 55 43 w it h qu es ti on s. F or tr af fi c si gn al a nd s tr ee t lig ht in g pr oj ec ts , t he S pe ci al P ro vi si on s fo r ea ch pr oj ec t c on ta in e le ct ri ca l c ab le a nd c on du ct or sp ec if ic at io ns . 25 45 25 50 25 65 7. C ab le a nd C on du ct or s C . Fi be r O pt ic C ab le s 38 15 .2 C 13 V is ua l I ns pe ct io n - ve ri fy m ak e an d m od el n um be r as sh ow n in S pe ci al P ro vi si on s N on e Fo rm 0 24 15 o r 24 03 Fi be r op tic c ab le s sh al l b e lis te d on th e M nD O T A pp ro ve d/ Q ua li fi ed P ro du ct s L is t ( A /Q P L ) fo r T ra ff ic M an ag em en t S ys te m s/ IT S.
M nD O T S D -1 5 M ar ch 1 5, 2 01 3 S ch ed ul e of M at er ia ls C on tr ol P a g e 66 X I. El ec tr ic al a nd S ig na l E qu ip m en t I te m s ( co nt .) Pa y It em N o. K in d of M at er ia l Sp ec . N o. M in im um R eq ui re d A cc ep ta nc e Te st in g (F ie ld T es tin g R at e) M in im um R eq ui re d Sa m pl in g R at e fo r La bo ra to ry T es tin g Sa m pl e Si ze N ot es 25 45 25 65 8. G ro un d R od s 25 45 25 65 V is ua l I ns pe ct io n N on e. Fo rm 0 24 15 o r 24 03 R et ai n Fo rm 0 24 15 o r 24 03 in p ro je ct f ile . Sh al l be la be le d as b ei ng li st ed b y a N at io na l R ec og ni ze d T es tin g L ab or at or y (N R T L ). 25 45 9. L um in ai re s an d L am ps 38 10 Fo rm 0 24 15 o r 24 03 T ra ff ic s ig na l a nd s tr ee t l ig ht in g pr oj ec ts r eq ui re lu m in ar ie s an d la m ps to b e lis te d on th e M nD O T A pp ro ve d/ Q ua li fi ed P ro du ct s L is t ( A /Q P L ) fo r L ig ht in g. T he c on du ct or s sh al l b e la be le d as b ei ng lis te d by a N at io na l R ec og ni ze d T es tin g L ab or at or y (N R T L ) an d ty pe , w he re a pp lic ab le . 25 45 10 . E le ct ri ca l S ys te m s E le ct ri ca l S ys te m s ar e to b e re po rt ed a s a "S ys te m " us in g th e L ig ht in g, S ig na l, an d T ra ff ic R ec or de r In sp ec tio n R ep or t. T o be c er tif ie d by th e P ro je ct E ng in ee r. 25 65 11 . T ra ff ic S ig na l S ys te m s 25 65 T ra ff ic S ig na l S ys te m s ar e to b e re po rt ed a s a "S ys te m " us in g th e L ig ht in g, S ig na l, an d T ra ff ic R ec or de r In sp ec tio n R ep or t. T o be c er tif ie d by th e P ro je ct E ng in ee r.
Targeted Group Business (TGB) and Veteran-Owned Small Business Special Provisions Purpose The MnDOT Targeted Group Business (TGB) and Veteran-owned Small Business programs are part of the MnDOT initiative to increase small business participation on state funded projects. These programs are intended to provide eligible businesses with increased access to state contracting opportunities. Eligibility requirements for both programs are established pursuant to Minn. Stat. §16C.16 and Minn. Rule Parts 1230.1600-1820. TGBs and Veteran-owned Small businesses bidding as prime contractors may receive a preference in the bid amount, and contracts may include goals to increase participation of TGBs and Veteran-owned small businesses as subcontractors. 1. AUTHORITY The Targeted Group Business and Veteran-owned Small Business programs are authorized in Minn. Stat. §161.321 as amended: 1.1 MnDOT may award a preference in the amount bid for this contract to targeted group and Veteran-owned small businesses; and 1.2 MnDOT may set a goal for the use of targeted group and Veteran-owned small businesses as sub-contractors on this contract. 2. ELIGIBILITY Eligibility for TGB 2.1 Rules regarding eligibility and the designation of targeted group businesses are established by the Commissioner of the Minnesota Department of Administration and can be found at Minn. Rule Parts 1230.1600-1820. To participate in the MnDOT TGB program, a business must be certified at the time the bid is submitted. Information about the eligibility criteria and the process for obtaining TGB certification can be found on the Department of Administrationâs website at: http://www.mmd.admin.state.mn.us/mn02001.htm 2.2 A certified business is eligible for the MnDOT TGB program if it belongs to a group that is designated as a targeted group business in the specified contracting category. The business must be 51% owned and operated by women, persons with a substantial physical disability, or specific minorities as determined by the Commissioner of Administration (Minn. Stat. §16C.16 Subd. 5). The following table shows the targeted groups for highway construction contracts:
TGB and Veteran Special Provisions 12/2012 Page 2 TABLE OF GROUPS EXPERIENCING DISPARITY IN MINNESOTA DEPARTMENT OF TRANSPORTATION NON-FEDERAL HIGHWAY CONSTRUCTION CONTRACTING & SUBCONTRACTING (Based on the 2009 Disparity Study) Source: http://www.mmd.admin.state.mn.us/disparity/orders/orderMnDOT.pdf Groups eligible as Targeted Group Businesses are marked with an X. âDisabledâ means persons with a substantial physical disability as used in Minn. Stat. §16C.16 Subd. 5(a). 2.3 Contract qualifications and other contract requirements still apply. Eligibility for Veteran-owned Small Businesses 2.4 The Veteran-owned small business (Veteran) program requirements are defined in Minn. Stat. §16C.16 Subd.6a. The business must be a certified small business that is 51% owned and operated by: 2.4.1 Recently separated veterans, who are veterans as defined in Minnesota Statutes §197.447, who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the personâs United States Department of Defense form DD-214 or by the Commissioner of Veterans Affairs; or 2.4.2 Veterans with service-connected disabilities, as determined at any time by the United States Department of Veterans Affairs (VA); or 2.4.3 Any other veteran-owned small business verified by the VA as such. Verified veteran-owned small businesses may be listed in the Vendor Information Pages database at www.vetbiz.gov.; or it may provide a copy of the VA issued notice of verification showing that the business is approved as a veteran-owned small business; the letter must be issued within the 24 month period prior to the bid proposal due date. 2.5 Contract qualifications and other contract requirements still apply. MnDOT may request the Veteran business submit information demonstrating it meets the requirements of ownership and control, small business definitions, or other eligibility criteria. GROUP PRIME CONTRACTS SUBCONTRACTS African American X X American Indian X X Asian American X X Hispanic American X X Nonminority Women X X Disabled* X X
TGB and Veteran Special Provisions 12/2012 Page 3 3. PREFERENCE IN BIDDING 3.1 TGB and Veteran businesses will receive a preference of up to 6% of the amount of its bid, not to exceed $60,000.00. The preference will be applied only for the purpose of evaluating bids, and will not be used to determine the contract award amount or payment due to the contractor under the contract. Eligible bidders must complete the Preference Form included herein. 3.2 A bidder requesting the preference must submit the Preference Form according to the following: The Preference Form must be sent via E-mail to biddocsubmittal.dot@state.mn.us; place the State Project number in the subject line. The form must be received by MnDOT no later than the date and time of the bid letting. 4. SUBCONTRACTOR GOALS 4.1 If the bidder is an eligible TGB or Veteran business, that portion of the work to be self- performed by the bidder will count towards the subcontractor goals for this contract. 4.2 If the bidder is not an eligible TGB or Veteran business, the bidder must make a good faith effort to obtain the participation of TGB and Veteran subcontractors and/or suppliers as a condition of awarding the contract. MnDOT has established the following goals for subcontractors and/or suppliers: Veteran goal 0% TGB goal 2.7% 4.3 Only the participation of businesses deemed eligible by the Minnesota Department of Administration under Minn. Stat. §16C.16 or Minn. Rule Parts 1230.1600-1820 will count towards the TGB or Veteran business goals. 5. METHODS TO ATTAIN THE SUBCONTRACTOR GOALS 5.1 The goal may be attained by: 5.1.1 Subcontracting with a TGB and Veteran businesses deemed eligible by the Minnesota Department of Administration under Minn. Stat. §16C.16 or Minn. Rule Parts 1230.1600-1820 To prove the existence of such a subcontract, the Apparent Low Bidder (ALB) must submit a signed agreement or a signed affidavit committing it to enter into such a subcontract; 5.1.2 Leasing equipment from eligible TGB and Veteran businesses; 5.1.3 Entering into a joint venture with eligible TGB and Veteran businesses. This joint venture must be approved in writing by the MnDOT Office of Civil Rights prior to bid opening;
TGB and Veteran Special Provisions 12/2012 Page 4 5.1.4 Purchasing materials and supplies from eligible TGB and Veteran businesses. Generally, sixty percent (60%) of the supplier's contracted amount will be credited toward the TGB and Veteran business goals; 5.1.5 Using other services as approved in writing by the MnDOT Office of Civil Rights prior to bid opening. 6. SOLICITING TGB AND VETERAN BUSINESSES 6.1 All bidders should make every reasonable effort to subcontract work to TGB and Veteran businesses through good faith negotiations and solicitations in advance of the dates specified for submitting and opening of bids. 6.2 In order to fulfill a TGB and Veteran business goal, the firms utilized as TGB and Veteran business subcontractors or suppliers must be deemed eligible by the Minnesota Department of Administration under Minn. Stat. §16C.16 or Minn. Rule Parts 1230.1600-1820 prior to the date of the bid opening. The TGB and Veteran business directories, which are accessible âthroughâ or âlinked fromâ MnDOTâs Office of Civil Rightsâ website, includes the names, addresses and contact information of all eligible TGB and Veteran business firms. MnDOT makes no representation as to any TGB or Veteran businessâs technical or financial ability to perform the work. Prime contractors are solely responsible for performing due diligence in hiring TGB and Veteran business subcontractors. A TGB or Veteran business subcontractorâs failure to perform the work will not be considered justification for a compensation increase. 7. IDENTIFYING TGB AND VETERAN BUSINESS COMMITMENT RATES 7.1 All bidders must identify the percentage of TGB and Veteran business participation the bidder proposes to utilize on the project at the time of bid. This proposed commitment rate may be used in evaluating good faith efforts in comparison to the performance of other bidders in meeting the TGB and Veteran business goals. 8. APPARENT LOW BIDDER (ALB) SUBMITTAL OF INFORMATION 8.1 The ALB must identify the efforts it made to meet both the TGB and Veteran business subcontractor goals. The ALB must submit the information described in this section to the MnDOT Office of Civil Rights (OCR). All bidders are required to thoroughly document these solicitation efforts. The ALB shall justify any bids, quotes, or proposals it rejects from eligible, qualified TGB and Veteran businesses. 8.2 THE INFORMATION IN SECTIONS 8.3 THROUGH 8.6 MUST BE SUBMITTED BEFORE OR ON THE SUBMISSION DUE DATE. The Submission Due Date is the fifth business day after the bid letting date, unless the MnDOT Director of the Office of Civil Rights grants a written extension for good cause shown. The five day period starts the business day following the bid letting date. Information sent by fax or personal delivery must be received by the MnDOT Office of Civil Rights no later than 4:30PM central time on the Submission Due Date. Information sent by U.S. mail must be postmarked no later than the Submission Due Date. FAILURE TO SUBMIT ALL
TGB and Veteran Special Provisions 12/2012 Page 5 REQUIRED INFORMATION BY THE SUBMISSION DUE DATE WILL RESULT IN REJECTION OF YOUR BID ON THE BASIS THAT YOU ARE NOT A RESPONSIBLE BIDDER. PARTIAL SUBMISSIONS WILL NOT BE CONSIDERED. 8.3 The ALB must either (1) identify TGB and Veteran business participation sufficient to meet both the TGB and Veteran business goals; or (2) request a waiver of either, or both, of the goal(s) and demonstrate that the ALB made adequate good faith efforts to meet both the TGB and Veteran business goals. The ALB must submit the following documents to the MnDOT Office of Civil Rights: 8.4 If the bidder meets the established goals for both the TGB and Veteran business programs, it must complete and submit only the following forms by the submission due date: ⢠Bidders List ⢠Exhibit A Form for each TGB and Veteran business the bidder intends to use 8.5 If the bidder does not meet the TGB goal, Veteran business goal, or both, it must apply for a waiver from the goal requirement. The bidder must provide information showing that eligible TGB and Veteran businesses are not reasonably available. Failure to request a waiver by the submission due date will result in rejection of your bid on the basis that you are not a responsible bidder. To request a waiver, 1) the bidder must complete and submit the Waiver Form in addition to the Bidders List form and an Exhibit A form for each TGB and Veteran business the bidder intends to use 2) the bidder must complete and submit the good faith efforts documents as instructed. 8.6 To submit a waiver request, the bidder must complete and submit the following good faith efforts documents by the submission due date: ⢠Waiver Form ⢠Bidders List ⢠Exhibit A form for each TGB and Veteran business the bidder intends to use ⢠Certificate of Good Faith Efforts ⢠Any additional information the bidder provides to demonstrate its good faith efforts Note: Waiver Form and Certificate of Good Faith Efforts must be completed only if the ALB did not obtain sufficient TGB and/or Veteran business participation to meet both the TGB and Veteran business goals. 8.7 The ALB must submit the form TGB and Veteran Business Description of Work and Field Monitoring Report (Exhibit A). A separate form must be submitted for each TGB and Veteran business the ALB proposes to utilize on the project. This must be accompanied by proof of commitment to use the TGB and Veteran business, such as copies of signed agreements, affidavits, or letters of intent. These commitments will be used to determine the "commitment rate" (the percentage of TGB and Veteran business participation). The ALB must commit to using the proposed TGB and Veteran businesses
TGB and Veteran Special Provisions 12/2012 Page 6 for not less than the percentage of the TGB and Veteran business participation shown on the TGB and Veteran business Description of Work and Field Monitoring Report (Exhibit A). An ALB will be deemed a non-responsible bidder if it fails to include in its submission a completed TGB and Veteran business Description of Work and Field Monitoring Report (Exhibit A) for each TGB and Veteran business along with the required signed agreements or affidavits. 8.8 The ALB must submit information that demonstrates its adequate good faith efforts to achieve the TGB and Veteran business goal. This information can include, but is not limited to, copies of solicitation letters, faxes, and emails to TGB and Veteran business firms. The ALB must identify the actions it took to achieve the TGB and Veteran business goals. 9. FAILURE TO SUBMIT INFORMATION 9.1 If the ALB fails to submit the information required by the previous section, the ALB is a non-responsible bidder and MnDOT will reject the ALBâs bid. All required information must be submitted by the Submission Due Date. The information submitted must state the ALBâs commitment to use TGB and Veteran businesses for not less than the commitment rate. 10. IF BOTH TGB AND VETERAN GOALS ARE NOT MET, A GOOD FAITH EFFORTS REVIEW WILL BE CONDUCTED 10.1 An ALB that does not commit to meeting both the TGB and Veteran business goals is thereby not disqualified if the ALB demonstrates that it made adequate good faith efforts (GFE) to meet the TGB and Veteran Business goals. An ALB that does not commit to meet both the TGB and Veteran business goals and fails to show that adequate GFE were made is a non-responsible bidder and MnDOT will reject its bid. 10.2 A TGB or Veteran business that bids as a prime contractor will be deemed to have met either the TGB or Veteran business goal if the value of the work performed by its own forces, combined with any work that it has committed to be performed by TGB and Veteran business subcontractors and TGB and Veteran business suppliers, meets or exceeds the TGB and Veteran business subcontractor goals. 11. EVALUATION OF GOOD FAITH EFFORTS 11.1 If an ALB has a TGB and/or Veteran business commitment rate that is less than either or both the TGB and Veteran business goals, then the ALB must demonstrate that it made adequate good faith efforts in attempting to meet the TGB and/or Veteran business goals that failed to meet. MnDOTâs Office of Civil Rights staff will review the GFE documents submitted by the ALB and the TGB and Veteran business commitment submitted by each bidder to evaluate the ALB's commitment rate. 11.2 In the bidderâs request for a waiver from the TGB and/or Veteran business participation goal(s), then the bidder must demonstrate that it made adequate good faith efforts in
TGB and Veteran Special Provisions 12/2012 Page 7 attempting to meet the goal. MnDOTâs Office of Civil Rights staff will review the good faith effort documents submitted by the bidder and make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. MnDOT will consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain TGB and Veteran business participation sufficient to meet the contract goals. Mere pro forma efforts are not good faith efforts to meet these contract requirements. The ALB must show that it took all necessary and reasonable steps to achieve the TGB and Veteran business goals which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient participation, even if they were not fully successful. In evaluating the bidderâs adequate good faith efforts, MnDOT will consider the following list of actions. This is not a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. Compliance with the adequate good faith efforts requirement will be determined on a case-by-case basis. 11.2.1 Solicitation Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and /or written notices) the interest of eligible TGBs and Veteran businesses that have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the TGBs and Veteran businesses to respond to the solicitation. The bidder must determine with certainty if the TGBs and Veteran businesses are interested by taking appropriate steps to follow up initial solicitations. 11.2.2 Selection of Work Selecting portions of the work to be performed by TGBs and Veteran businesses in order to increase the likelihood that the project goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate TGB and Veteran business participation, even when the prime contractor might otherwise perform these work items with its own forces. 11.2.3 Providing Information and Assistance Providing interested TGBs and Veteran businesses with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. 11.2.4 Negotiation Negotiating in good faith with interested TGBs and Veteran businesses. It is the bidderâs responsibility to make a portion of the work available to TGB and Veteran business subcontractors and suppliers and to select those portions of the work or material needs consistent with the available TGB and Veteran business subcontractors and suppliers, so as to facilitate TGB and Veteran business participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of TGBs and Veteran businesses that were considered; a
TGB and Veteran Special Provisions 12/2012 Page 8 description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for TGB and Veteran businesses to perform the work. A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including TGB and Veteran business subcontractors, and would take a firmâs price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using TGBs and Veteran businesses is not in itself sufficient reason for the bidderâs failure to meet the contract TGB or Veteran business goal, as long as such costs are reasonable. Also the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from TGB and Veteran businesses if the price difference is excessive or unreasonable. 11.2.5 Rejection of TGBs or Veteran businesses Not rejecting TGB or Veteran businesses as being unqualified without sound reasons based on a thorough investigation of their capabilities. The bidderâs standing within its industry, membership in specific groups, organizations, or associates and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the bidderâs efforts to meet the project goal(s). 11.2.6 Financial Assistance Making efforts to assist interested TGB and Veteran businesses in obtaining bonding, lines of credit, or insurance as required by the recipient or bidder. 11.2.7 Equipment Assistance Making efforts to assist interested TGB and Veteran businesses in obtaining necessary equipment, supplies, materials, or related assistance or services. 11.2.8 Recruitment Effectively using the services of available community organizations; contractorsâ groups; State and local business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of TGBs and Veteran businesses. 11.2.9 Any other evidence that the bidder submits which shows that the bidder has made reasonable good faith efforts to meet the TGB or Veteran business goals. 11.2.10 In addition, MnDOT may also take into account the following: a. Whether the bidderâs documentation reflects a clear and realistic plan for achieving the TGB or Veteran business goals.
TGB and Veteran Special Provisions 12/2012 Page 9 b. The performance of other bidders in meeting the TGB and Veteran business goals. For example, when the apparent successful bidder fails to meet the goals, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts the apparent successful bidder could have met the goals. If the apparent successful bidder fails to meet the TGB or Veteran business goals, but meets or exceeds the average TGB or Veteran business participation obtained by other bidders, MnDOT may view this in conjunction with other factors, as evidence of the apparent successful bidder having made a good faith effort. 12. Administrative Reconsideration 12.1 If OCR determines that the apparent low bidder (ALB) failed to make adequate good faith efforts and therefore, does not grant a waiver, the ALB may request administrative reconsideration. If the ALB does not make a timely written request for administrative reconsideration as described herein, the ALB will be deemed to have waived its right to request administrative reconsideration. 12.2 The ALBâs request for administrative reconsideration must be made in writing. Requests sent by fax or personal delivery must be received by the MnDOT Office of Civil Rights no later than 4:30 PM on the fifth business day after the ALB receives written notice of the determination. Administrative reconsideration requests sent by U.S. mail must be postmarked no later than the fifth business day after the ALB receives notice of the determination. The ALB is deemed to have notice as of the date indicated on the certified mail receipt signed by the ALB, or its representative, at the time of delivery. The ALB must submit the written request for reconsideration to the attention of MnDOT Deputy Commissioner at MnDOT, 395 John Ireland Blvd. St. Paul, Minnesota 55155; or by fax 651-366-4795. A copy of the request must be sent to the Director of the Office of Civil Rights at the same address or fax 651- 366-3129. 12.3 The Commissioner of MnDOT will designate officials to serve as Reconsideration Officials. The Reconsideration Officials shall not have any role in the original determination that the ALB failed to meet the TGB or Veteran business subcontractor goal or failed to make adequate good faith efforts to do so. In the reconsideration process, the ALB will have the opportunity to: ⢠Provide written documentation or argument concerning the issue of whether the ALB met the goal or made adequate good faith efforts to do so. ⢠Meet in person with the Reconsideration Officials to discuss the issue of whether the ALB met the goal or made adequate good faith efforts to do so. 12.4 The Reconsideration Officials will reconsider the record documenting the good faith efforts of the ALB. The reconsideration process will include the documents and
TGB and Veteran Special Provisions 12/2012 Page 10 arguments that the ALB is permitted to submit. The reconsideration process is a review of only the good faith efforts made by the ALB as of the Submission Due Date. Good faith efforts made subsequent to that date will not be considered. 12.5 MnDOT will provide the ALB with a written decision on reconsideration, explaining the basis for the determination within 5 business days following the date scheduled for the ALB to meet with the Reconsideration Officials to discuss the issue. 13. Counting TGB and Veteran Participation; Commercially Useful Function 13.1 In accordance with Minn. Rule Part 1230.1820, MnDOT will determine the percentage of TGB and Veteran participation that will count toward TGB and Veteran goals as follows: 13.1.1 Credit toward the goal established for the contract will be at 100 percent for subcontractors who provide labor, materials, and supplies and at 60 percent for subcontractors who provide supplies and materials only. 13.2 When a TGB or Veteran subcontractor participates in a contract, MnDOT will only count the value of the work actually performed by the TGB or Veteran toward TGB or Veteran subcontractor goals. This includes the following: 13.2.1 The entire amount of the portion of this MnDOT construction contract that is performed by the TGB or Veteran subcontractorâs own forces. Include the cost of supplies and materials obtained by the TGB or Veteran subcontractor for the work of the contract, including supplies purchased or equipment leased by the TGB or Veteran subcontractor (except supplies, and equipment the TGB or Veteran subcontractor purchases or leases from the prime contractor or its affiliate). 13.2.2 The entire amount of fees or commissions charged by a TGB or Veteran subcontractor firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a MnDOT contract, counts toward TGB or Veteran subcontractor goals, provided that MnDOT determines the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 13.2.3 When a TGB or Veteran subcontractor subcontracts part of the work of its contract to another firm, the value of the subcontract work may be counted toward TGB or Veteran goals only if the TGB or Veteran subcontractor is itself a TGB or Veteran business. Work that a TGB or Veteran subcontractor subcontracts to a non-TGB or non-Veteran firm will not count toward TGB or Veteran goals. 13.3 When a TGB or Veteran subcontractor performs as a participant in a joint venture, MnDOT will count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the TGB or Veteran subcontractor performs with its own forces toward TGB or Veteran goals.
TGB and Veteran Special Provisions 12/2012 Page 11 13.4 MnDOT will count expenditures of a TGB or Veteran subcontractor contractor toward TGB or Veteran subcontractor goals only if the TGB or Veteran subcontractor is performing a commercially useful function on that contract. 13.4.1 A TGB or Veteran subcontractor performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the TGB or Veteran subcontractor must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and paying for the material itself. To determine whether a TGB or Veteran subcontractor is performing a commercially useful function, MnDOT will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Contract is commensurate with the work it is actually performing and TGB or Veteran credit claimed for its performance of the work, and other relevant factors. 13.4.2 A TGB or Veteran subcontractor does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of TGB or Veteran subcontractor participation. In determining whether a TGB or Veteran subcontractor is such an extra participant, MnDOT may examine similar transactions, particularly those in which TGB or Veteran subcontractors do not participate. 13.4.3 At least 75 percent of the subcontracts awarded to a TGB or Veteran must be performed by the business to which the subcontract is awarded or another TGB or Veteran business respectively. If a TGB or Veteran subcontractor does not perform or exercise responsibility for at least 75 percent of the total cost of its contract with its own work force, or the TGB or Veteran subcontractor subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, MnDOT may presume that it is not performing a commercially useful function. 13.4.4 When a TGB or Veteran subcontractor is presumed not to be performing a commercially useful function as provided in the preceding paragraph, the TGB or Veteran subcontractor may present evidence to rebut this presumption. MnDOT may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices. 13.5 MnDOT will use the following factors in determining whether a TGB or Veteran trucking company is performing a commercially useful function:
TGB and Veteran Special Provisions 12/2012 Page 12 13.5.1 The TGB or Veteran subcontractor must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of the meeting TGB or Veteran goals. 13.5.2 The TGB or Veteran subcontractor must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. 13.5.3 The TGB or Veteran subcontractor receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures and operates using drivers it employs. 13.5.4 The TGB or Veteran subcontractor may lease trucks from another TGB or Veteran subcontractor firm, including an owner-operator that is an eligible TGB or Veteran subcontractor. The TGB or Veteran subcontractor who leases trucks from another TGB or Veteran subcontractor receives credit for the total value of the transportation services the lessee TGB or Veteran subcontractor provides on the contract. 13.5.5 The TGB or Veteran subcontractor may also lease trucks from a non-TGB or non- Veteran subcontractor firm, including an owner-operator. The TGB or Veteran subcontractor who leases trucks from a non-TGB or Veteran subcontractor is entitled to credit for the total value of transportation services provided by non- TGB or non-Veteran subcontractor lessees not to exceed the value of transportation services provided by TGB or Veteran trucks on the contract. Additional participation by non-TGB or non-Veteran subcontractor lessees receives credit only for the fee or commission it receives as a result of the lease arrangement. 13.5.6 For purposes of this section, a lease must indicate that the TGB or Veteran subcontractor has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the TGB or Veteran, so long as the lease gives the TGB or Veteran subcontractor absolute priority for the use of the leased truck. Leased trucks must display the name and identification number of the TGB or Veteran business. 13.6 MnDOT will count expenditures with TGB or Veteran subcontractor(s) for materials or supplies toward TGB or Veteran subcontractor goals as provided in the following: 13.6.1 MnDOT will count 100% of the cost of the materials or supplies toward TGB or Veteran subcontractor goals if the materials or supplies are obtained from a TGB or Veteran manufacturer. 13.6.2 For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies,
TGB and Veteran Special Provisions 12/2012 Page 13 articles, or equipment required under the contract and of the general character described in the specifications. 13.6.3 If the materials or supplies are purchased from a TGB or Veteran regular dealer, MnDOT will count 60% of the cost of the materials or supplies toward TGB or Veteran goals. 13.6.4 For purposes of this section, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold to or leased to the public in the usual course of business. A. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. B. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealersâ own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. C. Packagers, brokers, manufacturersâ representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this section. 13.6.5 With respect to materials or supplies purchased from a TGB or Veteran which is neither a manufacturer nor a regular dealer, MnDOT will count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward TGB or Veteran goals, provided MnDOT determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. MnDOT, however, will not count any portion of the cost of the materials or supplies themselves toward TGB or Veteran goals. 13.7 MnDOT will not count the participation of a TGB or Veteran subcontractor toward the contractorâs final compliance with its TGB or Veteran s subcontractor obligations on a contract until the amount being counted has been actually paid to the TGB or Veteran business(s). 14. Failure to Fulfill TGB or Veteran Business Subcontract Commitments 14.1 A contractor that fails to fulfill the TGB and Veteran business commitments is subject to appropriate administrative sanctions if the following factors exist:
TGB and Veteran Special Provisions 12/2012 Page 14 a. the contractor fails to either (1) meet, or (2) make adequate good faith efforts to meet, the TGB and Veteran business commitment it represented in its GFE submission; b. the failure is through no fault of the TGB and Veteran business firm; and c. the failure is not the result of a modification made by MnDOT or the project owner that reduces the scope of work the TGB and Veteran business is to perform. 14.2 Sanctions may include, but are not limited to, MnDOT withholding progress payments and monetary deductions from the contract proceeds. MnDOT may deduct a sum equal to the portion of the TGB and Veteran business commitment not fulfilled. 14.3 MnDOT may allow for an adjustment of the contractorâs TGB and Veteran business commitment if a TGB or Veteran business participant that was part of the original commitment fails to perform and cannot be replaced with another TGB or Veteran business subcontractors despite the contractorâs adequate good faith efforts to find another TGB or Veteran business to perform the same amount of work. 15. TGB AND VETERAN BUSINESS REPLACEMENT 15.1 The contractor must request prior written consent from MnDOT to terminating a TGB or Veteran business. Written consent is required if the termination occurs any time after a contractor submits an affidavit, subcontract or the TGB and Veteran business Description of Work and Field Monitoring Report (Exhibit A), indicating the TGB or Veteran business firm will perform on the project. This includes, but is not limited to, instances in which a prime contractor seeks to perform work originally designated for a TGB and Veteran business subcontractor with its own forces or those of an affiliate, a non-TGB or non-Veteran business, or with another TGB or Veteran business firm. 15.2 MnDOT will only provide such written consent if it agrees, for reasons stated in its concurrence document, that the prime contractor has good cause to terminate the TGB or Veteran business firm. Good cause includes the following circumstances: a) The listed TGB or Veteran business subcontractor fails or refuses to execute a written contract; b) The listed TGB or Veteran subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the TGB or Veteran subcontractor to perform its work in the subcontract results from the bad faith or discriminatory action of the prime contractor; c) The listed TGB or Veteran subcontractor fails or refuses to meet the prime contractorâs reasonable, nondiscriminatory bond requirements;
TGB and Veteran Special Provisions 12/2012 Page 15 d) The listed TGB or Veteran subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; e) The listed TGB or Veteran business subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings under applicable state law; f) MnDOT has determined that the listed TGB or Veteran business subcontractor is not a responsible contractor; g) The listed TGB or Veteran business subcontractor voluntarily withdraws from the project and provides to MnDOT written notice of its withdrawal; h) The listed TGB or Veteran business is ineligible to receive TGB or Veteran business credit for the type of work required; i) A TGB or Veteran business owner dies or becomes disabled with the result that the listed TGB or Veteran business contractor is unable to complete its work on the contract; j) Other documented good cause that MnDOT determines compels the termination of the TGB or Veteran business subcontractor. Provided, that good cause does not exist if the prime contractor seeks to terminate a TGB or Veteran business it relied upon to obtain the contract so that the prime contractor can self-perform the work for which the TGB or Veteran business contractor was engaged, or so that the prime contractor can substitute another TGB or Veteran business or non-TGB or non-Veteran business contractor after contract award. 15.3 Before transmitting to MnDOT its request to terminate and/or substitute a TGB or Veteran business subcontractor, the prime contractor must give notice in writing to the TGB or Veteran business subcontractor, with a copy to MnDOT, of its intent to request to terminate and/or substitute, and the reason for the request. 15.4 The prime contractor must give the TGB or Veteran business five days to respond to the prime contractorâs notice and advise MnDOT and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why MnDOT should not approve the prime contractorâs action. If required in a particular case as a matter of public necessity (e.g., safety), MnDOT may provide a period of shorter than five days. 15.5 In addition to post-award terminations, this process applies to pre-award deletions of or substitutions for TGB or Veteran business firms put forward by the ALB in negotiated procurements. MnDOT will impose appropriate administrative sanctions for non- compliance with these removal requirements.
TGB and Veteran Special Provisions 12/2012 Page 16 15.6 MnDOT staff may assist the contractor, when requested, in identifying TGB or Veteran business replacement firms. This assistance may include but is not limited to: 15.6.1 Providing the contractor with information regarding the availability of other TGB and Veteran businesses. 15.6.2 Providing the contractor with assistance in locating available TGB and Veteran businesses. 16. PAYMENTS 16.1 Minnesota Statutes §16A.1245 requires that the prime contractor agrees to pay each subcontractor within ten (10) days of the prime contractorâs receipt of payment from the state for undisputed services provided by the subcontractor. The prime contractor is subject to pay interest charges of 1-1/2 percent per month, or any part of a month, to the subcontractor on any undisputed amount not paid to the subcontractor within the ten (10) day period. This provision applies to 16.2 Contractors making payments to Contractors, Subcontractors, Suppliers, and Service Providers, regardless of their tier or TGB or Veteran status, are required to complete and submit Contractor Payment Form(s) to the MnDOT Office of Civil Rights (OCR), each time payments are made to subcontractors until final payment is made, no later than ten (10) days after receiving payment from MnDOT. 16.3 Failure to comply with the Contractor Payment Form submission requirement or Minnesotaâs prompt payment law may cause progress payments to be withheld. 16.4 At the conclusion of the contract, the prime contractor must present the TGB and Veteran-owned Businesses Total Payment Affidavit to the MnDOT Office of Civil Rights. The affidavit must show the total dollar amount of work performed by each TGB and Veteran business. Submission of this information is a condition of payment. 16.5 Bidders who submit a bid are hereby notified that the Minnesota False Claims Act (Minn. Stat. §15C.02) applies to statements and certifications made in connection with the TGB and Veteran programs.
TGB and Veteran Special Provisions 12/2012 Page 17 TARGETED GROUP AND VETERAN-OWNED SMALL BUSINESSES PREFERENCE FORM Name of Contractor/Consultant S.P. # Date of Letting Address City State/Zip Contact Person/ EEO Officer Phone Number E-Mail Address The business is an eligible TGB as shown in the MN Department of Administration online directory at: http://www.mmd.admin.state.mn.us/process/search/ OR The business is an eligible Veteran-owned small business owned and operated by either (check the box that applies and attach the certification documents required with your response to this solicitation): Veterans as defined in Minnesota Statutes §197.447, who are verified by the United States Department of Veterans Affairs as being a veteran-owned small business as shown in the online directory at: http://www.vip.vetbiz.gov The business must be VA verified at the time proposals are due. OR Recently separated veterans, who are veterans as defined in Minnesota Statutes §197.447, who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the personâs United States Department of Defense form DD-214 or by the commissioner of veterans affairs. The bidder must provide: ⢠A copy of the verification as a veteran-owned small business issued by the United States Department of Veterans Affairs (VA). The business must be VA verified at the time proposals are due. ⢠Discharge form (DD-214) dated on or after September 11, 2001 with condition honorable. OR Veterans as defined in Minnesota Statutes §197.447, who are verified by the United States Department of Veterans Affairs as being a service-disabled veteran-owned small business. The bidder must provide: ⢠A copy of the verification as a service-disabled veteran-owned small business issued by the United States Department of Veterans Affairs (VA). The business must be VA verified at the time proposals are due. You must submit this form and the documentation required above with your response in order to be considered for this preference. I certify that the information contained herein is true, accurate, and complete. Signed __________________________________________________ Bidder or authorized representative
TGB and Veteran Special Provisions 12/2012 Page 18 Office of Civil Rights TARGETED GROUP AND VETERAN-OWNED SMALL BUSINESS REQUEST FOR WAIVER FORM S.P. _________________________ Letting Date ___________________ I hereby request a waiver from the Targeted Group Business (TGB) subcontract goal on the grounds that qualified TGBs are not reasonably available. I have provided a detailed explanation of the efforts I made to obtain TGB participation and the determination that TGBs are not reasonably available to perform on this project. I hereby request a waiver from the Veteran-owned businesses subcontract goal on the grounds that qualified Veteran-owned businesses are not reasonably available. I have provided a detailed explanation of the efforts I made to obtain Veteran-owned business participation and the determination that Veteran-owned businesses are not reasonably available to perform on this project. I certify that the information contained herein is true, accurate, and complete. Signed __________________________________________________ Bidder or Authorized Representative Bidders requesting a waiver must complete and submit the following: 1. A summary explaining the bidderâs determination that TGB and/or Veteran-owned businesses are not reasonably available. 2. Certificate of Good Faith Efforts 3. Affidavit of Good Faith Efforts 4. Bidders List 5. Description of Work (Exhibit A) for each TGB or Veteran-owned businesses participating on the project. Prime Contractor______________________ State Project #________________
TGB and Veteran Special Provisions 12/2012 Page 19 TGB & Veteran-Owned Business Description of Work (Exhibit A) and Field Monitoring Report A contract will not be awarded to the Prime Contractor unless this form is submitted for each TGB and Veteran-owned business participating in the contract. This form is complete when the TGB or Veteran-owned business subcontractor has filled in all of the applicable information in sections A and B, and signs in section C. PLEASE PRINT CLEARLY OR TYPE. Section (A): (All TGB & Veteran-Owned Subcontractors and Suppliers, including Trucking firms must complete this Section.) MUST BE COMPLETED BY THE PRINCIPAL Check One: TGB or Veteran-Owned Business Letting Date: ____________________________________ State Project Number: _____________________ Prime Contractor: Phone #: TGB/Veteran Subcontractor: Phone #: TGB/Veteran Principal Name: Total Subcontract $: _ TGB/Veteran Participation Claimed: Percent _________% Amount ________________________ 1. Did you bid and sign a subcontract agreement with the above-named prime contractor? _____________________________ 2. Are the items, quantities, and prices listed on the subcontract agreement or affidavit correct?__________________________ 3. List the line items to be performed: _______________________________________________________________________ ________________________________________________________________________________________________________ 4. Are there any other agreements not addressed in the subcontract? If yes, please explain:_____________________________ ________________________________________________________________________________________________________ 5. If equipment to be used on this contract is not owned by the TGB/Veteran-owned business, please provide the following information: a. Will the renting or leasing include any of the following: (Attach a copy of the lease/rental agreement(s)). Equipment __________ Insurance ___________ Operator ___________ or Maintenance ___________ b. Lessorâs name: __________________________________________________________________________________ Amount to be paid: _____________________ Number of days to be used: ____________________ 6. Will there be any other firm(s) providing work listed in your subcontract? If yes, answer the following: Firmâs Name: ___________________________ $ amount of the work: __________________ 7. What is the name of the person supervising your work on this project? ___________________________________________ Is this your employee? ____________________ 8. How many people will you be employing on this project? ____________ Minorities: ____________ Females: ___________ 9. Total dollar amount of materials to be supplied? ____________________________________________________________ 10. Who are you purchasing the materials from? _______________________________________________________________ 11. Please submit Purchase Agreement and/or Purchase Order from manufacturer(s) or primary material supplier(s). NOTE: This Exhibit âAâ will not be approved without the Purchase Agreement/Purchase Order. 12. Please list all subcontracts that your firm will be performing during the current construction season including contracts that are not in the TGB or Veteran-owned Business Programs (attach additional sheet if necessary) Project Number Prime Contractor Project Location # of Working Days 1. 2. 3.
TGB and Veteran Special Provisions 12/2012 Page 20 Section (B):TO BE COMPLETED ONLY BY THE TGB OR VETERAN-OWNED BUSINESS TRUCKER 1. The number of hours contracted or quantities to be hauled on this project? _______________________________________ 2. How many fully operational units will be used on this Project? ________ (Tractor/trailers: _______ Dump trucks:______) 3. How many fully operational units will be yours? _____________ (Dump trucks: __________ Tractors/trailers: _______) 4. How many other units will be yours? __________________ (Tractors: __________________ Trailers: ______________) 5. If ITOâs or trucking companies are to be used on this project answer the following ( attached additional sheet if necessary): Name of ITO/Company Dollar Amount of Contract/Agreement Number of Dump Trucks, Tractors/Trailers (specify) 1. 2. 3. Section (C): (All TGB and Veteran-owned Subcontractors and Suppliers, including Trucking firms, must complete Section C.) I hereby certify that the information presented above is correct. I agree to inform the Office of Civil Rights in writing of any changes within 10 days of the change(s). Company: __________________________________________________________________________________________ Principal: _________________________________ _______________________ _____________________ Signature Title Date Section (D): TO BE COMPLETED BY MnDOT OFFICE OF CIVIL RIGHTS STAFF PERSON Project Number: _____________________________________ District # ____________________________________ MnDOT OCR Staff Person: ___________________________ Phone No. ___________________________________ Project Engineer: ____________________________________ On-site Phone #: ______________________________ Office Phone #: ______________________________ Section (E): TO BE COMPLETED BY PROJECT ENGINEER WHEN THE TGB OR VETERAN-OWNED BUSINESS HAS COMPLETED 1/3 TO ½ OF ITS WORK ON THE CONTRACT 1. Does it appear that the firm is performing the work specified in (Exhibit âAâ) description of work? Yes __________ No __________ 2. Does it appear that the subcontractor is managing their portion of the project and using their own company employees? Yes __________ No __________ 3. Does it appear that the subcontractor is providing the equipment for their items of work or other work specified? Yes __________ No __________ 4. Does it appear that the quality of the subcontractorâs performance, scheduling and project management are meeting industry standards? Yes __________ No __________ 5. Comments: NOTE: If you, as the Project Engineer, have checked âNOâ to any of the above questions or have any other comments, it is important that you contact the MnDOT Office of Civil Rights Staff Person assigned to this project. Project Engineer: ______________________________________________ Date: __________________________________
T G B /V et er an P ag e 21 M IN N E SO T A D E PA R T M E N T O F T R A N SP O R T A T IO N O FF IC E O F C IV IL R IG H T S C E R T IF IC A T E O F G O O D F A IT H E FF O R T S S .P . L et ti ng D at e __ __ __ __ __ __ __ __ __ _ T G B V et er an -o w ne d B us in es s P ri m e C on tr ac to r C om m it m en t _ __ __ __ __ __ __ __ __ C om m it m en t _ __ __ __ __ __ __ __ __ L ow B id _ __ __ __ __ __ __ __ __ __ __ __ __ __ G oa l _ __ __ __ __ __ __ __ __ __ __ __ G oa l_ __ __ __ __ __ __ __ __ __ __ __ _ L IS T Y O U R S O L IC IT A T IO N O F A L L S U B C O N T R A C T O R S , S U P P L IE R S , A N D S E R V IC E P R O V ID E R S S ub co nt ra ct or /S up pl ie r/ Se rv ic e pr ov id er TG B V ET Ph on e D at es , M et ho d of C on ta ct D es cr ip tio n of W or k D ol la r A m ou nt o f Q uo te L et te r P ho ne 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . (M ak e ad di tio na l c op ie s of th is f or m a s ne ce ss ar y) I ce rt if y th at th e in fo rm at io n ab ov e is tr ue , a cc ur at e, a nd c om pl et e. __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ P ag e __ __ o f __ __ _ B id de r or A ut ho ri ze d R ep re se nt at iv e
T G B /V et er an P ag e 22 M IN N E SO T A D E PA R T M E N T O F T R A N SP O R T A T IO N O FF IC E O F C IV IL R IG H T S B ID D E R S L IS T S .P . L et ti ng D at e __ __ __ __ __ __ __ __ __ T G B V et er an -o w ne d B us in es s P ri m e C on tr ac to r C om m it m en t _ __ __ __ __ __ __ __ __ C om m it m en t _ __ __ __ __ __ __ __ __ L ow B id _ __ __ __ __ __ __ __ __ __ __ __ __ __ G oa l _ __ __ __ __ __ __ __ __ __ __ __ G oa l_ __ __ __ __ __ __ __ __ __ __ __ _ L is t a ll co m pa ra tiv e qu ot es o f pa rt ic ip an ts p er fo rm in g on th e pr oj ec t a nd p ar tic ip an ts th at b id . In cl ud e Su bc on tr ac to rs , S up pl ie rs , S ub -c on su lta nt s & S er vi ce p ro vi de rs . N am e, C on ta ct N am e an d Ph on e nu m be r of C on tr ac to r * C he ck ( â) F ir m s T ha t W ill B e U se d D es cr ip tio n of W or k D ol la r A m ou nt o f Su bc on tr ac t/Q uo te 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 12 . * P le as e in di ca te w it h an a st er is k ( * ) or c he ck m ar k ( â ) w hi ch s ub co nt ra ct or s, s up pl ie rs , s ub -c on su lta nt s & s er vi ce p ro vi de rs y ou w ill b e us in g on th e pr oj ec t. (M ak e ad di ti on al c op ie s of th is f or m a s ne ce ss ar y) M nD O T O C R P ag e __ __ o f __ __ _ 12 /2 01 2
T G B /V et er an P ag e 23 M in ne so ta D ep ar tm en t o f T ra ns po rt at io n O ff ic e of C iv il R ig ht s C on tr ac to r Pa ym en t F or m S ta te P ro je ct N um be r: _ __ __ __ __ __ __ __ __ __ __ __ P ri m e __ __ __ __ __ S ub co nt ra ct or _ __ __ __ __ __ _ P ay m en t R ep or ti ng P er io d: (F ro m : _ __ __ __ __ __ __ __ __ T o: _ __ __ __ __ __ __ __ __ __ __ __ _) In st ru ct io ns : A ll C on tr ac to rs m ak in g pa ym en ts to s ub co nt ra ct or s, r eg ar dl es s of t he ir ti er o r T G B /V et er an -o w ne d bu si ne ss s ta tu s, a re r eq ui re d to c om pl et e an d su bm it th is f or m to M nD O T âs O ff ic e of C iv il R ig ht s (O C R ) un til f in al p ay m en t is m ad e. In cl ud e pa ym en ts t o su bc on tr ac to rs , se rv ic e pr ov id er s, s ub -c on su lta nt s & i nd ep en de nt co nt ra ct or s. F ai lu re to c om pl y w it h th is f or m a nd M in ne so ta âs p ro m pt p ay m en t l aw m ay c au se p ro gr es s pa ym en ts to th e pr im e co nt ra ct or to b e w it hh el d. S ub m it on e co py o f th is f or m to th e O C R O ff ic e an d on e to th e pr oj ec t e ng in ee r, n o la te r th an te n (1 0) d ay s af te r re ce iv in g pa ym en t f ro m M nD O T . C on tr ac to râ s N am e, A dd re ss , T el ep ho ne N um be r O ri gi na l C on tr ac t A m ou nt C om m itt ed % A ct ua l t o D at e TG B V et er an TG B V et er an N am e of S ub co nt ra ct or /S up pl ie r TG B /V et (in di ca te ) D es cr ip tio n of W or k Su bc on tr ac t A m ou nt 1. 1. 1. 2. 2. 2. 3. 3. 3. A m ou nt o f C ur re nt P ay m en t % P ai d to d at e Fi na l P ay m en t? Y es / N o 1. 1. 1. 2. 2. 2. 3. 3. 3. C om pa ny O ff ic ia lâs S ig na tu re & T itl e D at e Si gn ed N am e & T itl e of In di vi du al C om pl et in g R ep or t (T yp e or P ri nt C le ar ly ) (T hi s fo rm m ay b e su bm it te d in a n al te rn at e fo rm at ) I ce rt if y th at th e in fo rm at io n ab ov e is tr ue , a cc ur at e, a nd c om pl et e. __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ P ag e __ __ o f __ __ _ B id de r or A ut ho ri ze d R ep re se nt at iv e
Minnesota Department of Transportation Office of Civil Rights GOOD FAITH EFFORTS AFFIDAVIT STATE OF MINNESOTA COUNTY OF ______________________________ I, __________________________________________ being first duly sworn, state as follows: 1. I am the ___________________________________ of _______________________________ organization that has been identified as the apparent low bidder of the State Project _______________. 2. I have the authority to make this affidavit for and on behalf of the apparent low bidder. 3. The information provided in the attached Certificate of Good Faith Efforts is true and accurate to the best of my belief. Signed _____________________________ _________________ _______________ Bidder or authorized representative Title Date Subscribed and sworn to before me This _______ day of ___________, 20____ ___________________________________________________ Notary Public My commission expires ____________________, 20________ MnDOT OCR 12/2012
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 1 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (MnDOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The MnDOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). MnDOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. MnDOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action ........................................................................................... 2 Notice of Pre-Award Reporting Requirements ............................................................................................ 3 Minnesota Affirmative Action Requirements.............................................................................................. 4 Appropriate Work Place Behavior ............................................................................................................... 5 Notice to All Prime and Subcontractors: Reporting Requirements ............................................................. 6 Specific Federal Equal Employment Opportunity Responsibilities ............................................................ 7 Standard Federal and State Equal Employment Construction Contract Specifications .............................. 9 Equal Opportunity Clause .......................................................................................................................... 15 Minority and Women Employment Goals Chart ....................................................................................... 16 Sample Summary of Employment Activity, Form EEO-12 ...................................................................... 18 Sample Monthly Employment Compliance Report, Form EEO-13 .......................................................... 20 EEO Compliance Review Report ............................................................................................................. 22 On-The-Job Training Program: Trainee Assignment ............................................................................... 23 Certification of On-the-Job Training Hours: Federal-Aid Projects ........................................................... 24 On-the-Job Training (OJT) Program Approval Form ................................................................................ 25 On-the-Job Training (OJT) Program Trainee Termination Form .............................................................. 26 Required Contract Provisions: Federal-Aid Construction Contracts ......................................................... 27
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 2 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140, 23 CFR 230 and Minnesota Statute §363A.36) 1. The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the âSpecific Federal Equal Employment opportunity Responsibilitiesâ (EEO Pages 7- 8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal-Aid Construction Contracts" (EEO Pages 27-38). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non- federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted projects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally-assisted projects and/or Minnesota Statutes §363A.36 and its accompanying rules for state or state-assisted projects. Compliance with the goals will be measured against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 3 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE-AWARD REPORTING REQUIREMENTS In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOTâs ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds $ 5,000,000.00: 1) The Apparent Low Bidder (âALBâ) must provide to Mn/DOT the âEEO-8 Formâ (also entitled âEEO Compliance Review Reportâ), which must provide detail on the contractorâs total company workforce in the State of Minnesota during the twelve month period preceding July 30th of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALBâs efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALBâs total workforce and labor projections for the project (represented in hours), the ALBâs projected total number of minority hours for the project, and the ALBâs projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights â 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 4 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS 1. It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying rules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). 3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, 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. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. 5. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155. (651) 539-1100, TTY 296-1283, Toll Free 1-800-657-3704. 6. The Contractor shall notify each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 5 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportationâs (MnDOTâs) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. MnDOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on MnDOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employeeâs work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job-related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individualâs employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individualâs employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on MnDOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with MnDOTâs policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 6 NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS 1. In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO-13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO-12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO-13 is required for each payroll period within the month of July. The prime contractor submits the EEO-13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on-site contract compliance review. During the scheduled on-site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 10-13, at 7 a-p of this contract. 2. If a Federally funded project requires On-the-Job-Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program- Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On- The-Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms upon request. Please call the Office of Civil Rights, (651) 366-3073.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 7 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR-1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal-Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal-Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: 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, color, or national origin. Such action shall 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, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual 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 staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2). All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractorâs equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (cont.) EEO Page 8 classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. 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 contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special Provision is provided under this contract, this subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If a contractor 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 women 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: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity 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, or national origin. c. 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 State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable 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, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents thecontractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractorâs equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractorâs who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period 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 State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR-1391. If on-the-job training is being required by a âTraining Special Provisionâ, the contractor will be required to furnish Form FHWA 1409.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 9 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statute §363A.36) Unless noted, the following apply to both Federal/federally assisted projects and State/state assisted projects. Item 3 applies to Federal/federally assisted projects only . 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 10 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 11 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off-the-street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (l) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(l) in Minnesota Rules.)
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 13 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (n) Ensure that all facilities and company activities are non segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a)-(o) for State or state assisted projects). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female, and all women both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under-utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 14 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 15 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 16 Minority and Women Employment Goals County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 22% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 22% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisago 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 22% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 6.9% 6% 6% Faribault 2.2% 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 32% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandiyohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochiching 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2.0% 6.9% 6% 6% Le Sueur 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% Lyon 0.8% 6.9% 4% 6%
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 17 County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Mahnomen 2.0% 6.9% 6% 6% Marshall 2.0% 6.9% 6% 6% Martin 2.2% 6.9% 4% 6% McLeod 2.2% 6.9% 3% 6% Meeker 2.2% 6.9% 3% 6% Mille Lacs 2.2% 6.9% 3% 6% Morrison 2.2% 6.9% 6% 6% Mower 0.9% 6.9% 4% 6% Murray 0.8% 6.9% 4% 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Olmsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennington 2.0% 6.9% 6% 6% Pine 2.2% 6.9% 3% 6% Pipestone 0.8% 6.9% 4% 6% Polk 1.2% 6.9% 6% 6% Pope 2.2% 6.9% 6% 6% Ramsey 2.9% 6.9% 32% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 6.9% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 22% 6% Sherburne 0.5% 6.9% 3% 6% Sibley 2.2% 6.9% 4% 6% St. Louis 1.0% 6.9% 5% 6% Stearns 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 22% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6%
E E O P ag e 18 E E O S P R ev . 0 7/ 12 M in n es o ta D ep a rt m en t o f T ra n sp o rt a ti o n O ff ic e of C iv il R ig ht s C on tr ac to r E m pl oy m en t D at a 1 . C o n tr a ct o r N a m e a n d A d d re ss : P h o n e: 2 . E m p lo y m en t D a ta a) N am e: L as t N am e, F ir st N am e, M I b ) S o ci a l S ec u ri ty # c ) N ew H ir e (Y o r N ) d) E th ni ci ty e) G en de r (M o r F) f) T ra de /F or em an , S up er vi so rs , M an ag er s g) L ev el (A , J , o r T ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . 27 . E E O -1 2 R ev . 5 /0 9
Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 19 INSTRUCTIONS FOR EEO-12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre-Con to the Project Engineer prior to the start of your first MnDOT construction project for the calendar year (Prime and Subs) 1. Contractor Name and Address self-explanatory. 2. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable MnDOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a âYâ for Yes or an âNâ for No. âNew Hireâ is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an âMâ for Males or an âF" for Females. 2f. Trade/Foreman, Supervisors, Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level âAâ is for an Apprentice, âJâ is for a Journey Worker, and âTâ is for a MnDOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through MnDOTâs Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact MnDOTâs Office of Civil Rights at (651) 366-3015. EEO-12 Rev. 05/09
M in ne so ta D ep ar tm en t o f T ra ns po rt at io n E E O S pe ci al P ro vi si on s O ff ic e of C iv il R ig ht s R ev is ed 0 7/ 12 E E O P ag e 20 M in n es o ta D ep a rt m en t o f T ra n sp o rt a ti o n O ff ic e o f C iv il R ig h ts M o n th ly E m p lo y m en t C o m p li a n ce R ep o rt E E O -1 3 1 . S P 3 . C o n tr a ct o r N a m e: 4 . P ri m e S A P S u b co n tr a ct o r ( C he ck o ne ) F ed er a l T a x I D : ( ch ec k on e) S P # C ou nt y or C it y S tr ee t A dd re ss : 5. D ol la r A m ou nt o f C on tr ac t: 2. R ep or ti ng P er io d C it y, S ta te Z ip 6. P er ce nt o f C om pl et io n: to 7 . E m p lo y m en t D a ta a ) N a m e: L a st , F ir st M id d le I n it ia l b ) S o ci a l S ec u ri ty # c) N ew H ir e (Y o r N ) d ) E th n ic it y e) G en d er M o r F ) T ra d e/ F o re m a n , S u p er v is o rs , M a n a g er s g ) L ev el (A , J o r T ) h ) H o u rs W o rk ed T h is P er io d 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 8 . C o n tr a ct G o a ls 9 . P re p a re d b y : (S ig na tu re ) 1 0 . R ev ie w ed b y : (S ig na tu re ) M IN N E S O T A G O A L S % O B T A IN E D % M in or ity % % W om en % P ri nt N am e: P ri nt N am e: T it le : T it le : D at e: D at e: P ho ne : F ax : P ho ne : F ax : E E O -1 3 R ev . 0 5/ 09
E E O S P 0 7/ 12 E E O P ag e 21 IN S T R U C T IO N S F O R E E O -1 3 M O N T H L Y E M P L O Y M E N T C O M P L IA N C E R E P O R T 1. -5 . S el f- ex pl an at or y â S ta te P ro je ct # , c ou nt y pr oj ec t i s lo ca te d in , a re y ou a p ri m e or s ub , a nd c on tr ac t v al ue . 6. P er ce nt o f C om pl et io n is th e es tim at ed p er ce nt ag e of w or k co m pl et ed in cl ud in g th is r ep or tin g pe ri od . 7. E m pl oy m en t D at a in fo rm at io n w ill c oi nc id e w ith y ou r em pl oy m en t r ec or ds . A ll pr of es si on al , s up er vi so ry a nd m an ag er ia l h ou rs a ct ua lly w or ke d on th e pr oj ec t si te m us t b e in cl ud ed , w he th er o r no t t he y ap pe ar o n th e ce rt if ie d pa yr ol l. 7a . N am e sh ou ld b e lis te d L as t N am e, F ir st N am e, a nd M id dl e In iti al . T hi s w ill e na bl e M nD O T E E O s ta ff to r ea di ly id en tif y in di vi du al s on a ll pr oj ec ts . 7b . S oc ia l S ec ur ity N um be r se lf -e xp la na to ry . 7c . N ew H ir e is to b e in di ca te d w ith a â Y â fo r Y es o r an â N â fo r N o. â N ew H ir eâ is a n em pl oy ee w ho h as n ot w or ke d fo r yo u in a ny c ap ac ity o r on a ny ot he r pr oj ec t w ith in th e cu rr en t c al en da r ye ar . 7d . E th ni ci ty c an b e in di ca te d by B la ck ( B ), H is pa ni c (H ), A m er ic an I nd ia n/ A la sk an N at iv e (A I) , A si an /P ac if ic I sl an de r (A P ), o r W hi te ( W ). 7e . G en de r is to b e in di ca te d w ith a n âM â fo r M al es o r an â F â fo r F em al es . 7f . T ra de /F or em an , S up er vi so rs , M an ag er s lis t t he tr ad e th at a pp lie s un le ss th e em pl oy ee f its o ne o f th e ot he r th re e ca te go ri es . 7g . L ev el â A â is f or a n A pp re nt ic e, â Jâ is f or a J ou rn ey W or ke r, a nd â T â is f or a M nD O T a pp ro ve d T ra in ee . 7h . H ou rs W or ke d fo r T hi s P er io d w ill b e al l h ou rs w or ke d by th e in di vi du al , f or e ac h tr ad e, d ur in g th e sp ec if ie d re po rt in g pe ri od . 8. C on tr ac t G oa ls a re th e pe rc en t o f to ta l p ro je ct h ou rs to b e w or ke d by m in or ity a nd w om en e m pl oy ee s. T he g oa ls a re d et er m in ed b y th e ge og ra ph ic lo ca tio n an d so ur ce o f fu nd in g fo r th e pr oj ec t. P ro je ct s in e xc es s of $ 10 0, 00 0 w ith a ny S ta te f un di ng m us t m ee t t he S ta te E m pl oy m en t G oa ls . P ro je ct s in e xc es s of $ 10 ,0 00 w ith a ny F ed er al f un di ng m us t m ee t t he F ed er al E m pl oy m en t G oa ls . (S ee c ha rt o n E E O P ag es 1 6- 17 .) M in or ity a nd w om en e m pl oy ee h ou rs s ha ll be d is tr ib ut ed ev en ly th ro ug ho ut th e le ng th o f th e pr oj ec t a nd in e ve ry tr ad e an d cr af t t ha t p er fo rm s w or k on th e pr oj ec t. % O bt ai ne d is th e pe rc en t o f th e to ta l p ro je ct h ou rs w or ke d by m in or ity a nd w om en e m pl oy ee s, u p to a nd in cl ud in g th is r ep or tin g pe ri od . 9. P re pa re d by C on tr ac to r D es ig ne e is th e si gn at ur e of th e pr im e or s ub co nt ra ct or âs E E O o ff ic er /d es ig ne e. 10 . R ev ie w ed b y P ro je ct E ng in ee r is th e si gn at ur e of th e M nD O T s ta ff m on ito ri ng th e pr oj ec t. T he P ri m e C on tr ac to r w ill s ub m it E E O -1 3 fo rm s fo r its w or kf or ce a nd a ll su bc on tr ac to rs to th e M nD O T P ro je ct E ng in ee r by th e 15 th d ay o f th e m on th f ol lo w in g th e m on th w he n w or k w as p er fo rm ed . If y ou h av e qu es tio ns a bo ut f ill in g ou t t hi s fo rm , c on ta ct th e O ff ic e of C iv il R ig ht s at ( 65 1) 3 66 -3 07 3. (P le as e m ak e co pi es a s yo u ne ed th em .) T h is i n fo rm a ti o n c a n b e su b m it te d e le c tr o n ic a ll y v ia t h e w eb , th ro u g h M n D O T âs W o rk fo rc e In fo rm a ti o n T ra ck in g I n it ia ti v e (W IT I) P ro g ra m . T o o p en a f re e a cc o u n t to g a in a cc es s to W IT I o r to f in d o u t m o re a b o u t th is p o ss ib il it y p le a se c o n ta ct M n D O T âs O ff ic e o f C iv il R ig h ts a t (6 5 1 ) 3 6 6 -3 3 2 1 . EE O -1 3 R ev . 0 5/ 09
EEO Page 22 EEO SP Revised 07/12 EEO COMPLIANCE REVIEW REPORT Total Company Workforce (For 12 Month Period Preceding July 30th of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories Total Employees Total Minorities Blacks Asian/ Pacific Is. American Indian Hispanic On-the-Job Trainees M F M F M F M F M F M F M F Officials (Managers) Supervisors Foremen/Women Clerical Equipment Operators Mechanics Truck Drivers Iron Workers Carpenters Cement Masons Electricians Pipefitters & Plumbers Painters Laborers Misc. Trades Total On-the-Job Trainees EEO-8 Rev. 07/07
SCHEDULE OF PRICES NOTICE TO BIDDERS Particular note should be made in regard to the clarity of numerals (figures) and to the procedure for alterations and the required certificate as directed by Section 1301. The following abbreviations may be used in item description and unit of measure in the Schedule of Prices. A Arch JA Jacked A-S Antiseepage LIN FT Linear Feet AB Asbestos Bonded LG Long ACT Actuated MAINT Maintenance AGG Aggregate MATL Material ALUM Aluminum MGM 1000 Board Feet ASB Asbestos MET Metal ASPH Asphaltic MOD Modification ASSY Assemblies MPA Metal Pipe Arch B+B Balled & Burlapped MTD Mounted BC Bituminous Coated NON MET Non Metallic BIT Bituminous NON PERF Non-Perforated BLDG Building NON REINF Non-Reinforced BR Bridge OH Overhead CAL Caliper P-A Pipe-Arch CB Catch Basin PAVT Pavement CEM Cement PERF Perofrated C and G Curb and Gutter PL Plate CI Cast Iron PNEUM Pneumatic C-I-P Cast-in-Place PREC Precast CL Class PREST Prestressed COMM Commercial PVC Poly Vinyl Chloride CONC Concrete RCPA Reinforced Concrete Pipe Arch COND Conductor REINF Reinforced CONN Connection RELO Relocation CONST Construct RESTOR Restoration CONT Continuously RMC Rigid Metallic Conduit CP Cattle Pass RNMC Rigid Non Metallic Conduit CTD Coated RDWY Roadway CU FT Cubic Feet S-G Sand & Gravel CU YD Cubic Yard SIG Signal CULV Culvert SPE Special CWT Hundred Weight SQ FT Square Feet DES Design SQ YD Square Yard DBL Double STA Station DI Drop Inlet STD Standard DIAM Diameter STL Steel DRWY Driveway STKPL Stockpile EXC Excavation STR Strength EXP Expansion STRUCT Structural FAB Fabric SPPA Structural Plate Pipe Arch FE Fence SYS System FERT Fertilizer T Traffic F+I Furnish & Install TBR Timber FOUND Foundation TEMP Temporary FT LG Feet Long THERMO Thermoplastic FURN Furnish TRTD Treated GA Gauge UNDERGRD Underground GRAN Granular UNTRTD Untreated HI High VAR Variable INP In Place VM Vehicular Measure INST Install WEAR Wearing
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CONTRACT DATE OF OPENING : June 07, 2013 CALL ORDER : 622 JOB NUMBER : 130622 PROJECTS ------------ 8825-466 COUNTY : VARIOUS CODE: M0069 1. MATTISON CONTRACTORS INC
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION PAGE: 2 JOB NUMBER : 130622 8825-466 STATE FUNDS In Anoka, Carver, Dakota, Hennepin, Ramsey, and Washington Counties on Various Trunk Highways within the Metro Area Noise Walls (IDIQ) MBE GOAL : 2.70 % WBE GOAL : 0.00 % ---------------------------------------------------------------------- SITE CONTRACT TIME LIQUIDATED DAMAGES ---------------------------------------------------------------------- CONTRACT 1 WORK DAYS $ 0.00
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION PAGE : 1 DATE : CONTRACT SCHEDULE REVISED: CONTRACT ID: 130622 PROJECT(S): 8825-466 ROUTE: VARIOUS +------------------------------------------------------------------------------+ |LINE| ITEM | APPROX. | UNIT PRICE | BID AMOUNT | | NO | DESCRIPTION | QUANTITY |----------------|--------------| | | | AND UNITS | DOLLARS | CTS | DOLLARS |CTS| +------------------------------------------------------------------------------+ SECTION 0001 SP 8825-466 -------------------------------------------------------------------------------- | |2012602/00011 TRAFFIC | | | | |0010|CONTROL TYPE 1 | 14.000| 450.00000| 6,300.00 | | | | EACH | | | +------------------------------------------------------------------------------+ | |2012602/00012 TRAFFIC | | | | |0020|CONTROL TYPE 2 | 9.000| 950.00000| 8,550.00 | | | | EACH | | | +------------------------------------------------------------------------------+ | |2012602/00014 TRAFFIC | | | | |0030|CONTROL TYPE 4 | 10.000| 450.00000| 4,500.00 | | | | EACH | | | +------------------------------------------------------------------------------+ | |2012603/08010 | | | | |0032|SUPPLEMENTAL DESCRIPTION | 325.000| 4.75000| 1,543.75 | | |SALVAGE GLUE LAMINATED | LIN FT | | | | |RUB RAIL | | | | +------------------------------------------------------------------------------+ | |2101501/00010 CLEARING | | | | |0034| | 0.500| 5,000.00000| 2,500.00 | | | | ACRE | | | +------------------------------------------------------------------------------+ | |2101506/00010 GRUBBING | | | | |0036| | 0.500| 5,000.00000| 2,500.00 | | | | ACRE | | | +------------------------------------------------------------------------------+ | |2104503/00004 REMOVE | | | | |0040|WOOD NOISE WALL | 54,027.000| 1.50000| 81,040.50 | | | | SQ FT | | | +------------------------------------------------------------------------------+ | |2422603/00095 INSTALL | | | | |0048|GLUE LAMINATED RUB RAIL | 325.000| 6.50000| 2,112.50 | | | | LIN FT | | | +------------------------------------------------------------------------------+ | |2422618/00050 WOOD NOISE | | | | |0050|BARRIER | 10,963.000| 10.75000| 117,852.25 | | | | SQ FT | | | +------------------------------------------------------------------------------+
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION PAGE : 2 DATE : CONTRACT SCHEDULE REVISED: CONTRACT ID: 130622 PROJECT(S): 8825-466 ROUTE: VARIOUS +------------------------------------------------------------------------------+ |LINE| ITEM | APPROX. | UNIT PRICE | BID AMOUNT | | NO | DESCRIPTION | QUANTITY |----------------|--------------| | | | AND UNITS | DOLLARS | CTS | DOLLARS |CTS| +------------------------------------------------------------------------------+ | |2012618/08010 | | | | |0054|SUPPLEMENTAL DESCRIPTION | 43,064.000| 10.54000| 453,894.56 | | |WOOD NOISE BARRIER | SQ FT | | | | |SPECIAL | | | | +------------------------------------------------------------------------------+ | | TOTAL BID | | 680,793.56 | +==============================================================================+
TABLE G.2. Example 2 - IDIQ Contract Language Missouri Department of Transportation
Job No. JXXXXXXX Route XX Various Counties JOB SPECIAL PROVISIONS TABLE OF CONTENTS (ROADWAY) (Job Special Provisions shall prevail over General Special Provisions whenever in conflict therewith.) A. General B. Project Contact for Contractor/Bidder Questions C. Scope of Work D. Job Order Contract E. Procedures for Developing a Job Order F. Term of Contract G. Fixed Unit Price List H. Adjustment Factors I. Bidding the Adjustment Factors J. Contract Award K. Bonds L. Accelerated Repair M. Notice to Proceed N. Completing the Work O. Final Inspection and Acceptance of the Work P. Liquidated Damages for Failure or Delay in Beginning and/or Completing Work On Time Q. Liquidated Damages Specified for Accelerated Repair Response R. Liquidated Damages Specified for Lane Closures S. Liquidated Damages for Winter Months T. Contract Payments U. Work Zone Traffic Management Plan V. Traffic Control Plan Types W. Pavement Marking X. Delay Provisions Y. Eliminated Materials Z. Sample Job Orders AA. Emergency Provisions and Incident Management BB. Utilities CC. Supplemental Revisions DD. Coldmilling and Asphalt Resurfacing Requirements EE. Damage to Existing Pavement FF. Mobilization GG. Previous Job Order Information HH. Railroad Requirements II. Safety Plan
Job No. JXXXXXXX Route XXX Various Counties âTHIS MEDIA SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT.â MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION 105 W. CAPITOL AVE. JEFFERSON CITY, MO 65102 Phone 1-888-275-6636 If a seal is present on this sheet, JSPâs have been electronically sealed and dated. JOB NUMBER: JXXXXXXX VARIOUS COUNTIES, MO DATE PREPARED: 02/18/2013 ADDENDUM DATE: Only the following items of the Job Special Provisions (Roadway) are authenticated by this seal: ALL
Job No. JXXXXXXX Route XX Various Counties 1 JOB SPECIAL PROVISIONS A. GENERAL â FEDERAL (to be inserted by Central Office) B. PROJECT CONTACT FOR CONTRACTOR/BIDDER QUESTIONS 1.0 Any questions relating to the bidding process or concerning the bid document preparation shall be directed to the Central Office Design Division to: Ms. Natalie Roark Bidding and Contract Services Engineer (573) 526-2923 natalie.roark@modot.mo.gov ***INSERT DISTRICT CONTACT INFORMATION HERE*** 2.0 Upon award and execution of the contract, the successful bidder/contractor shall forward all questions and coordinate the work with the contract administrator. The contract will be administered and inspected by the engineer/contract administrator listed below: ***INSERT CONTACT INFORMATION HERE*** C. SCOPE OF WORK 1.0 The scope of work for this project is to provide asphalt pavement repair on an as needed basis in response to sudden occurrences, such as physical damage by the elements, or as a result of wear and tear. The work will be prescribed through individual Job Orders issued to the contractor by the engineer for each work location. 2.0 A work location for this contract shall be limited to a 2-mile section of roadway. A 2-mile section shall be defined as 2 miles in one direction on a divided highway or 2 miles in both directions on an undivided highway. 3.0 The project limits for the work will be along ***insert list of Counties and Routes***. 4.0 Job Orders will only be issued for work to be performed from April 1 to November 30, unless otherwise mutually agreed upon between the contractor and the engineer. 5.0 The Commission is not bound to issue a minimum or maximum number of Job Orders during the contract term. Award of contract does not guarantee any Job Orders during the duration of the contract. It is the intent, however, to meet the anticipated budget of $250,000.
Job No. JXXXXXXX Route XXX Various Counties 2 D. JOB ORDER CONTRACT 1.0 A Job Order Contract is an indefinite quantity contract pursuant to which the contractor shall perform the work itemized in a Job Order at individual work locations throughout the project limits. The contractor shall perform all tasks itemized in the Job Order. 2.0 The engineer will identify the required work at an individual work location in collaboration with the contractor at a Joint Scope Meeting. The engineer will provide the contractor with a draft Detailed Scope of Work which the contractor shall review. Once the detailed Scope of Work is agreed upon, the engineer will issue a Job Order to the contractor. At any given time the contractor may be performing more than one Job Order. 3.0 The contract includes a list of fixed cost pay items with fixed unit prices. Payment for the work will be determined by multiplying the fixed unit prices by an applicable Adjustment Factor. The contractor shall bid three separate Adjustment Factors to be applied to the fixed unit prices as applicable for work performed during normal working hours, nighttime hours or weekend hours as defined elsewhere in this contract. The total cost of an individual Job Order will be determined by multiplying the fixed unit prices of each fixed cost pay item by the appropriate quantity and then multiplying the total cost of all pay items by the appropriate Adjustment Factor. 4.0 Definitions. 4.1. Detailed Scope of Work. A written document that sets forth the work the contractor is obligated to perform in connection with a particular Job Order. 4.2 Job Order. A written order from the engineer to the contractor directing the work required at an individual work location in accordance with the Detailed Scope of Work within the Job Order Completion Time. 4.3 Job Order Completion Time. The time within which the contractor must complete the Detailed Scope of Work for a particular Job Order. 4.4 Fixed Cost Pay Item. Work for which a description and fixed cost is set forth in the fixed cost pay item list. 4.5 Non-Fixed Cost Pay Item. Work for which a description and fixed cost is not set forth in the pay item list. Payment for non-fixed cost pay items will be determined in accordance with Sec 109.4.2, 109.4.3, or 109.4.4. Non-fixed cost pay items will be paid using an Adjustment Factor of 1.000. E. PROCEDURES FOR DEVELOPING A JOB ORDER 1.0 Initiation of a Job Order. The engineer will notify the contractor of a potential Job Order by issuing a Notice of Joint Scope Meeting. The notification will be issued by electronic mailing or facsimile machine at the discretion of the engineer to the contractor, unless the engineer approves other arrangements. The contractor shall confirm receipt of all job orders by the same means as issued. Notification for accelerated repair work can be initiated by telephone.
Job No. JXXXXXXX Route XXX Various Counties 3 1.1 The contractor shall attend the Joint Scope Meeting and be prepared to discuss, at a minimum: a. The general scope of the work; b. Existing conditions, presence of waterways, wetlands, or other natural resources, c. Presence of hazardous materials d. Methods and alternative for accomplishing the work; e. Access to the site; f. Staging area availability/location; g. Requirements for catalog cuts, technical data, samples and shop drawings; h. Requirements for professional services, including sketches, drawings, and specifications; i. Hours of operation; j. Anticipated working days and schedule; k. Liquidated damages; l. Specific quality requirements for equipment and material; m. List of anticipated Subcontractors and Material Suppliers. 1.2 Upon completion of the joint scoping process, the engineer will prepare a draft detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The contractor shall review the detailed Scope of Work and request any desired changes or modifications thereto. When an acceptable detailed Scope of Work has been completed, the engineer will issue a Draft Job Order. 1.3 The contractor does not have the right to refuse to perform any Job Order or any work identified in a Job Order. If the contractor refuses to perform any Job Order or any work identified in a Job Order, the contractor may be considered to be in default in accordance with Sec 108. 2.0 Preparation Of The Job Order. The engineer will prepare a Draft Job Order and submit the order to the contractor for final review. The contractor and the engineer will jointly review the Draft Job Order and finalize the order. Establishment of pricing for any non-fixed cost pay items shall be in accordance with Sec 109.4.2 or 109.4.3. If no agreement to pricing can be made then the work will proceed with payment for non-fixed cost items under Sec 109.4.4. 2.1 When the engineer and contractor have agreed to the scope of work and Fixed Cost and Non-Fixed Cost tasks to be performed, the engineer will finalize the official Job Order and submit a signed Job Order for the contractor to review and sign. The affixed signatures by the engineer and the contractor shall bind the Job Order. If the contractor is not clear or in disagreement with the terms of the Job Order he shall NOT sign the Job Order, but shall work with the engineer to clear up any discrepancies in the work to be done. If the contractor fails to execute the Job Order, the contractor may be considered to be in default in accordance with Sec 108. 3.0 The Commission reserves the right to cancel or reject a Job Order for any reason. The Commission also reserves the right not to issue a Job Order if that is determined to be in the best interests of the Commission. The contractor shall not recover costs arising out of or related to the development of the Job Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, subcontractor costs, and the cost to review the Job Order Proposal with the Commission.
Job No. JXXXXXXX Route XXX Various Counties 4 4.0 Job Order Issuance. The Job Order will be signed by the engineer and delivered to the contractor. The Job Order will reference the Detailed Scope of Work and set forth the amount to be paid and the time to complete the work. 5.0 Notice to Proceed. Each Job Order will include a notice to proceed, which will stipulate the date the contractor is expected to begin work. The notice to proceed date will normally be within 14 calendar days after the job order is issued. For Job Orders that require an accelerated response, contractors shall respond to the work location and begin the accelerated repair work within 5 calendar days of the notice to proceed established in the Job Order. 5.1 The contractor shall provide 48-hour notification prior to start of repair work for accelerated Job Orders and 5-days notification for all other Job Orders. F. TERM OF CONTRACT 1.0 The term of this contract shall be for the period commencing ***Insert Date*** and shall end ***Insert Date***. 1.1 Any work already ordered or in progress when the contract term ends shall be completed in accordance with the provisions, price proposals and timelines established in the issued Job Order(s), or liquidated damages will be assessed against the contractor in accordance with the provisions of this contract. 2.0 The contract may be extended under the original terms and contract prices for the period commencing ***Insert Date*** and shall end ***Insert Date*** for a maximum contract term of two (2) years. If, in the sole discretion of the Commission, the Commission desires to extend the contract, the contractor will be given written notification of the extension no later than December 1 of the current contract year. The contractor shall provide written notification of acceptance or rejection of the extension of this contract no later than January 1 of the current contract year. If the option for extending the contract is exercised by MoDOT, a time adjustment change order will be issued by the Commission to extend the contract to the new term limits. The contractor shall increase the performance contract bond to an amount equal to the original contract amount plus the extended contract amount (i.e., double the original bond amount). G. FIXED UNIT PRICE LIST 1.0 Description. A fixed unit price list containing unit prices associated with asphalt repair is listed below. Fixed unit prices are for complete and in-place construction and include all labor, equipment and material required to complete the construction task. All labor, material, equipment and work required by a specification shall be considered part of the fixed unit price, unless otherwise stated elsewhere in this contract. Pay limits will be defined in the approved Job Order.
Job No. JXXXXXXX Route XXX Various Counties 5 2.0 Fixed Unit Price List for Asphalt Pavement Repair Job Orders. Item Number Description Unit Fixed Unit Price 4019910 Shoulder Mix (15-100 tons) (Over 9 feet wide) Tons $78.00 4019910 Shoulder Mix (15-100 tons) (4.1-9 feet wide) Tons $93.00 4019910 Shoulder Mix (15-100 tons) (2-4 feet wide) Tons $111.25 4019910 Shoulder Mix (100.1-500 tons) (Over 9 feet wide) Tons $60.50 4019910 Shoulder Mix (100.1-500 tons) (4.1-9 feet wide) Tons $72.00 4019910 Shoulder Mix (100.1-500 tons) (2-4 feet wide) Tons $86.00 4019910 Shoulder Mix (500.1-1000 tons) (Over 9 feet wide) Tons $55.00 4019910 Shoulder Mix (500.1-1000 tons) (4.1-9 feet wide) Tons $65.50 4019910 Shoulder Mix (500.1-1000 tons) (2-4 feet wide) Tons $78.00 4019910 Shoulder Mix (over 1000 tons) (Over 9 feet wide) Tons $51.50 4019910 Shoulder Mix (over 1000 tons) (4.1-9 feet wide) Tons $61.25 4019910 Shoulder Mix (over 1000 tons) (2-4 feet wide) Tons $73.00 4039910 SP125C (64-22) (15-100 tons) (Over 9 feet wide) Tons $87.75 4039910 SP125C (64-22) (15-100 tons) (4-9 feet wide) Tons $104.75 4039910 SP125C (64-22) (100.1-500 tons) (Over 9 feet wide) Tons $69.00 4039910 SP125C (64-22) (100.1-500 tons) (4-9 feet wide) Tons $82.30 4039910 SP125C (64-22) (500.1-1000 tons) (Over 9 feet wide) Tons $61.00 4039910 SP125C (64-22) (500.1-1000 tons) (4-9 feet wide) Tons $72.75 4039910 SP125C (64-22) (over 1000 tons) (Over 9 feet wide) Tons $58.50 4039910 SP125C (64-22) (over 1000 tons) (4-9 feet wide) Tons $69.75 4039910 SP125C (70-22) (15-100 tons) (Over 9 feet wide) Tons $93.00 4039910 SP125C (70-22) (15-100 tons) (4-9 feet wide) Tons $111.00 4039910 SP125C (70-22) (100.1-500 tons) (Over 9 feet wide) Tons $76.50 4039910 SP125C (70-22) (100.1-500 tons) (4-9 feet wide) Tons $91.25 4039910 SP125C (70-22) (500.1-1000 tons) (Over 9 feet wide) Tons $67.50 4039910 SP125C (70-22) (500.1-1000 tons) (4-9 feet wide) Tons $80.50 4039910 SP125C (70-22) (over 1000 tons) (Over 9 feet wide) Tons $65.00 4039910 SP125C (70-22) (over 1000 tons) (4-9 feet wide) Tons $77.50 4039910 SP125B (76-22) (100.1-500 tons) (Over 9 feet wide) Tons $81.50 4039910 SP125B (76-22) (100.1-500 tons) (4-9 feet wide) Tons $97.25 4039910 SP125B (76-22) (500.1-1000 tons) (Over 9 feet wide) Tons $72.50 4039910 SP125B (76-22) (500.1-1000 tons) (4-9 feet wide) Tons $86.50 4039910 SP125B (76-22) (over 1000 tons) (Over 9 feet wide) Tons $69.00 4039910 SP125B (76-22) (over 1000 tons) (4-9 feet wide) Tons $82.25 4039910 SP190C (64-22) (100.1-500 tons) (Over 9 feet wide) Tons $68.50 4039910 SP190C (64-22) (100.1-500 tons) (4-9 feet wide) Tons $81.75 4039910 SP190C (64-22) (500.1-1000 tons) (Over 9 feet wide) Tons $60.25 4039910 SP190C (64-22) (500.1-1000 tons) (4-9 feet wide) Tons $71.75 4039910 SP190C (64-22) (over 1000 tons) (Over 9 feet wide) Tons $57.25 4039910 SP190C (64-22) (over 1000 tons) (4-9 feet wide) Tons $68.25 4039910 SP190C (70-22) (100.1-500 tons) (Over 9 feet wide) Tons $76.50 4039910 SP190C (70-22) (100.1-500 tons) (4-9 feet wide) Tons $91.25
Job No. JXXXXXXX Route XXX Various Counties 6 4039910 SP190C (70-22) (500.1-1000 tons) (Over 9 feet wide) Tons $64.25 4039910 SP190C (70-22) (500.1-1000 tons) (4-9 feet wide) Tons $76.50 4039910 SP190C (70-22) (over 1000 tons) (Over 9 feet wide) Tons $63.00 4039910 SP190C (70-22) (over 1000 tons) (4-9 feet wide) Tons $75.00 4039910 SP190B (76-22) (100.1-500 tons) (Over 9 feet wide) Tons $79.50 4039910 SP190B (76-22) (100.1-500 tons) (4-9 feet wide) Tons $95.00 4039910 SP190B (76-22) (500.1-1000 tons) (Over 9 feet wide) Tons $68.75 4039910 SP190B (76-22) (500.1-1000 tons) (4-9 feet wide) Tons $82.00 4039910 SP190B (76-22) (over 1000 tons) (Over 9 feet wide) Tons $67.00 4039910 SP190B (76-22) (over 1000 tons) (4-9 feet wide) Tons $79.90 4071005 Tack Coat Gal $3.40 6123000A Truck Or Trailer Mounted Attenuator (TMA) Each $750.00 6133020 Furnishing and Placing Bituminous Material for Class C Partial Depth Pavement Repair Tons $150.00 6133021 Removal for Class C Partial Depth Pavement Repair Square Yard $50.00 6161005 Construction Signs SF $3.00 6161008 Advanced Warning Rail System Each $45.00 6161009 Flag Assembly Each $6.00 6161025 Channelizer (Trim Line) Each $9.00 6161030 Type III Moveable Barricade Each $75.00 6161033 Directional Indicator Barricade Each $18.75 6161040 Flashing Arrow Panel Each $390.00 6161055 Sequential Flashing Warning Light Each $50.00 6161098 CMS, contractor Furnished/Retained Each $1,200.00 6169902 Single Lane Closure Each $3,000.00 6169902 Double Lane Closure Each $3,900.00 6169902 Interior Lane Closure Each $3,900.00 6169902 Triple Lane Closure Each $4,500.00 6169902 Ramp Closure Each $1,800.00 6169902 One-Lane Two-Way Operation with Flagger Each $3,000.00 6189902 Accelerated Repair Each $3,000.00 6189902 Mobilization Coldmill & Resurfacing (15-1000 tons) Each $5,000.00 6189902 Mobilization Coldmill & Resurfacing (Over 1000 tons) Each $3,500.00 6189902 Mobilization Resurfacing Only (15-1000 tons) Each $4,450.00 6189902 Mobilization Resurfacing Only (Over 1000 tons) Each $2,750.00 6189902 Mobilization Material Transfer Vehicle Each $2,700.00 6229905 Milling per SY (< 2") Square Yard $2.10 6229905 Milling per SY (2"-4") Square Yard $2.40 6229905 Milling per SY (4"-6") Square Yard $2.70 6229905 Milling per SY (>6") Square Yard $7.20 6229905 Modified Milling/Depth Transition Square Yard $8.00
Job No. JXXXXXXX Route XXX Various Counties 7 H. ADJUSTMENT FACTORS 1.0 Description. Adjustment Factors include business and construction related costs as defined in this specification. It is the responsibility of the contractor to verify the unit prices provided in this contract and to modify their Adjustment Factors accordingly. 1.1 Business Costs. Business related costs consist of profit, overhead costs, subcontractor profit and overhead, taxes, finance costs, and other costs including but not limited to; (a) insurance, bonds and indemnification (b) project meetings, training, management and supervision (c) project office staff and equipment (d) employee or subcontractor wage rates that exceed prevailing wages (e) fringe benefits, payroll taxes, workerâs compensation, insurance costs and any other payment mandated by law in connection with labor that exceeds the labor rate allowances. (f) Business risks such as the risk of low than expected volumes of work, smaller than anticipated Job Orders, poor subcontractor performance, and inflation or material cost fluctuations. 1.2 Construction Costs. Construction related costs include but are not limited to; (a) personnel safety equipment (b) security requirements (c) excess material waste (d) daily and final clean-up (e) costs resulting from inadequate supply of materials, fuel, electricity, or skilled labor (f) costs resulting from productivity loss (g) working in extreme and adverse weather conditions (h) any other discreet items of work required to complete a particular Job Order. 1.3 General Costs. The above lists are not exhaustive and are intended to provide general examples of cost items to be included in the contractorâs Adjustment Factors as defined in the contract. 2.0 Normal Work Adjustment Factor. The Adjustment Factor for Normal Working Hours includes work conducted from 6:00 a.m. to 7:30 p.m. Monday through Friday. 2.1 In addition to the time period specified in 2.0, work performed during Normal Working Hours must also be done during daylight hours, unless the contractor provides the necessary lighting equipment. Daylight hours are defined as ½ hour after sunrise to ½ hour before sunset. If the contractor chooses to work during Normal Working Hours, but outside of the defined daylight hours, the contractor shall provide lighting equipment at no additional cost to the Commission. 3.0 Nighttime Work Adjustment Factor. If the engineer determines traffic volumes are such that work cannot be performed during the daytime, Monday through Friday, without significant traffic impacts, the Job Order will specify nighttime repair operations. The Adjustment Factor for Nighttime Work includes any work conducted from 7:30 p.m. to 6:00 a.m. Monday through Thursday. 3.1 Any costs for additional lighting equipment necessary to perform nighttime repair operations is considered included in the Nighttime Work Adjustment Factor.
Job No. JXXXXXXX Route XXX Various Counties 8 4.0 Weekend Work Adjustment Factor. If the engineer determines traffic volumes are such that work cannot be performed Monday through Friday without significant traffic impacts, the Job Order will specify weekend repair operations. The Adjustment Factor for Weekend Work includes any work conducted from 7:30 p.m. on Friday through 6:00 a.m. on Monday, night or day, or a Holiday. 4.1 All work shall be scheduled to avoid major holidays. During the term of this contract there are six major holiday periods: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Yearâs Day. All lanes shall be scheduled to be open to traffic during these holiday periods, from 12:00 noon on the last working day preceding the holiday until 9:00 a.m. on the first working day subsequent to the holiday, unless designated as Weekend Work by the engineer. 5.0 The Adjustment Factor for Nighttime Work and Weekend Work will not be applied to adjust the unit bid price(s) unless the contractor is specifically directed to perform Nighttime or Weekend Work by the engineer as part of the Job Order. If the Job Order does not otherwise restrict nighttime or weekend hours, the contractor may, with the approval of the engineer, perform some or all of the repair operations during nighttime or weekend hours but will paid for the Adjustment Factor specified in the Job Order (i.e. the contractor may be allowed to complete nighttime work on the weekend but will be paid the Nighttime Adjustment Factor). I. BIDDING THE ADJUSTMENT FACTORS 1.0 The bidder shall complete the bid form by writing in three Adjustment Factors, one for Normal Working Hours one for Nighttime Work and one for Weekend Work. The Adjustment Factors shall be specified to three decimal places. Note that these are contract pay items for contractor payment, not work items. EXAMPLE: The Adjustment Factors shall be entered as the following example illustrates. 1 . 1 9 8 OR 0 . 9 8 7 Note: The Adjustment Factors used are for example purposes only and are not an indication of factors being bid by the contractor. J. CONTRACT AWARD 1.0 The Commission will evaluate the bids with the intent of awarding the contract to the lowest responsible bidder. 2.0 The lowest bid will be determined by multiplying each individual Adjustment Factor by the anticipated budget for each individual adjustment factor. For purposes of determining award of this contract, the estimated percentage of work performed during Normal Working Hours is 15%, the estimated percentage of Nighttime work is 80%, and the estimated percentage of Weekend work is 5%. The extended amount for each item will then be totaled, and the total
Job No. JXXXXXXX Route XXX Various Counties 9 sum will be used for bid comparison purposes. The initial contract value will be equal to the total sum. The dollar quantities provided in the bid form are anticipated budgets and are not intended to represent the actual value of work that will be assigned. The anticipated budget for this project is $250,000. EXAMPLE: The initial contract value is determined by entering the Adjustment Factors as the following example illustrates: Item Description Approximate Quantity Unit Unit Price Bid Amount Dollar Cts Dollar Cts 6189916 Normal Work Adjustment Factor 37,500.00 DLR 1.150 43,125.00 6189916 Nighttime Work Adjustment Factor 200,000.00 DLR 1.200 240,000.00 6189916 Weekend Work Adjustment Factor 12,500.00 DLR 1.250 15,625.00 Bid Total 298,750.00 Note: The Adjustment Factors used are for example purposes only and are not an indication of factors being bid by the contractor. K. BONDS 1.0 The amount of the Bid Bond shall be 5% of the anticipated budget for this project which is $XX,XXX. 2.0 The amount of the Performance Bond shall be 100% of the anticipated budget for this project. L. ACCELERATED REPAIR 1.0 If the engineer determines the safety of the public is unduly compromised by the damaged facility, the work will be designated as an accelerated repair. Commission forces or others will initially respond to the location and perform such work as necessary to reduce the immediate danger to the public. 2.0 The contractor will be notified by telephone of the location of the accelerated repair and extent of work needed. Written confirmation of the required work will be provided by fax, e-mail or personal delivery immediately after notification. The contractor shall provide a means for the engineer to contact the contractor 24 hours a day for emergencies. The Job Order will be negotiated and issued by the Commission within 48 hours of notification to the contractor. It is estimated that accelerated repair could occur up to 3 times during the term of this contract. 3.0 The contractor shall respond to the work location and begin the accelerated repair work within 5 calendar days of the notice to proceed established in the Job Order. After beginning the accelerated repair work, the contractor shall continuously and diligently pursue the work according to the mutually agreed upon schedule in the Job Order until all of the repairs described in the Job Order are complete, unless otherwise approved by the engineer.
Job No. JXXXXXXX Route XXX Various Counties 10 4.0 The contractor will be paid a one-time Accelerated Repair payment for beginning the accelerated repair work within the required 5 calendar days of the Notice to Proceed. An Adjustment Factor will not be applied to the Accelerated Repair payment. All other items necessary to complete the repair work will be paid for at the fixed unit price multiplied by the Normal, Nighttime or Weekend Adjustment Factor, as mutually agreed upon in the Job Order. M. NOTICE TO PROCEED Delete Sec 108.2 and substitute the following: 108.2 Notice to Proceed. For each Job Order, the engineer will include a notice to proceed, which will stipulate the date the contractor is expected to begin work. The notice to proceed date will normally be 14 calendar days after the job order is issued. 108.2.1 Job orders that require an accelerated response will normally have a notice to proceed of 5 calendar days after the job order is issued. Response time for accelerated repairs will commence at the time telephone contact is made with the contractor. N. COMPLETING THE WORK 1.0 The contractor shall perform any task in the fixed unit price list for the fixed unit price multiplied by the quantity, multiplied by the appropriate Adjustment Factor for tasks performed during Normal Working Hours or for tasks performed during Nighttime or Weekend hours. The contractor shall perform the Detailed Scope of Work for the Job Order Price as calculated in accordance with the procedure for developing Job Orders set forth herein. 2.0 When installed quantities differ from the estimated quantities in the issued Job Order, the as built quantities in the final Job Order will address the quantity variation(s) for final payment. When quantities are not specified in the Detailed Scope of Work, the Job Order Price will be deemed to be lump sum for such work. 3.0 The contractor shall employ and supply a sufficient force of workers, materials and equipment and shall progress the work with such diligence so as to ensure completion of the Detailed Scope of Work within the Job Order completion Time or within such extended time for completion as may be granted by the engineer. 4.0 In order to assist in reviewing the Job Order Price Proposal, the contractor shall as part of the Job Order Proposal prepare and submit to the engineer for approval, a progress schedule showing the order in which the contractor proposes to carry on the work, the date of which it will start the major items of work (including but not limited to excavation, drainage, paving, structures, mobilization, soil erosion and sediment control, etc.) and the critical features (including procurement of materials, plant and equipment) and the contemplated dates for completing the same. O. FINAL INSPECTION AND ACCEPTANCE OF THE WORK Delete Secs 105.10.7 through 105.10.7.2 and substitute the following:
Job No. JXXXXXXX Route XXX Various Counties 11 105.10.7 Final Inspection. Upon completion of the required work for each Job Order, the contractor shall notify the engineer by phone, facsimile, or electronic mailing, and the engineer will perform an inspection. If the engineer determines all work required by the contract has been satisfactorily completed, the engineer will make the acceptance for maintenance and notify the contractor in writing of the date of acceptance for maintenance. 105.10.7.1 Work determined to be unsatisfactory by the engineer and not accepted shall be corrected to acceptable standards at the contractorâs sole cost. All items that are unsatisfactory shall be corrected within the specified working days for each job order. If needed for correction of unsatisfactory work, the contractor will be given an extension of contract time in an amount equal to the number of working days remaining in the job order at the time the engineer was notified for inspection. No contract time extension will be made for notification made prior to completion of the work. Any time extension given will be considered a noncompensable delay. Upon completion of the corrections, the contractor shall notify the engineer for a reinspection. 105.10.7.2 Following a Job Order final inspection, the contractor, subcontractors, and suppliers are relieved of any new or additional liability to third parties for personal injury, death, or property damages which may be alleged to result from the performance of the work required by that job order, unless additional work on the right of way is required by the engineer. 105.10.7.3 Nothing in this section shall be deemed to excuse the contractor of liability or responsibility for any personal injury, death, or property damages which may arise from acts or the failure to act prior to the final inspection of the work required by the Job Order. P. LIQUIDATED DAMAGES FOR FAILURE OR DELAY IN BEGINNING WORK AND/OR COMPLETING WORK ON TIME 1.0 Description. If the contractor, or in case of default, the surety fails to begin the work by the notice to proceed date or fails to complete the work within the mutually agreed schedule included in each job order, the Commission, the traveling public, and state and local police and governmental authorities will be damaged in various ways, including but not limited to, increased construction administration cost, potential liability, traffic and traffic flow regulation cost, traffic congestion and motorist delay, with its resulting cost to the traveling public. These damages are not reasonably capable of being computed or quantified. Therefore, the contractor will be charged with liquidated damages specified in the amount of $1000.00 per day for each full day that the work is not started and $1000.00 per day for each full day that the work is not completed within the required time periods. It shall be the responsibility of the engineer to determine the quantity of excess time. 3.0 The said liquidated damages specified for beginning work and/or completing work will be assessed in addition to any other applicable liquidated damages specified elsewhere in the contract documents. Q. LIQUIDATED DAMAGES SPECIFIED FOR ACCELERATED REPAIR RESPONSE 1.0 Description. For work designated as accelerated repair work, if the accelerated repair work is not started within the required 5 calendar days of the Notice to Proceed, the Commission, the traveling public, and state and local police and governmental authorities will be damaged in various ways, including but not limited to, increased construction administration
Job No. JXXXXXXX Route XXX Various Counties 12 cost, potential liability, traffic and traffic flow regulation cost, traffic congestion and motorist delay, with its resulting cost to the traveling public. These damages are not reasonably capable of being computed or quantified. Therefore, the contractor will be charged with liquidated damages specified in the amount of $250.00 per hour for each full hour that the accelerated repair work is not started within the required 5 calendar days of the Notice to Proceed, in excess of the limitation as specified elsewhere in this special provision. It shall be the responsibility of the engineer to determine the quantity of excess time. 2.0 The contractor will be charged with liquidated damages specified in the amount of $250.00 per hour for each full hour that the accelerated repair work is not completed beyond the mutually agreed upon schedule established in the Job Order, in excess of the limitation as specified elsewhere in this special provision. It shall be the responsibility of the engineer to determine the quantity of excess time. 3.0 The said liquidated damages specified for accelerated repair response will be assessed in addition to any other applicable liquidated damages specified elsewhere in the contract documents. R. LIQUIDATED DAMAGES SPECIFIED FOR LANE CLOSURES 1.0 Description. The contractor shall be required to have all lanes open to unrestricted traffic and free of any equipment by the time specified in Job Order for each closure location. Should the contractor fail to have the roadway completely open, and free of any equipment by the time specified in Job Order, the Commission, the traveling public, state and local police and governmental authorities will be damaged in various ways, including but not limited to potential liability, traffic and traffic flow regulation cost, traffic congestion and motorist delay, with its resulting cost to the traveling public. These damages are not reasonably capable of being computed or quantified. Therefore, the contractor will be charged with liquidated damages specified in the amount of $1,000 per 15 minutes for each 15-minute increment that the roadway is not open and free of any equipment, in excess of the limitation as specified elsewhere in the special provision. It will be the responsibility of the engineer to determine the quantity of excess closure time. 1.1 The said liquidated damages specified will be assessed in addition to any other liquidated damages charged under the Missouri Standard Specifications for Highway Construction, as indicated elsewhere in this contract. 1.2 This deduction will continue until such time as the necessary work is completed and traffic is restored. 2.0 A contingency plan mutually agreed upon by the contractor and the engineer shall be established at the joint meeting and documented in each Job Order in the event of a delay of the scheduled traffic opening time due to weather or other unforeseen circumstances. S. LIQUIDATED DAMAGES FOR WINTER MONTHS JSP-04-17 1.0 Description. Revise Sec 108.8.1.2 (a) and (b) and substitute the following for the project: (a) Liquidated damages will be assessed from December 15 to March 15
Job No. JXXXXXXX Route XXX Various Counties 13 (b) Liquidated damages will be assessed for Saturdays, Sundays and Holidays. T. CONTRACT PAYMENTS 1.0 The engineer will make semi-monthly payment estimates in writing for the Job Orders completed and final inspected during the semi-monthly interval and the value thereof at the price established in the Job Order, including any necessary adjustments. The semi-monthly estimates will include deductions from the contractorâs invoice for any liquidated damages applicable to any of the Job Orders. U. WORK ZONE TRAFFIC MANAGEMENT PLAN 1.0 Description. The contractor may be responsible for the work zone traffic management as mutually agreed upon by the contractor and engineer for each individual Job Order. Work zone traffic management shall be in accordance with applicable portions of Division 100 and Division 600 of the Standard Specifications, and specifically as follows. 2.0 Work Zone Scheduling. 2.1 The contractor shall notify the engineer at least 48 hours prior to performing any work at each work site. The notification shall include all information needed to identify traffic impacts such as work location, anticipated work hours, traffic control plan type, required lane or shoulder closures, anticipated duration of the work, etc. The contractor shall designate a contact person who is available for the duration of the work to resolve any traffic impact issues resulting from the contractorâs operations. The engineer will make appropriate notification to the public, MoDOT customer service, and MoDOT work crews of the contractor's operations. The contractor shall notify the engineer as soon as practical any postponement due to weather, material, or other circumstances and shall notify the engineer when the work has been rescheduled. 2.2 In order to ensure minimal traffic interference, the contractor shall schedule lane closures for the absolute minimum amount of time required to complete the work. Lanes shall not be closed until material is available for continuous construction and the contractor is prepared to diligently pursue the work until the closed lane is reopened to traffic. 2.3 Traffic shall be maintained through the work zone using the existing pavement. Provisions shall be made to allow the movement of emergency vehicles through the limits of construction at all times. During non-working hours the contractor shall have all lanes of traffic open for all routes, ramps, and sideroads. All channelizers and other traffic control devices shall be removed from the roadway during non-working hours unless otherwise approved by the engineer. 2.4 The contractor shall be responsible for maintaining the existing traffic flow through the job site during construction. If disruption of the traffic flow occurs and traffic is backed up in queues of 15 minute delays or longer, then the contractor shall review the construction operations which contributed directly to disruption of the traffic flow and make adjustments to the operations to prevent queues from occurring again. 2.5 No direct payment will be made to the contractor to recover the cost of the communication equipment, labor, materials or time required to fulfill the above provisions.
Job No. JXXXXXXX Route XXX Various Counties 14 3.0 Work Hour Restrictions. 3.1 During non-working hours the contractor shall have all lanes of traffic open for all routes, ramps, and side roads. Working hours for weekends and holidays shall be determined by the engineer. 3.2 Due to the wide variance in traffic volumes throughout the contract area, it is not possible to give specific work hours for the term of the contract. Each Job Order will specify work hours or work hour restrictions based on the repair location, this may include peak hour restrictions. The following table provides general guidance as to the most restrictive schedule for when work on or adjacent to the roadway may be allowed. Traffic Control Plan Type Work Hours (Monday thru Friday) Single Lane Closure 7:30 p.m. to 4:30 a.m. Double Lane Closure 9:30 p.m. to 4:30 a.m. Triple Lane Closure 10:00 p.m. to 4:30 a.m. Interior Lane Closure 9:30 p.m. to 4:30 a.m. Ramp Closure Hours and days as approved by the engineer One Lane Two Way Operation Hours and days as approved by the engineer with Flagger Specific work hours for an individual work location shall be according to the mutually agreed upon schedule in the Job Order. All work shall be scheduled to avoid major sporting events, conventions, concerts, etc. 4.0 Ramp Closure. Ramp closures shall be minimized and shall be approved by the engineer a minimum of five days prior to the closure. Only one ramp closure will be permitted in a particular interchange or complex at one time. Work on acceleration / deceleration lanes will not require ramp closure unless approved by the engineer. Detour traffic handling details will be as specified by the engineer. Major ramp closures may require detour signing with other ramp closures only requiring use of changeable message signs (CMS) for detours. If the engineer determines detour signing is required, all necessary detour trailblazing placards will be furnished, installed, and covered by others. The contractor shall furnish all CMS required by the engineer. The contractor shall be responsible for uncovering and covering the trailblazing placards as work progresses. 5.0 Changeable Message Signs. The contractor shall provide changeable message signs notifying motorists of future traffic disruption and possible traffic slow down one week before traffic is shifted to a detour. The changeable message sign installation shall be placed at a location as approved or directed by the engineer. 6.0 Basis of Payment. All items necessary to complete the traffic control will be paid for at the fixed unit price multiplied by the Normal, Nighttime or Weekend Adjustment Factor, as mutually agreed upon in the Job Order.
Job No. JXXXXXXX Route XXX Various Counties 15 V. TRAFFIC CONTROL PLAN TYPES 1.0 Description. The following traffic control plan types shall be used for the job orders issued for this contract. 2.0 Plan Types. 2.1 Single Lane Closure. A single lane closure shall be performed by furnishing, installing, and removing the following set of traffic control devices. 2 each Road Work Ahead 2 each Reduced Speed Ahead 2 each Speed Limit XX MPH 4 each Work Zone (Plaque) 2 each Right (Left) Lane Closed Ahead 2 each Right (Left) Lane Closed 2 each Speed Limit XX (Normal Speed) 12 each Flag Assembly 14 each Directional Indicator Barricade 30 each Channelizer (Trim Line) 2 each Flashing Arrow Panel (One Truck Mount for TMA) 1 each Truck Mounted Attenuator 1 each Changeable Message Sign (Contractor Furnished / Retained) 2.2 Double Lane Closure. The contractor shall obtain approval from the engineer prior to any double lane closure. A double lane closure shall be performed by furnishing, installing, and removing the following set of traffic control devices. 2 each Raod Work Ahead 2 each Reduced Speed Ahead 4 each Speed Limit XX MPH 6 each Work Zone (Plaque) 2 each Right (Left) Lane Closed Ahead 2 each Right (Left) Two Lanes Closed Ahead 4 each Right (Left) Lane Closed 2 each Speed Limit XX (Normal Speed) 18 each Flag Assembly 28 each Directional Indicator Barricade 100 each Channelizer (Trim Line) 3 each Flashing Arrow Panel (One Truck Mount for TMA) 1 each Truck Mounted Attenuator 1 each Changeable Message Sign (Contractor Furnished / Retained) 2.3 Interior Lane Closure. The contractor shall obtain approval from the engineer prior to any interior lane closure. An interior lane closure shall be performed by furnishing, installing, and removing the following set of traffic control devices. 2 each Road Work Ahead 2 each Reduced Speed Ahead 2 each Speed Limit XX MPH 4 each Work Zone (Plaque)
Job No. JXXXXXXX Route XXX Various Counties 16 2 each Left (Right) Lane Closed Ahead 2 each Left (Right) Lane Closed 2 each Speed Limit XX (Normal Speed) 12 each Flag Assembly 14 each Directional Indicator Barricade 100 each Channelizer (Trim Line) 3 each Flashing Arrow Panel (One Truck Mount for TMA) 1 each Truck Mounted Attenuator 1 each Changeable Message Sign (Contractor Furnished / Retained) 2.4 Triple Lane Closure. The contractor shall obtain approval from the engineer prior to any triple lane closure. A triple lane closure shall be performed by furnishing, installing, and removing the following set of traffic control devices. 2 each Road Work Ahead 2 each Reduced Speed Ahead 6 each Speed Limit XX MPH 8 each Work Zone (Plaque) 4 each Right (Left) Lane Closed Ahead 2 each Right (Left) 3 Lanes Closed Ahead 6 each Right (Left) Lane Closed 2 each Speed Limit XX (Normal Speed) 24 each Flag Assembly 42 each Directional Indicator Barricade 70 each Channelizer (Trim Line) 4 each Flashing Arrow Panel (One Truck Mount for TMA) 1 each Truck Mounted Attenuator 1 each Changeable Message Sign (Contractor Furnished / Retained) 2.5 Ramp Closure. The contractor shall obtain approval from the engineer a minimum of five days prior to any ramp closure. A ramp closure shall be performed by furnishing, installing, and removing the following set of traffic control devices. Uncovering and covering any detour trailblazing placards furnished and installed by others is included in the work. 2 each Road Work Ahead 2 each Speed Limit XX MPH 4 each Work Zone (Plaque) 2 each Ramp Closed Ahead 2 each Detour Ahead 1 each Road Closed 2 each Speed Limit XX (Normal Speed) 10 each Flag Assembly 14 each Directional Indicator Barricade 40 each Channelizer (Trim Line) 2 each Flashing Arrow Panel (One Truck Mount for TMA) 1 each Truck Mounted Attenuator 2 each Changeable Message Sign (Contractor Furnished / Retained) 3 each Type III Movable Barricade 2.6 One-Lane Two-Way Operation with Flaggers. A minimum of two flaggers will be required to direct traffic. Additional flaggers may be required when working at intersecting
Job No. JXXXXXXX Route XXX Various Counties 17 streets or ramps as directed by the engineer. No direct payment will be made for flaggers. âOne-Lane Two-Way Operation with Flaggersâ, shall include furnishing, installing, and removing the following set of traffic control devices as shown on the plans: 2 each Road Work Ahead 2 each One Lane Road Ahead 2 each Be Prepared To Stop 2 each Flagger (Symbol) 3.0 Additional Traffic Control Devices. The engineer may determine that signs, channelizers, and Type III Movable Barricades in addition to those devices shown in the plans are necessary to safely accommodate traffic. These additional devices may be needed for merging ramp traffic, detours, multiple bridges, or other special cases to supplement the specified lane closure devices. The contract provides a fixed cost for any additional traffic control items. 4.0 Flaggers. Flaggers may be required when working at intersecting streets or ramps as directed by the engineer. No direct payment will be made for flaggers. 5.0 Method of Measurement and Basis of Payment. 5.1 Measurement of lane closures will be made per Job Order. Payment will be made for a maximum of one (1) of each lane closure type at a specific work site per job order. Payment will not be made for any lane closure that does not result in productive repair work as determined by the engineer. Additional lane closures may be installed by the contractor at his expense. The accepted quantity of each lane closure will be paid for at the fixed unit price for: Item 616-99.02 Single Lane Closure Each Item 616-99.02 Double Lane Closure Each Item 616-99.02 Interior Lane Closure Each Item 616-99.02 Triple Lane Closure Each Item 616-99.02 Ramp Closure Each Item 616-99.02 One-Lane Two-Way Operation with Flaggers Each multiplied by the Normal, Nighttime or Weekend Adjustment Factor, as mutually agreed upon in the Job Order. 5.2 Measurement of additional traffic control devices will be made per Job Order. Payment for the devices shall include furnishing, installing, and removing the additional devices at a specific work site. No payment will be made for additional devices used by the contractor without prior approval of the engineer. The accepted quantity of additional traffic control devices will be paid for in accordance with the fixed unit price list, multiplied by the Normal, Nighttime or Weekend Adjustment Factor, as mutually agreed upon in the Job Order. W. PAVEMENT MARKING Delete Sec 620.2.5 and substitute the following:
Job No. JXXXXXXX Route XXX Various Counties 18 620.2.5 Pavement Marking for Milling and Resurfacing Operations. The contractor will not be responsible for placing and maintaining pavement marking on pavement undergoing milling or resurfacing operations unless mutually agreed upon in the Job Order. X. DELAY PROVISIONS 1.0 If the contractor is delayed in the commencement, prosecution or completion of the work by any act of the Commission, or by any cause beyond the contractorâs control, then the contractor will be entitled to an extension of time. If the contractor is delayed or prevented from working on a particular date as a result of a delay, error or omission of the Commission, and the contractor incurs unavoidable labor costs as a direct result thereof because the contractor did not have enough time to cancel or divert its labor force, then the contractor will be reimbursed for such costs. For each worker so paid, the contractor will be reimbursed the amount paid the worker. Also, the contractor will be reimbursed for construction tasks required as a direct result of such delay, error or omission, such as closing off areas of work. No other costs shall be paid as a result of a delay or late cancellation. 1.1 If the contractor fails to provide 48-hour notification prior to start of accelerated work or 5- days notification for all other Job Orders this provision will not apply. Y. ELIMINATED MATERIALS 1.0 Materials required by the Detailed Scope of Work and not incorporated into the work due to changes caused by field conditions or revisions to the design by the Commission after the material was ordered or purchased will be reimbursed at the material portion of the Pre-priced Task, or if there is no Pre-priced Task, then its material cost minus salvage value, or the material cost plus delivery costs. Z. SAMPLE JOB ORDERS 1.0 The following are example Job Orders intended to be illustrations that may be used as a guide for formulating the bid of the Adjustment Factor. For each example Job Order, the appropriate items that would be used and the quantities are computed based upon the sample work that would be completed in the Job Order. The contractor shall be reminded these are Job Order samples and the quantity totals in actual Job Orders, if issued, may be more or less than that depicted below or be totally different from the samples illustrated. Asphalt and coldmilling unit bid item numbers will vary depending on the quantity range for each Job order sample. 1.1 Job Order Sample 1: Repair Area = 12â X 150â, Coldmill and Resurface - 8â Thick, Nighttime Repair.
Job No. JXXXXXXX Route XXX Various Counties 19 Item Description Fixed Unit Price Quantity Price SP125C (PG70-22) Per Ton (15-100 Tons) (4-9 feet wide) $111.00 87.6 Tons $9,723.60 Tack Coat $3.40 10 Gal $34.00 Mobilization â Coldmilling & Resurfacing (15-1000 tons) $5,000.00 1 Each $5,000.00 Milling Per SY (Greater than 6 In. Thick) $7.20 200 SY $1,440.00 Subtotal: $16,197.60 Nighttime Work Factor 1.200 TOTAL: $19,437.12 1.2 Job Order Sample 2: Repair Area = 2 - 24â X 600â (1200â total), Coldmill and Resurface â 2â to 1.75â Thick. Each end of a bridge to repair bridge approaches. Item Description Fixed Unit Price Quantity Price SP125C (PG64-22) Per Ton (100.1-500 Tons) (Over 9 feet wide) $69.00 425.6 Tons $29,366.40 Tack Coat $3.40 160 Gal $544.00 Mobilization â Coldmilling & Resurfacing (15-1000 tons) $5,000.00 1 Each $5,000.00 Milling Per SY (2 In. or less Thick) $2.10 3200 SY $6,720.00 Subtotal: $41,630.40 Normal Work Factor 1.150 TOTAL: $47,874.96 1.3 Job Order Sample 3: Repair Area = 8 - 10â X 250â, Shoulder Coldmill and Resurface - 3â Thick. 8 repairs on the outside shoulder in a 2 mile segment of roadway. Item Description Fixed Unit Price Quantity Price SHLD MIX Per Ton (100.1-500 Tons) (2-4 feet wide) $86.00 373.3 Tons $32,103.80 Tack Coat $3.40 180 Gal $612.00 Mobilization â Coldmilling & Resurfacing (15-1000 tons) $5,000.00 1 Each $5,000.00 Milling Per SY (2 In. to 4 In. Thick) $2.40 2222 SY $5,332.80 Subtotal: $43,048.80 Normal Work Factor 1.150 TOTAL: $49,505.89 1.4 Job Order Sample 4: Repair Area = 24â X 1320â, Coldmill and Resurface - 5.75â Thick, Nighttime and Accelerated Repair.
Job No. JXXXXXXX Route XXX Various Counties 20 Item Description Fixed Unit Price Quantity Price SP125C (PG70-22) Per Ton (Over 1000 Tons) (Over 9 feet wide) $65.00 1107.6 Tons $71,994.00 SP190C (70-22) Per Ton (over 1000 tons) (Over 9 feet wide) $63.00 770.5 Tons $48,541.50 Tack Coat $3.40 180 Gal $612.00 Mobilization â Coldmilling & Resurfacing (Over 1000 tons) $3,500.00 1 Each $3,500.00 Milling Per SY (4 In. to 6 In. Thick) $2.70 3520 SY $9,504.00 Subtotal: $134,151.50 Nighttime Work Factor 1.200 Subtotal: $160,981.80 Accelerated Repair $3,000.00 1 Ea $3,000.00 TOTAL: $163,981.80 1.5 Job Order Sample 5: Repair Area = 24â X 1 mile, Resurfacing Only â 1.75â Thick, Weekend Repair. Item Description Fixed Unit Price Quantity Price SP125C (PG64-22) Per Ton (Over 1000 Tons) (Over 9 feet wide) $58.50 1348.4 Tons $78,881.40 Tack Coat $3.40 710 Gal $2,414.00 Mobilization â Resurfacing Only (Over 1000 tons) $2,750.00 1 Each $2,750.00 Subtotal: $84,045.40 Weekend Work Factor 1.250 TOTAL: $105,056.75 AA. EMERGENCY PROVISIONS AND INCIDENT MANAGEMENT 1.0 The contractor shall have communication equipment on the construction site or immediate access to other communication systems to request assistance from the police or other emergency agencies for incident management. In case of traffic accidents or the need for police to direct or restore traffic flow through the job site, the contractor shall notify police or other emergency agencies immediately as needed. The engineer shall also be notified when the contractor requests emergency assistance. 2.0 In addition to the 911 emergency telephone number for ambulance, fire or police services, the following agencies may also be notified for accident or emergency situation within the project limits.
Job No. JXXXXXXX Route XXX Various Counties 21 Missouri Highway Patrol (314) 340-4000 MoDOT District KC Customer Service (24 hr) (816) 622-6500 MoDOT Incident Response (24 hr) (816) 241-2223 City of Kansas City Police (816) 234-5000 City of Kansas City Fire 816) 513-0911 Clay County Sheriff (816) 407-3750 Platte County Sheriff (816) 858-2424 Lafayette County Sheriff (660) 259-3622 Jackson County Sheriff (816) 524-4302 2.1 This list is not all inclusive. Notification of the need for wrecker or tow truck services will remain the responsibility of the appropriate police agency. 2.2 The contractor shall notify enforcement and emergency agencies before the start of construction to request their cooperation and to provide coordination of services when emergencies arise during the construction at the project site. When the contractor completes this notification with enforcement and emergency agencies, a report shall be furnished to the engineer on the status of incident management. 3.0 No direct payment will be made to the contractor to recover the cost of the communication equipment, labor, materials or time required to fulfill the above provisions. BB. UTILITIES 1.0 It is the inherent risk of the work under this contract that the contractor may encounter utilities above and/or below the ground or in the vicinity of any given job order which may interfere with their operations. The contractor expressly acknowledges and assumes this risk even though the nature and extent is unknown to both the contractor and the Commission at the time of bidding and award of the contract. The effect in cost or time of the presence of utilities above, below or in the vicinity of the contractorâs work under this contract shall not be compensable. 2.0 The contractor will be responsible and is required to call for utility locates prior to performing any excavation work within any project limits for a given job order. Calling for utility locates will not relieve the contractor of his liability for utility damages caused by excavating operations performed by the contractor and/or any of his subcontractors. The contractor shall be solely responsible for all costs, fines, and penalties associated with the repair of any damaged utility caused by the actions of the contractor and/or any subcontractor within the given job order limits. 2.1 It shall be noted by the contractor that MoDOT is a member of Missouri One Call (800 Dig Rite). Some work on this project may be in the vicinity of MoDOT utility facilities, which includes but is not limited to traffic signal cables, highway lighting circuits, ITS cables, cathodic protection cables, etc. Prior to beginning work, the contractor shall request locates from Missouri One Call. The contractor shall also complete the Notice of Intent to Perform Work form located at the Missouri Department of Transportation website: http://www.modot.mo.gov/asp/intentToWork.shtml
Job No. JXXXXXXX Route XXX Various Counties 22 The contractor shall submit the form over the web (preferred method) or by fax to the numbers on the printed form. The notice must be submitted a minimum of 2 and a maximum of 10 working days prior to excavation just as Missouri One Call requires. 3.0 Any representation of the presence of utilities on any bidding document provided or job order issued under this contract is disclaimed by the Commission. The contractor fully understands this disclaimer when determining the basis of their bid for this contract. The contractor agrees to hold the Commission harmless in the presents or absents of any utility within the limits of any job order resulting from this contract. CC. SUPPLEMENTAL REVISIONS (to be inserted by Central Office) DD. COLDMILLING AND ASPHALT RESURFACING REQUIREMENTS 1.0 Description. This work shall consist of all labor, equipment, and materials necessary to repair existing asphalt pavement by coldmilling and resurfacing or resurfacing only as specified in the Job Order or as approved by the engineer. 1.1 All work shall comply with Sections 403 and 622 except as herein modified. 2.0 Materials. All material shall be in accordance with Division 1000, Material Details. 3.0 Construction Requirements. 3.1 Coldmilling. Coldmilling will be performed at the locations described in the Job Order or approved by the engineer. The contractor shall only coldmill an area for repair that can be filled back with bituminous material by the end of each working day. All coldmilled material from the project will become the property of the contractor. All or part of the coldmilled material from the routes may be stockpiled on Commission property at locations designated by the engineer. Any material stockpiled on Commission property shall become the property of the Commission, unless other arrangements have been made with the engineer for temporary storage. 3.2 Asphalt Resurfacing. Shoulder mix and SP125 mixtures shall be placed in a maximum of 3â thick lifts unless otherwise approved by the engineer. SP190 mixtures shall be placed in a maximum of 5â thick lifts unless otherwise approved by the engineer. The engineer may require thinner lift placement if there is evidence of insufficient compaction. The bituminous material shall be from approved mixtures and have satisfactory performance history. QC/QA testing will not be required; the contractor will be responsible for their own QA. 3.2.1 Asphalt Mix Type. Typical mainline repair Job Orders of 2â or less thickness may use PG64-22, PG70-22, or PG76-22 mixtures. Mainline repair Job Orders for greater than 2â thickness will typically use only PG70-22 or PG76-22 mixtures. If a job order specifies a repair thickness greater than 3 ½â, the contractor may elect to place all lifts below the top 1 ¾â using a coarser mix than SP125. All mixtures shall be as designated in the Job Order unless otherwise approved by the engineer.
Job No. JXXXXXXX Route XXX Various Counties 23 3.2.2 Surface Mixtures. All SP125C mixes placed as a surface lift shall contain aggregate meeting the non-carbonate criteria in accordance with Sec 403.3.5. 3.2.3 Straightedging. As soon as practical, the engineer will straightedge all segments of the repaired paved surface specified in the job order. Any variations exceeding 1/8 inch in 10 feet will be marked. Areas more than 1/8 inch high shall be removed as approved by the engineer at the contractorâs expense. At transverse construction joints, the surface of all other layers shall not vary from the 10-foot straightedge by more than 1/8 inch. 3.2.4 Shoulder Resurfacing. The material used for any shoulder work may be commercial mix in accordance with Sec 401.5.3. 3.3 Additional or Reduced Work. If additional repair work is necessary beyond what is specified in the Job Order or the damage is not as extensive as originally viewed, the contractor shall contact the engineer for authorization to proceed with the additional or reduced work. The contractor shall note that with this authorization to proceed with additional or reduced work may change which unit bid item is used to calculate final payment depending on final repair quantities. Any work performed without authorization of the engineer shall be at the contractorâs expense. 4.0 Method of Measurement. Final measurement of the completed repair area will not be made except for authorized changes during construction, or where appreciable errors are found in the quantity specified in the Job Order. Any revision or correction will be computed and added to or deducted from the Job Order quantity. 5.0 Basis of Payment. The accepted quantity of coldmilling and asphalt resurfacing meeting the required specifications will be paid for at the fixed unit prices and items in the Job Order as mutually agreed upon by the engineer and contractor. No adjustments or pay factors shall be made or calculated for smoothness, density, TSR, and PWL/QLA. EE. DAMAGE TO EXISTING PAVEMENT 1.0 Description. This work shall consist of repairing any damage to existing pavement, ramps and/or shoulders caused by contractor operations. This shall include damage caused either directly or indirectly by contractor operations, including but not be limited to, damage caused by the traffic during contractor operations. 2.0 Construction Requirements. Any cracking, gouging, or other damage to the existing pavement, ramps and/or shoulders, side roads, or entrances from general construction shall be repaired within twenty four (24) hours of the time of damage at the contractorâs expense. Repair of the damaged pavement, shoulders, side roads, or entrances shall be as determined by the engineer. 3.0 Method of Measurement. No measurement of damaged pavement, ramps or shoulder areas as described above shall be made. 4.0 Basis of Payment. No payment will be made for repairs to existing pavement, ramps and/or shoulders damaged by contractor operations.
Job No. JXXXXXXX Route XXX Various Counties 24 FF. MOBILIZATION Delete Sec 618.2 and substitute the following: 618.2 Method of Measurement and Basis of Payment. Mobilization will be measured and paid for once on each Job Order regardless of the number of work days required to complete the work at a specific work location. If the engineer determines a Material Transfer Vehicle (MTV) is required for the work then an additional payment for MTV Mobilization will be paid for once on each Job Order regardless of the number of work days required to complete the work at a specific work location. A work location is defined in Section C, Scope of Work of these Job Special Provisions. Payment will be made for mobilization as follows: Item 618-99.02 Mobilization â Coldmilling and Resurfacing (15-1000 tons) Each Item 618-99.02 Mobilization â Coldmilling and Resurfacing (Over 1000 tons) Each Item 618-99.02 Mobilization â Resurfacing Only (15-1000 tons) Each Item 618-99.02 Mobilization â Resurfacing Only (Over 1000 tons) Each Item 618-99.02 Mobilization â Material Transfer Vehicle Each GG. PREVIOUS JOB ORDER INFORMATION 1.0 Previous Job Orders. Job order information, consisting of quantities and pay items that were issued for past contracts will be available from the Project Contact upon the bidderâs written request. This information does not constitute part of the bid or contract documents. It is provided for the bidderâs use during bid preparation, and shall not be considered a representation of actual job orders to be issued during construction for this contract. Furnishing this information does not relieve a bidder or contractor from the responsibility of estimating the number and types of job orders that will be issued for future contracts. The bidder or contractor shall assume the risk of error if the information is used for any purposes for which the information was not intended. The Commission makes no representation as to the accuracy or reliability of the information, since the information may not be representative of the sealed contract documents. Any assumptions the bidder or contractor may make from this information is at the bidder or contractor's risk; none are intended by the Missouri Highways and Transportation Commission. The bidder or contractor assumes the sole risk of liability or loss if the bidder or contractor does rely on this information to its detriment, delay or loss. HH. RAILROAD REQUIREMENTS 1.0 The right of way of various Railroads, herein called "Railroad", are located within the limits of this project. However, this project has been developed with the specific intention that no involvement with the Railroadâs facilities, traffic or right of way is required for the performance of the contractual work herein. The work to be performed over the Railroadâs right of way shall not interfere with the Railroadâs operations or facilities. Under these circumstances, the requirements of Sec 104.12.3, Sec 104.12.8 through 104.12.10.5 (inclusive), and Sec 107.13.4 shall not apply. 2.0 Should the contractor violate this condition of no railroad involvement, all terms and conditions of the interaction with the Railroad shall be solely between the Railroad and the contractor.
Job No. JXXXXXXX Route XXX Various Counties 25 II. SAFETY PLAN 1.0 Description. This contractor shall submit to the engineer a project Safety Plan (SP) for all work performed by the contractor and all subcontractors. The purpose of the SP is to encourage and enable all work to be performed in the safest possible manner and that all parties involved are aware of their individual responsibility for safety on the jobsite. 1.1 The SP shall be completed by the contractor and provided to the engineer prior to the beginning of any construction activity or phase on the project. 1.2 The contractor shall designate a person to serve as Project Safety Manager (PSM). The PSM shall be responsible for implementing and overseeing the SP. The PSM is not required to be present on the project at all times, but must be available to address safety issues and needs. 1.3 The PSM shall make revisions to the SP as necessary. Any new project activities or phases shall be included in the SP prior to work beginning on that activity or phase. 1.4 An example Safety Plan is available at: www.modot.org/safetyplan 2.0 Emergency Preparedness. The SP shall outline and detail for all workers, the specific procedures and actions necessary to respond to a jobsite emergency and the measures taken to communicate these requirements to all workers. 2.1 The SP shall include a list of local emergency contacts including phone numbers. A copy of the emergency contact list shall be accessible to workers. 2.2 In the case where there is no cellular or land line phone service at the jobsite, the SP shall identify how to reach the nearest available phone service. 3.0 Project Safety Analysis. The SP should contain a basic Project Safety Analysis (PSA) that outlines the actions necessary to complete each activity or phase of the project. The SP shall include a general description of the primary activities or steps required to safely complete the project. 3.1 Each activity should also include a general description of the work involved along with the known risks associated with the activity. In addition the PSA should outline the controls for those risks, including any Personal Protection Equipment (PPE) requirements for that activity or phase, and whether or not the activity or phase requires a specific safety meeting prior to beginning the activity or phase. 3.2 Submittal of the PSA for all activities or phases is not required with the initial submittal of the SP; however, the PSA for each activity or phase shall be completed prior to the beginning of that activity or phase. 4.0 Safety Meetings. The SP shall include the types of safety meetings that will be required of and conducted by the contractor. 5.0 Safety Training. The SP shall identify the required safety training provided to the contractorâs personnel. The contractor shall require that the appropriate safety training for the contractorâs personnel is completed prior to the beginning of work on each activity or phase.
Job No. JXXXXXXX Route XXX Various Counties 26 5.1 The SP shall identify the recommended safety training needs and PPE for MoDOT employees who will be exposed to the work activities. MoDOT will provide safety training and PPE to MoDOT employees based on MoDOT safety policies. 6.0 Payment. There will be no direct payment for compliance with this Safety Plan provision.
TABLE G.3. Example 3 - IDIQ Contract Language Georgia Department of Transportation
Georgia Department of Transportation Request for Qualified Contractors To Provide Emergency Inclement Weather Support For Georgia Department of Transportation Atlanta, Georgia RFQC 48400-130-0000000007
REQUEST FOR PROPOSALS Emergency Inclement Weather Support 48400-130-0000000007 Georgia Department of Transportation Atlanta, Georgia I. BACKGROUND AND PURPOSE The Georgia Department of Transportation (GDOT or Department) is seeking Contractors interested in providing assistance to GDOT during certain times of extreme inclement weather conditions. The Purpose of this Request for Qualified Contractors (RFQC) solicitation is to establish a list of qualified contractors to perform emergency inclement weather support throughout the state of Georgia. All Respondents to this RFQC are subject to instructions communicated in this document, and are cautioned to completely review the entire document and follow instructions carefully. GDOT reserves the right to modify existing provisions or include additional provisions, which are not addressed herein. GDOT reserves the right to reject any or all responses, and to waive technicalities and informalities at its discretion. All respondents to this RFQC are subject to instructions communicated in this document and the terms and conditions herein. IMPORTANT- A RESTRICTION OF COMMUNICATION IS IN EFFECT FOR THIS PROJECT. From the advertisement date of this solicitation until successful respondents are selected and the selection is announced, respondents are not allowed to communicate about this solicitation or scope with any staff of GDOT, including the Commissioner and Board Members, except for submission of questions as instructed in the RFQC, or as provided by any existing work agreement(s). For violation of this provision, GDOT reserves the right to reject the Submittal of the offending Respondent. II. SCOPE OF SERVICES Occasionally the State and its Highways are impacted by extreme, emergency weather events outside the Departmentâs usual level of preparedness. The intent of this solicitation is to provide opportunities for Contractors who have equipment and manpower available to assist with such extraordinary events to assist GDOT in clearing roadways during such weather conditions. GDOT expects to award multiple contracts for the services herein and reserves the right to utilize the services of all, some, or none of the qualified Contractors. In addition, award of a contract does NOT guarantee any minimum or maximum amount of actual business volume. GDOT will enter into an Indefinite Delivery, Indefinite Quantity (IDIQ) or Task Order contract with any Contractor that desires to provide said service and can demonstrate to the satisfaction of GDOT that they are capable of providing such service at the capacity desired. Initial qualified contractor determination notwithstanding, it is the intent of GDOT to solicit and enhance the qualified contractor pool beyond the response date provided as part of this RFQC posting. A. Work When weather circumstances warrant, including up to 48 hours in advance of an expected weather event, as determined by the Commissioner, the Contractor would make manpower forces and equipment available to the Department to assist in emergency snow and ice removal and other weather related maintenance activities. The Contractor shall make a good faith effort to perform services requested, on behalf of the Department, in a good and workmanlike manner. The Contractor shall comply with the laws of the
State of Georgia, and any other applicable laws, ordinances, rules, and regulations of any government entity pertaining to services under this Agreement. The Department shall direct and coordinate the Contractorâs activities as to specific activities and locations where services are to be provided and will make every reasonable effort to provide the Contractor 48 hours notice of intent to mobilize. In addition the Engineer will decide the areas or roads within the district, to which the Contractor(s) will be assigned. Efforts will be made to assign designated routes in advance. The Contractor will be required to prosecute the work in a continuous and uninterrupted manner from the time he begins the work until completion and final acceptance. The Contractor will not be permitted to suspend his operations except for reasons beyond his control or except where the Engineer has authorized a suspension of the Contractor's operations. B. Personnel At all times during the activated state the Contractor shall provide one permanent employee who shall have the authority and capability for overall responsibility of the project and who shall be personally available 24 hours a day while the work is in progress. Operators of all trucks shall be properly licensed as required by the State of Georgia. The Contractor shall provide enough operators, per piece of equipment provided under this agreement, to operate 24 hours per day during an emergency event. Operators are limited to a maximum 12-hour shift within a 24-hour period. At the execution of the contract for the services the Contractor shall identify a Project Manager who shall act as and be the Contractorâs representative between GDOT and the Contractor. If a replacement is required for the Contractor Project Manager, the Contractor shall communicate the needed to the Engineer. C. Equipment The Contractor shall make a good faith effort to furnish to the Department of Transportation the fully operated equipment needed during inclement weather to perform activities at such time, and at such locations as directed by the Engineer. The Contractor shall furnish equipment in good operating condition and operated by properly trained and qualified personnel. The personnel operating the equipment shall be employees of the Contractor and the Contractor shall be responsible for employees during the performance of the contract. The personnel shall be subject to the directions of the Department of Transportation. The Department of Transportation may refuse delivery or may return any equipment found to be defective and/or inadequately operated. All trucks provided by the Contractor which are used to perform the Work shall be equipped with warning lights similar to those used by the Department. Communication devices shall be available in each piece of equipment so the operators can communicate with the Contractorâs designated supervisor. All equipment shall also be equipped with reverse gear warning devices. The Contractor shall be responsible for the equipment provided in this contract at all times and at all locations during the term of the contract. The Contractor shall have no claim against the Department of Transportation for any expense involving damage or loss to the Contractorâs equipment (including vandalism, theft, fire and acts of God) arising out of, or relating to, work performed under this agreement. III. ADDITIONAL INFORMATION Training
The Department may provide training session(s) and dry run(s) to familiarize all local governments and Department personnel (both operators and supervisors) with snow removal and ice control methods, equipment, and assigned routes. Training session(s) and dry run(s) will be scheduled and completed as determined by the Engineer. The Department will invite the Contractor to send a representative and provide the Contractor with a minimum two (2) weeks notice of scheduled training sessions and dry runs. IV. NOTIFICATION OF INTEREST TO PARTICIPATE Any Contractor interested in providing the above mentioned services and would like to participate in this opportunity should contact the listed Contract Specialist, who will be handling this proposal via e- mail at: Thomas Hester, e-mail: thhester@dot.ga.gov Please reply in the following manner: In the subject please type â Notice of Interest â RFQC 48400-130-0000000007 Please make a general statement of your interest and include in the message your company name, address, primary contact information (name, phone & email) After GDOT receives your notice of interest you will receive the necessary forms to complete that will be submitted to GDOT for evaluation leading up to a contract for services. All respondents will be considered. V. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION It is the responsibility of each respondent to examine the entire proposal, seek clarification in writing, and review its submittals for accuracy before submitting. Once the submission has been received all information will be final. The Department will not request clarification from any single individual proposer regarding their submission, but reserves the right to ask, collectively, all parties that have submitted proposals for additional information. Questions about any aspect of the RFQC, or the service, shall be submitted in writing (via e-mail) to: Thomas Hester, Contract Specialist E-mail: thhester@dot.ga.gov All relevant and significant questions that have been submitted in writing will be compiled and answered in writing, and issued directly to all participating proposers via E-mail V. ADDITIONAL TERMS AND CONDITIONS A. Submittal Costs and Confidentiality All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The Department is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of the Department. Labeling information provided in submittals âproprietaryâ or âconfidentialâ, or any other designation of restricted use will not protect the information from public view. Subject to the provisions
of the Open Records Act, the details of the proposal documents will remain confidential until final award. B. Award Conditions This request is not a solicitation of bids. This request and any proposal submitted in response is not binding upon the Department and does not obligate the Department to procure or contract for any services. Neither the Department nor any party submitting a response will be bound unless and until a written contract mutually accepted by both parties is negotiated as to its terms and conditions and is signed by the Department and a party containing such terms and conditions as are negotiated between those parties. The Department then intends to conduct negotiations with party(s) to determine if an acceptable contract may be reached. The Department desires to have as many available resources as possible and as such considers this a continuous open procurement. The Department reserves the right to consider any additional contractors expressing interest beyond the closing date which meet all requirements/criteria contain herein for contract award. C. Small and Minority Business Enterprise It is the policy of the State of Georgia that small businesses, female-owned businesses and minority businesses have a fair and equal opportunity to participate in the State purchasing process. Therefore, the Department encourages all small businesses, female- owned businesses and minority-owned businesses to participate in contracts to provide services. D. Non-Discrimination The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d--42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. E. Statement of Agreement With submission of a response to this request, the Proposer agrees that he/she has carefully examined the RFQC, and the Proposer agrees that it is the Proposerâs responsibility to request clarification on any issues in any section of the RFQC with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the response will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications and requirements in the therein. With submission of a response, the Proposer hereby certifies: (a) that this response is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that Proposer has not directly or indirectly included or solicited any other Proposer to put in a false or insincere response; (c) that Proposer has not solicited or induced any person, firm, or corporation to refrain from sending a response. F. Right to Cancel or Change RFQC GDOT reserves the right to cancel any and all solicitations where it is determined to be in
the best interest of the Department to do so. GDOT reserves the right to increase, reduce, add or delete any item in this solicitation as deemed necessary. It is the responsibility of all firms interested in submitting a proposal for this advertisement to routinely check the posting on the Georgia Procurement Registry for any revisions to this solicitation.
TABLE G.4. Example 4 - IDIQ Contract Language Louisiana Department of Transportation
1 STATE OF LOUISIANA Department of Transportation and Development REQUEST FOR PROPOSALS FOR RFP Solicitation No. 3000002501 Retainer Contract for Debris Removal And Disposal Monitoring Resources District 02 March 7, 2014 Proposal Submission Deadline: Tuesday April 8, 2014 by 3:00 p.m. CST
2 TABLE OF CONTENTS SECTION TITLE SECTION PAGE(S) General Information 1.1 Purpose 1.2 Background 1.3 Scope of Services 1.4 Performance Goals and Measures 1.5 Monitoring Plan 1.6 Project Manager Section 1.0 4-5 Administrative Information 2.1 Term of Contract 2.2 Pre-proposal Conference 2.3 Proposer Inquires 2.4 Definitions 2.5 Schedule of Events Section 2.0 5-7 Proposal Information 3.1 Minimum Qualifications of Proposer 3.2 Determination of Responsibility 3.2.1 Right to Prohibit Award 3.3 RFP Addenda 3.4 Waiver of Administrative Informalities 3.5 Proposer Rejection/RFP Cancellation 3.6 Withdrawal of Proposal 3.7 Subcontracting Information 3.8 Ownership of Proposal 3.9 Proprietary Information 3.10 Cost of Preparing Proposals 3.11 Errors and Omissions in Proposal 3.12 Contract Award and Execution 3.13 Code of Ethics Section 3.0 7-10 Response Instructions 4.1 Proposal Submission 4.2 Proposal Format 4.3 Cover Letter 4.4 Technical and Cost Proposal 4.5 Certification Statement Section 4.0 10-11 Proposal Content 5.1 Executive Summary 5.2 Corporate Background and Experience 5.2.1 Veteran/Hudson Small Entrepreneurship Program Participation 5.3 Proposed Project Staff 5.4 Approach and Methodology 5.5 Cost Information Section 5.0 11-15 Evaluation and Selection 6.1 Evaluation Team 6.2 Administrative and Mandatory Screening 6.3 Clarification of Proposals 6.4 Oral Presentations/Discussions 6.5 Evaluation and Review 6.5.1 Hudson/Veteran Initiative Evaluation Points 6.6 Announcement of Contractor Section 6.0 15-17 Successful Contractor Requirements 7.1 Vendor Registration 7.2 Corporation Requirements Section 7.0 17-21
3 7.3 Compensation 7.4 Billing and Payment 7.5 Errors and Omissions 7.6 Contract Terms & Conditions 7.7 Indemnification 7.8 Confidentiality Attachment I: Price Proposal (District 02) 22 Attachment II: Certification Statement 23 Attachment III: Experience and Training 24-25 Attachment IV: Minimum Classification Requirements 26 Attachment V: Specified Services 27-28 Attachment VI: Sample Haul Ticket 29 Attachment VII: Sample Contract 30-42
4 1.0 GENERAL INFORMATION 1.1 Purpose This Request for Proposals (RFP) is issued by the Louisiana Department of Transportation and Development (herein referred to as the DOTD) to Consulting Firms interested in assisting DOTD with the necessary staffing and equipment resources necessary to supplement DOTD resources in the monitoring of district-wide debris removal and disposal contracts as a result of nature or man-made disaster(s)/event(s). One Prime-Contractor (Contractor) shall be selected for the DOTD district governed by this contract. The Contractor may not subcontract the specified services without the written agreement of DOTD. 1.2 Background The 2005 hurricane season (storms Katrina and Rita) and the 2008 hurricane season (storms Gustav and Ike) impacted the State of Louisiana (State) with a magnitude of damage that will take years of recovery. In addition to this recovery process, the State must also be ready to manage any new disaster that may happen. Lessons learned from Katrina, Rita, Gustav and Ike prove that disaster planning and management are critical to protect the citizens and property of the State. The need for consulting services to help DOTD prepare for and respond to a disaster is critical. The State seeks to pre-arrange monitoring services that could step in and augment DOTD with inspection services for debris removal service. 1.3 Scope of Services The Contractor will provide the necessary staffing and equipment resources to supplement DOTD resources in the monitoring of district-wide debris removal and disposal contracts as a result of nature or man-made disaster(s)/event(s). On as needed basis, the Contractor will be given a Task Order to provide necessary staffing and equipment detailed in the Task Order to: ï· Assist and support the assigned DOTD Project Manager/Project Engineer(s) in the inspection and monitoring of district-wide Debris Removal and Disposal Contracts on federal aid qualifying and non-federal aid qualifying routes. ï· Provide an electronic database to process, store and query all data including photographs, field documents, haul truck certification, etc. The Contractor will have forty-eight (48) hours from notification date to mobilize resources to provide the services as stated in the Task Order. The Selected Contractor shall furnish qualified and trained personnel and equipment as specified in detail in Attachment III (Experience and Training) in order to accomplish the specified services in Attachment V (Specified Services).
5 1.4 Performance Goals and Measures Goals and Objectives: DOTD has many challenges related to Debris Removal and Disposal Monitoring. These challenges also afford DOTD with many opportunities to improve our services to the public through the utilization of improved practices by our selected Contractors. These improved practices shall include accurate completion of all required documentation which will result in increasing the retainage of Federal reimbursements. Another objective is to eliminate waste by decreasing the amount of unnecessary work by DOTD employees required to correct inaccurate documentation. The overall goal is to not only select a qualified monitoring Contractor but to select one that will provide the services that will allow DOTD to realize these objectives. Performance Measures: The performance of the contract will be measured by the DOTDâs Project Manager, authorized on behalf of the State, to evaluate the Contractorâs performance against the criteria contained in Attachment V (Specified Services) and a statistical sampling and analysis of electronic haul ticket data for accuracy and completeness as defined in Section 2.4 (Definitions). 1.5 Monitoring Plan Monitoring Plan: The DOTDâs Project Manager and/or designee will monitor the services provided by the Contractor and the expenditure of funds under this contract. The DOTDâs Project Manager and/or designee will be primarily responsible for the day-to-day contact with the Contractor and the day-to-day monitoring of the Contractorâs performance. 1.6 Project Manager A Project Manager has been named and that information will be provided to the Contractor. 2.0 ADMINISTRATIVE INFORMATION 2.1 Term of Contract The period of any contract resulting from this RFP is tentatively scheduled to begin on or about August 1, 2014, and continue through July 31, 2017. The DOTD has the right to contract for up to thirty-six (36) months upon appropriate approvals. DOTD reserves the right to cancel Contract per Termination provisions (Item 4: 4.1, 4.2, or 4.3) detailed in Attachment VII (Sample Contract).
6 2.2 Pre-proposal Conference NOT APPLICABLE FOR THIS SOLICITATION.) 2.3 Proposer Inquires Written questions regarding RFP requirements or Scope of Services must be submitted by Fax to 225-379-1857 or Email contractservices@la.gov addressed to the RFP Coordinator as listed below. Mr. Alan Dale, P.E. Consultant Contract Services Administrator 1201 Capitol Access Road, Room 405-T Baton Rouge, LA 70802-4438 or Post Office Box 94245 Baton Rouge, Louisiana 70804-9245 Telephone: (225) 379-1989 Fax: 225-379-1857 contractservices@la.gov This RFP is available in electronic form at http://webmail.dotd.state.la.us/AgreStat.nsf/WebView?OpenPage and http://wwwprd.doa.louisiana.gov/osp/lapac/pubmain.asp or in printed form by submitting a written request to the RFP Coordinator. The DOTD will consider written inquiries and requests for clarification of the content of this RFP received from potential proposers. Written inquiries must be received by 3:00 p.m. CST on the date specified in the Schedule of Events. DOTDâs email computer server clock will be considered the official time/date on email inquiries. The DOTD reserves the right to modify the RFP should a change be identified that is in the best interest of the DOTD. Any and all questions directed to the RFP Coordinator shall be deemed to require an official response. Official responses to each of the questions presented by the proposer shall be posted on the DOTD Consultant Contract Services http://webmail.dotd.state.la.us/agrestat.nsf/WebAddendums?OpenPage and LaPAC websites http://wwwprd.doa.louisiana.gov/osp/lapac/pubmain.asp as an Addendum to the RFP by the deadline shown in the Schedule of Events. Only the RFP Coordinator has the authority to officially respond to proposerâs questions on behalf of the DOTD. Any communications from any other individuals are not binding to the DOTD. 2.4 Definitions A. Mandatory Requirements â The terms âshallâ, âwillâ, and âmustâ denote mandatory requirements. B. Permissible Action â The terms âshouldâ, âcanâ and âmayâ denote an advisory or allowable action. C. Agency â Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive
7 branch of this state authorized to participate in any contract resulting from this solicitation. D. Contractor-the successful proposer who is awarded a contract. E. Proposer-an individual or organization submitting a proposal in response to an RFP. F. VHI - Veteran-Owned and Service-Connected Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation G. Discussions â For the purposes of this RFP, a formal, structured means of conducting written or oral communications with responsible proposers who submit proposals determined in writing to be reasonably susceptible of being selected for award. H. Accurate and Complete â For the purposes of this RFP, the term Accurate and Complete shall refer to the entering of information on haul tickets provided by the Debris Removal Contractor. All fields of the haul tickets shall be completed with the correct information in order to be considered as accurate and complete. See sample haul ticket Attachment VI. 2.5 Schedule of Events Event Date Advertise RFP and mail public announcements Friday, March 7, 2014 Deadline for receipt of Written inquiries March 14, 2014 3:00 p.m. CST Issue responses to Written inquiries March 21, 2014 Deadline for receipt of Proposals Tuesday, April 8, 2014 3:00 p.m. CST Oral Interview/Presentation (if applicable) April 16, 2014 (on or about) Announce Award of Contractor Selection April 24, 2014 (on or about) Contract Execution May15, 2014 (on or about) NOTE: DOTD reserves the right to amend and/or change this schedule of RFP events, as it deems necessary. 3.0 PROPOSAL INFORMATION 3.1 Minimum Qualifications of Proposer The proposers shall have, prior to the deadline for receipt of proposals, a minimum of: ï· The proposal must demonstrate that the proposer has maximum number of staff per classification as required in Attachment IV (Minimum Classification Requirements) which possesses the minimum training courses as shown in Attachment III (Experience and Training) to provide monitoring services for debris removal. The Proposer shall ensure that their proposals contain sufficient information for DOTD to make its determination by presenting acceptable evidence of the above to perform the services called for by the contract.
8 3.2 Determination of Responsibility Determination of the Proposerâs responsibility relating to this RFP shall be made according to the standards set forth in LAC 34: 136. DOTD must find that the Selected Proposer: ï· Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance; ï· Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them; ï· Is able to comply with the proposed or required time of delivery or performance schedule; ï· Has a satisfactory record of integrity, judgment, and performance; and ï· Is otherwise qualified and eligible to receive an award under applicable laws and regulations. Proposers should ensure that their proposals contain sufficient information for the DOTD to make its determination by presenting acceptable evidence of the above to perform the contracted services. 3.2.1 Right to Prohibit Award In accordance with the provisions of R.S. 39:2192, in awarding contracts after August 15, 2010, any public entity is authorized to reject a proposal or bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, professional, personal, consulting, and social services procurement under the provisions of Chapter 16 of Title 39, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title 39. 3.3 RFP Addenda DOTD reserves the right to change the schedule of events or revise any part of the RFP by issuing an addendum to the RFP at any time. Addenda, if any, will be posted on the DOTD Consultant Contract Services and LaPac websites: http://webmail.dotd.louisiana.gov/agrestat.nsf/WebAddendums?OpenPage http://wwwprd.doa.louisiana.gov/osp/lapac/pubmain.asp. It is the responsibility of the proposer to check the website for addenda to the RFP, if any. 3.4 Waiver of Administrative Informalities DOTD reserves the right, at its sole discretion, to waive minor administrative informalities contained in any proposal. 3.5 Proposal Rejection/RFP Cancellation Issuance of this RFP in no way constitutes a commitment by DOTD to award a contract. DOTD reserves the right to accept or reject, in whole or part, all proposals submitted and/or cancel this announcement if it is determined to be in DOTDâs best interest.
9 3.6 Withdrawal of Proposal A proposer may withdraw a proposal that has been submitted at any time up to the date and time the proposal is due. To accomplish this, a written request signed by the authorized representative of the proposer must be submitted to the RFP Coordinator. 3.7 Subcontracting Information The DOTD shall have a single prime contractor as the result of any contract negotiation, and that prime contractor shall be responsible for all deliverables specified in the RFP and proposal. This general requirement notwithstanding, proposers may enter into subcontractor (which includes Veteran-Owned and Service-Connected Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation) arrangements, however, should acknowledge in their proposals total responsibility for the entire contract. If the proposer intends to subcontract for portions of the work, the proposer should identify any subcontractor relationships and include specific designations of the tasks to be performed by the subcontractor. Information required of the proposer under the terms of this RFP is also required for each subcontractor. The prime contractor shall be the single point of contact for all subcontract work. Unless provided for in the contract with the DOTD, the prime contractor shall not contract with any other party for any of the services herein contracted without the express prior written approval of the DOTD. 3.8 Ownership of Proposal All materials submitted in response to this request become the property of DOTD. Selection or rejection of a proposal does not affect this right. 3.9 Proprietary Information Only information which is in the nature of legitimate trade secrets or non-published financial data may be deemed proprietary or confidential. Any material within a proposal identified as such must be clearly marked in the proposal and will be handled in accordance with the Louisiana Public Record Act, R.S. 44: 1-44 and applicable rules and regulations. Any proposal marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. 3.10 Cost of Preparing Proposals DOTD shall not be liable for any costs incurred by Proposers prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the proposer in responding to this RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by DOTD. 3.11 Errors and Omissions in Proposal DOTD shall not be liable for any errors in proposals. DOTD reserves the right to make corrections or amendments due to patently obvious errors in proposals by DOTD or the proposer. DOTD, at its option, has the right to request clarification or additional information from the proposers.
10 3.12 Contract Award and Execution DOTD reserves the right to enter into a Contract without further discussion of the proposal submitted based on the initial offer received. DOTD reserves the right to contract for all or a partial list of services offered in the proposal. The RFP and proposal of the selected proposer shall become part of any contract initiated by DOTD. The selected Proposer shall be expected to enter into a contract that is basically the same as the sample contract included in Attachment VII (Sample Contract). In no event shall a Proposer submit its own standard contract terms and conditions as a response to this RFP. The Proposer should submit with its proposal any exceptions or exact contract deviations that its firm wishes to negotiate. Negotiations may begin with the announcement of the selected Proposer. If the contract negotiation period exceeds ten business days or if the selected proposer fails to sign the final contract within ten business days of delivery of it, DOTD may elect to cancel the award and award the contract to the next-highest-ranked proposer. 3.13 Code of Ethics Proposers shall be responsible for determining that there will be no conflict or violation of the Ethics Code if their company is awarded the contract. The Louisiana Board of Ethics is the only entity which can officially rule on ethics issues. 4.0 RESPONSE INSTRUCTIONS 4.1 Proposal Submission Firms/individuals who are interested in providing services requested under this RFP must submit a proposal containing the information specified in this section. The proposal must be received in hard copy (printed) version by the RFP Coordinator on or before 3:00p.m. CST on the date specified in the Schedule of Events. FAX or e-mail submissions are not acceptable. Proposers mailing their proposals should allow sufficient mail delivery time to ensure receipt of their proposal by the time specified. The proposal package must be delivered at the proposer's expense to: Mr. Alan A. Dale, P.E. Consultant Contract Services Administrator 1201 Capitol Access Road, Room 405-T Baton Rouge, Louisiana 70802-4338 Telephone: (225) 379-1989 Fax: (225) 379-1857 It shall be solely the responsibility of each Proposer to assure that their proposal is delivered at the specified place and prior to the deadline for submission. Proposals, which for any reason not received timely, will not be considered. The proposal should be identified with RFP Solicitation No. 3000002501 and Project Name: Retainer Contract for Debris Removal and Disposal Monitoring Resources, DISTRICT 02 and shall be submitted prior to 3:00 p.m. CST on Tuesday, April 8, 2014.
11 The DOTD requests that six copies of the proposal be submitted to the RFP Coordinator at the address specified. At least one copy of the proposal shall contain original signatures of those company officials or agents duly authorized to sign proposals or contracts on behalf of the organization. A certified copy of a board resolution granting such authority should be submitted if proposer is a corporation. The copy of the proposal with original signatures will be retained for incorporation in any contract resulting from this RFP. Any proposer failing to submit any of the mandatory information requested in this RFP shall be considered non-responsive. Name(s) of the Proposer listed should match the name(s) filed with the Louisiana Secretary of State, Commercial Division, Corporations Section, if proposer is a corporation. 4.2 Proposal Format Proposers should respond to this RFP with a Technical Proposal (as specified in Section 5, Proposal Content) and Cost Proposal (as specified in Section 5.5, Cost Information). No pricing information should be included in the Technical Proposal. 4.3 Cover Letter A cover letter should be submitted on the Proposerâs official business letterhead explaining the intent of the Proposer. 4.4 Technical and Cost Proposal Proposals should be submitted as specified in Section 5, and should include enough information to satisfy evaluators that the Proposer has the appropriate experience and qualifications to perform the scope of services as described herein. Proposers should respond to all requested areas. 4.5 Certification Statement The proposer shall sign and submit the Certification Statement shown in Attachment II (Certification Statement). 5.0 PROPOSAL CONTENT 5.1 Executive Summary This section should serve to introduce the purpose and scope of the proposal. It should include administrative information including, at a minimum, response date, Proposer contact name, phone number, email address and the stipulation that the proposal is valid for a time period of one year from the date of submission. This section should include a summary of the Proposerâs qualifications and ability to meet the DOTDâs overall requirements. It should include a positive statement of compliance with the contract terms. If the Proposer cannot comply with any of the contract terms, an explanation of each exception should be supplied. The Proposer should address the specific language in Attachment VII Sample Contract and submit whatever exceptions or exact contract modifications that their firm may seek. While final wording shall be resolved during contract negotiations, the intent of the provisions shall not be substantially altered.
12 5.2 Corporate Background and Experience The purpose of this item is to provide information to evaluate the relevant experience, resources, and qualifications of the proposer. In this section the proposer should provide: a. An organizational chart displaying overall organizational structure. b. A record of prior successful experience in services similar to that sought through this RFP. Proposals should include the number and a concise description of projects and inclusive dates successfully completed. Proposals shall specify the extent of responsibility of key proposed project staff on these prior projects c. A customer references listing for related work completed in the last twenty-four (24) months. Each reference shall include the name and telephone number of a contact person. d. A Statement of the Proposerâs other business or contractual obligations and the involvement in any past or current litigation. e. A Statement that the firm is capable of providing the needed services over the thirty six (36) month project period. DOTD reserves the right to contact references to verify information in the proposal. Proposers should clearly describe their ability to meet or exceed the minimum qualifications in Section 3.1. 5.2.1 Veteran/Hudson Small Entrepreneurship Program Participation Veteran-Owned and Service-Connected Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation The State of Louisiana Veteran and Hudson Initiatives are designed to provide additional opportunities for Louisiana-based small entrepreneurships (sometimes referred to as LaVet's and SE's respectively) to participate in contracting and procurement with the state. A certified Veteran-Owned and Service-Connected Disabled Veteran-Owned small entrepreneurship (LaVet) and a Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) small entrepreneurship are businesses that have been certified by the Louisiana Department of Economic Development. All eligible vendors are encouraged to become certified. Qualification requirements and online certification are available at https://smallbiz.louisianaforward.com/index_2.asp. Ten percent (10%) of the total evaluation points on this RFP are reserved for proposers who are themselves a certified Veteran or Hudson Initiative small entrepreneurship or who will engage the participation of one or more certified Veteran or Hudson Initiatives small entrepreneurships as subcontractors. Reserved points shall be added to the applicable proposersâ evaluation score as follows: Proposer Status and Reserved Points ï· Proposer is a certified small entrepreneurship: Full amount of the reserved points ï· Proposer is not a certified small entrepreneurship but has engaged one or more certified small entrepreneurships to participate as subcontractors or distributors. Points will be allocated based on the following criteria:
13 -the number of certified small entrepreneurships to be utilized -the experience and qualifications of the certified small entrepreneurship(s) -the anticipated earnings to accrue to the certified small entrepreneurship(s) If a proposer is not a certified small entrepreneurship as described herein, but plans to use certified small entrepreneurship(s), proposer shall include in their proposal the names of their certified Veteran Initiative or Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and the dollar value of each subcontract. During the term of the contract and at expiration, the Contractor will also be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. The statutes (R.S 39:2171 et. seq.) concerning the Veteran Initiative may be viewed at http://legis.la.gov/lss/lss.asp?doc=671504; and the statutes (R.S 39:2001 et. seq.) concerning the Hudson Initiative may be viewed http:/legis.la.gov/lss/lss.asp?doc=96265. The rules for the Veteran Initiative (LAC 19:VII. Chapters 11 and 15) and for the Hudson Initiative (LAC 19:VIII Chapters 11 and 13) may be viewed at http://www.doa.louisiana.gov/osp/se/se.htm. A current list of certified Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurships may be obtained from the Louisiana Economic Development Certification System at https://smallbiz.louisianaforward.com/index_2.asp. Additionally, a list of Hudson and Veteran Initiative small entrepreneurships, which have been certified by the Louisiana Department of Economic Development and who have opted to register in the State of Louisiana LaGov Supplier Portal https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg may be accessed from the State of Louisiana Procurement and Contract (LaPAC) Network http://wwwprd.doa.louisiana.gov/osp/lapac/vendor/srchven.asp. When using this site, determine the search criteria (i.e. alphabetized list of all certified vendors, by commodities, etc.) and select SmallE, VSE, or DVSE. 5.3 Proposed Project Staff The Proposer should provide detailed information about the experience and qualifications of the Proposerâs assigned personnel considered key to the success of the project. This information should include education, training, technical experience, functional experience, specific dates and names of employers, relevant and related experience, past and present projects with dates and responsibilities and any applicable certifications. This should also specifically include the role and responsibilities of each person on this project, their planned level of effort, their anticipated duration of involvement, and their on-site availability. Customer references (name, title, company name, address and telephone number) should be provided for the cited projects in the individual resumes. Interested candidates should submit cover letter, resume, and list three professional references (with contact information for each) for key personnel. Note: If substitutions for training requirements are offered for any key personnel, the proposer shall:
14 ï· Include a copy of the formal training program that was developed or provided to the key personnel by the proposer, or ï· Submit a detailed certified work and training history including reference information indicating sufficient work experience and training. If a sub-Contractor will be used, the proposer should clearly identify any sub-Contractor arrangements, and provide similar information as requested for the Proposerâs staff. 5.4 Approach and Methodology The Proposer should provide: ï Proposer's understanding of the nature of the project and how its proposal will best meet the needs of the DOTD. ï Its functional approach in providing the services. ï Its functional approach in identifying the tasks necessary to meet requirements. ï A description of the approach to Project Management and Quality Assurance. ï A proposed Project Work Plan that reflects the approach and methodology, tasks and services to be performed, deliverables, timetables, and staffing. 5.5 Cost Information A. The proposer shall provide a billable rate (which includes, but not limited to straight time labor, overtime labor, per diem, general overhead, equipment, field overhead, any payroll additive expenses and profit) for all classifications proposed to perform the services described in Section 1.3. Mileage expenses do not have to be included in the billable hourly rates of the classification. DOTD will not reimburse Contractor employee for time spent on lunch or other breaks to which the worker(s) may be entitled under Contractors employee/employer relationship contract. B. Any mileage expense will be in accordance with the most current Stateâs Travel Regulations as detailed in the Louisiana Travel Guide. (Travel Guide/PPM 49). Mileage shall be defined as beginning at the first scheduled work site for the day and ending at the last work site for the day. Travel reimbursement shall be limited to 50 miles per staff member per day. Exception to this limitation may be applied to Terrebonne, Lafourche, Jefferson and Plaquemines Parishes due to relative distance factors involved. In these parishes the actual mileage may be allowed to exceed 50 miles however, will not be authorized to exceed the stateâs daily maximum reimbursable travel regulations. Additionally, this exception is contingent upon receipt of documentation of dates of work, employeesâ names, beginning and ending mileage per day and work location. Approval for this exception must be requested in writing and in advance and approved by the District Debris Manager and the State Debris Manager.â C. The proposer shall also provide a total cost summary for the all of the services described in Section 1.3. Attachment 1- Price Proposal must include a Grand Total for billable rates per classification. The Grand total Price will be the cost used for evaluation purposes described in 6.5.
15 D. The Proposer shall use Attachment I â Price Proposal as an example for submitting pricing information. 6.0 EVALUATION AND SELECTION 6.1 Evaluation Team The evaluation of proposals will be accomplished by an evaluation team, to be designated by the DOTD, which will determine the proposal most advantageous to the DOTD, taking into consideration price and the other evaluation factors set forth in the RFP. 6.2 Administrative and Mandatory Screening All proposals shall be reviewed to determine compliance with administrative and mandatory requirements as specified in the RFP. Proposals found not to be in compliance shall be rejected from further consideration. 6.3 Clarification of Proposals DOTD reserves the right to seek clarification of any proposal for the purpose of identifying and eliminating minor irregularities or informalities. 6.3 Oral Presentations/Discussions May be required The DOTD shall require all proposers reasonably susceptible of being selected for the award to provide an oral presentation of how it proposes to meet the agencyâs program objectives. Proposers who are reasonably susceptible of receiving an award will be notified by email with time, date and location for Oral Presentation/Discussion. Proposers must include their email address in their proposal. The purpose of this presentation is to give proposers an opportunity to explain Proposal Content as described in the proposerâs written response to Section 5.0 the RFP. Proposers may not offer additional products or alter their response to the RFP at this time. Each Proposer will be given forty (40) minutes for Oral Presentation and an additional 20 minutes to answer any questions. Criteria 6, Each proposers Oral Presentation shall be rated with 0 being the lowest score and the highest possible score 15 and added to the Proposerâs score for Criteria 1-5 to determine a total point score. 6.5 Evaluation and Review Proposals that pass the preliminary screening and mandatory requirements review will be evaluated based on information provided in the proposal. The evaluation will be conducted according to the following. Each proposal shall be rated for Criteria one through three, with 0 being the lowest score and the highest possible score as shown for each category. Criteria 4, Hudson/Veteran Small Entrepreneurship shall be rated as specified in 6.5.1 Veteran- Owned and Service-Connected Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation. Criteria 5, Price shall be rated as follows: The proposer with the lowest total price shall receive 25 points. Other proposers will receive points for price based upon the following formula:
16 Price Score = Lowest Proposed Total Price x 25 Proposerâs Total Price The Evaluation Team will evaluate and score the proposals using the criteria and scoring as follows: CRITERIA MAXIMUM SCORE 1) Experience on similar projects 20 2) Personnel experience as related to the project 20 3) Proposerâs understanding of the project (approach and methodology) 10 4) Hudson/Veteran Small Entrepreneurship Program 10 5) Price 25 6) Proposerâs Oral interview 15 TOTAL SCORE 100 All proposals shall be evaluated as indicated. The proposerâs ratings in each criteria shall be added to arrive at the proposerâs total score. The Project Evaluation Team shall compile the scores and make a recommendation to the DOTD Secretary based on highest score. The award of a contract is subject to the approval of the Division of Administration, Office of Contractual Review. 6.5.1. Veteran-Owned and Service-Connected Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation (Value of 10% of the total evaluation points) Note: This section should not be used if the funding source being utilized includes restrictions, (i.e. FEMA funds, HUD funds, etc.). Ten percent (10%) of the total evaluation points on this RFP are reserved for proposers who are themselves a certified Veteran or Hudson Initiative small entrepreneurship or who will engage the participation of one or more certified Veteran or Hudson Initiatives small entrepreneurships as subcontractors. Reserved points shall be added to the applicable proposersâ evaluation score as follows: Proposer Status and Reserved Points: ï· Proposer is a certified small entrepreneurship: Full amount of the reserved points
17 ï· Proposer is not a certified small entrepreneurship but has engaged one or more certified small entrepreneurships to participate as subcontractors or distributors. Points will be allocated based on the following criteria: -the number of certified small entrepreneurships to be utilized -the experience and qualifications of the certified small entrepreneurship(s) -the anticipated earnings to accrue to the certified small entrepreneurship(s) 6.6 Announcement of Contractor The DOTD will notify the successful Proposer and proceed to negotiate terms for final contract. Unsuccessful proposers will be notified in writing accordingly. The proposals received(except for that information appropriately designated as confidential in accordance with R.S. 44.1 et seq), selection memorandum along with list of criteria used along with the weight assigned each criteria; scores of each proposal considered along with overall scores of each proposal considered, and a narrative justifying selection shall be made available, upon request, to all interested parties after the Award has been posted to DOTD Consultant Contract Services website: http://webmail.dotd.louisiana.gov/agrestat.nsf/WebAwards?OpenPage Any Proposer aggrieved by the proposed award has the right to submit a protest in writing to the head of the agency issuing the proposal within 14 days after the award has been announced by the agency. The award of a contract is subject to the approval of the Division of Administration, Office of Contractual Review. 7.0 SUCCESSFUL CONTRACTOR REQUIREMENTS 7.1 Vendor Registration DOTD strongly encourages contractors to register on the LaPac website. http://wwwprd1.doa.louisiana.gov/OSP/LaPAC/pubMain.cfm Click On: LaGov Vendor Registration Registration Help Desk: (225) 342-6349 It is highly advisable to register a minimum of one if not more of the following product category codes 80101500 For Consulting/Professional Services 81112000 For any services that include Computer Elements 43231500 For Software License and Maintenance Agreements 81102200 For Engineering and Related Services
18 7.2 Corporation Requirements Prior to the award of the contract, if the Contractor is a corporation not incorporated under the laws of the State of Louisiana, the Contractor shall have obtained a certificate of authority pursuant to R. S. 12:301-302 from the Secretary of State of Louisiana. Prior to the award of the contract, if the Contractor is a for-profit corporation whose stock is not publicly traded, the Contractor shall ensure that a disclosure of ownership form has been properly filed with the Secretary of State of Louisiana. 7.3 Compensation Compensation to the Contractor for the services rendered for this project shall be made at billable rates and other detail costs specified in the Contractorâs proposal, payable in installments as specified in Sub-Section 7.4, Billing and Payment. 7.4 Billing and Payment Payments to the Contractor for services rendered for this Project shall be made monthly based on a certified and itemized invoice showing line item costs incurred. Any labor charges for approved services shall include the names of the employees, their classification, and the actual time worked, not to include time spent on lunch or other breaks. These shall be reimbursed at the approved billable rate for that classification established from the Contractorâs Proposal, unless payment adjustments are required as set forth below. These rates shall be used for the duration of the Contract. Payment shall reflect a fifteen percent retainage of the total sum of each invoice submitted. Retainage shall be held by DOTD until the satisfactory completion of the project. Upon completion of the work, a statistical sampling and analysis of the electronic haul tickets will be performed by DOTD, and payment adjustments will be calculated due to failure to submit accurate and complete haul tickets. The payment adjustment will be included in the release of retainage in accordance with the following schedule: % Accurate and Complete % of retainage to be released Greater than or equal to 98 % 100 % 97.9 % - 95 % 73 % 94.9 % - 92 % 53 % 91.9 % - 90 % 20 % Less than 90 % 0 % DOTD will not reimburse Contractor employee for time spent on lunch or other breaks to which the worker(s) may be entitled under Contractors employee/employer relationship contract. Such time shall be excluded from invoices. Travel shall be reimbursed according with the State Travel Regulations. DOTD will allow adjustments for travel and other detailed costs between Tasks. Mileage shall be defined as beginning at the first scheduled work site for the day and ending at the last work site for the day. Travel reimbursement shall be limited to 50 miles per staff member per day.
19 Exception to this limitation may be applied to Terrebonne, Lafourche, Jefferson and Plaquemines Parishes due to relative distance factors involved. In these parishes the actual mileage may be allowed to exceed 50 miles however, will not be authorized to exceed the stateâs daily maximum reimbursable travel regulations. Additionally, this exception is contingent upon receipt of documentation of dates of work, employeesâ names, beginning and ending mileage per day and work location. Approval for this exception must be requested in writing and in advance and approved by the Project Manager and the State Debris Manager.â A detail mileage log will be required for each vehicle. Log should be certified and signed by driver and supervisor. Any charges for approved services other than labor shall be detailed to include vendor name, cost, and description. Final payment for these costs will be adjusted after project completion, or at the request of the Project Manager, to reflect the actual costs experienced by the Contractor during the course of this contract as determined by DOTDâs Audit Section following the post audit of this contract. However, in no event shall such an adjustment allow the contract cost to exceed the maximum limitation imposed thereon. The allowable costs shall be in accordance with the cost principles and procedures set forth in 48 CFR 31 of the (FARS) as appropriate. The original and two copies of the invoice shall be submitted to the Project Manager. The invoice must be signed and dated by the Contractor. Upon receipt of each invoice, the DOTD shall pay the amount due for services satisfactorily performed (on the undisputed amounts) within 30 calendar days, in accordance with Louisiana R.S. 48: 251.5. 7.5 Errors and Omissions It is understood that all work required of the Contractor under Contract shall be accurate and complete and performed to the satisfaction and approval of the DOTD. The DOTDâs review, approval, acceptance of, or payment for the services required under this Contract shall not be construed to operate as a waiver of any of the DOTDâs rights or of any causes of action arising out of or in connection with the performance of this Contract. The Contractor shall be responsible for the accuracy and completeness of all services performed under this Contract. If errors or substandard work is revealed during normal work reviews, the work should be returned for correction, and payments withheld until delivery of an acceptable product. The Contractor shall, without additional compensation, correct or revise any deficiencies discovered subsequent to final acceptance by the DOTD. If the DOTD staff makes corrections due to oversight, errors or omissions by the Contractor, the Contractor shall be responsible for costs incurred by the DOTD to make the corrections, as well as any amounts denied by Federal agencies attributable to Contractors failed accuracies and/or errors and omissions. 7.6 Contract Terms & Conditions The proposer shall be required to enter into a Contract with DOTD that is basically the same as Attachment VII (Sample Contract). Any changes to those terms shall be negotiated if state law allows such negotiation.
20 7.7 Indemnification The Contractor shall indemnify, save harmless and defend DOTD against any and all claims, losses, liabilities, demands, suits, causes of action, damages, and judgments of sums of money growing out of, resulting from, or by reason of any act or omission of the Contractor, its agents, servants, independent contractors, or employees while engaged in, about, or in connection with the discharge or performance of the terms of this Agreement. Such indemnification shall include attorney's fees and court costs. Contractor shall provide and bear the expense of all personal and professional insurance related to its duties arising under this Agreement. Contractor shall indemnify, defend and hold DOTD and its Authorized Users harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs which may be finally assessed against DOTD in any action for infringement of a United States Letter Patent with respect to the Products furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that DOTD shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, DOTD or its Authorized Users may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: i) Authorized User's unauthorized modification or alteration of a Product; ii) Authorized User's use of the Product in combination with other products not furnished by Contractor; iii) Authorized User's use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as the Authorized User's exclusive remedy to take action in the following order of precedence: (i) to procure for DOTD the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to DOTD up to the dollar amount of the Contract. For all other claims against the Contractor where liability is not otherwise set forth in the Contract as being "without limitation", and regardless of the basis on which the claim is made, Contractor's liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges rendered by the Contractor under the Contract. Unless otherwise specifically enumerated herein or in the work order mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Contractor is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. DOTD and Authorized User may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may
21 proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. 7.8 Confidentiality All financial, statistical, personal, technical and other data and information relating to DOTDâs operation which are designated confidential by DOTD and made available to the Contractor in order to carry out this contract, or which become available to the Contractor in carrying out this contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to DOTD. The identification of all such confidential data and information as well as DOTDâs procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by DOTD in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractorâs data and information are deemed by DOTD to be adequate for the protection of DOTDâs confidential information, such methods and procedures may be used, with the written consent of DOTD, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of the paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Contractorâs possession, is independently developed by the Contractor outside the scope of the contract, or is rightfully obtained from third parties. Under no circumstance shall the Contractor to discuss and/or release information to the media concerning this project without prior express written approval of the DOTD.
22 ATTACHMENT I â PRICE PROPOSAL (DISTRICT 02) I/We propose to furnish all labor, materials, equipment, incidentals, etc. necessary to provide the scope of services as outlined in this RFP for the rates of: Classification Billable Hourly Rates Multiply times Extended total Contract Monitor/ Roadway 74% Contract Monitor/ Disposal Site 13% Contract Monitor Supervisor/Coordinator 9% Contract Monitor 3% Office Support Contract Monitor 1% Project Manager Grand Total NOTE: Total Cost Summary must include a Grand Total for billable rates per classification. The Grand total Price will be the cost used for evaluation purposes described in 6.5. NOTE: Mileage expenses do not have to be included in the billable hourly rates of the classification. Mileage expense will be in accordance with the most current Stateâs Travel Regulations as detailed in the Louisiana Travel Guide. (Travel Guide/PPM 49) found at: http://www.state.la.us/osp/travel/travelOffice.htm. Mileage shall be defined as beginning at the first scheduled work site for the day and ending at the last work site for the day. Travel reimbursement shall be limited to 50 miles per staff member per day. Exception to this limitation may be applied to Terrebonne, Lafourche, Jefferson and Plaquemines Parishes due to relative distance factors involved. In these parishes the actual mileage may be allowed to exceed 50 miles however, will not be authorized to exceed the stateâs daily maximum reimbursable travel regulations. Additionally, this exception is contingent upon receipt of documentation of dates of work, employeesâ names, beginning and ending mileage per day and work location. Approval for this exception must be requested in writing and in advance and approved by the District Debris Manager and the State Debris Manager.â Name of Firm: ______________________________________________________ Address of Firm: ______________________________________________________ Telephone Number: ______________________________________________________ Signature: ______________________________________________________ Name and Title: __________________________________Date:_________________
23 ATTACHMENT II CERTIFICATION STATEMENT The undersigned hereby acknowledges she/he has read and understands all requirements and specifications of the Request for Proposals (RFP), including attachments. OFFICIAL CONTACT. DOTD requests that the proposer designate one person to receive all documents and the method in which the documents are best delivered. The Proposer should identify the Contact name and fill in the information below: (Print Clearly): Date: ______________________ Official Contact Name: ______________________________________ A. E-mail Address: (required) _____________________________________________ B. Facsimile Number with area code: (_____) ______________________ C. US Mail Address: ____________________________________________ D. Telephone Number: ___________________________________________ Proposer certifies that the above information is true and grants permission to DOTD or Agencies to contact the above named person or otherwise verify the information I have provided. By its submission of this proposal and authorized signature below, Proposer certifies that: 1. The information contained in its response to this RFP is accurate; 2. Proposer complies with each of the mandatory requirements listed in the RFP and will meet or exceed the functional and technical requirements specified therein; 3. Proposer accepts the procedures, evaluation criteria, mandatory contract terms and conditions, and all other administrative requirements set forth in this RFP. 4. Proposer's quote is valid for at least One Year from the date of proposal's signature below; 5. Proposer understands that if selected as the successful Proposer, he/she will have ten (10) business days from the date of delivery of final contract in which to complete contract negotiations, if any, and execute the final contract document. 6. Proposer certifies, by signing and submitting a proposal for $25,000 or more, that their company, any subcontractors, or principals are not suspended or debarred by the General Services Administration (GSA) in accordance with the requirements in OMB Circular A-133. (A list of parties who have been suspended or debarred can be viewed via the internet at https://www.sam.gov .) 7. If subcontractors are proposed to be used, the proposer acknowledges total responsibility for the entire contract. Authorized Signature: ________________________________________________ Typed or Printed Name: ________________________________________________ Title: ___________________________________________________________________________ Company Name: __________________________________________________________________ Address: _________________________________________________________________________ City: ____________________________________ State: _________ Zip: ________________ __________________________________________________/___________________ SIGNATURE of Proposerâs Authorized Representative DATE
24 ATTACHMENT III Experience and Training The Contractor shall provide persons experienced and trained in construction inspection activities and/or debris removal monitoring. Note: If substitutions for training requirements are offered for any key personnel, the proposer shall: ï· Include a copy of the formal training program that was developed or provided to the key personnel by the proposer, or ï· Submit a detailed certified work and training history including reference information indicating sufficient work experience and training. The Contract Monitor â Roadway shall possess the following *Minimum Training Courses: DOTD Mathematics for Construction Personnel Volume 1 ATSSA Flagger Course Work Zone Safety and Awareness Introduction to Hazardous Materials The Contract Monitor â Disposal Site shall possess the following *Minimum Training Courses: DOTD Mathematics for Construction Personnel Volume 1 and 2 ATSSA Flagger Course Work Zone Safety and Awareness Introduction to Hazardous Materials DOTD Construction Contract Administration The Contract Monitor â Supervisory/Coordinator shall possess the following Minimum Training Courses: DOTD Mathematics for Construction Personnel Volume 1 and 2 ATSSA Work Zone Supervisor Certification Work Zone Safety and Awareness Introduction to Hazardous Materials Introduction to Site Manager⢠DOTD Construction Contract Administration FHWA ER Program Training FEMA Operations Training GOHSEP Program Training EMI Debris Management Course First Aid CPR
25 The Contract Monitor â Office Support shall possess the following Minimum Training Courses: Introduction to Site Manager⢠DOTD Mathematics for Construction Personnel Volume 1 and 2 DOTD Construction Contract Administration Introduction to Outlook Introduction to Microsoft Excel Intermediate Microsoft Excel Advanced Microsoft Excel * - The minimum training requirements for Contract Monitor â Roadway and Contract Monitor â Disposal Site may be substituted by one of the following: - Formal training developed and/or provided by the Contractor. The formal training program shall be submitted to the Project Manager/Project Engineer in writing for review and approval within 15 days of execution of Contract. - On an individual basis, the Contractor may submit to the Project Manager/Project Engineer a detailed, certified work and training history including reference information indicating sufficient work experience and training. The Project Manager/Project Engineer will review and approve contract monitor based on the verifiable information provided. All Contract Project Managers provided by the Contractor shall possess knowledge of the following DOTD documents and procedures: Debris Management Plan Debris Management Standard Operations Procedures Retainer Debris Removal and Disposal Contract(s) Contract Administration Manual Maps with FA/NFA/Control Section Information Maintenance Traffic Control Manual FEMA Debris Management Guide La DOTD Debris Management Plan All Contract personnel provided by the Contractor shall possess knowledge of the following: Manual on Uniform Traffic Control Devices FHWA ER Manual and Guidelines FEMA Public Assistance Manual and Guidelines GOHSEP âRed Bookâ FEMA âGreen Bookâ LDEQ Debris Management Plan The Project Manager/Project Engineer reserves the right to reject any person(s) who do not possess the minimum skills, knowledge, and ability to perform the work to his/her satisfaction. The Project Manager/Project Engineer reserves the right to dismiss any person(s) for disorderly conduct, failure to follow directions, or for unsatisfactory work.
26 ATTACHMENT IV Minimum Classification Requirements DISTRICT 02 NOTE: ï· DOTD will only pay for one monitor per debris pick-up site per day and one monitor per disposal site per day. ï· DOTD will only pay for a maximum of one Supervisor/Coordinator per Parish and a maximum of one Project Manager per Contract. Classification Maximum Number to be Provided Minimum Number of Years of Construction Contract Inspection, Monitoring, or Administration Experience Required DOTD Certification(s) Contract Monitor - Roadway District 02- 55 2 None Contract Monitor â Disposal Site District 02 - 10 5 None Contract Monitor â Supervisor/Coordinator District 02 â 7 10 None Contract Monitor â Office Support District 02 â 2 5 None Contract Monitor Project Manager District 02 â 1 5 None
27 ATTACHMENT V Specified Services The Contractor provided personnel will be assigned to a DOTD Project Manager or designee. The Contractor provided personnel will accept work directions, guidance, and instructions from the DOTD Project Engineer or his assigned DOTD representative. The DOTD Project Manager or designee will determine work starting time, work hours, pre-approved overtime, work assignments, and project assignments. The Contractor provided personnel shall conduct his work within these instructions and directions using the most cost effective methods. The Contractor provided personnel shall not be engaged in any other work assignments during the working times assigned by the DOTD Project Manager or designee. The Contractor provided personnel shall timely and neatly complete all documentation assigned by the DOTD Project Manager or designee. Additionally, at the beginning of the next work day, the Contractor provided personnel shall provide a daily status report of the previous dayâs work to the DOTD Project Manager or designee detailing all working hours, work tasks and accomplishments, and resource utilization. All work will be performed in accordance with the DOTDâs Standards and Procedures. Some of the various tasks to be performed by the Contractor provided personnel under this contract are described more specifically as follows: 1. Writing haul tickets for debris removal. Maintain all field records; make daily entries in the project diary to indicate the Contractorâs personnel and Contractorâs personnel present on the job site, the contractorâs personnel and equipment being utilized on the project, the work being accepted, the acceptability of traffic control, and the charging of contract time. 2. Estimating and documenting debris quantities. Determining debris eligibility, types and acceptable disposal methods. Guidance on debris eligibility, types and disposal methods can be found in these publications. ï· FEMA Debris Management Guide ï· La DOTD Debris Management Plan 3. Measuring and computing haul truck volumes. 4. Inspect the contractorâs operations (daily) to ensure that all work is performed in accordance with the specified plans, specifications, and reimbursement program requirements. 5. Keep clear and concise records of the contractual operations, prepare daily, weekly, monthly quantity summaries and breakdowns as well as daily progress reports in conformance with DOTD requirements. Each Contractor provided personnel shall be equipped with a reliable and dependable vehicle for use each day in the contract monitoring activities. The Contractor provided personnel shall be equipped with a cell phone and be available for DOTD business calls at all times while working for DOTD. The Contractor provided personnel
28 shall provide other contact information as necessary to ensure adequate and timely means of communication. The Contractor provided inspectors shall be familiar with the area of work and will be able to easily and quickly navigate to and from multiple work locations, DOTD facilities, Contractorsâ facilities, etc. The Contractor provided personnel shall be equipped with all necessary Personal Protective Equipment (PPE) needed for the working conditions as required by the DOTD Safety Manual and as approved by DOTD Safety Section. At a minimum, the Contractor provided personnel shall provide: hard hat, reflectorized safety vest, hearing protection, safety glasses. The Contractor provided personnel will need to provide the following as needed: rubber boots, rain suit, insect repellant, gloves, climbing harness with lanyard, and life vest. As a minimum, the Contractor provided personnel shall be equipped with the following equipment: GPS unit, digital camera, calculator(s), measuring tape(s), clipboards, writing and drawing instruments, and travel maps. The Contractor provided Office Support and Supervisor/Coordinator shall be equipped with a laptop computer with Microsoft Office Suite, wireless capabilities, and remote internet access. Contractor shall provide photographs that include date and GPS coordinates. Contractor shall provide personnel with a DOTD Identification Badge and two magnetic vehicle decals. The badge shall be worn at all times during working hours and decals shall be displayed on the Contractor provided vehicle at all times while working on DOTD projects. The Contractor provided personnel will be responsible for obtaining all DOTD forms, manuals, documents, and procedures which are available on the Departmentâs Internet site. DOTD will provide copies or make available all necessary manuals, documents, forms and procedures not available on its Internet site. DOTD may provide office space and field office space as available. The Contractor will provide their personnel with all necessary food, water, fuel, restroom facilities and lodging facilities needed to provide these services. The Contractor shall provide daily reports from each monitor. The Contractor shall provide a daily Summary Report.
29 ATTACHMENT VI SAMPLE HAUL TICKET CONTRACT INFORMATION Project No./Name Contractor: TRUCKING INFORMATION Truck No.: Certified Capacity: CY Subcontractor: Driver LOADING INFORMATION Date: Begin/End Time: Route/Control Section: District/Parish: Pass: Federal Aid Road: To & From Load Location/Address Begin Lat. Begin Long. End Lat. End Long. Load Monitor Signature: _____________________________________________________ Print Name and ID No.: _____________________________________________________ DEBRIS INFORMATION Vegetative C & D/Non-Burnable Other ___________________________ White Goods/Appliances Stump Diameter _________________ Earthen DISPOSAL INFORMATION Date/Time: Dumpsite Name & Location: Load Est (%) x Max Capacity = CY Site Monitor Signature: ____________________________________________________ Print Name and ID No: ____________________________________________________ Comments: Original: DOTD Green: Monitor Yellow: Contractor Pink: Driver Gold: DOTD
30 ATTACHMENT VII: SAMPLE CONTRACT CONSULTING SERVICES CONTRACT STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT RETAINER CONTRACT FOR DEBRIS REMOVAL AND DISPOSAL MONITORING RESOURCES DISTRICT 02 PLEASE NOTE: Prior to execution of any contract resulting from RFP, Contractor must be registered as a vendor at: Registration Link: http://wwwprd1.doa.louisiana.gov/OSP/LaPAC/pubMain.cfm Click On: LaGov Vendor Registration Registration Help Desk: (225) 342-6349 It is highly advisable to register a minimum of one if not more of the following product category codes 80101500 For Consulting/Professional Services 81112000 For any services that include Computer Elements 43231500 For Software License and Maintenance Agreements 81102200 For Engineering and Related Services On this day of , 20xx, the State of Louisiana through the Louisiana Department of Transportation & Development, hereinafter sometimes referred to as âDOTDâ, and [Contractorâs name and legal address], hereinafter sometimes referred to as âContractorâ, do hereby enter into a Contract under the following terms and conditions. 1 SCOPE OF SERVICES 1.1 CONCISE DESCRIPTION OF SERVICES The Contractor will provide the necessary staffing and equipment resources to supplement DOTD resources in the monitoring of district-wide debris removal and disposal contracts as a result of nature or man-made disaster(s)/event(s). On as needed basis, the Contractor will be given a Task Order to provide necessary staffing and equipment detailed in the Task Order to: ï· Assist and support the assigned DOTD Project Manager/Project Engineer(s) in the inspection and monitoring of district-wide Debris Removal and Disposal Contracts on federal aid qualifying and non-federal aid qualifying routes. ï· Provide an electronic database to process, store and query all data including photographs, field documents, haul truck certification, etc. The Contractor will have forty-eight (48) hours from notification date to mobilize resources to provide the services as stated in the Task Order.
31 The Selected Contractor shall furnish qualified and trained personnel and equipment as specified in detail in Attachment III (Experience and Training) in order to accomplish the specified services in Attachment V (Specified Services). 1.1.1 GOALS AND OBJECTIVES DOTD has many challenges related to Debris Removal and Disposal Monitoring. These challenges also afford DOTD with many opportunities to improve our services to the public through the utilization of improved practices by our selected Contractors. These improved practices shall include accurate completion of all required documentation which will result in increasing the retainage of Federal reimbursements. Another objective is to eliminate waste by decreasing the amount of unnecessary work by DOTD employees required to correct inaccurate documentation. The overall goal is to not only select a qualified monitoring Contractor but to select one that will provide the services that will allow DOTD to realize these objectives. 1.1.2 PERFORMANCE MEASURES The performance of the contract will be measured by the State Project Manager, authorized on behalf of the State, to evaluate the Contractorâs performance against the criteria contained in Attachment III of the RFP and a statistical sampling and analysis of electronic haul ticket data for accuracy and completeness as defined in Section 2.4 (Definitions) of the RFP. 1.1.3 MONITORING PLAN The DOTDâs Project Manager and/or designee will monitor the services provided by the contractor and the expenditure of funds under this contract. [Name and Title or Position] will be primarily responsible for the day-to-day contact with the contractor and day-to-day monitoring of the contractorâs performance. 1.1.4 HUDSON/VETERAN REPORTING REQUIREMENTS Veteran-Owned and Service-Connected Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Reporting Requirements During the term of the contract and at expiration, the Contractor will be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. 1.1.5 SUBSTITUTION OF KEY PERSONNEL The Contractorâs key personnel assigned to this Contract shall not be removed, replaced, or substituted without the written consent of the DOTD. Consent shall not be unreasonably withheld or delayed provided an equally qualified replacement is offered. In the event that any Contractor personnel become unavailable due to resignation, illness, or other factors outside of the Contractorâs control, excluding assignment to a project outside of the Contract, the Contractor shall be responsible for providing an equally qualified replacement to avoid delays in completing tasks.
32 Any such replacement of key personnel must be approved by DOTD. 2 ADMINISTRATIVE REQUIREMENTS 2.1 TERM OF CONTRACT This Contract shall begin on ___________, 20__ and shall terminate on _________, 20__, unless modified by a fully executed amendment agreement. Notwithstanding the foregoing, in no event shall this Contract be valid until it has been approved, in writing, by the Director of the Office of Contractual review of the Division of Administration. Such approval authorizes a Contract term for not more than 36 months. 2.2 DOTD FURNISHED RESOURCES Mr. /Ms. __________will serve as DOTD Project Manager for this Contract. The DOTD Project Manager shall provide oversight of the activities conducted hereunder. Notwithstanding the Contractorâs responsibility for management during the performance of this Contract, the assigned DOTD Project Manager shall be the principal point of contact on behalf of the DOTD and will be the principal point of contact for Contractor concerning Contractorâs performance under this Contract. 2.3 TAXES Contractor hereby agrees that the responsibility for payment of taxes from the funds thus received under this Contract and/or legislative appropriation shall be Contractor's obligation and identified under Federal tax identification number ___________. 3 COMPENSATION, MAXIMUM AMOUNT OF CONTRACT, & PAYMENT TERMS 3.1 COMPENSATION In consideration of the services described above, DOTD hereby agrees to pay the Contractor compensation based on the following billable rates for the actual work performed. Classification Billable Hourly Rates Contract Monitor/ Roadway Contract Monitor/ Disposal Site Contract Monitor Supervisor/Coordinator Contract Monitor Office Support Contract Monitor Project Manager Travel shall be reimbursed according with the State Travel Regulations. DOTD will allow adjustments for travel and other detailed costs between Tasks. Mileage shall be defined as
33 beginning at the first scheduled work site for the day and ending at the last work site for the day. Travel reimbursement shall be limited to 50 miles per staff member per day. Exception to this limitation may be applied to Terrebonne, Lafourche, Jefferson and Plaquemines Parishes due to relative distance factors involved. In these parishes the actual mileage may be allowed to exceed 50 miles however, will not be authorized to exceed the stateâs daily maximum reimbursable travel regulations. Additionally, this exception is contingent upon receipt of documentation of dates of work, employeesâ names, beginning and ending mileage per day and work location. Approval for this exception must be requested in writing and in advance and approved by the Project Manager and the State Debris Manager.â A detail mileage log will be required for each vehicle. Log should be certified and signed by driver and supervisor. The maximum number of hours worked by any individual under this contract shall not exceed 84 hours per week. NOTE: All travel related expenses will be compensated under direct expenses and will be in accordance with Louisiana Office of State Travel regulations (PPM No. 49) found at: http://www.state.la.us/osp/travel/travelOffice.htm. 3.2 PAYMENT TERMS Payments to the Contractor for services rendered for this Project shall be made monthly based on a certified and itemized invoice showing line item costs incurred. Any labor charges for approved services shall include the names of the employees, their classification, and the actual time worked, not to include time spent on lunch or other breaks. These shall be reimbursed at the approved billable rate for that classification established from the Contractorâs Proposal, unless payment adjustments are required as set forth below. These rates shall be used for the duration of the Contract. Payment shall reflect a fifteen percent retainage of the total sum of each invoice submitted. Retainage shall be held by DOTD until the satisfactory completion of the project. Upon completion of the work, a statistical sampling and analysis of the electronic haul tickets will be performed by DOTD, and payment adjustments will be calculated due to failure to submit accurate and complete haul tickets. The payment adjustment will be included in the release of retainage in accordance with the following schedule: % Accurate and Complete % of retainage to be released Greater than or equal to 98 % 100 % 97.9 % - 95 % 73 % 94.9 % - 92 % 53 % 91.9 % - 90 % 20 % Less than 90 % 0 %
34 DOTD will not reimburse Contractor employee for time spent on lunch or other breaks to which the worker(s) may be entitled under Contractors employee/employer relationship contract. Such time shall be excluded from invoices. Travel shall be reimbursed according with the State Travel Regulations. DOTD will allow adjustments for travel and other detailed costs between Tasks. Mileage shall be defined as beginning at the first scheduled work site for the day and ending at the last work site for the day. Travel reimbursement shall be limited to 50 miles per staff member per day. Exception to this limitation may be applied to Terrebonne, Lafourche, Jefferson and Plaquemines Parishes due to relative distance factors involved. In these parishes the actual mileage may be allowed to exceed 50 miles however, will not be authorized to exceed the stateâs daily maximum reimbursable travel regulations. Additionally, this exception is contingent upon receipt of documentation of dates of work, employeesâ names, beginning and ending mileage per day and work location. Approval for this exception must be requested in writing and in advance and approved by the District Debris Manager and the State Debris Manager. A detail mileage log will be required for each vehicle. Log should be certified and signed by driver and supervisor. Any charges for approved services other than labor shall be detailed to include vendor name, cost, and description. Final payment for these costs will be adjusted after project completion, or at the request of the Project Manager, to reflect the actual costs experienced by the Contractor during the course of this contract as determined by DOTDâs Audit Section following the post audit of this contract. However, in no event shall such an adjustment allow the contract cost to exceed the maximum limitation imposed thereon. The allowable costs shall be in accordance with the cost principles and procedures set forth in 48 CFR 31 of the (FARS) as appropriate. The original and two copies of the invoice shall be submitted to the Project Manager. The invoice must be signed and dated by the Contractor. Upon receipt of each invoice, the DOTD shall pay the amount due for services satisfactorily performed (on the undisputed amounts) within 30 calendar days, in accordance with Louisiana R.S. 48: 251.5.â 3.3 ERRORS AND OMISSIONS It is understood that all work required of the Contractor under Contract shall be accurate and complete and performed to the satisfaction and approval of the DOTD. The DOTDâs review, approval, acceptance of, or payment for the services required under this Contract shall not be construed to operate as a waiver of any of the DOTDâs rights or of any causes of action arising out of or in connection with the performance of this Contract. The Contractor shall be responsible for the accuracy and completeness of all services performed under this Contract. If errors or substandard work is revealed during normal work reviews, the work should be returned for correction, and payments withheld until delivery of an acceptable product. The Contractor shall, without additional compensation, correct or revise any deficiencies discovered subsequent to final acceptance by the DOTD. If the DOTD staff makes
35 corrections due to oversight, errors or omissions by the Contractor, the Contractor shall be responsible for costs incurred by the DOTD to make the corrections, as well as any amounts denied by Federal agencies attributable to Contractors failed accuracies and/or errors and omissions. 4 TERMINATION 4.1 TERMINATION FOR CAUSE DOTD may terminate this Contract for cause based upon the failure of Contractor to comply with the terms and/or conditions of the Contract; provided that the DOTD shall give the Contractor written notice specifying the Contractorâs failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the DOTD may, at its option, place the Contractor in default and the Contract shall terminate on the date specified in such notice. Failure to perform within the time agreed upon in the contract may constitute default and may cause cancellation of the contract. Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the DOTD to comply with the terms and conditions of this contract provided that the Contractor shall give the DOTD written notice specifying the DOTD agencyâs failure and a reasonable opportunity for the state to cure the defect. 4.2 TERMINATION FOR CONVENIENCE DOTD may terminate the Contract at any time without penalty by giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an effective date. Contractor shall be entitled to payment for deliverables in progress; to the extent work has been performed satisfactorily. 4.3 TERMINATION FOR NON-APPROPRIATION OF FUNDS The continuation of this contract is contingent upon the appropriation of funds by the legislature to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act of Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds have not been appropriated. 5 INDEMNIFICATION & LIMITATION OF LIABILITY The Contractor shall indemnify, save harmless and defend DOTD against any and all claims, losses, liabilities, demands, suits, causes of action, damages, and judgments of sums of money growing out of, resulting from, or by reason of any act or omission of the Contractor, its agents,
36 servants, independent contractors, or employees while engaged in, about, or in connection with the discharge or performance of the terms of this Agreement. Such indemnification shall include attorney's fees and court costs. Contractor shall provide and bear the expense of all personal and professional insurance related to its duties arising under this Agreement. Contractor shall indemnify, defend and hold DOTD and its Authorized Users harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs which may be finally assessed against DOTD in any action for infringement of a United States Letter Patent with respect to the Products furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that DOTD shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, DOTD or its Authorized Users may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: i) Authorized User's unauthorized modification or alteration of a Product; ii) Authorized User's use of the Product in combination with other products not furnished by Contractor; iii) Authorized User's use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as the Authorized User's exclusive remedy to take action in the following order of precedence: (i) to procure for DOTD the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to DOTD up to the dollar amount of the Contract. For all other claims against the Contractor where liability is not otherwise set forth in the Contract as being "without limitation", and regardless of the basis on which the claim is made, Contractor's liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges rendered by the Contractor under the Contract. Unless otherwise specifically enumerated herein or in the work order mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Contractor is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. DOTD and Authorized User may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them.
37 6 CONTRACT CONTROVERSIES Any claim or controversy arising out of the contract shall be resolved by the provisions of Louisiana Revised Statutes 39:1524-26. 7 FUND USE Contractor agrees not to use Contract proceeds to urge any elector to vote for or against any candidate or proposition on an election ballot nor shall such funds be used to lobby for or against any proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. This provision shall not prevent the normal dissemination of factual information relative to a proposition on any election ballot or a proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. 8 OWNERSHIP All records, reports, documents and other material delivered or transmitted to Contractor by DOTD shall remain the property of DOTD, and shall be returned by Contractor to DOTD, at Contractor's expense, at termination or expiration of this contract. All records, reports, documents, or other material related to this contract and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of DOTD, and shall, upon request, be returned by Contractor to DOTD, at Contractor's expense, at termination or expiration of this contract. 9 NON-ASSIGNABILITY No Contractor shall assign any interest in this Contract by assignment, transfer, or novation, without prior written consent of the DOTD. This provision shall not be construed to prohibit the Contractor from assigning to a bank, trust company, or other financial institution any money due or to become due from approved Contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the DOTD. 10 RIGHT TO AUDIT The DOTD Auditor, State Legislative auditor, federal auditors and internal auditors of the Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the Contract for a period of three (3) years from the date of the last payment made under this Contract. Records shall be made available during normal working hours for this purpose. 11 CONTRACT MODIFICATION No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the Contract is binding on any of the parties. 12 CONFIDENTIALITY OF DATA All financial, statistical, personal, technical and other data and information relating to the
38 DOTDâs operation which are designated confidential by the DOTD and made available to the Contractor in order to carry out this Contract, or which become available to the Contractor in carrying out this Contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the DOTD. The identification of all such confidential data and information as well as the DOTDâs procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the DOTD in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractorâs data and information are deemed by the DOTD to be adequate for the protection of the DOTDâs confidential information, such methods and procedures may be used, with the written consent of the DOTD, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of the paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractorâs possession, is independently developed by the Contractor outside the scope of the Contract, or is rightfully obtained from third parties. 13 COST RECORDS The Contractor and its sub-Contractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred relative to this project. Costs shall be accordance with 48 CFR 31 of the (FARS), as modified by DOTD audit guidelines, and which are incorporated herein by reference as if copied in extensor. The FARS is available for inspection through www.transportation.org. Records shall be retained until such as an audit is made by DOTD or the Contractor is released in writing by the DOTD Audit Director, at which time the Contractor may dispose of such records. The Contractor shall, however, retain such records for a minimum of five years from the date of payment of the last estimate under this Contract or the release of all retainage for this Contract, whichever occurs later, for inspection by DOTD and/or Legislative Auditor and the FHWA or General Accounting (GAO) under State and Federal Regulations effective as of the date of this Contract. 14 SUBCONTRACTORS The Contractor may, with prior written permission from the DOTD, enter into subcontracts with third parties for the performance of any part of the Contractors duties and obligations. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the DOTD for any breach in the performance of the Contractorâs duties. The Contractor will be the single point of contact for all subcontractor work. 15 COMPLIANCE WITH CIVIL RIGHTS LAWS The Contractor agrees to abide by the requirements of the following as applicable: Titles VI and VII of the Civil Rights Act of 1964, as amended; the Equal Employment Opportunity Act of 1972, as amended; Federal Executive Order 11246, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Vietnam Era Veteranâs Readjustment Assistance Act of 1974, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990, as amended; and Title II of the Genetic Information Nondiscrimination Act of 2008.
39 The Contractor agrees not to discriminate in its employment practices, and shall render services under this Contract without regard to race, color, age religion, sex, national origin, veteran status, genetic information, political affiliation or disabilities. Any act of discrimination committed by the Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement. 16 INSURANCE Insurance shall be placed with insurers with an A.M. Bestâs rating of no less than A-VI. This rating requirement shall be waived for Workerâs Compensation coverage only. Contractorâs Insurance: The Contractor shall not commence work under this Contract until he has obtained all insurance required herein. Certificates of Insurance, fully executed by officers of the Insurance Company written or countersigned by an authorized Louisiana state agency, shall be filed with the State of Louisiana for approval. The Contractor shall not allow any Sub- Contractor to commence work on his subcontract until all similar insurance required for the Sub- Contractor has been obtained and approved. If so requested, the Contractor shall also submit copies of insurance policies for inspection and approval of the State of Louisiana before work is commenced. Said policies shall not hereafter be canceled, permitted to expire, or be changed without thirty (30) days notice in advance to the State of Louisiana and consented to by the State of Louisiana in writing and the policies shall so provide. Compensation Insurance: Before any work is commenced, the Contractor shall maintain during the life of the Contract, Workersâ Compensation Insurance for all of the Contractorâs employees employed at the site of the project. In case any work is sublet, the Contractor shall require the Sub-Contractor similarly to provide Workersâ Compensation Insurance for all the latterâs employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in work under the Contract at the site of the project is not protected under the Workersâ Compensation Statute, the Contractor shall provide for any such employees, and shall further provide or cause any and all Sub-Contractors to provide Employerâs Liability Insurance for the protection of such employees not protected by the Workersâ Compensation Statute. Commercial General Liability Insurance: The Contractor shall maintain during the life of the Contract such Commercial General Liability Insurance which shall protect him, the DOTD, and any Sub-Contractor during the performance of work covered by the Contract from claims or damages for personal injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract, whether such operations be by himself or by a Sub-Contractor, or by anyone directly or indirectly employed by either or them, or in such a manner as to impose liability to the DOTD. Such insurance shall name the DOTD as additional insured for claims arising from or as the result of the operations of the Contactor or his Sub-Contractors. In the absence of specific regulations, the amount of coverage shall be as follows: Commercial General Liability Insurance, including bodily injury, property damage and contractual liability, with combined single limits of $1,000,000. Insurance Covering Special Hazards: Special hazards as determined by the DOTD shall be covered by rider or riders in the Commercial General Liability Insurance Policy or policies
40 herein elsewhere required to be furnished by the Contractor, or by separate policies of insurance in the amounts as defined in any Special Conditions of the Contract included therewith. Licensed and Non-Licensed Motor Vehicles: The Contractor shall maintain during the life of the Contract, Automobile Liability Insurance in an amount not less than combined single limits of $1,000,000 per occurrence for bodily injury/property damage. Such insurance shall cover the use of any non-licensed motor vehicles engaged in operations within the terms of the Contract on the site of the work to be performed there under, unless such coverage is included in insurance elsewhere specified. Sub-Contractorâs Insurance: The Contractor shall require that any and all Sub-Contractors, which are not protected under the Contractorâs own insurance policies, take and maintain insurance of the same nature and in the same amounts as required of the Contractor. 17 APPLICABLE LAW This Contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana. Venue of any action brought with regard to this Contract shall be in the Nineteenth Judicial District Court, parish of East Baton Rouge, State of Louisiana. 18 CODE OF ETHICS The Contractor acknowledges that Chapter 15 of Title 42 of the Louisiana Revised Statutes (R.S. 42:1101 et. seq., Code of Governmental Ethics) applies to the Contracting Party in the performance of services called for in this Contract. The Contractor agrees to immediately notify the DOTD if potential violations of the Code of Governmental Ethics arise at any time during the term of this Contract. 19 SEVERABILITY If any term, covenant, condition, or provision of this Contract or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Contract or the application of such term, covenant, condition or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, and provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 20 COMPLETE CONTRACT This is the complete Contract between the parties with respect to the subject matter and all prior discussions and negotiations are merged into this contract. This Contract is entered into with neither party relying on any statement or representation made by the other party not embodied in this Contract and there are no other agreements or understanding changing or modifying the terms. This Contract shall become effective upon final statutory approval. 21 ENTIRE AGREEMENT & ORDER OF PRECEDENCE This contract together with the RFP and addenda issued and Contractorâs proposal which are incorporated herein; shall, to the extent possible, be construed to give effect to all of its provisions; however, where provisions are in conflict, first priority shall be given to the
41 provisions of the contract, excluding the Request for Proposals, its amendments and the Proposal; second priority shall be given to the provisions of the Request for Proposals and its amendments; and third priority shall be given to the provisions of the Contractorâs Proposal.
42 IN WITNESS THEREOF, the parties have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written. WITNESSES: CONTRACTOR BY: Witness for First Party Witness for First Party Typed or Printed Name Federal Identification Number STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT BY: Witness for Second Party Secretary Witness for Second Party RECOMMENDED FOR APPROVAL: BY: Division Head
TABLE G.5. Example 5 - IDIQ Contract Language California Department of Transportation
If this Bid Package is downloaded via the Internet, you will need to submit your signed bid documents in a sealed envelope with the following information on the envelope as provided in the sample below: YOUR RETURN ADDRESS Agreement No. 06A1964 Bid Due Date: May 8, 2014 Postage Department of Transportation Division of Procurement and Contracts ATTN: Bid Unit 1727 30th Street, 4th Floor, MS 65 Sacramento, CA 95816-7006 BID SUBMITTAL DO NOT OPEN
STATE OF CALIFORNIA------- BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION ADMINISTRATION DIVISION OF PROCUREMENT AND CONTRACTS MS-67 1727 30th STREET SACRAMENTO, CA 95816-7006 PHONE (916) 227-0774 or 6000 FAX (916) 227-6155 TTY 711 INTERNET http://caltrans-opac.ca.gov Flex your power! Be energy efficient April 15, 2014 INVITATION FOR BID (IFB) IFB # 06A1964 Notice to Prospective Contractors You are invited to review and respond to this IFB #06A1964, entitled, Identify and Remove Underground Hazardous Material/Waste and Tanks. In submitting your bid, you shall comply with the instructions found herein. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences. Disadvantaged Business Enterprise (DBE) participation applies to this IFB. The Caltrans DBE overall goal is 12.5 percent (12.5%), of which the DBE (DBE) goal is not less than Twenty-one percent (21%). See Section D, Item 3, in this IFB for requirements. Note that all contracts entered into with Caltrans will include, by reference, General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at Internet site http://www.ols.dgs.ca.gov/Standard+Language. This contract requires Prevailing Wages. Refer to Attachment 11, Proposed form of Agreement for requirement details. The designated contact person for this IFB is: Adrienne Taylor Department of Transportation 916-227-6127 adrienne.taylor@dot.ca.gov Please note that no verbal information given will be binding upon Caltrans unless such information is issued in writing as an official addendum. *Technical questions regarding this solicitation will be addressed, in writing, and in accordance with the Questions and Answers portion of this IFB. See Section C Item 1, Time Schedule for more details. Sincerely, Adrienne Taylor Acquisition Analyst
Invitation For Bid IFB Number 06A1964 Page 1 of 1 Table of Contents SECTION PAGE A) Purpose and Description of Service 1 B) Geographic Regions 1 C) Bidder Minimum Qualifications 2 D) Format for Providing Bidder Requirement Information 2 E) Bid Requirements and Information 5 1. Time Schedule 5 2. Questions and Answers 6 3. Costs Included in Bid Rates 6 4. Employment of Undocumented Workers 6 5. State Prevailing Wages 6 6. Federal Prevailing Wages 7 7. Motor Carrier Permit 7 8. Contractor License 7 9. Subcontractor 8 10. Non-Collusion Affidavit for Public Works 8 11. Bonds 8 12. Insurance 8 13. Darfur Contracting Act 9 14. Bid Submittal 9 15. Evaluation and Selection 12 16. Award and Protest 12 17. Standard Conditions of Service 13 F) Special Programs 14 1. Disadvantaged Business Enterprise (DBE) Availability Advisory 14 Attachments 1. Bid Proposal, ADM 1412 2. Disadvantaged Business Enterprise (DBE) Program 3. Contractor Certification Clauses, CCC 307 4. Non-Collusion Affidavit for Public Works 5. Bid/Bidder Certification Sheet 6. Bidderâs Acknowledgement Of Prevailing Wage Requirements 7. Darfur Contracting Act 8. Documents required by Contractorâs Qualification Package 9. Subcontracting Provision List / ADM 1511 10. Required Attachment Check List 11. Sample Standard Agreement, STD 213: Exhibit A, Scope of Work Exhibit B, Budget Detail and Payment Provisions Exhibit C, General Terms and Conditions Exhibit D, Special Terms and Conditions Exhibit E, Additional Provisions
Invitation For Bid IFB Number 06A1964 Page 1 of 15 A) Purpose and Description of Services 1) The bidder agrees to provide the California Department of Transportation (Caltrans) with immediate hazardous material/waste, underground tank, container, and drum removal, discovered during Caltrans construction projects. 2) The bidder shall furnish all tools, materials and equipment necessary to provide emergency and routine removal of underground tanks and hazardous material discovered within the limits of the Caltrans highway right of way during highway project construction. 3) This multi-provider Agreement authorizes award of the contract up to six qualified bidders. Services shall be provided on an on-call and as-needed basis as requested by the Caltrans Contract Manager or his/her designee within the specified geographic regions (Section B). Refer to the Proposed Form of Agreement, Exhibit A, which is attached to this IFB as Attachment 11 for a more complete description of services. B) Geographic Regions District 5 includes the following counties: Monterey San Benito San Luis Obispo Santa Barbara Santa Cruz District 6 includes the following counties: Madera Fresno Tulare Kings Kern District 8 includes the following counties: Riverside San Bernardino District 9 includes the following counties: Mono Inyo District 10 includes the following counties: Amador San Joaquin Stanislaus Merced Mariposa
Invitation For Bid IFB Number 06A1964 Page 2 of 15 Tuolumne Calaveras Alpine C) Bid Minimum Qualifications 1. The bidder must possess a âClass Aâ General Engineering Contractor license and Hazardous Substances Removal and Remedial Actions Hazardous Certifications issued by the California Contractors State License Board (CSLB). 2 In addition, either the bidder or its subcontractors must hold the following additional licenses to meet the minimum requirements: a. Proper license to perform Traffic Control services for this Agreement with one of the following licenses either C31 â Construction Zone Traffic Control Contractor or C32 â Parking and Highway Improvement Contractor to perform traffic control services. b. C-57 (well Drilling) Contractorâs License c. Registered Asbestos Contractor per Section 6505.1 of the Labor Code d. Certified Asbestos Contractor per Section 7058.5 of the Business and Professions Code. e. Hazardous Waste Transporters Registered by DTSC per Title 22 Section 66263.11 f. Transport Vehicles Certification per Title 22 Section 66263.14 g. The bidder shall attach current copies of all licenses held by the firm or its employees plus those of its proposed subcontractors for hazardous waste removal work, underground tank, container or drum removals and sampling/investigative work. If the bidder or any subcontractor holds permits for treatment units in accordance with Title 22 Section 67450.1 et. Seq., these should also be included. h. The bidder shall identify the contract tasks to be performed by its forces, either by bid item or category of work. Note: Contractors who provide oversight or observation services for hazardous materials management over Caltransâ constructions projects in the geographic areas covered by this Agreement shall not bid on this Agreement. D) Format for Providing Bidder Requirement Information 1. Title Page Include a title page that references this IFB by number and provides the bidderâs name, address, telephone number, after-hours emergency telephone number and fax telephone number. The bidder shall complete the Title Page in Attachment 8. 2. Signed Bid Proposal, (Bid Item Price Schedule) 3. Bidderâs Qualification Package 4. The Bidder shall complete and return as part of the bid, the Contractorâs Qualification Package. There are four parts to the Qualification Package. Refer to Attachment 8: a. Documentation of Past Contract Experience. Refer to Attachment 8
Invitation For Bid IFB Number 06A1964 Page 3 of 15 b. Documentation of Current Contractor Capabilities. Refer to Attachment 8 c. List of Proposed Subcontractors. Refer to ADM 1511 Attachment 3 d. Subcontractor Qualifications Statement. Refer to Attachment 8 5. This package is the Bidderâs only opportunity to demonstrate that its firm meets the minimum qualifications for contract award. A bid is responsive only if all items are completed and the bidder meets all requirements listed in this Section, Bidder Qualification Package. 6. The Bidderâs shall provide documentation of its current capability for accomplishing the work of this Contract on the forms provided in Attachment 8. The following are minimum requirements: 7. Part 1: Documentation of Past Contract Experience/References A. The Bidder shall document that it has successfully completed a minimum of five contracts within the last three years for work that included identifying, investigating and removing hazardous waste under emergency circumstances and that covered all aspects of work required under this IFB. These contracts shall have been for work that required the Contractor to: 1. Provide âquick response servicesâ, i.e., the Contractor must have arrived at the site within twenty-four hours and subsequently rendered assistance that included at a minimum, successfully providing and implementing a health and safety plan, securing the contaminated site, identifying the contaminants, determining the extent of contamination, and providing and implementing a waste removal plan. 2. Comply with all local, State, and Federal hazardous material laws, regulations, and any applicable site specific, locally required permits. 3. Use certified registered, licensed and permitted equipment, facilities, and subcontractors. 4. Prepare complete, clear and concise reports that fully document field and laboratory activities. 5. Utilize staff personnel who are licensed or certified by the State of California to practice in their respective specialties and trained and equipped to safely handle contaminated material and hazardous wastes. 6. Hire/retain field personnel who are certified by the Contractor as having received the forty hours or more of safety training as required by California Occupational Safety and Health Regulations (CAL/OSHA) for this type of work. 8. Part 2: Documentation of Current Contractor Capabilities The following are minimum requirements: A. The Bidder shall employ a minimum of ten professional and technical personnel. The Contractor shall employ a minimum of two registered professionals, one of whom must be a registered geologist in the State of California. These positions shall not be subcontracted. The Contractor shall not use a Registered Environmental Assessors (REA) to meet the registered professional requirement. The Contractor shall identify
Invitation For Bid IFB Number 06A1964 Page 4 of 15 the key personnel to be used on the contract. Key personnel shall include the Contractor Project Manager who has overall responsibility for all work done under the contract and Contractor Task Order Managers who are registered professionals and manage individual Task Orders. The resumes of all professional/technical staff that will be used under the contract shall be included with the bid. B. The Contractor shall have access to laboratory facilities that have been certified pursuant to Section 25198 of the Health and Safety Code to conduct analytical testing of wastes. C. The Contractor shall use appropriately licensed and certified equipment and appropriately licensed and registered subcontractors. The minimum required licenses and certification requirements that the Contractor must hold are: D. Contractorâs Class âAâ (General Engineering) and âHazâ (Hazardous Substances Removal and Remedial Actions) Certificate. 9. Part 3: List of Proposed Subcontractors A. The Bidder shall list all proposed subcontractors on Attachment 9, Subcontracting Provisions/List ADM 1511, with a Headquarters address, name of contact person, phone number and area of expertise. B. Subcontractors shall comply with the provisions of the Agreement. 10. Part 4: Subcontractor Qualifications Statement A. The Bidder shall have each proposed subcontractor complete a Subcontractor Qualification Statement on the form provided. The Contractor shall include a qualification statement for each proposed subcontractor as part of the Contractor Qualification Package. B. In order to be accepted by Caltrans as a qualified subcontractor, the subcontractor shall have successfully provided the same hazardous waste services as described in this IFB for a minimum of five Agreements within the last three years. The bidder shall also identify Contract tasks to be performed by each subcontractor bid item number or work category, and identify key personnel, and their licenses and certifications. C. The Bidder shall return four complete Bid Packages. 11. Equipment List A. To demonstrate an emergency response capability, bidders must be able to show that their firm can provide the equipment used for work under this contract. Bidders are to provide a list of the field equipment and field personnel protective equipment the firm has available for identifying, investigating, treating and removing hazardous waste. List the equipment that the firm owns and the equipment that is readily available through subcontractors or rentals. B. Typical examples of equipment include, but are not limited to, the following:
Invitation For Bid IFB Number 06A1964 Page 5 of 15 1. Emergency Response Van 2. Black Iron Vacuum Trucks 3. Stainless Steel Vacuum Trucks 4. PVC Lined Vacuum Trucks 5. Rolloff & Sludge Boxes 6. Backhoes 7. Loaders 8. Forklims 9. Bobcat type Loaders 10. Flatbed Trucks 11. Dump Trucks 12. Haul Trucks â Hazardous Waste Certified 13. Miscellaneous Hand Equipment and Tools 14. Field Investigation Equipment 15. Explosivity Meter 16. Field Monitoring Devices 17. Organic Vapor Meter 18. Photo Ionization Detector 19. Oxygen Meter 20. Health and Safety Equipment 21. Personal Protective Equipment 22. Draeger Pumps C. By submitting its bid, Bidder certifies, under penalty of perjury, that its California State License Board (CSLB) license is in a classification appropriate to the work to be undertaken as identified in the Proposed Form of Agreement, Exhibit A, Scope of Work, Attachment 11. This requirement has also been added in the Proposed Form of Agreement, Exhibit E, Attachment 11. Refer to Section D, Bid Requirements and Information, Paragraph 8, Contractor License, for submittal requirements E) Bid Requirements and Information 1. Time Schedule It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.
Invitation For Bid IFB Number 06A1964 Page 6 of 15 EVENT DATE TIME (Pacific Time) IFB available to prospective bidders 04/15/14 Written Question Submittal 04/23/14 Final Date and Time for Bid Submission 05/08/2014 2:15 PM Bid Opening 05/08/2014 3:00 PM 2. Questions and Answers A. Questions regarding this IFB must be submitted in writing. Bidders are encouraged to submit their written questions via Bid Sync by (Date). B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. 06A1964. Questions must be sent to the following MAIL OR E-MAIL TO: Department of Transportation Division of Procurement and Contracts Attention: Adrienne Taylor 1727 - 30th Street, MS-65 Sacramento, CA 95816 adrienne.taylor@ot.ca.gov C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the BidSync website (see below). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this IFB, Section C 1, Time Schedule, for the schedule of events and dates/times. It is the responsibility of the bidder to check BidSync for all addenda. Bidder can contact the Acquisition Analyst named above: http://www.bidsync.com/ 3. Costs Included in Bid Rates Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise. 4. Employment of Undocumented Workers No state agency or department, as defined in California Public Contract Code (PCC) section 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a Public Works Agreement, who has, in the preceding five years, been convicted of violating a State or Federal law regarding the employment of undocumented workers (PCC section 6101).
Invitation For Bid IFB Number 06A1964 Page 7 of 15 5. State General Prevailing Wage Rates State General Prevailing Wage Rates will apply for the Counties of Monterey, San Benito San Luis Obispo, Santa Barbara, Santa Cruz, Madera, Fresno, Tulare, Kings, Kern, Riverside, San Bernardino, Mono, Inyo, Amador, San Joaquin, Stanislaus, Merced, Mariposa, Tuolumne, Calaveras and Alpine as described in the attached Proposed Form of Agreement (Attachment 11). The predetermined general prevailing wage rates published by the Director of Industrial Relations may be obtained via the Internet: http://www.dir.ca.gov or from the District or Region Labor Compliance Officer (in the Proposed Form of Agreement, Attachment 11). It is the bidder's responsibility to use the correct classification determination published by the Department of Industrial Relations. 6. Federal Prevailing Wages Federal Prevailing Wages apply to this Agreement and can be viewed at http://www.wdol.gov/dba.aspx#3. 7. Motor Carrier Permit A. Each bidder must provide evidence with its bid that it possesses and maintains in good standing a Motor Carrier Permit (MCP) issued by the California Department of Motor Vehicles (DMV). Caltrans will verify that the bidder has met this requirement prior to Agreement award and may check periodically throughout the term of the Agreement to ensure that the bidder's MCP is in effect and in good standing. Failure to meet this requirement will result, as applicable, in rejection of that Contractorâs bid or termination of the Agreement for default under the Termination provision in Ex. D of the Agreement. B. The law mandates that a Motor Carrier of Property under Cal. Vehicle Code section 34620 who provides services under this Agreement must have the required Motor Carrier Permit(s) (MCP) issued by the Department of Motor Vehicles. C. For more information, the bidder may call its local DMV permit office or the Sacramento DMV Motor Carrier Services Branch at (916) 657-8153. Prior to obtaining a Motor Carrier Permit, the bidder must have a California âCA Numberâ issued by the California Highway Patrol (CHP). To request a CA Number, the bidder may call its local CHP office or the Sacramento CHP Commercial Records Unit at (916) 375-2810. DMV: (http://dmv.ca.gov/vehindustry/mcp/mcpinfo.htm) 8. Contractor License Bidder must have, at time of bid submittal and for the duration of the contract, a valid, current Class A General Engineering license and a Hazardous Substances Removal and Remedial Actions Hazardous Certifications issued by the California Contractors State License Board (CSLB) C-57 (well drilling) Contractorâs License, Registered Asbestos Contractor per Section 6505.1 of the Labor Code, Certified Asbestos Contractor per Section 7058.5 of the Business and Professions Code, Hazardous Waste Transporters Registered by the Department of Toxic Substances Control per Title 22 CCR Section 66263.11,Transport Vehicles Certified per Title 22 Section 66263.14. The Bidder shall attach current copies of all licenses held by the firm or its employees plus those of its proposed subcontractors for hazardous waste removal work, underground tank, container or drum removals and sampling/investigative work. If the Contractor or any
Invitation For Bid IFB Number 06A1964 Page 8 of 15 subcontractor holds permits for treatment units in accordance with Title 22 CCR Section 67450.1 must be included. The Bidder shall identify the contract tasks to be performed by its forces, either by bid item or category of work for the type of work to be performed. Bidder shall obtain, pay for and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidder shall obtain, pay for and maintain, in good standing, all necessary licenses and permits to accomplish the work. Bidders will be considered non-responsive unless proper licensing requirements are met. An invalid license will result in cancellation of the award. Positive verification of a valid license issued by the CSLB will be performed by Caltrans (reference PCC section 10164). 9. Subcontractors Bidder may subcontract portions of the work as defined in the attached Proposed Form of Agreement. If a subcontractor(s) is/are used, complete the Subcontractor Provision/List form ADM-1511 (Attachment 2). Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid. 10. Non-Collusion Affidavit for Public Works Bidder must submit, as described herein, a notarized Non-Collusion Affidavit for Public Works. The Non-Collusion Affidavit is attached to this IFB as attachment 4. Failure to submit a complete notarized affidavit shall be rejection of bid. 11. Bonds A. Bid Bond Required: Bidder shall submit a *bid bond (executed by an admitted surety insurer) with bid as described herein. The bidderâs bid bond shall be no less than ten percent (10%) of bidderâs total bid, must be notarized and include the embossed surety seal and must include a Power of Attorney if the signee is not an officer of the surety. Submittal of a bid bond that is not in the appropriate amount, signed and stamped with the surety seal, or failure to submit a bid bond shall be cause for rejection of bid. *The bidder may also submit, in lieu of a bidderâs bond, one of the following forms of bidderâs security: cash, cashierâs check, or certified check made payable to Caltrans. B. Payment Bond Requirement: The successful bidder will be required to provide, prior to commencement of work under a Task Order, a Payment Bond for 100 percent (100%) of the Task Order, if the Task Order is over $25,000. The Payment Bond is not required at the time of bid submittal; however, it is required, as applicable, prior to the start date of the Task Order. Refer to Bonds in Exhibit D of the Proposed Form of Agreement (Attachment 11). 12. Insurance A. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Division of Procurement and Contracts within ten (10) working days from the date of notification of award. The Stateâs Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to Exhibit E
Invitation For Bid IFB Number 06A1964 Page 9 of 15 in the Proposed Form of Agreement (Attachment 11), for the applicable and specific Insurance requirements and coverage limits. B. The insurance carrier shall provide an endorsement for the additional insured statement as follows: The State of California, its officers, agents, employees, and servants shall be included as additional insured, but only with respect to work performed for the State of California under this Agreement. 13. Darfur Contracting Act A. The Darfur Contracting Act, PCC section 10475-10481, applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with âscrutinizedâ companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in PCC section, 10475. All bidders shall complete the Darfur Contracting Act Certification form, Attachment 7, and submit with bid. B. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, complete Option 1 on the Darfur Contracting Act Certification form, Attachment 7. C. A scrutinized company is a company doing business in Sudan as defined in PCC section 10476. Scrutinized companies are ineligible to, and cannot bid on, or submit a proposal for an Agreement with a State agency for goods or services. (PCC section 10477(a)). D. Therefore, PCC section 10478 (a) requires a company that currently has (or within the previous three (3) years has had business activities or other operations outside of the United States to certify that it is not a âscrutinizedâ company when it submits a bid or proposal to a State agency. E. A scrutinized company may still; however, submit a bid or proposal for an Agreement with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in PCC section 10477(b). 14. Bid Submittal A. All bids must be submitted and received by Caltrans Division of Procurement and Contracts, Bid Unit by dates and times shown in the IFB, Section C) Bid Requirements and Information, Item 1) Time Schedule.
Invitation For Bid IFB Number 06A1964 Page 10 of 15 B. The mailing package/envelope should be labeled as follows: Note: All packages not clearly or properly labeled as indicated below, including overnight mail and hand delivered packages may be rejected. C. Late bids will not be considered. D. All bids shall include the documents identified on the IFBâs Attachment Checklist (Attachment 10 E. ). Bids not including the required attachment(s) shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements. F. Only an individual who is legally authorized to bind the proposing firm contractually shall sign all documents requiring a signature, and each document must bear an original ink signature. G. If your bid is hand delivered, you must date and time stamp the sealed envelope/package immediately upon arrival. The date/time stamp machine is located in the lobby on the first floor to the right of the security guard station at the address noted above. After date/time stamping, the bid should be placed in the locked bid cabinet located below the time stamp. If the bid package is too large to be electronically stamped, date/time stamp one of the labels provided and attach it to the proposal package. When the bid package is too large for the locked bid cabinet, ask the security guard to call the Division of Procurement and Contracts reception desk at 227-6000 to have your bid package picked up. H. Bid opening will be held at the above address at 3:00 PM on the date specified in Section C - Bid Requirements and Information, Item1 - Time Schedule. Bidders may participate in person or via teleconference by calling 1-866-700-7952 and entering the pass code 7089821#. Calls will be accepted beginning at 2:50 PM until the conclusion of the bid opening. Bids will be read in Agreement numeric order; questions will not be allowed; and information will not be repeated. Bid opening results will be posted online on the Division of Procurement and Contracts web site at http://caltrans-opac.ca.gov/contracts/bidresults.htm by 12:00 P.M. on the day postage YOUR RETURN ADDRESS Agreement No. 06A1964 Bid Due Date: May 8, 2014 Bid Due Time: 2:15 P.M. Bid Opening: 3:00 P.M. Attention: Adrienne Taylor Department of Transportation Division of Procurement and Contracts ATTN: BID UNIT 1727 30th Street, 4TH Floor, MS-65 Sacramento, CA 95816-7006 BID SUBMITTAL DO NOT OPEN
Invitation For Bid IFB Number 06A1964 Page 11 of 15 following the bid opening. The Agreement will be awarded to the lowest responsible bidder meeting the requirements outlined in the IFB. I. Bids must include the performance of all the services described herein. Any attempt to modify the bid document to deviate from the work specifications will not be considered and will cause a bid to be rejected. J. A bid may be rejected if it is conditional, incomplete, or if it contains any alterations of form or other irregularities of any kind. Caltrans may reject any bid on the basis that it is not responsive or from a non-responsible bidder, and may waive any immaterial deviation in a bid. Caltrans waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. J. Costs for developing bids and in anticipation of award of an Agreement is entirely the responsibility of the bidder and shall not be charged to the State. K. Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 5). The signature must also indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. L. A bidder may modify a bid after its submission by first withdrawing the original bid and then by resubmitting a new bid prior to the bid submittal deadline. Bidder modifications offered in any other manner, oral or written, will not be considered. M. A bidder may withdraw a bid by, prior to bid opening, submitting a written withdrawal request to Caltrans, signed by the bidder or an agent authorized in accordance with Section K above. A bidder may thereafter submit a new bid prior to the bid submittal deadline. Bids may not be withdrawn without cause subsequent to bid submittal deadline. N. Caltrans may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum sent to all parties who received a bid package. O. Caltrans reserves the right to reject all bids for reasonable cause. P. Bidders are cautioned not to rely on Caltrans during its evaluation process to discover and report to the bidder any defects and/or errors in the submitted documents. Before submitting their documents, bidders should carefully proof them for errors and full adherence to the IFB requirements. Q. Where applicable, the bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the Agreement amount will be made due to a lack of careful examination of work sites and specifications. R. Caltrans does not accept alternate Agreement language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The Stateâs GTC are not negotiable. The GTC 610 may be viewed at http://www.ols.dgs.ca.gov/Standard+Language/default.htm
Invitation For Bid IFB Number 06A1964 Page 12 of 15 15. Evaluation and Selection A. At the time of bid opening, each bid proposalâs total and any small business and/or micro business information (if applicable) will be read aloud. Bids are considered preliminary pending review and verification of applicable bid requirements such as: small business preference, DVBE, DBE, licensing, bonding, qualifications, or other requirements as stated in the IFB. Agreements will be awarded to the lowest responsive responsible bidder. B. Each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. Caltrans will check the bid submittal package to verify it received all required documents. Positive verification of required documents will be performed to determine its responsiveness to the State's needs. C. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, shall be rejected. D. The Agreement, if awarded, shall be awarded to the six lowest responsible bidders meeting the specifications, if six qualified bids are received. A bid meets the specifications if it complies with all of the requirements in this solicitation. In the event of a tie bid, Caltrans will draw lots to determine the successful bidder. Only one proposal or bid may be submitted by an entity: individual, firm, partnership, corporation, joint venture or combination thereof. Receipt of more than one bid from an entity will result in all bids from that entity being rejected and returned to the bidder. 16. Award and Protest A. Bid results may be viewed on the internet at 12:00 P.M. (Noon) on the first business day following the bid due date at http://caltrans-opac.ca.gov. B. Whenever an Agreement is awarded under a procedure that provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be given notice five (5) working days prior to the award of the Agreement by telegram, electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery. C. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the Agreement. D. Grounds for Filing a Protest: After the issuance of the applicable Agreement award notices as specified in this IFB, the right to protest the proposed award of an Agreement is afforded any bidder who claims it should have been awarded the Agreement because it was the lowest responsible bidder meeting the specifications. E. Filing a Protest: The initial protest must be submitted to the Caltrans, Protest Unit prior to the award of the Agreement. When a protest has been submitted, the Agreement shall not be awarded until either the protest has been withdrawn or Caltrans has decided the matter.
Invitation For Bid IFB Number 06A1964 Page 13 of 15 F. Within five (5) days after filing the initial protest, the protesting bidder shall file with Caltrans, Protest Unit with a full and complete written statement specifying the grounds for the protest. The written protest must be sent to the addresses below: Department of Transportation Division of Procurement & Contracts Attention: Bid, Protest, & Dispute Branch Chief 1727 30th Street, MS 65 Sacramento, CA 95816 Phone Number: (916) 227-6096 Fax Number: (916) 227-1950 It is suggested that you submit any protest by certified or registered mail. G. Upon award of the Agreement contractor shall complete and submit to Caltrans, the Payee Data Record form (STD 204), to determine if the contractor is subject to State income tax withholding pursuant to California Revenue and Taxation Code section 18662 et seq. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading STANDARD FORMS. No payment shall be made unless a completed STD 204 has been returned to Caltrans. H. Prior to the award of the contract, the awarded bidder(s) must sign and submit to Caltrans, page one (1) of the Contractor Certification Clauses (CCC), Attachment 3, or this form can be obtained via the Internet at http://www.ols.dgs.ca.gov/Standard+Language/default.htm Bidder may also, as an option, submit the CCC with bid package. 17. Standard Conditions of Service A. After award of the Agreement and execution of the Agreement, should the Contractor fail to commence work within five (5) working days after notification of the starting date, or suspend work for a period of five (5) continuous working days after work has begun, Caltrans may provide five (5) calendar days written notice, posted at the job site or mailed to the Contractor, to timely prosecute and complete the work or the Agreement may be terminated and liquidated damages of $500.00 assessed for administrative costs for re-bidding the work or awarding the work to another Contractor. In addition, that Contractor shall be liable to Caltrans for the difference between the Contractorsâs bid price and the actual cost of performing the work by the second low bidder or by another Contractor. B. All performance under the Agreement shall be completed on or before the termination date of the Agreement. C. Antitrust Provisions 1) The Contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC section 15) or under the Cartwright Act [Chapter 2, commencing with section 16700, of Part 2 of Division 7 of the Business and Professions Code (BPC)] arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and
Invitation For Bid IFB Number 06A1964 Page 14 of 15 all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the Contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments. 2) If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under GC sections 4550 - 4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under GC sections 4550 - 4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. D. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the bidder will be liable to Caltrans for actual damages resulting to Caltrans therefrom or ten percent (10%) of the amount bid, whichever is less. E. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in Section 17030 of the California Business and Professions Code. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors. F. No oral understanding or agreement shall be binding on either party. F) Special Programs The following Special Programs are applicable to this IFB. 1. Disadvantaged Business Enterprise Program A. For Agreements with DBE Participation Goals 1) This solicitation and resultant Agreement is financed in whole or in part with federal funds and therefore subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." In compliance with 49 CFR 26, Caltrans set an overall annual DBE goal comprising both race neutral and race conscious elements. To ensure equal participation for DBE groups specified in 49 CFR 26.5, Caltrans specifies an Agreement goal for DBE participation. The required goal for DBE participation in this solicitation is Twenty-one percent (21%).
Invitation For Bid IFB Number 06A1964 Page 15 of 15 2) To ensure applicable participation of the specified DBEs as defined in 49 CFR 26.5, this solicitationâs goal applies to all certified DBEs. Only certified DBE participation will count toward the Agreement goal for this solicitation. DBE participation will count toward Caltransâ federally mandated overall annual DBE goal. In order to ascertain whether its overall annual DBE goal is being achieved, Caltrans tracks DBE participation on all federal-aid contracts. 3) It is the bidderâs responsibility to verify that the DBE firm is certified as a DBE by the specified bid submittal due date and time. For a list of DBEs certified by the California United Certification Program (CUCP), go to: http://www.dot.ca.gov/hq/bep/find_certified.htm 4) Proposer shall complete and submit Attachment 2, Bidder/Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation for detailed information and the required forms. Required forms will be made a part of the Agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation will result in the bid being rejected as non-responsive. 5) The requirement to advertise for the purpose of identifying potential DBEs is waived.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 1 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 1 20 Hour Develop a Routine Work Plan: Including personnel, support services, overhead and profit, signed by a California Registered or Certified Professional. 2 20 Hour Develop an Expedited Work Plan (48 hour turnaround time): Including personnel, support services, overhead and profit, signed by a California Registered or Certified Professional. 3 20 Hour Develop a Routine Health and Safety Plan: including research, personnel, support services, overhead and profit, signed by an American Board of Industrial Hygiene Certified Industrial Hygienist. The Health and Safety plan will most typically cover the Contractorâs work. Occasionally, Caltrans may request a Health and Safety plan for Caltrans employees or construction forces working in a contaminated area. 4 20 Hour Develop an Expedited Health and Safety Plan (48 hour turnaround time): including research, personnel, support services, overhead and profit, signed by an American Board of Industrial Hygiene Certified Industrial Hygienist. The Health and Safety plan will most typically cover the Contractorâs work. Occasionally, Caltrans may request a Health and Safety plan for Caltrans employees or construction forces working in a contaminated area. 5 40 Day GPS Data Collection: (Includes Materials and Equipment. Labor not included. 6 30 Site Hollow Stem Augering: Mobilization/Demobilization: Includes all work necessary to transport to and from the site all personnel, materials, and equipment; first drill set-up and ultimate removal and decontamination of equipment and temporary facilities; and final cleanup of drilling location. Also includes hand augering mobilization/ demobilization if required at the same site. 7 5,000 Foot Hollow Stem Auger Drilling: Bid cost includes backfilling of the borings. TOTAL THIS SHEET
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 2 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 8 20 Location Mobilization/Demobilization of dual tube direct push drilling rig: Includes all work necessary to transport to and from the location all personnel, materials, and equipment; first drill set-up and ultimate removal and decontamination of equipment and temporary facilities; and final cleanup of drilling location. 9 5,000 Foot Dual Tube Direct Push Drilling: Direct Push Drilling: 0-50 feet Includes backfilling of the borings. Per foot calculation is the depth of each boring, not the total linear feet of the task order. 10 40 Sample Emplacement of direct push driven bailer 0-50 feet. 11 400 Foot Installing Monitoring Wells: Well completed inside hollow stem auger. Installation of 2-in diameter monitoring wells shall be bid as a surcharge added to the cost of drilling, above. Normal operating cost includes equipment, bentonite or grout, filter pack, personnel, support services, cleanup, construction of the monitoring well, decontamination and surveying wellhead elevation. 12 400 Hour Well Development. Includes all equipment, bailers, surge block, airlift piping.. 13 15 Well Water level measurement, sounding, and recording data. 14 15 Sample Water sample from well: Includes monitoring equipment, well purging, purge water storage, field personnel, decontamination and clean up. Applies to well sampling events separate from drilling activities. Also includes Geotracker reporting. 15 400 Foot Temporary Well: Installation and removal of temporary 1 or 2 inch diameter well installed within a direct push or hollow stem borehole. The casing for the well shall be 1 or 2 inch ID PVC and have flush threaded joints and factory slotted (0.02") screens. The Contactor shall be capable of measuring groundwater levels, purging, and collecting groundwater samples from within the temporary well. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 3 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 16 25 Site Mobilization/Demobilization for monitor well sampling: Includes all work necessary to transport to and from the site all personnel, materials and equipment, set up and breakdown of equipment, transportation of samples to the laboratory, and final clean up of site. Site includes wells within a 1 mile radius. 17 5 Site Mobilization/Demobilization for monitor well destruction. Includes all work necessary to transport to and from the site all personnel, materials and equipment, set up and breakdown of equipment, and final clean up of site. Site includes wells within a 1 mile radius. 18 1,000 Foot Monitor well destruction. Normal operating cost includes equipment, bentonite or grout, filter pack, equipment including perforation tolls, compressors, personnel and support services. 19 20 Site Hand Augering Mobilization/Demobilization: Includes all work necessary to transport to and from the site all personnel, materials, and equipment, lithologic logging, ultimate removal, backfill of boreholes, decontamination of equipment and temporary facilities and final cleanup of drilling location. 20 5,000 Foot Hand-held auger: Normal operating cost includes equipment, geologist/engineer for lithologic logging, technician, back filling with bentonite or grout, cleanup, and decontamination. This bid item applies when hand augering is the only mode of sample acquisition. The item does not apply when a drill rig is also used as part of the investigation. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 4 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 21 25 Site Mobilization/Demobilization - Trenching and excavation: Includes all work necessary to transport to and from the site all personnel, materials, and equipment; first set-up and ultimate removal and decontamination of equipment and temporary facilities; backfilling of trench/excavation pits and final cleanup of site. 22 100 Day Trenching/Excavation: Normal operating cost includes equipment, backhoe personnel, geologist/engineer for logging, support services, cleanup, and decontamination. Backhoe Case 580 or equivalent. 23 2,000 Sample Soil Sampling (for analysis): Includes collecting samples from drilling, hand augering, trenching or excavation and Geotracker reporting. 24 400 Sample Water sample from undeveloped boring. 25 40 Sample Surface water sample: Trench, ditch and stream samples. 26 500 Hour Registered Geologist or Engineering Geologist or Registered Engineer. Covers labor hours for field work, data analysis and report preparation. Also includes additional clerical assistance, supplies, overhead, fees and profits. Travel time, per diem and mileage (excluding drill rig mobilization) are covered in bid item 37. 27 100 Hour Certified Industrial Hygienist. Covers labor hours for field and office work on site. Travel time, per diem and mileage are covered in bid item 37. 28 1,000 Hour Technician. Covers labor hours for field and office work on site. Travel time, per diem and mileage for Technicians are covered in bid item 37. 29 250 Hour Non-registered professional with chemistry, engineering, geology or other science degree. Covers labor hours for field and office work on site. Travel time, per diem and mileage are covered in bid item 37. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 5 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 30 1,000 Hour Laborer. Covers labor hours for field and office work on site. Travel time, per diem and mileage are covered in bid item 37. 31 1,000 Hour Equipment Operator. Covers labor hours for field work on site. Travel time, per diem and mileage are covered in bid item 37. 32 40 Hour Regulatory Agency/Public hearings and meetings to discuss reports and results (registered person in responsible charge of the investigation to attend). Travel time, per diem and mileage are covered in bid item 37. 33 25 Day Equipment: Organic Vapor Meter (Flame Ionization Detector). 34 25 Day Equipment: Hnu meter (Photo Ionization Detector). 35 1,000 Drum Equipment: Reconditioned 55 Gallon Drum (DOT #17H). 36 15 Hour Equipment: Level C Protection (per crew of 4 persons). 37 25 Hour Covers staff travel, per diem and mileage for personnel listed in bid items 26 through 32. This bid item excludes personnel mobilized under bid items 6, 8 and 19. Multiple staff may only charge mileage for one vehicle per trip to site. 38 500 Linear Foot Equipment: Temporary chain link fencing (includes installation and removal). 39 50 Hour Excavator (capable of pulling 10,000 gallon tank): Includes equipment and qualified operator to remove contaminated soil and tanks up to 10,000 gallons. The equipment shall be maintained to meet local air district requirements. Travel time, per diem and mileage are covered in bid item 37. 40 50 Hour Light Duty Loader/Backhoe: including a qualified operator. The equipment shall be maintained to meet local air district requirements. Travel time, per diem and mileage are covered in bid item 37. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 6 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 41 25 Hour Extend-a-hoe capable of reaching 15 feet in depth: The contractor shall provide a back hoe with a minimum of 15-foot dig depth including a qualified operator. Equipment shall be maintained to meet local air district requirements Travel time, per diem and mileage are covered in bid item 37. 42 50 Hour Trucking for Disposal (tank, soil, asbestos) including driver: Equipment to service transfer of materials to and from Site. Equipment shall be capable of transporting and handling loads up to 15 tons or 10,000-gal tanks. The contractor shall be capable of hauling the acceptable waste and/or acceptable construction debris to a lawfully approved disposal site. Driver must be qualified and licensed to service solid waste transfer stations in accordance with applicable Federal, State, and local laws. Travel time, per diem and mileage are covered in bid item 37. 43 50 Hour Certified Site Surveillance Technician: Certification is required by Title 8, California Code of Regulations, Article 2.6, Section 341.15 for individuals who contract to provide health and safety services for asbestos-related work (projects involving more than 100 square feet of asbestos-containing construction material). Travel time, per diem and mileage are covered in bid item 37. 44 100 Hour Certified Asbestos Consultant (CAC): An asbestos consultant certified by Cal/OSHA under 8 CA Code of Regs § 341.15 and 1529. 45 100 Hour Concrete Saw: This includes equipment and operator to service concrete saw cutting. The equipment shall be maintained and operated to meet local air district requirements. Travel time, per diem and mileage are covered in bid item 37. 46 50 Hour Vacuum Truck including operator: Conventional vacuum truck that can provide heavy-duty suction over long horizontal runs. Travel time, per diem and mileage are covered in bid item 37. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 7 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 47 30 Hour Pressure Washer/Generator/Tank (trailer): Truck mounted or self contained decontamination system including pressure washer, trailer with water tank(s), and generator; no external 48 % Expedited Lab Turnaround Time - 48 hours: surcharges applied to elapsed turnaround time. Add % surcharge to regular bid price for each lab test. Standard turnaround is 5 business days. 49 % Expedited Lab Turnaround Time - 24 hours: surcharges applied to elapsed turnaround time. Add % surcharge to regular bid price for each lab test. Standard turnaround is 5 business days. 50 % Lab Quantity Discounts -11 to 25 samples: applies to all chemical and physical tests bid in the laboratory section only. Discount based on number of samples per single analytical method estimated on task order actually performed by lab per single chain of custody (COC) form or set of COCs with the same date, or samples sent to lab from a single sampling interval if number of samples determined for that interval established in advance. 51 % Lab Quantity Discounts - 26 to 50 samples: applies to all chemical and physical tests bid in the laboratory section only. Discount based on number of samples per single analytical method estimated on task order actually performed by lab per single chain of custody (COC) form or set of COCs with the same date, or samples sent to lab from a single sampling interval if number of samples determined for that interval established in advance. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 8 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 52 % Lab Quantity Discounts -51 to 100 samples: applies to all chemical and physical tests bid in the laboratory section only. Discount based on number of samples per single analytical method estimated on task order actually performed by lab per single chain of custody (COC) form or set of COCs with the same date, or samples sent to lab from a single sampling interval if number of samples determined for that interval established in advance. 53 % Lab Quantity Discounts -101 or more samples: applies to all chemical and physical tests bid in the laboratory section only. Discount based on number of samples per single analytical method estimated on task order actually performed by lab per single chain of custody (COC) form or set of COCs with the same date, or samples sent to lab from a single sampling interval if number of samples determined for that interval established in advance. 54 1500 Test Laboratory Analysis - Elements Scan: (ICAP) U.S. EPA method 6010-liquid and/or soil matrix. All elements listed in method: Sb, As, Ba, Be, Cd, Cr (total), Co, Cu, Pb, Mo, Ni, Se, Ag, Tl, V, Zn. 55 200 Test Laboratory Analysis - WET (Waste Extraction Test - EPA Method 3050): Includes all digestion and filtration necessary to produce an extractable concentration for all elements and compounds other than hexavalent chromium (using citric acid buffer or de-ionized water). 56 500 Test Laboratory Analysis - Test methods for analyses of extractable concentration (CCR approved EPA Series 7000 methods): Any single element, Ba, Cd, Total Cr, Hexavalent Cr, Pb, Hg, Ni, Se, Ag 57 15 Extract Laboratory Analysis - Toxicity Characteristic Leaching Procedure (TCLP) (EPA 1311): Includes all preparation, extraction, and filtration of solids or liquids necessary to produce an extract for arsenic, barium, Cd, Pb, Hg, or Ag. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 9 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 58 25 Test Laboratory Analysis - Toxicity Characteristic Leaching Procedure (TCLP) (EPA 1311): Includes arsenic, barium, Cd, Pb, Hg, or Ag; analysis of extract. 59 15 Test Laboratory Analysis - Oil and Grease EPA 1664: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 60 50 Test Laboratory Analysis - Gasoline: Modified EPA 8015 to determine Total Petroleum Hydrocarbons as gasoline in water and soil as described in the LUFT Field Manual (October, 1989). 61 25 Test Laboratory Analysis -Gasoline Analysis Package EPA 8015M/8021B/8260 to determine total Petroleum Hydrocarbons as gasoline in water and soil- Benzene, Toluene, Xylene, and Ethyl Benzene, Oxygenate Compounds (TBA, MTBE,DIPE, ETBE, and TAME). 62 25 Test Laboratory Analysis -Diesel Fuel and Motor Oil: Modified EPA 8015 to determine Total Petroleum Hydrocarbons as diesel fuel and motor oil in water and soil as described in LUFT Field Manual (October, 1989). 63 10 Test Laboratory Analysis -Organolead: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis per LUFT Field Manual. 64 100 Test Laboratory Analysis - Aromatic and Halogenated Volatile Organics EPA 8260B: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. Aromatic and Halogenated Volatile Organics including BTEX and chlorinated solvents. 65 25 Test Laboratory Analysis - Organochlorine Pesticides and PCBs EPA 8081: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 10 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 66 100 Test Laboratory Analysis - Combined GC/MS for Volatile Organics and Fuel Oxygenate Compounds EPA 8260B. 67 50 Test Laboratory Analysis - GC/MS for Semi volatile Organics EPA 8270C: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 68 500 Test Laboratory Analysis - EPA 6010 - ICAP any single element: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. Bid item includes appropriate extraction procedure. 69 25 Test Laboratory Analysis - Atomic Absorption EPA 7000 series: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 70 15 Test Laboratory Analysis - Hexavalent Cr by EPA 7199: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. Includes digestion by EPA 3060. 71 200 Test Laboratory Analysis - Asbestos, Polarized Light Microscopy (PLM). Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 72 25 Test Laboratory Analysis - Asbestos Phased Contrast Microscopy (PCM). Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 73 25 Test Laboratory Analysis - Asbestos Transmission Electron Microscopy (TEM). Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 74 10 Test Laboratory Analysis - pH Electrometric Measurement EPA 9040. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 11 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 75 50 Test Laboratory Analysis - Soil Ph, EPA 9045. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 76 20 Test Laboratory Analysis - Specific Conductance, EPA 9050 Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 77 20 Test Laboratory Analysis - Total Dissolved Solids (TDS), SM 2540C or SM 209B: Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 78 20 Test Temperature (field measurement) 79 20 Test Conductivity (field measurement) 80 20 Test pH (field measurement) 81 10 Test Laboratory Analysis - Fish Bioassay (22CCR66696 (A)(4): Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 82 30 Hour Air Monitoring â Real Time for Dust PDR-1000. 83 30 Hour Air Monitoring â Ambient (Personal A Pumps with Cassettes) 84 10 Test Laboratory Analysis - Total Suspended Solids (TSS) SM 2540D. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 85 10 Test Laboratory Analysis - Total Organic Carbon (TOC) SM 5310B Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 86 10 Test Laboratory Analysis - Total Coliform Bacteria (Standard Method 9221A-D). Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 87 10 Test Biological Oxygen Demand (BOD) SM 5210B. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION BID PROPOSAL ATTACHMENT 1 ADM-1412 (REV.06/2002) Agreement Number 06A1964 CONTRACTORâS NAME (Please Print): PAGE 12 of 12 ITEM NO. ESTIMATED QUANTITY UNIT OF MEASURE ITEM UNIT PRICE (In Figures) TOTAL (In Figures) 88 10 Test Chlorine by EPA 300.0. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 89 10 Test Residual Chlorine by SM 4500 CIG. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 90 10 Test Mercury by EPA 245.1 and 245.5 Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 91 10 Test Fecal Coliform by Standard Method 9221A-E. Includes all necessary digestion, filtration, extraction to produce extract and conduct analysis. 92 10 Test Fungus and Mold by Standard Method 915. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 93 20 Test Poly Aromatic Hydrocarbons (PAHS) by EPA 8310. Includes all necessary digestion, filtration, and extraction to produce extract and conduct analysis. 94 10 Week Archive up to 50 samples after last set of requested analyses are performed by analytical lab. 95 Extra Work: Reference this Agreementâs Exhibit A, Scope of Work, Section 9, Extra Work. $300,000.00 (1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. TOTAL THIS SHEET (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL. (3) Item 95 (above) is for unanticipated additional work that is required in order to fulfill the Stateâs obligations. Contractor will be reimbursed at cost (including applicable sales tax). All costs are to be substantiated and approved by Caltransâ Contract Manager. No reimbursement will be made to the Contractor for any services not described in Exhibit A, Scope of Work. TOTAL THIS PROPOSAL
ATTACHMENT 2 âCaltrans improves mobility across California" STATE OF CALIFORNIA------- BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION DIVISION OF PROCUREMENT AND CONTRACTS MS-65 1727 30th STREET SACRAMENTO, CA 95816-7006 PHONE (916) 227-6000 FAX (916) 227-6155 INTERNET http://caltrans-opac.ca.gov Flex your power! Be energy efficient April 15, 2014 NOTICE TO BIDDERS/PROPOSERS DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND DBE PARTICIPATION GOAL The Department of Transportation (Caltrans) has set an overall annual DBE goal comprising of both race neutral and race conscious elements to be in compliance with Title 49, Code of Federal Regulations, Part 26 (49 CFR 26). This regulation requires that all recipients of United States Department of Transportation (USDOT), Federal Highway Administration (FHWA) federal-aid shall establish an overall annual Disadvantaged Business Enterprises (DBE) goal. Caltrans is required to report to FHWA the DBE participation for all federal-aid contracts each year so that the overall annual DBE goal attainment efforts may be evaluated. Caltrans encourages DBE participation in the performance of agreements financed in whole or in part with federal funds. Bidders and proposers are advised that Caltrans has established a federally mandated overall annual DBE goal comprising both race neutral and race conscious elements to ensure equal participation of DBE groups specified in 49 CFR 26.5. In compliance with 49 CFR 26, Caltrans set a contract goal for DBEs participating in this solicitation expressed as a percentage of the total dollar value of the resultant agreement. The DBE participation goal for this solicitation is Twenty-one percent (21%). To ensure applicable participation of the specified DBEs as defined in 49 CFR 26.5, this solicitationâs goal applies to the following certified DBE groups: African Americans, Asian-Pacific Americans, Hispanic Americans, Native Americans, Subcontinent Asian Americans, or Women. Only DBE participation will count toward the contract goal for this solicitation. The attached Kform15, Disadvantaged Business Enterprise (DBE) Information and Instructions for Bidders and subsequent forms must be submitted with the bid, cost proposal, price and/or rate schedule by the bid due date and time as indicated in the solicitation: ⢠ADM-0227f: Disadvantaged Business Enterprise (DBE) Information Participation, and/or ⢠ADM-0312f: Bidder/Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation Failure to complete and submit the required DBE information and forms, will be grounds for finding the bidder/proposer non-responsive and cause for rejection of the bid/proposal (also refer to the solicitation, Section D, Special Programs). New Requirement effective February 28, 2011: The bidder/proposer awarded the Agreement shall complete and submit ADM-3069, Disadvantaged Business Enterprises Utilization Report with each invoice as required in the Proposed form of Agreementâs Exhibit B, Budget Detail and Payment Provisions and Exhibit D, Special Terms and Conditions. Please read this Notice and Attachments very carefully as bidder/proposer is responsible to ensure bid submittal documents are complete and accurate.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION AND INSTRUCTIONS FOR BIDDERS Kform15 (Rev. 06/2012) Page 1 of 11 ATTACHMENT 2 I. AUTHORITY AND BIDDERâS RESPONSIBILITY This solicitation is subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) entitled PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS. Bidders/Proposers (bidder) shall be fully informed of the requirements of the regulations and Caltransâ DBE Program developed pursuant to the regulations. It is the policy of the State of California, Department of Transportation (Caltrans), that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR 26, be encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. The Bidder should ensure that DBE firms have an opportunity to participate in the performance of this solicitation and shall take all necessary and reasonable steps for this assurance. The bidder shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Terms as used in this document: ⢠âCaltransâ means âState of California, Department of Transportationâ ⢠âAgreementâ also means âContractâ ⢠âBidderâ also means âproposerâ or âoffererâ ⢠âWork Codesâ indicate the types of work DBE firms are certified to perform It is the bidderâs responsibility to make work available to DBEs and select portions of work, services, or materiel needed from the Proposed form of Agreementâs, Exhibit A, Scope of Work. The required work, services and/or materiel must be relevant to the DBEs work codes to meet the contract goal for DBE participation in this solicitation or provide information to establish, that prior to bidding, the bidder made an adequate Good Faith Effort (GFE) to meet the goal. To be eligible for award of the Agreement, the bidder shall demonstrate that the contract goal for DBE participation was met or that, prior to bidding, an adequate GFE to meet the goal was made. Final determination of goal attainment or GFE by the bidder will be at Caltransâ discretion. Bidder is cautioned that even though its submittal indicates it will meet the stated DBE goal, its submittal should also include its GFE documentation along with DBE goal information to protect its eligibility for award of the Agreement in the event Caltrans, in its review, finds that the goal has not been met. It is the bidderâs responsibility to verify DBE certifications. II. SUBMISSION OF DBE INFORMATION AND PARTICIPATION In order to be considered a responsible and responsive bidder, the bidder must meet the contract goal and/or make a GFE to meet the contract goal for DBE participation as established for this Agreement (refer to Section III, DBE Certification Requirements, Section 4). Bidder shall submit the attached form(s). ⢠ADM-0227f, Disadvantaged Business Enterprise (DBE) Information ⢠ADM-0312f, Bidder/Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation. Bidder shall provide sufficient documentation to demonstrate adequate GFEs were made. For disqualification examples, refer to the Instructions to Bidder/Proposer on page 1 of the ADM-0312f. III. DBE CERTIFICATION REQUIREMENTS It is the bidderâs responsibility to be fully informed regarding the requirements of 49 CFR 26 and Caltransâ DBE Program developed pursuant to the regulations. Particular attention is directed to the following: 1. A DBE must be a small business firm defined pursuant to Section 3 of the Federal Small Business Act and certified through the California Unified Certification Program (CUCP). A DBE firm is a DBE certified through CUCP. In accordance with 49 CFR 26, the DBE must be certified by bid opening date of the Invitation for Bid (IFB), the Request for Proposal (RFP), or the Architectural and Engineering
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION AND INSTRUCTIONS FOR BIDDERS Kform15 (Rev. 06/2012) Page 2 of 11 ATTACHMENT 2 (A&E) Request for Quotations (RFQ), before credit may be considered toward meeting the DBE goal. It is the bidderâs (prime contractorâs) responsibility to verify that DBEs are certified by accessing the CUCP database. 2. The CUCP database includes DBEs certified from all certifying agencies participating in the CUCP. If a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. 3. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity (OBEO) web site at: http://www.dot.ca.gov/hq/bep/. ⢠Click on the blue DBE Search Click Here button ⢠Click on Click To Access DBE Query Form ⢠Searches can be performed by one or more criteria ⢠Follow instructions on the screen (read about NAICS definitions below) ⢠"Start Search", is located at the bottom of the query form, ⢠"Civil Rights Home" (OBEO), "Caltrans Home", and âInstructions/Tutorialâ links are located on top of the query page. MUST USE EITHER INTERNET EXPLORER 5.5 OR NETSCAPE 7 (OR GREATER) FOR THIS DATABASE. Resources to Obtain a List of Certified DBEs for Caltrans Solicitations Contractors bidding on Caltrans solicitations with a contract goal for DBE participation may contact the DBE supportive services consultant or obtain lists of certified DBEs from the CUCP database referenced above. NAICS Work Codes and Work Descriptions The North American Industry Classification System (NAICS) work codes are used to identify the type of work performed by DBEs. You will need to have the NAICS work code numbers before querying. The United States (US) Census Bureau has developed cross-references from Standard Industrial Classification (SIC) codes to the NAICS codes. Please visit the US Census Bureau web site for more information concerning work areas related to NAICS 237310 Highway, Street, and Bridge Construction, at the following location: http://www.census.gov/epcd/naics02/def/ND237310.HTM. How to Obtain a Quarterly List of Certified DBEs without Internet Access If you do not have Internet access, Caltrans also publishes a quarterly directory of certified DBE firms extracted from the on-line database. A copy of the quarterly directory of certified DBEs may be ordered from the Caltrans' Division of Procurement and Contracts/Materiel and Distribution Branch/Publication Unit by calling (916) 263-0822. 4. In order to be considered a responsible and responsive bidder, the bidder must meet the contract goal and/or make a Good Faith Effort to meet the contract goal for DBE participation established for the Agreement. The bidder can meet this requirement in one of two ways: a. Meet the contract goal and document commitments for participation by DBE firms. b. If the contract goal is not met or is partially met, the bidder must document an adequate GFE. 5. A bidder (prime contractor), who is not a certified DBE, will be required to document one or a combination of the following: a. The bidder will meet the contract goal for DBE participation through work performed by DBE subcontractors, suppliers, or trucking companies. b. Prior to bidding, the bidder made an adequate GFE to meet the contract goal for DBE participation. 6. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. 7. A certified DBE bidder not bidding as a joint venture with a non-DBE, is required to document one or more of the following: a. The DBE bidder will meet the goal by performing work with its own forces.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION AND INSTRUCTIONS FOR BIDDERS Kform15 (Rev. 06/2012) Page 3 of 11 ATTACHMENT 2 b. The bidder will meet the contract goal for DBE participation through work performed by DBE subcontractors, suppliers, or trucking companies. c. Prior to bidding, the bidder made adequate GFEs to meet the contract goal for DBE participation. 8. A DBE joint venture partner must be responsible for specific Agreement items of work, or portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. 9. The DBE joint venture partner must share in the capital contributions, control, management, risks and profits of the joint venture. The DBE joint venture must attach and submit the joint venture agreement with the ADM 0227F as instructed on page 2 of the form. 10. A DBE must perform a Commercially Useful Function (CUF), pursuant to 49 CFR 26, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible for materiel and supplies to be used on the Agreement for negotiating price, determining quality, and quantity, installing (where applicable), and paying for the material itself. 11. The bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in its bid/proposal and all DBE subcontractors must be listed in the bid/cost proposal list of subcontractors. 12. Any dollar amount of work, service or supplies proposed for DBE participation can be counted only once. That is, any further subcontracting or spending for DBE work, service or supplies already credited once for DBE participation cannot be counted again. 13. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the goal except that portion of the work to be performed by non-DBE subcontractors. 14. If the bidder performs and documents an adequate GFE to meet the goal, the award cannot be denied on the basis that the bidder failed to meet the goal. IV. CREDIT: MATERIEL â SUPPLIES â TRUCKING COMPANIES A. CREDIT FOR MATERIEL OR SUPPLIES PURCHASED FROM DBEs WILL BE AS FOLLOWS: 1. If the materiel or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materiel or supplies will count toward the DBE goal. 2. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materiel, supplies, articles, or equipment required under the Agreement and of the general character described by the Agreement. 3. If the materiel or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materiel or supplies will count toward the DBE goal. 4. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse or other establishment in which the materiel, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock and regularly sold or leased to the public in the usual course of business. 5. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business as provided in this paragraph if the person both owns and operates distribution equipment for the products. 6. Any supplementing of regular dealersâ own distribution equipment shall be a long-term lease Agreement and not on an ad-hoc or Agreement by Agreement basis. 7. Packagers, brokers, manufacturersâ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION AND INSTRUCTIONS FOR BIDDERS Kform15 (Rev. 06/2012) Page 4 of 11 ATTACHMENT 2 8. Credit for materiel or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commission charged for assistance in the procurement of the materiel and supplies or fees or transportation charges for the delivery of materiel or supplies required on a job site, provided the fees are reasonable and not excessive as compared with similar fees charged for services. The cost of materiel or supplies is not counted toward the DBE goal in this instance. B. CREDIT FOR DBE TRUCKING COMPANIES WILL BE AS FOLLOWS: 1. The DBE must manage and supervise the entire trucking operation for which it is responsible on a particular Agreement and there cannot be a contrived arrangement for the purpose of meeting the DBE goal. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Agreement. 3. The DBE will receive credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. 5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. A lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from being used by others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. 7. Leased trucks must display the name and identification number of the DBE. V. USE AND/OR TERMINATION OF PROPOSED DBEs If awarded the Agreement, the successful bidder must use the DBE subcontractor(s) and or supplier(s) proposed in its bid/proposal. The Contractor may not substitute, add or terminate a subcontractor, supplier or, if applicable, a trucking company, listed in the original bid/proposal without the prior written approval of the Contract Manager and only as allowable as specified in the Agreement. This includes work that a prime contractor can perform with its own forces, or with a non-DBE firm, or another DBE firm. Prior to the termination request, the prime contractor must notify the DBE, in writing, of the intent to terminate allowing for five days of response time in opposition of the rejection. The prime contractor must have good cause in which to terminate the DBE firm. A good cause includes: 1. The DBE fails or refused to execute a written contract. 2. The DBE fails or refuses to perform the work consistent with normal industry standards. 3. The DBE fails or refuses to meet the prime contractorâs nondiscriminatory bond requirements. 4. The DBE becomes bankrupt or has credit unworthiness. 5. The DBE is ineligible to work because of suspension and debarment. 6. It has been determined that the DBE is not a responsible contractor. 7. The DBE voluntarily withdraws, with written notification, from the contract. 8. The DBE is ineligible to receive credit for the type of work required. 9. The DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 10. Or other documented compelling reason.
STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION AND INSTRUCTIONS FOR BIDDERS Kform15 (Rev. 06/2012) Page 5 of 11 ATTACHMENT 2 The Contractor must make an adequate GFE to find another certified DBE subcontractor to substitute for the original DBE. The GFE shall be directed at finding another DBE to perform at least the same amount of work under the Agreement as the DBE that was substituted or terminated to the extent needed to meet the established contract goal for DBE participation. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions after award of the Agreement. Substitutions of DBEs after award must be certified at the time of the substitution or addition. VI. AWARD Award of the Agreement will be in accordance with the respective solicitation. The bidder awarded the Agreement shall be responsible for implementing the applicable requirements of 49 CFR 26 in performance of the Agreement. The bidder awarded the Agreement shall complete and submit ADM-3069, Disadvantaged Business Enterprises Utilization Report with each invoice as required in the Proposed form of Agreementâs Exhibit B, Budget Detail and Payment Provisions and Exhibit D, Special Terms and Conditions.
ATTACHMENT 2 STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION ADM-0227f (Rev. 06/2012) Page 6 of 11 (CONTRACTS FEDERALLY FUNDED IN WHOLE OR IN PART) Attachment 2 PART A â CONTRACTORS INFORMATION (Refer to Instructions on Page 2 of this form. Bidder/Proposer shall ensure all information provided is complete and accurate.) CONTRACTORâS BUSINESS NAME AGREEMENT NUMBER CONTRACT DOLLAR AMOUNT DATE CONTRACTORâS BUSINESS ADDRESS CITY STATE ZIP CODE CONTACT PERSON BUSINESS PHONE FAX NUMBER EMAIL ADDRESS ( ) ( ) PART B â DBE INFORMATION AND DOCUMENTATION (Refer to Instructions in Page 2 of this form. Bidder/Proposer shall verify DBE certifications.) Contractor shall attach a copy of the bid (or price quote) from the DBE (on the DBEâs Letterhead) for all DBEs listed below. (1) Prime and Subcontractors: List Name(s) and addresses of all DBEs that will participate in this Agreement: (2) Area Code & Phone Number (3) Tier (4) Description of Work, Service, or Materiel Supplied (5) DBE or CUCP Certification Number. (6) Ownership Code (7) DBE $ Amount Claimed (8) % of $ Value Claimed (9) Caltrans Use Only % PART C â FOR CALTRANS USE ONLY (Verification Completed by Civil Rights, Office of Business and Economic Opportunity): PRINT VERIFIERâS NAME AND TITLE SIGNATURE DATE CIVIL RIGHTS STAMP OF APPROVED DBE PARTICIPATION YES ( %) NO
ATTACHMENT 2 STATE OF CALIFORNIA ⢠DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION ADM-0227f (Rev. 06/2012) Page 7 of 11 AUTHORITY: Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) INSTRUCTIONS FOR COMPLETING FORM ADM-0227f (Please Type or Print Legibly): PART A â CONTRACTOR INFORMATION CONTRACTORâS BUSINESS INFORMATION: Bidderâs/Proposerâs Business Name, Address, City, State, Zip Code, Contact Person, Business Phone, Fax Number, and Email Address. Agreement Number: The Agreement number is the same number as the Invitation for Bid (IFB) or Request for Proposal (RFP) number. CONTRACT DOLLAR AMOUNT: Total dollar amount that Contractor proposes to accomplish the Agreement. Date: Date this form is completed. PART B â DBE INFORMATION AND DOCUMENTS PRIME: Complete if Prime is a certified DBE. Sub- Complete if the Subcontractor(s)/Supplier(s) are certified DBE. Please make and attach additional copies of page 1 Contractor if needed. Attach a copy of the bid (or price quote) from the DBE (on the DBEâs Letterhead) for all DBEs listed. Column 1 Enter the names (includes all certified DBE Prime and Subcontractors) and complete addresses of all certified DBE Contractor/Subcontractor/Supplier(s) that will be used in the Agreement. Column 2 Enter the area code and phone number of the corresponding certified DBE listed in Column 1. Column 3 Enter the Contracting Tier number for each DBE correspondingly listed in Column 1: 0 = Prime or Joint Consultant, 1 = Primary Subcontractor, 2 = Subcontractor/Supplier of level 1 Primary Subcontractor. Column 4 Enter a description that briefly captures the work to be performed or supplies to be provided by each corresponding DBE firm listed in Column 1. Column 5 Enter the DBE or CUCP Certification Number for the corresponding DBE listed in Column 1. Self-certification is NOT acceptable. DBEs must be certified by the submittal date identified in the IFB or RFP. For more certification and verification information, refer to the IFBâs or RFPâs Notice to Bidders/Proposers Disadvantaged Business Enterprise (DBE) Program and Participation Goal. Column 6 Enter the correct Ownership Code number below for the corresponding DBE listed in Column B. 1 = Black American 4 = Asian-Pacific American 7 = Woman 2 = Hispanic American 5 = Subcontinent Asian American 8 = Other 3 = Native American 6 = Caucasian 9 = Not Applicable Column 7-8 Enter the dollar and/or percentage (%) of the dollar ($) value claimed for each corresponding DBE listed in Column 1. EXAMPLE: PART B â DBE INFORMATION AND DOCUMENTATION (Refer to Instructions in Page 2 of this form. Bidder/Proposer shall verify DBE certifications.) (1) List Name(s) and addresses of all DBEs that will participate in this Agreement: (2) Area Code & Phone Number (3) Tier (4) Description of Work, Services, or Materiel Supplied (5) DBE or CUCP Certification Number. (6) Ownership Code (7) DBE $ Amount Claimed (8) % of $ Value Claimed (9) Caltrans Use Only % 1B Jane Prime Inc., 1234 Janeâs Street, Janeâs City, CA, 04321 (XXX) 000- 1111 0 Project management XXXXXXXX 7, 5 48,000 48% 2B Joe Subcontractor Inc., 4567 Joeâs Street, Joeâs City, CA, 07654 (XXX) 111- 0000 1 Design, surveys, environmental testing 0000000000 00 6 42,000 42% Supplier International LLC, 1100 X Street, Supplierâs City, CA, 45670 (111) XXX- 0001 2 Survey instruments, testing materials 1111111111 11 3 10,000 10% ADDITIONAL INFORMATION: ⢠Form ADM-0312f should be submitted with the ADM-0227f to demonstrate good faith efforts (GFE) AND protect bidderâs/proposerâs eligibility for contract award in the event Caltrans determines the bidder/proposer failed to meet the DBE goal. ⢠A DBE joint venture partner shall submit the joint venture agreement with the form ADM-0227f. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
ATTACHMENT 2 STATE OF CALIFORNIA ï DEPARTMENT OF TRANSPORTATION BIDDER/PROPOSER DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOOD FAITH EFFORTS DOCUMENTATION ADM-0312f (REV 06/2012) Page 8 of 11 CONTRACTORâS NAME IFB OR RFP OR RFQ NUMBER DATE BIDDER/PROPOSER INSTRUCTIONS: Submittal of only the Disadvantaged Business Enterprise (DBE) Information/Participation form, ADM-0227f, may not provide sufficient documentation to demonstrate that adequate good faith efforts (GFE) were made by the bidder/proposer. Bidder/proposers prosing goal attainment should always submit documentation for making GFE to protect its eligibility for award should Caltrans, in its evaluation, find that the goal was not met. Examples of disqualification may include but are not be limited to: 1) A DBE subcontractor was not certified by Caltrans or a state or local participating agency that has a reciprocal agreement with Caltrans, by the bid/proposal due date and time; or 2) Bidder/proposer made a mathematical error resulting in failure to meet the goal. Bidder/Proposer must make an adequate GFE to be responsive. When applying for a determination of a GFE when no contract goals have been attained or when only partial goal(s) have been attained, bidders/proposers shall complete this Bidder/Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation form, ADM-0312f, and submit the requested information below with its bid by the bid due date and time. Bidder/Proposer is responsible to: (1) ensure information is complete and accurate, and (2) verify DBE certifications. 1. ADVERTISEMENT DOCUMENTATION List names and dates of each general circulation newspaper, trade paper and minority focused paper or other publication in which a request for DBE participation was placed. Attach a copy of the advertisement or proof of publication. TITLE OF PUBLICATION PUBLICATION DATE(S) TITLE OF PUBLICATION PUBLICATION DATE(S) 2. DBE DOCUMENTATION a. List the names and dates of written notices sent to certified DBE firms soliciting bids for the contract. b. List the dates and methods used for following up initial solicitations to determine with certainty whether or not the DBEs were interested. c. Attach a copy of any solicitation package, phone records, fax confirmations or solicitation follow-up correspondence sent to DBE firms. d. Identify information submitted to the bidder for this solicitation: Check the appropriate box: IFB RFP RFQ SOLICITATION DATE MAILED DATE PHONED DATE OF FOLLOW-UP FOLLOW-UP METHOD PHONE/EMAIL NAME OF FIRM SOLICITED CONTACT NAME PHONE NUMBER
ATTACHMENT 2 STATE OF CALIFORNIA ï DEPARTMENT OF TRANSPORTATION BIDDER/PROPOSER DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOOD FAITH EFFORTS DOCUMENTATION ADM-0312f (REV 6/2012) Page 9 of 11 CONTRACTORâS NAME IFB OR RFP OR RFQ NUMBER DATE 2. DBE DOCUMENTATION (Continued) SOLICITATION DATE MAILED DATE PHONED DATE OF FOLLOW-UP FOLLOW-UP METHOD PHONE/EMAIL NAME OF FIRM SOLICITED CONTACT NAME PHONE NUMBER 3. ITEMS OF WORK Identify the items of work made available to DBE firms, including, where appropriate, any breakdown of the contract work into economically feasible units to facilitate DBE participation. Bidder/Proposer shall demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. ITEMS OF WORK: BREAKDOWN OF ITEMS:
ATTACHMENT 2 STATE OF CALIFORNIA ï DEPARTMENT OF TRANSPORTATION BIDDER/PROPOSER DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOOD FAITH EFFORTS DOCUMENTATION ADM-0312f (REV 06/2012) Page 10 of 11 CONTRACTORâS NAME IFB OR RFP OR RFQ NUMBER DATE 4. DBE RESPONSES List the DBE firms that responded or submitted bids/proposals to your solicitation for participation in this contract that were not accepted. Provide a summary of your discussion and/or negotiations with each, the name of the firm selected for that portion of work, and the reasons for your choice. Attach copies of quotes from DBE firms contacted DBE FIRM NAME PHONE NUMBER RESPONDED SELECTED GIVE REASON FOR NON-SELECTION AND A SUMMARY OF DISCUSSIONS YES NO YES NO 5. ASSISTANCE TO DBEs â Bonding, Insurance, etc. Identify efforts to assist DBEs in obtaining bonding, lines of credit, insurance, and/or any technical assistance related to requirements for the work or for plans and specification provided to DBEs.
ATTACHMENT 2 STATE OF CALIFORNIA ï DEPARTMENT OF TRANSPORTATION BIDDER/PROPOSER DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOOD FAITH EFFORTS DOCUMENTATION ADM-0312f (REV 06/2012) Page 11of 11 CONTRACTORâS NAME IFB OR RFP OR RFQ NUMBER DATE 6. ASSISTANCE TO DBEs â Equipment/Materials, etc. Identify efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. 7. ADDITIONAL DATA Provide any additional data to support a demonstration of GFE such as contacts with DBE assistance agencies. Identify the names of agencies, organizations, and groups providing assistance in contacting, recruiting, and using DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet pages, etc. NAME OF AGENCY/ORGANIZATION METHODS/DATE OF CONTACT RESULTS ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacrament, CA 95814.
Invitation For Bid Attachment 3 IFB Number 06A1964 Page 1 of 4 ATTACHMENT 3 CONTRACTOR CERTIFICATION CLAUSES CCC-307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against
Invitation For Bid Attachment 3 IFB Number 06A1964 Page 2 of 4 Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firmâs offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractorâs records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractorâs compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code Section 10295.3.
Invitation For Bid Attachment 3 IFB Number 06A1964 Page 3 of 4 DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
Invitation For Bid Attachment 3 IFB Number 06A1964 Page 4 of 4 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
Invitation For Bid Attachment 4 IFB Number 06A1964 Page 1 of 1 ATTACHMENT 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS This document must be notarized. STATE OF CALIFORNIA ) ) SS COUNTIES OF Monterey, San Benito San Luis Obispo, Santa Barbara, Santa Cruz, Madera, Fresno, Tulare, Kings, Kern, Riverside, San Bernardino, Mono, Inyo, Amador, San Joaquin, Stanislaus, Merced, Mariposa, Tuolumne, Calaveras and Alpine ) , being first duly sworn, deposes and says that he or she is of (position or title) (the bidder) The party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Dated: By (person signing for bidder)
Invitation For Bid Attachment 5 IFB Number 06A1964 Page 1 of 2 ATTACHMENT 5 BID/BIDDER CERTIFICATION SHEET Only an individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. This Bid/Bidder Certification Sheet must be signed and returned along with all "required attachments" as an entire package with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions. A. Our all-inclusive bid is submitted in a sealed envelope marked âBid Submittal - Do Not Openâ. B. All required attachments are included with this certification sheet. C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. D. The signature and date affixed hereon certifies that this bid is a firm offer for a 90-day period. An Unsigned Bid/Bidder Certification Sheet May Be Cause for Bid Rejection 1. Company Name 2. Telephone Number 2a. Fax Number ( ) ( ) 3. Address Indicate your organization type: 4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. Indicate applicable license and/or certification information: 9. Contractorâs State Licensing 10. PUC License Number 11. Required Board Number CAL-T- 12. Bidderâ Name (Print) 13. Title 14. Signature 15. Date 16. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as: a. Small Business Enterprise Yes No If yes, enter certification number: b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below: NOTE: A copy of your Certification is required to be included if either of the above items is checked âYesâ. Date application was submitted to OSDS, if an application is pending: _________________ 17. Are you a Non-Small Business committing to the use of 25% Certified Small Business Subcontractor Participation? Yes No If Yes, complete and return the Bidder Declaration form, GSPD-05-105 with your bid.
Invitation For Bid Attachment 5 IFB Number 06A1964 Page 2 of 2 Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Numbers Instructions 1, 2, 2a, 3 Must be completed. These items are self-explanatory. 4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business. 5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit. 6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. 7 Enter your federal employee tax identification number. 8 Enter your corporation number assigned by the California Secretary of Stateâs Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. 9 Complete if your firm holds a California contractorâs license. This information will used to verify possession of a contractorâs license for public works agreements. 10 Complete if your firm holds a PUC license. This information will be used to verify possession of a PUC license for public works agreements. 11 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. 12, 13, 14, 15 Must be completed. These items are self-explanatory. 16 If certified as a Small Business Enterprise, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to the Department of General Services, Office Small Business and DVBE Services. To get certified, go to http://www.pd.dgs.ca.gov/smbus/default.htm 17 Check the applicable box. Complete and return GSPD-05-105 with your Bid.
Invitation For Bid Attachment 6 IFB Number 06A1964 Page 1 of 1 ATTACHMENT 6 Invitation for Bid (06A1964) BIDDERâS ACKNOWLEDGEMENT OF PREVAILING WAGE REQUIREMENTS __________________________ acknowledges that State General Prevailing Wage Rates will Print Name of Bidder apply for the Counties of Monterey, San Benito San Luis Obispo, Santa Barbara, Santa Cruz, Madera, Fresno, Tulare, Kings, Kern, Riverside, San Bernardino, Mono, Inyo, Amador, San Joaquin, Stanislaus, Merced, Mariposa, Tuolumne, Calaveras and Alpine. If awarded this Agreement, I acknowledge it will be my responsibility to ensure the payment of appropriate prevailing wages rates to all employees who participate on this Agreement throughout the duration of this Agreement. ________________________________ _________________ Bidderâs Signature Date
Invitation For Bid Attachment 7 IFB Number 06A1964 Page 1 of 1 Attachment 7 Darfur Contracting Act Instructions: Complete, as applicable, and submit with bid. Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal. OPTION #1 - CERTIFICATION If your company has not, within the previous three years, had any business activities or other operations outside of the United States, complete and sign this section and submit with bid package. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below has not, within the previous three years, had any business activities or other operations outside of the United States. b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California. Company/Vendor Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing OPTION #2 - CERTIFICATION If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California. Company/Vendor Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County and State of OPTION #3 â WRITTEN PERMISSION FROM DGS Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. Company/Vendor Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County and State of
Invitation For Bid IFB Number 06A1964 Page 1 of 5 ATTACHMENT 8 BIDDERâS QUALIFICATION PACKAGE Title Page Please follow Instructions in IFB Package Required Format Bidderâs Name:_________________________________________________________________ Bidderâs Address:_______________________________________________________________ Bidderâs Telephone Number:__________________________________________________________________ Bidderâs after-hours emergency telephone number:__________________________________________________________________ Bidderâs Fax telephone number:________________________________________________
Invitation For Bid IFB Number 06A1964 Page 2 of 5 ATTACHMENT 8 BIDDERâS QUALIFICATION PACKAGE PART 1: BIDDERâS PAST CONTRACT EXPERIENCE Include appropriate experience for both the Bidder and any proposed subcontractors using the format below for each project identified. Please include the name and current telephone number of a client representative who is familiar with the project and can attest to the participation, quality of work and timeliness of the proposer or subcontractor in performing the work. DOCUMENTATION OF PAST CONTRACT EXPERIENCE Submitted by:_____________________________________________________________________ Project name/location:_____________________________________________________________ Name of client (owner or prime contractor):________________________________________________________________ Client contact and current telephone number:__________________________________________________________________ Identify personnel who worked on this project:___________________________________________________________________ Name of Regulatory Oversight Agency â Region:___________________________________________________________________ Type of hazardous waste:___________________________________________________________________ Date work was completed:________________________________________________________________ Description of the project and your firmâs participation, including details requested in this IFB (use as much space or pages as necessary): If reports were generated for this project, please list the types of reports and describe the contents:
Invitation For Bid IFB Number 06A1964 Page 3 of 5 ATTACHMENT 8 BIDDERâS QUALIFICATION PACKAGE PART 2: DOCUMENTATION OF CURRENT CONTRACTORâS CAPABILITIES Firm Name and address: Year Firm Established Other offices to perform work: Personnel by Discipline (List each person only once, by primary functions) Administrative Electrical Engineers Mining Engineers Field & Laboratory Technicians Architects Environmental Engineers Planners: Urban/Regional Asbestos/Lead Surveyors Chemical Engineers Environmental Scientist Sanitary Engineers Technical Assistants Civil Engineers Geologist Soils Engineers Constructions Inspectors Hydrologists Specification Writers Draftsmen Industrial Hygienists Structural Engineers Ecologists Landscape Architects Surveyors Economists Mechanical Engineers Toxicologist Total Personnel Key Personnel and Project Assignment (attach 1 resume for each person named) Certified Laboratories, and Certified Equipment Owned by Firm (include certification or license number, date, and expiration date) California certification only Contract Task To Be Performed By Firm (by category or bid item number) Organization Chart to be attached (See attached organization chart and resumes.)
Invitation For Bid IFB Number 06A1964 Page 4 of 5 ATTACHMENT 8 BIDDERâS QUALIFICATION PACKAGE PART 3: Subcontractors Provisions/List ADM 1511 The Bidder shall list all proposed subcontractors on Attachment 9 Subcontracting Provisions/List ADM 1511, with a Headquarters address, name of contact person, phone number, and area of expertise.
Invitation For Bid IFB Number 06A1964 Page 5 of 5 ATTACHMENT 8 BIDDERâS QUALIFICATION PACKAGE Part 4: Subcontractor Qualification Statement Include appropriate experience for both the Contractor and any proposed subcontractors using the format below for each project identified. Please include the name and current telephone number of a client representative who is familiar with the project and can attest to the participation, quality of work and timeliness of the proposer or subcontractor in performing the work. DOCUMENTATION OF PAST CONTRACT EXPERIENCE Submitted by:_____________________________________________________________________ Project name/location:_____________________________________________________________ Name of client (owner or prime contractor):________________________________________________________________ Client contact and current telephone number:__________________________________________________________________ Identify personnel who worked on this project:___________________________________________________________________ Name of Regulatory Oversight Agency â Region:___________________________________________________________________ Type of hazardous waste:___________________________________________________________________ Date work was completed:________________________________________________________________ Description of the project and your firmâs participation, including details requested in this IFB (use as much space or pages as necessary): If reports were generated for this project, please list the types of reports and describe the contents:
Invitation For Bid IFB Number 06A1964 Page 1 of 1 ATTACHMENT 9 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION SUBCONTRACTING PROVISIONS/LIST Form ADM 1511 (REV. 9/06) List all subcontractors that will be used in this Agreement. All subcontractors listed below must be used in accordance with the Agreement. This includes, if applicable, compliance with the subcontracting provisions and any Disabled Veteran Business Enterprise (DVBE), Small Business, Micro-Business, and Disadvantaged Business Enterprises (DBE) subcontractors. If none, bidder to write âNONEâ in this space. NAME BUSINESS ADDRESS DESCRIPTION OF PORTION OF WORK WHICH WILL BE DONE BY EACH CONTRACTOR*
Invitation For Bid IFB Number 06A1964 Page 1 of 1 ATTACHMENT 10 Invitation for Bid No. 06A1964 ATTACHMENT CHECKLIST A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid package. Place a check mark or âXâ next to each item that you are submitting to Caltrans. All attachments identified below (unless noted otherwise) are required and must be returned as instructed or your bid may be considered non- responsive. Return the Attachment Checklist with your bid package. Attachments Attachment Name/Description Attachment 1 Bid Proposal, ADM 1412 Attachment 2 Disadvantaged Business Enterprise (DBE) Program Attachment 3 Contractor Certification Clauses (CCC 307). The CCC 307 can also be found on the Internet at http://www.dgs.ca.gov/contracts. Page one (1) must be signed and submitted prior to the award of the contract. Attachment 4 Non-Collusion Affidavit for Public Works (must be notarized) Attachment 5 Bid/Bidder Certification Sheet Attachment 6 Bidderâs Acknowledgement of Prevailing Wage Requirements Attachment 7 Darfur Contracting Act Attachment 8 Documents required by Bidders Qualification Package, resume and required licenses Attachment 9 Subcontractors Provision List/ /ADM 1511 Attachment 10 Attachment Checklist ________ Copies of (list) required licenses and certification Note: The Bidder shall submit four completed Bid Packages.
STATE OF CALIFORNIA Department of Transportation STANDARD AGREEMENT IFB Number06A1964 STD 213 (Rev 09/01) ATTACHMENT #11 Proposed Form of Agreement AGREEMENT NUMBER 06A1964 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Transportation CONTRACTORâS NAME TBD 2. The term of this 05/23/14 or upon Caltrans approval, whichever is later through 08/31/17 Agreement is: 3. The maximum amount TBD of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits/attachments which are by this reference made a part of the Agreement. Exhibit A â Scope of Work 37 Pages Exhibit B â Budget Detail and Payment Provisions 9 Pages Exhibit C* â General Terms and Conditions (Electronic File: GTC 610) Exhibit D - Special Terms and Conditions 10 Pages Exhibit E â Additional Provisions 9 Pages Exhibit F â FHWA 1273 Requirements 21 Pages Attachment 1 - Bid Proposal (attached at time of award) 12 Pages Attachment 2 â Subcontractor Provisions/List (ADM 1511) (attached at time of award) Pages Attachment 3 â DBE Participation (ADM-0227f) (attached at time of award) Pages Attachment 4 - Disadvantaged Business Enterprises Utilization Report (ADM-3069) 2 Pages Attachment 5 - List of Labor Compliance Offices 1 Page Attachment 6 Federal Prevailing Wages can be viewed at http://www.wdol.gov/dba.aspx#3 Attachment 7- Sample Task Order 1 Page Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at http://www.dgs.ca.gov/ols/Home.aspx. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTORâS NAME (if other than an individual, state whether a corporation, partnership, etc.) BY (Authorized Signature) ï¿ DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS STATE OF CALIFORNIA AGENCY NAME Department of Transportation(Caltrans) BY (Authorized Signature) ï¿ DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Carla D. Briseno, Contract Officer PCC 10295 (c) (2) S&H 135 & S&H 136.5 ADDRESS 1727 30th Street, MS-65 Sacramento, CA 95816 Note to Bidders: The following pages represent a sample of the Agreement that will be awarded, if any, from this IFB. Please review it carefully and present any questions in writing to the contact identified for this IFB.
Contractor's Name Agreement Number 06A1964 Page 1 of 37 EXHIBIT A Public Works - Federal SCOPE OF WORK 1. Contractor agrees provide the California Department of Transportation (Caltrans) with immediate and emergency hazardous material/waste, underground tank, container, and drum removal, discovered during Caltrans construction projects. The Contractor shall furnish all tools, materials and equipment necessary to provide emergency and routine removal of underground tanks and hazardous material discovered within Caltrans highway right of way during highway project construction. This multi-provider Agreement authorizes the Contractors identified in Section 9B to provide these services for various Caltrans Districts as set forth in Section 2 below. Services shall be performed on an on-call and as-needed basis as requested by the Caltrans Contract Manager or his/her designee within the specified regions through the issuance of Task Orders. 2. The services shall be performed in the following Caltrans Districts. The Districts shall include the following counties: A. District 5 1) Monterey 2) San Benito 3) San Luis Obispo 4) Santa Barbara 5) Santa Cruz B. District 6 1) Madera 2) Fresno 3) Tulare 4) Kings 5) Kern C. District 8 1) Riverside 2) San Bernardino D. District 9 1) Mono 2) Inyo
Contractor's Name Agreement Number 06A1964 Page 2 of 37 EXHIBIT A Public Works - Federal E. District 10 1) Amador 2) San Joaquin 3) Stanislaus 4) Merced 5) Mariposa 6) Tuolumne 7) Calaveras 8) Alpine 3. Background Historically, Caltrans has found hazardous waste and underground storage tanks during highway construction. In the event hazardous materials, waste or underground tanks are discovered, the Contractor shall develop a corrective action plan and implement the plan in compliance with County, State, Federal, Cal OSHA laws and regulations and the requirements of this Agreement. 4. This three-year Agreement will commence May 23, 2014 as presented herein or upon approval by Caltrans, whichever is later and no work shall begin before that time. This Agreement is of no effect unless approved by Caltrans. The Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by the Contract Manager. This Agreement shall expire on August 31, 2017. The services shall be provided during working hours, Monday through Friday, except holidays. The parties may amend this agreement as permitted by law. 5. All inquiries during the term of this Agreement will be directed to the project representatives listed below. Contractor shall provide advance written notice and receive advance written approval by the Caltrans Contract Manager, without the necessity of an amendment, before changing the Project Manager noted below.
Contractor's Name Agreement Number 06A1964 Page 3 of 37 EXHIBIT A Public Works - Federal Department of Transportation Contractor: Section/Unit: Environmental/HW Section/Unit: Contract Manager: Project Manager: TBD Address: 855 M Street, Suite 200 Address: Fresno, CA 93721 Bus. Phone No.: Bus. Phone No.: Fax No: Fax No: 6. Description of Work The Contractor shall remove hazardous material/waste, underground storage tanks, pipes, appurtenances, or other subsurface structures encountered during Caltrans construction projects. To address the immediate need for and take action to identify, evaluate, and remove hazardous material/waste and/or underground storage tank, container, or drum during Caltrans construction projects, the Contractor shall provide personnel, equipment, materials, transportation and facilities to identify, test, evaluate, stabilize, treat, remove, transport, recycle, dispose of hazardous materials/waste, underground storage tanks, containers and drums from within the limits of Caltrans highway right of way and any hazardous waste releases originating on the Caltrans right of way that have migrated beyond the limits of Caltrans highway right of way in accordance with the requirements of this Agreement. 7. Request for Services (Task Order) Services under this Agreement will be requested through a Task Order prepared by the Caltrans Task Order Manager following the procedures described herein. (See Sample Task Order, Attachment 7.) Task Orders are subject to the requirements of this Agreement. All provisions of this Agreement apply to all Task Orders, whether made in writing or by telephone. In the event a Task Order is made by telephone, the request will be confirmed in writing via Task Order by the Caltrans Task Order Manager within five working days. No Contractor expenditures are authorized under this Agreement unless specifically requested by Caltrans Task Order Manager in a Task Order. Caltrans shall assign a Caltrans Task Order Manager for each Task Order. The Caltrans Task Order Manager will be identified in each Task Order and is responsible for overseeing the Task Order work, answering questions from the Contractor, serving as the liaison between the Contractor and the Resident Engineer on the construction project, and making decisions regarding work under a Task Order. 8. Method for Assigning Task Orders A) Task orders will first be assigned to the Contractor with the lowest total price for the specified bid line items required for that Task Order. The lowest total price will be computed by Caltrans for each Task Order and is based upon the sum of all the bid prices for each applicable line item in the Bid Proposal, Attachment 1 multiplied by the quantity utilized for the Task Order. A sample computation for a Task Order is shown below:
Contractor's Name Agreement Number 06A1964 Page 4 of 37 EXHIBIT A Public Works - Federal Bid Item Description Rate Quantity $ Amount 1 Develop a routine Work Plan hour 8 $500 6 Mob/Demob Hollow Stem Drilling Rig site 2 $2,400 7 Hollow Stem Auger Drilling/backfilling feet 100 $3,000 23 Soil Sampling sample 10 $150 26 Registered Geologist hour 8 $1,000 29 Non-Registered Professional hour 24 $1,680 31 Lab Analysis â Modified Gasoline 8014 test 10 $300 Total $9,030.00 B) If the Contractor offering the lowest total price for the Task Order is unable to perform the work, the Contractor with the next lowest total price for the Task Order will be called in ascending order, from second lowest to highest bid price. Caltrans will utilize the same computation method provided in Section 9 A to determine the next lowest total price for a Task Order. List of Contractors . C) The Contractor assigned a Task Order must notify the Caltrans District Hazardous Waste Coordinator within twenty-four hours whether it can perform the work within the time set forth in the Task Order. If that Contractor is unable to perform the work within the Task Order schedule, the Task Order will be assigned to the Contractor with the next lowest total price for the Task Order using the computation method provided in Section 9 A and so on in ascending order, from the second lowest to highest bid price.
Contractor's Name Agreement Number 06A1964 Page 5 of 37 EXHIBIT A Public Works - Federal D) The Contractorâs ability to accept any additional work will be measured by the Caltrans Task Order Manager according to the Contractorâs available resources, and the time requirements set by the Caltrans District Task Order Manager for completion of the work. E) Before accepting a Task Order, the Contractor must be capable of reporting to the construction site to meet the Caltrans Resident Engineer or the Caltrans District Hazardous Waste Coordinator within two business days after notification of award of the Task Order. The Contractor must then commence work within two business days after meeting with the Caltrans Resident Engineer or the Caltrans District Hazardous Waste Coordinator. The above referenced time may be lengthened at the sole discretion of the Caltrans Resident Engineer or Caltrans Task Order Manager. F) Any Contractor who accumulates a backlog of two Task Orders for which work has not commenced by the date set in the Task Order will not receive any additional Task Orders from the Caltrans Task Order Manager until the backlog of work is completed. All new Task Orders for services will be issued to the Contractor with the next lowest total price for the Task Order using the process set forth in Section 9 A. G) Task Orders may not be used to amend the Agreement, to extend beyond the termination date of this Agreement, or to exceed the scope of this Agreement. 9. Extra Work A) Caltrans may need to amend a Task Order to add Extra Work. For purposes of this Agreement, "Extra Work" is defined as unanticipated work under the general scope of work under this Agreement that is encountered on the construction site and such work is not included in Bid Items set forth in Attachment 1, Bid Proposal. Bid item number 95 is reserved as an estimate for the extra work costs throughout the life of this Agreement. B) To assign Extra Work, the Caltrans Task Order Manager will first ask the Contractor with the lowest bid price for the Task Order to bid on the Extra Work. If the Extra Work comprises fifty percent or more than the cost of the existing Task Order for that site, the Extra Work will be offered to all contractors to bid for the Extra Work. The bid price for Extra Work shall include compensation for all labor, equipment, supplies, travel, per diem, mileage, overhead and profit. Bids that are not responsive to the Extra Work offer, that lack sufficient itemization of the bid costs, or are not provided within the time limit set by the Caltrans Task Order Manager, shall not be considered for assignment of the Extra Work Task Order. If the Extra Work cost is less than fifty percent of the cost of the existing Task Order, then the Extra Work shall be offered to the Contractor assigned to that Task Order and the Task Order amended to include the cost of the Extra Work.
Contractor's Name Agreement Number 06A1964 Page 6 of 37 EXHIBIT A Public Works - Federal 10. Scope of Services A) The Contractor, as requested by the Caltrans Task Order Manager, shall remove hazardous materials/waste, underground tanks, containers, and drums found during Caltrans construction projects along Caltrans right of way. B) According to the terms of this Agreement, and within the time frame designated by Caltrans Task Order Manager in a Task Order, the Contractor shall furnish all necessary personnel, including appropriately licensed, registered and trained professionals and technicians, incidentals, equipment, materials, transportation and facilities to identify, evaluate, treat, remove, haul, dispose and/or mitigate hazardous materials/waste and/or underground tanks, containers, and/or drums from within the limits of the designated State controlled properties. The provisions of this Agreement will prevail in the event of inconsistencies between the Caltrans Task Order and the terms of this Agreement. C) As required by a Task Order, the Contractor will identify, neutralize, contain, collect, treat, remove, haul and dispose of chemicals, hazardous substances, other spilled materials, containers, drums, and underground tanks including contaminated surfaces, water and soil. The requested work may include such items as preparation of work plans and health and safety plans, sampling of unknown wastes, determining dimensional limits of waste, performing field screening tests, providing health and safety training, undertaking field monitoring for health and safety, providing laboratory services, and reporting on field and laboratory results. The Caltrans Task Order Manager has full authority to direct adjustments and changes in the services to be performed by the Contractor within this Agreement Scope of Work under specific Task Orders. D) The Contractor must provide the required services in conformance with the highest industry standards. E) The Contractor may encounter certain site-specific conditions that cannot reasonably be foreseen by Caltrans at the time work is assigned in a Task Order. Where these circumstances is confirmed by the Caltrans Task Order Manager, the parties may amend the Task Order to pay for the additional work at the bid price. 11. General Work Requirements When a Task Order is issued by Caltrans Task Order Manager, the Contractor shall be directed to undertake any or all of the following types of work: A) Identifying the hazardous material/waste problem and securing the area as needed B) Delineating the exclusion zone/support zones C) Developing investigation plans, health and safety plans, and cost and time estimates D) Identifying contaminants using field screening instruments or tests E) Monitoring health and safety during field work, as appropriate
Contractor's Name Agreement Number 06A1964 Page 7 of 37 EXHIBIT A Public Works - Federal F) Obtaining samples for laboratory analysis G) Reporting findings and recommending remedial actions. H) Treating, removing, hauling and disposing of hazardous waste, as necessary I) Recommending follow-up actions J) Provide reports for use by regulatory agencies necessary to conduct hazardous waste operations K) Making prompt communications with the Caltrans Resident Engineer and Caltrans Task Order Manager on all critical issues relating to performing the requested work L) Maintaining a daily log to document detailed work activities 12. Standards for Performing Work A) All elements of the work performed by the Contractor must meet all legal requirements set by the pertinent local, State and Federal regulatory agencies, as well as the highest standards in the industry. Deviations from legal requirements or industry standards must be approved in writing in advance by the Caltrans Contract Manager; such deviations from legal requirements or industry standards may also require written regulatory agency approval. The investigative techniques (drilling methods, sampling plan, sample handling procedures, analytical methods and equipment) must be acceptable to all pertinent local, State and Federal regulatory agencies, and Caltrans. Failure to comply with the with this subsection may result in either termination of the Task Order or termination of the Agreement for Default per Exhibit D, section 2. B) The Caltrans Task Order Manager my obtain third party review of the Contractorâs recommendations and findings from its investigation of the site. Third parties may include, but not be limited to, the responsible regulatory agency. Should the Contractorâs findings or recommendations not comply with the requirements of this Agreement, including but not limited to, compliance with applicable local, State and Federal regulatory agency requirements or the highest industry standards, Caltrans may require the Contractor to revise the findings or recommendations. If the Contractor fails to revise the findings or recommendations in compliance with this section, then Caltrans may terminate the Task Order or terminate the Agreement for Default, per Exhibit D, section 2; the Contractor will only receive reimbursement for Task Order work that is completed and approved by the Caltrans Task Order up to the date of termination. If a Task Order is terminated, the Contractor shall provide the Caltrans Task Order Manager with all records, maps, and any other material generated or gathered under the Task Order. Under the direction of the Caltrans Task Order Manager, all samples of hazardous material or potential hazardous material in the possession of the Contractor or any subcontractor shall be disposed of in compliance with all applicable local, State and Federal laws and regulations.
Contractor's Name Agreement Number 06A1964 Page 8 of 37 EXHIBIT A Public Works - Federal C) If a Task Order is terminated pursuant to section 13 A or B, Caltrans may issue a new Task Order for the remaining work to be performed under the Task Order to the next lowest priced Contractor pursuant to the procedure set forth in section 9 A, above. D) Before beginning any invasive work that involves disturbance of the ground beyond surface sampling, the Contractor shall obtain an inquiry identification number from the appropriate Underground Service Alert (USA) notification center. The Contractor shall provide the inquiry identification number to Caltrans Task Order Manager Caltrans Resident Engineer and will maintain the number in the Contractorâs project file. E) The Caltrans Task Order Manager shall be notified at least twenty-four hours before commencement of any field work. The Contractor shall check in with the Caltrans Resident Engineer or representative when entering a construction project. 13. Investigation and Field Activities A) Site investigations and other field activities are performed when potential hazardous materials/waste sites or underground tank sites are known to contain chemical spills and leaks. The investigation includes characterizing subsurface geological and hydrologic conditions, identifying chemical contaminants and determining the extent of contamination. Locating buried tanks, containers and drums may also be a part of the investigation. B) The Contractor will be expected to restore to its original condition any area of the site disturbed by excavation or related activities unless otherwise directed by the Caltrans Task Order Manager. Sample sites must be cleaned up after completion of sampling. This may require backfilling drill holes with impermeable material and lawful removal, transport and disposal of all drill cuttings. C) The investigation will include, but not be limited, to work plans, health and safety plans, surface geophysical investigations, trenching, drilling, sampling, chemical analysis, and reporting. The investigation will include preparation of a Work Plan (WP), Health and Safety Plan (HSP), Geophysical Survey Work Plan (GSWP),Sampling and Analysis Plan (SAP), Quality Assurance/Quality Control Plan (QA/QCP), and performance of investigation activities such as trenching, drilling, sampling, chemical analysis, and reporting with further recommendations as described in details in the sections below: D) Work Plan 1) The Contractor may need to prepare a site-specific work plan with a detailed description of the planned site investigation for potentially contaminated soil, soil vapor, surface water, and groundwater. The potentially contaminated soil, soil vapor, surface water, and groundwater shall be sampled and analyzed for contaminants of concern (COCs). The COCs may include but are not limited to volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), petroleum hydrocarbons (including oxygenates such as methyl tert- butyl ether (MTBE) and t-butyl alcohol (TBA)), polychlorinated biphenyls (PCBs), pesticides,
Contractor's Name Agreement Number 06A1964 Page 9 of 37 EXHIBIT A Public Works - Federal acids and bases, and metals including aerially deposited lead that were released, discovered or suspected during the construction activities of an on-going project. The investigation of the potentially impacted soil, soil vapor, surface water, and/or groundwater shall be conducted relatively quickly to address obvious issues at the site and to minimize environmental and health risks so that construction activities can resume. It should also include a site-specific Health and Safety Plan (HSP) for conducting the site investigation. 2) For site assessment and remedial investigation activities, the work plan shall utilize the site history past operations and activities at the site and other information that indicates a likelihood of releases to soil, surface water, and/or groundwater, the location and possible extent of the original release, information on the site topography, geology and hydrogeology, direction of groundwater flow and the contaminant migration pathway. 3) The Work Plan shall provide information on sampling methodology, prior sampling locations (if any) and rationale for proposed sampling locations, sampling depth, number of samples, analytical parameters and methods, detection limits, field screening methods, and management of soil cuttings including excavated/remediated soil, decontamination/purge water or waste generated as a result of the field investigation. The Work Plan should also include the criteria to be used to characterize soil, surface water, and groundwater and a tentative schedule. 4) Sampling method - describe step-by-step the standard sampling protocol (with appropriate equipment) for soil and/or groundwater samples that will be collected. Special collection and analytical methods to prevent the loss of volatile and unstable compounds shall be described. 5) Sample containers and the method of preservation for each matrix and analysis shall be described. 6) Packaging, labeling, marking, and shipping methods shall be included in the work plan. 7) Proper Quality Assurance/Quality Control (QA/QC) protocol shall be maintained during all activities, including sampling, sample preservation, and laboratory analysis. 8) Discussion of field documentation shall be included in the work plan such as sample identification, labeling, field logs, boring logs, and chain of custody; 9) Analytical methods, holding times, and detection limits for each contaminant and matrix shall be specified in the Work Plan; 10) The drilling equipment (drill bit, augers, and other drilling equipment utilized for the Task Order) shall be steamed-cleaned prior to use, between boring locations and/or at the end of each work day to prevent cross contamination. The generated rinsate/drill cuttings should be containerized in Federal United State Department of
Contractor's Name Agreement Number 06A1964 Page 10 of 37 EXHIBIT A Public Works - Federal Transportation (USDOT) approved 55-gallon drums or other USDOT approved containers, sealed, labeled, and stored onsite while awaiting analytical results to determine appropriate disposition. However, a discussion on the management of these wastes including the disposal option should be included in the work plan as well. The statements regarding prevention of cross contamination, storage, and transportation of rinsate/drill cuttings shall be presented in the work plan as appropriate. 11) The investigative Work Plan should be prepared under the direction of a California Registered Geologist (PG), Certified Engineering Geologist (CEG), or Registered Civil Engineer (PE) experienced in the field of hazardous waste investigation and remediation and shall bear the signature and stamp of the registered/certified professional. 12) When investigative work permitting is required by a regulatory agency, Contractor will submit work plans and health and safety plans to the agency with jurisdiction for issuing investigative permit authorization. 14. Health and Safety Plan (HSP) A) A HSP is required prior to conducting any field investigation in order to protect the health and safety of all field personnel. This HSP is generally based on background information collected during preliminary assessment of the site from historic land use records. The HSP needs to describe the potential physical, chemical, and biological hazards, personal protective equipment, specific responsibilities, and emergency procedures. The HSP may be prepared by a trained staff person under the direction of a Certified Industrial Hygienist (CIH), however, the HSP shall bear the signature and stamp of the CIH. B) The Contractor shall ensure that its entire staff, including Caltrans personnel, while on the project site, complies with the HSP requirements. All personnel engaged in field investigation work shall be appropriately trained for such activity. Training shall comply with all Federal-OSHA, Cal-OSHA and Caltrans requirements. C) Caltrans assumes no responsibility for the health and safety of the Contractor or its subcontracted employees or other non-State employees. All on-site personnel shall meet the requirements of Cal/OSHA Hazardous Waste Operations and Emergency Response Standard 1910.120(e) â Training and 29 CFR 1910.120(f) â Medical Surveillance. All requirements shall be current. D) Before the field investigation begins, a copy of the HSP shall be distributed to all field investigation workers. Each worker shall certify by signing and dating the HSP that they have read, understand, and agree to comply with the site-specific HSP. E) Throughout the performance of all activities, the Contractor shall, at a minimum, fully comply with level D protection requirements. The designated Site Safety Officer (SSO) shall be responsible for monitoring field activities and informing the Contractorâs staff of the need to upgrade to level C or higher. On-site upgrade to level
Contractor's Name Agreement Number 06A1964 Page 11 of 37 EXHIBIT A Public Works - Federal C may be determined by Photo Ionization Detector (PID) readings for gasoline contamination, Flam Ionization Detector (FID) reading for diesel contamination during field activities or other field instruments required to detect for other airborne contaminants. F) When respirator use becomes necessary, the Contractor shall provide certification that the provisions of title 8 CCR Section 5192 have been met for all on-site employees. If any on-site personnel are not certified in the use of Level C or higher protection, the Contractor shall take immediate and prudent actions to remove uncertified site personnel from the work location. G) Under Level C protection or higher, the required equipment shall be worn, carried or made available on site as described in Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, National Institute for Occupational Safety and Health (NIOSH) publication No. 85-115, 1985. H) The contractor shall describe the Site Control and how the site will be physically configured to contain contaminated materials and protect human health and the environment. The site controls shall include the Exclusion or Hot Zone, Contamination Reduction of Warm Zone, and Support, Clean or Cold Zone (i.e. zone of no contamination). 15. Geophysical Survey Prior to the actual field investigation, the Contractor may need to conduct a Geophysical Survey to identify potential buried objects such as underground utilities, drums, underground storage tanks, and metal containers. The Contractor shall conduct the survey using electromagnetic, ground penetrating radar, magnetic survey, metal detection techniques, or any other industry standard techniques available. Results of the geophysical survey shall be interpreted and included in a formal report. The complete survey shall be included as an appendix to the final investigation report. 16. Trenching A) Caltrans may require trenching for shallow investigation purposes. Excavation may be needed to determine shallow subsurface condition or to excavate and expose subsurface structures such as tanks, pipes, or sumps. When trenching is required, the Contractor shall provide backhoe equipment capable of excavating to a depth of 12 to 16 feet, personnel, sampling equipment, and decontamination equipment. B) The Contractor shall fulfill the following requirements: 1) Comply with all State, Federal, and local laws and regulations, and highest industry standards regarding trench shoring and worker safety. 2) Remove from the site all equipment, unused materials, temporary facilities and other miscellaneous items resulting from or used in the operation and replace or repair any items damaged as a result of the Contractorâs operations.
Contractor's Name Agreement Number 06A1964 Page 12 of 37 EXHIBIT A Public Works - Federal 3) Restore the trenching site to pre-work condition unless directed by the Caltrans Task Order Manager. 4) Trenching activities shall be observed and supervised by a site engineer, geologist or engineering geologist. The subsurface geological and geotechnical conditions found during trenching shall be logged by the site geologist or engineering geologist. Under normal circumstances, Organic Vapor Analyzer (OVA) or Photo Ionization Detector (PID) measurements shall be taken to monitor the materials excavated and for health and safety of workers. Material removed from the trench shall be properly collected in containers or stockpiled on plastic sheeting provided by the Contractor and prepared to prevent runoff or other movement of hazardous waste. If the materials are non-hazardous, they shall be returned to the trench or otherwise legally disposed of by the Contractor. If contaminated, the material may be returned to the trench or temporally stored as directed by the Caltrans Task Order Manager and ultimately disposed of in compliance with local, State, and Federal regulatory requirements. The cost of backfilling of the trench is included in the bid price for extraordinary temporary storage and ultimate disposal of containerized materials will be paid as Extra Work. Contractor shall use appropriate decontamination and disposal procedures. 5) Trenches or open excavations shall be covered and signed at the end of each work day. 17. Drilling Driven Bailer and Direct Push A) Contractor shall have the capability to drill through, core, and sample soft or poorly consolidated material, rock of varying densities, hardness, and degree of fracturing, engineered fill, asphalt, Portland Cement Concrete (PCC) and waste. Contractor shall also have the capability to properly drill, construct and develop monitoring and treatment wells. At the direction of the Caltrans Task Order Manager, the Contractor shall provide site boundary and borehole locations within 1 meter accuracy in either Geographic Coordinates or California State Plane Coordinates. The location of the drilling shall be provided in one of the following digital formats (as directed by the Caltrans Task Order Manager): 1) Arc/info or ARCVIEW geographic information systems files. 2) Trimble SSF or RINEX Global Positioning System Files. 3) Excel ver. 5.1, 97 or 2000/Win-95, 98 or 2000 spreadsheet format. 4) Delimited text files. B) This information shall be submitted in digital format upon request by the Caltrans Task Order Manager.
Contractor's Name Agreement Number 06A1964 Page 13 of 37 EXHIBIT A Public Works - Federal 18. Drilling and Sampling Capabilities A) Drill rigs must have the ability to drill and sample boreholes which are at least 8 inches in diameter and/or 12 inches in diameter to a depth of at least 50 feet. These machines must also be capable of hydraulically pushing thin-walled soil samplers or driving thick-walled soil samplers for coring sediments. In addition, these machines must be capable of obtaining continuous samples of soil through hollow-stem augers by either wireline method, using thin-walled sample tubes, or by a 5 foot sample tube used within the lead auger. Contractor shall be prepared to cut and repair borings through concrete and asphalt concrete. B) Apart from the machine drilling technology, the Contractor should have the necessary tools to collect surface and shallow soil samples, sampling in limited access areas, and to detect utility lines ahead of other drilling methods by use of a hand auger. All hand augering items devices shall be decontaminated prior to use and after collection of a sample in order to avoid cross contamination. Surfaces samples will be collected at the ground surface. Other samples will be collected by advancing the auger to a point immediately 6â above the desired sampling depth and then using a slide hammer to drive the sampler and a 6-inch-long stainless or brass liner into the undisturbed soil. Unless otherwise specified, all hand-augured borings shall be logged using the Unified Soil Classification System and sampled at the desired depth by driving a sampler. C) Direct push drilling method shall consist of a dual tube sampling system with continuous small diameter 1â to 2â steel tubes that are pushed or vibrated into the ground and generate minimal drill cutting waste. Clear acetate sleeves may be used for sample and core collection where samples will not be compromised by incompatibilities between the acetate and chemical contamination in the soil or ground water. Direct push rigs shall have the capability to drill to a depth of 50 feet in unconsolidated materials. This method may be used for soil core lithologic logging, soil vapor sampling, groundwater sampling, product sampling and soil sampling. Direct push (dual tube) drilling systems may be used at: limited-space work areas, under low overhead structures (less than 15â in height), in buildings, on uneven/sloping topography, or on soft terrain such as wetlands. D) The driven bailer (hydropunch or equivalent) technique shall use a temporary tool emplacement to obtain undisturbed water samples or product samples from ahead of the lead auger. Drill rigs or cone penetrometer rigs shall have the ability to sample ground water by use of a driven bailer to a depth of 50 feet in unconsolidated material. The sample inlet area shall be in hydraulic contact with the water-bearing zone and sample a discrete water interval. The water samples shall be unaltered and uncontaminated by drilling fluids or cuttings. The sampler shall be chemically inert.
Contractor's Name Agreement Number 06A1964 Page 14 of 37 EXHIBIT A Public Works - Federal E) The soil-vapor samples should be collected using vapor probes following the protocols contained in the Advisory-Active Soil Gas Investigations prepared by the Department of Toxic Substances Control and the Regional Water Quality Control Board. F) All emplacements shall be overseen, described, and signed in the field log by the Contractorâs field geologist or engineering geologist. The Caltrans Task Order Manager shall also sign the final field log. The field log shall include, but not be limited to, description of materials penetrated, drilling method, drill penetration rate, bit pressure and drill chatter. When sampling is complete, the sampler shall be retrieved and the borehole backfilled with grout or neat cement during the same day or as directed by the Caltrans Task Order Manager. G) All borings shall be logged by the field geologist or engineering geologist. Boring logs shall include but not be limited to: 1) A detailed description of the geologic character of each unit encountered. 2) Classification by the Unified Soil Classification System. 3) Depth at which changes were observed. 4) Thickness of units. 5) Depth to water. 6) Color of subsurface material (using the Munsell Color System). 7) Other pertinent information such as odor, staining, secondary mineralization. H) Field instrument readings shall be noted on the log corresponding to the depth of the sample. When borings are completed as monitoring wells, graphic representation of the well construction shall be added to the log. The Contractor shall have available all necessary equipment to perform the following functions: 1) Tremie materials into boreholes. 2) Maintain drilling fluids. 3) Mix grout or grout mixtures. 4) Pump grout in one continuous motion, beginning at the bottom of the space to be grouted. 5) Surface completion to match existing asphalt, concrete, or soil. 6) Well covers with locks. I) Borings that are not completed as monitoring wells shall be backfilled with grout, neat cement or bentonite grout during the same day or as directed by the Caltrans Task
Contractor's Name Agreement Number 06A1964 Page 15 of 37 EXHIBIT A Public Works - Federal Order Manager. The cost of backfilling is included in the drilling bid item prices in Attachment 1, Bid Proposal. Contractor shall provide Caltrans approved containers and control and collect all drill cuttings and fluids. Contractor shall use appropriate decontamination and disposal procedures. 19. Well Installation and Development Monitoring wells may be required to determine if ground water contamination is present, the extent of any contamination, and the general characteristics of subsurface hydrogeological conditions. Monitoring wells shall be designed and constructed to obtain water samples representative of the formation water. A) Monitoring wells shall include the following elements: 1) Wells shall be screened and filter pack material used to retain 80% of the formation material of the screened zone. Sieve analysis may be required to fulfill this task. Payment for field sieve analysis is included in the well installation bid item prices. Custom filter pack mixes and custom screens shall be paid as extra work. 2) Filter pack material shall extend generally 18 to 24 inches above the screen (or as appropriate), bentonite shall be placed above the filter pack (approximately 3 to 5 feet, and cement or cement bentonite grout shall be used to fill the annular space. Well surface completion shall be concrete which is integral with the concrete annular seal in the upper 2 feet of the hole. The materials shall be tremied into the annular space around the casing. Filter pack material shall be clean, inert material; bentonite shall be non-beneficiated. 3) Grout shall be mixed in correct proportions so as to not affect ground water chemistry. 4) Bentonite and/or grout shall not be allowed to free fall down the annular space if greater than 5 feet deep. 5) Centralizers shall be used when wells are not completed within a hollow stem auger. 6) Monitoring wells shall not provide a conduit for cross contamination of water bearing zones. 7) Wells shall be completed at the surface to prevent damage and tampering. Traffic proof covers or monuments shall be used. 8) Screen lengths shall be appropriate to the monitoring task and shall meet regulatory agency requirements. 9) Wells shall be designed to meet the requirements of appropriate regulatory agency. 10) Wells shall be completed so as to prevent surface water from entering the well.
Contractor's Name Agreement Number 06A1964 Page 16 of 37 EXHIBIT A Public Works - Federal 11) A third order survey shall be completed as required by the Task Order. The bench mark and backsight shall be noted in the report. If practicable the bench mark or monument shall be tied to the California Coordinate System. 12) Wells shall be developed after construction by surging with a vented surge block or equivalent technology, as approved by the Caltrans Task Order Manager, and pumped to remove sediments. Wells will be surged and pumped as often as necessary to produce sediment free water samples (i.e., turbidity of less than or equal to 10 Nephaline Turbidity Units (NTUs)). Costs of any additional work required to obtain sediment free water samples during the field contract period are included in the bid item prices for well development in Attachment 1, Bid Proposal and no additional compensation shall be paid. 13) Necessary well permit(s) shall be obtained by the Contractor prior to drilling and installation of wells. Wells shall be registered by the Contractor with the California Department of Water Resources (DWR). Copies of these records shall be included in the final report prepared for the Task Order. Boring and well cuttings placed in drums may be stored at the site or transported to a storage site in the vicinity. Temporary storage of waste shall be allowed pending analytical results but storage shall not extend beyond 30 days. 14) For future monitoring purposes and gradient determinations, the Contractor may need to survey the elevations of wells (top of casing) under the supervision of a licensed surveyor or registered civil engineer. Horizontal (X and Y coordinates) will be surveyed to the nearest 0.03 ft, with the vertical (Z coordinate) measured to the nearest 0.02 ft or as required in Caltrans Survey Manual. The California Coordinate System 1983, epic 1991.35 (CCS 83[1991.35]) coordinates shall be calculated for each location. All vertical measurements shall be based on the North American Vertical Datum of 1988 (NAVD 88) or as required in Caltrans Survey Manual. Unless otherwise specified in the Task Order, all survey data shall be submitted in Excel (2007) spreadsheet format and GIS-ready (Arc/Info or ArcView) format, and should include description, and X, Y, Z data. 20. Well Destruction A) The Contractor shall destroy 2 inch and 4 inch PVC wells up to 100 feet deep in accordance with applicable local and state requirements (Department of Water Resources (DWR) Bulletins 74-81 and 74-90). The bid item shall include the requirements of Section 23 E for wells in urban areas. Reports of well destruction shall be filed with DWR (per the requirement of DWR, Bulletin 74-81 and Part III Section 19, A-1, 2a) and copies of these reports shall be included in the draft and final report. Caltrans will provide site access when necessary. Neat cement or sand cement shall be used to decommission wells. Contractor shall obtain all necessary permits as part of the bid item.
Contractor's Name Agreement Number 06A1964 Page 17 of 37 EXHIBIT A Public Works - Federal B) The Contractor shall fully describe the well destruction in a report included with the final site investigation report and well destruction log, unless separately requested by the Caltrans Task Order Manager. 21. Sampling and Sample Analysis A) The objective of sampling is to obtain a representative sample of the subsurface ground materials and level of contamination at a site. Soil samples shall be obtained using thin and/or thick walled sample barrels with stainless steel inserts. (Acetate may be used for direct push core barrels). Costs for sample barrels, tubes, teflon tape, caps, and sealers are included in the sampling bid item prices in Attachment 1, Bid Proposal. Thin walled samplers shall be pushed into the soil while thick walled may be driven. Continuous coring of unconsolidated materials or rock may be requested in the Task Order. Soil samples shall be obtained in as undisturbed state as possible. Soil samples shall be obtained in stainless steel sleeves during drilling or hand sampling. This requirement may be waived by the Caltrans Task Order Manager in the case of non-volatile contaminants. No fluids shall be introduced into any sample boring except in special cases approved by the District Caltrans Task Order Manager. Sample tubes shall be capped with teflon film or aluminum foil and plastic caps, sealed with appropriate taping (not electrical or duct), preserved immediately at 4o C and delivered to the laboratory for analysis within twenty-four hours from the time of the sampling. Soil samples with volatile organic compounds shall be preserved with dry ice. The Contractor shall obtain new samples without expense to Caltrans if QA/QC data shows any of the following: 1) Cross contamination has occurred. 2) Samples were held too long before analysis. 3) Samples were compromised while in the custody of the Contractor prior to delivery for analysis. 4) Samples were compromised while in the custody of the Hazardous Waste 5) Contractor prior to delivery for analysis. 6) Chain of custody was broken. 7) Sample collection methodology was not followed. 8) Incorrect analysis was performed on the sample. 9) A temperature of 4°C was not maintained during transport of samples to the laboratory. B) Water samples may be collected from surface sources, undeveloped borings, by direct push or one Penetration Test (CPT) systems, and monitoring wells. Samples taken from undeveloped borings shall be obtained with clean stainless steel or teflon bailers within the hollow stem auger. Water samples may also be obtained from monitoring wells after the well has been developed and purged. Well water shall be monitored for temperature, pH, and conductivity during purging. This monitoring shall be done during
Contractor's Name Agreement Number 06A1964 Page 18 of 37 EXHIBIT A Public Works - Federal development and/or sampling and no additional compensation shall be allowed. Direct push or CPT systems may not use bailer systems which agitate the water sample. C) Surface sampling generally accomplished through the use of one of the following samplers or techniques 1) Dip sampler 2) Direct method 3) Discrete Depth samplers; e.g., Kemmerer or Van Dorn bottles 4) Peristaltic pumps 5) Storm water collection devices D) Samples shall be placed in sterilized bottles, preserved immediately at 4o C and delivered to the laboratory within twenty-four hours of sampling. A trip blank shall be included in each ice chest. When sample preservation in the field is necessary, containers with the added preservative for water samples shall be supplied by the laboratory. Water samples shall be packed or secured in such a manner so as to prevent cross contamination of samples and freezing or breaking of containers. When wells are installed to determine if a chemical product is present, the well shall be sampled to determine if such a product exists before purging the well for dissolved constituents. E) The Contractor shall communicate to the laboratory the analyses required on samples and any special criteria for performing analyses. For metals analysis of soil samples, when the total metal concentration (TTLC) is greater than or equal to ten times the soluble threshold limit concentration (STLC), the laboratory shall contact the Contractor, who shall contact the Caltrans Task Order Manager for approval before proceeding with the waste extraction test (WET). When the total concentration is greater than twenty (20) times the TTLC, the toxicity characteristic leaching procedure (TCLP) test may be requested by the Task Order Manager. Unapproved chemical testing will be denied payment. F) Requirements for filtering shall also be communicated by the Contractor to the laboratory. If a sample is to be filtered before analysis for metals, no preservatives or acid shall be added until after filtration. Samples taken for dissolved metal determination shall be filtered through a 0.45 micron glass fiber filter. Filtration is not done for total metal analyses. If filtration is performed, it shall be done in-line or in the field immediately following sampling. G) As specified in the Task Order or otherwise directed by the Caltrans Contract Manager, samples shall be scanned for each of the following hazardous substances:
Contractor's Name Agreement Number 06A1964 Page 19 of 37 EXHIBIT A Public Works - Federal 1) Water quality elements. 2) Polychlorinated biphenyls (PCBs). 3) Total Petroleum Hydrocarbons (TPH). 4) Pesticides. 5) Toxic Elements and Heavy Metal Compounds. 6) Halogenated volatile organics 7) Semi-volatile organic compounds 8) Polycyclic aromatic hydrocarbons (PAHs) 9) Non-halogenated volatile organics. 10) Asbestos. 11) Characteristics of Toxicity 12) Air quality and gaseous phase tests. H) Where preliminary analysis of the suspected hazardous material/waste samples or other sources of information has indicated the presence of any of the above categories, then laboratory analysis may be required for each indicated class of hazardous material. 22. General Laboratory Analysis Requirements A) Laboratories performing chemical analyses shall be certified by the California Department of Public Health Environmental Laboratory Accreditation Program (CDPH-ELAP) for the specific laboratory test methods listed in the bid item prices in Attachment 1, Bid Proposal. Mobile laboratory units shall also be certified by CDPH. For specific test methods not as yet certified by CDPH, the laboratory may perform laboratory analysis only if presently certified by DCPH for comparable test methods; e.g., for volatile organics, semi volatile organics, or similar chemicals or if currently certified by US EPA as a Contract laboratory. Water sample analysis shall include surface water, ground water, rinse water, monitoring well samples or similar chemicals. Standard turnaround time for chemical analysis shall not exceed five working days. B) The Contractor is responsible for sample transport from work site to the laboratory, decontaminated or new sample containers, labels, appropriate preservation and chain of custody records. Costs of these services and materials are included in the bid item prices for laboratory analysis in Attachment 1 of the Bid Proposal.
Contractor's Name Agreement Number 06A1964 Page 20 of 37 EXHIBIT A Public Works - Federal C) Remaining and unused portions of samples shall be stored in a chilled state (4o C) at the laboratory for thirty days following completion of the last analysis for that group of samples listed on the same chain of custody form. Costs for such storage are included in the bid item prices for laboratory testing. Samples shall be held by the laboratory beyond thirty days if requested by the Caltrans Task Order Manager. Disposal of samples shall be the responsibility of the laboratory. D) If Caltrans requests retention of samples beyond the 30-day period following the final set of sample analyses, the retention costs shall be paid to the Contractor for up to 50 samples per week to hold the samples as per bid item 85 in Attachment 1, Bid Proposal. E) The Contractor and the laboratory shall provide a clear and accurate explanation of analytical results including graphical presentations and summaries of the laboratory data in reports, and shall make timely recommendations for further field activities. F) Laboratory Sampling Handling Procedures for Aerially Deposited Lead Investigation Samples. G) Soil samples taken from roadside sites are not homogeneous. Aerially deposited lead tends to be very soluble and total lead levels as low as 100 to 150 ppm can produce soluble lead levels greater than 5mg/l using the California Waste Extraction Test (WET). After the total analysis is run on a sample, a solubility test on sediment that is representative of the original total lead test should be run. H) Each sample shall be homogenized. A sample aliquot sufficient to cover the amount necessary for the Total and WET analysis shall then be taken. This aliquot shall be homogenized a second time and the total and soluble (if necessary) run on this aliquot. The homogenization process should not include grinding the samples. I) The lab should then compare the solubility verses total lead results for the sample set. The lab should see a high correlation factor using a regression analysis on the data. If the correlation is less than 0.8, the lab should re-examine the sample and determine if re-analysis is needed. 23. Mobile Laboratory Mobile laboratories shall be certified by the California Department of Public Health - Environmental Laboratory Accreditation Program (CDPH-ELAP) for analyses which are specified in the Task Order. Mobile laboratory gas chromatograph equipment shall be calibrated on-site at the beginning of each working day as follows: Mobile laboratories shall record gas chromatograph system parameters on the first page of each dayâs chromatograms. The parameters include the temperatures of the injector, column, and detector; integrator parameters of the injector, peak markers, and baseline offset; column type, length and diameter; and packing material. The name of the operator and the date shall also be included. Any changes to the system parameters shall be documented.
Contractor's Name Agreement Number 06A1964 Page 21 of 37 EXHIBIT A Public Works - Federal 24. Quality Assurance/Quality Control (QA/QC) QA/QC shall be performed for each method of analysis listed in the test methods. QA/QC data shall be reported in summary form for all samples submitted. The procedures specified by each test method shall include the following: A) One method blank for every ten samples or batch of samples or type of matrix, whichever is more frequent. B) One sample analyzed in duplicate for every ten samples or batch of samples or type of matrix, whichever is more frequent. C) One spiked sample for every ten samples or batch of samples or type of matrix, whichever is more frequent, with spike made at ten times the detection limit or at the analytical level. D) One equipment blank for every chain of custody by pouring deionized water onto the sampling device and into a laboratory container. E) One trip blank for every ice chest or sample shipment container. Water samples will require one laboratory prepared trip blank for each individual group of water samples transported to the laboratory. The contents of each ice chest or refrigerated container constitute an individual group of water samples. F) One field blank, which is a clean water sample, shall be opened at the site in the same location as the field sampling. The field blank shall be analyzed for the same compounds as the other samples. G) For all the field test instruments and measuring gauges, including handheld equipment, calibration must be maintained according to the manufacturerâs recommended calibration schedule. Records of calibration must be kept intact in file and ready for inspection if requested by the Caltrans Task Order Manager. H) Trip blank(s), laboratory blank(s), spiked samples, and duplicate sample analyses shall be reported on either the laboratory testing report or the QA/QC summary report. Spiked samples shall be reported as percent spike recovery. I) Acetone, methylene chloride, chloroform, and methyl ethyl ketone (MEK) detected in soil and ground water contaminants shall be considered laboratory contaminants. It shall be the laboratoryâs responsibility to determine if the laboratory processes introduced these chemicals to the samples. J) Contractor shall submit to Caltrans the labâs written discussion documenting QA/QC evaluation and analytical checks with investigation results. K) Task Orders which have more than fifty soil or ground water samples shall also include a holding timetable. The holding timetable shall include the sample collection
Contractor's Name Agreement Number 06A1964 Page 22 of 37 EXHIBIT A Public Works - Federal date, the date the sample was received at the laboratory and the dates the sample was extracted and analyzed. L) All costs for QA/QC work and reporting are included in the bid item prices for each test method in Attachment 1, Bid Proposal. M) The QA/QC summary reports shall include: 1) Temperature of incoming samples. 2) Constituent/analyte. 3) Specific test method. 4) Date (include holding timetable for more than fifty samples). 5) Detection limit of the specific test method (mg/kg or mg/liter). 6) Percent accuracy. 7) Percent precision. 8) Signature of laboratory manager or director. 25. Soil, Surface Water, and Ground Water Treatment and Disposal A) All treatment, recycling, and disposal of waste shall be conducted in accordance with applicable state and federal regulations. Operators of treatment units shall be permitted in accordance with Title 22 CCR section 67450.1 et seq. Caltrans reserves the right to approve/reject the type of treatment used. B) Cuttings, excavated soil, and waste water (including purged, development, and decontamination water) shall be transported and disposed in accordance with Title 22 CCR. Disposal facilities shall be permitted to receive waste by the Regional Water Quality Control Board and California Integrated Waste Management Board. Wastes shall not be disposed of out of state. C) Ground water will be discharged to publicly owned treatment works (POTWs) only with the written approval of the facility and when approved by the Caltrans District Hazardous Waste Coordinator. 26. Asbestos Concrete Products Removal A) The Contractor shall excavate, remove, containerize, transport, and dispose of asbestos concrete products (ACP). Every precaution shall be taken to prevent breakage of the ACP so that the potential release of asbestos fibers is kept to an absolute minimum. Where it becomes necessary to cut or saw the ACP, the ACP shall be worked wet and all cuttings shall be labeled, bagged, manifested, and disposed of appropriately. Payment will be made as Extra Work based upon an estimate of the number of linear feet of ACP to be removed including bends, wyes, tees, and other branches. B) The Contractor undertaking the removal shall be a Registered Asbestos Contractor per Section 6505.1 of the Labor Code and a Certified Asbestos Contractor per
Contractor's Name Agreement Number 06A1964 Page 23 of 37 EXHIBIT A Public Works - Federal Section 7058.5 of the Business and Professions Code. Where removal of ACP is done outside of buildings and removal does not result in asbestos exposures to employees in excess of the action level as determined in Sections 1529 and 5208 of Title 8 CCR, the action is not considered asbestos related work. C) All handling, transportation, and disposal of ACP shall be done in accordance with Cal OSHA, Department of Toxic Substances Control, and Regional Water Quality Control Board requirements. 27. Final Cleanup The Contractor shall leave each work site in a neat and clean condition. The Contractor shall haul away and legally discard any materials or debris caused by its operations from the job site at no additional cost to Caltrans. 28. Safety Requirements A) The Contractor shall conduct daily safety meetings throughout the period of fieldwork to discuss such topics as safety procedures when working near the existing highway, potential hazards, potential exposure to contaminants, and the proper use of shoring. All crew members must participate. B) The Contractor shall provide access to the site for personnel to conduct the work in a manner that does not jeopardize their safety, the convenience of the public, and safety of authorized visitors. C) All persons not trained in accordance with the requirements of Title 8 CCR Section 5192 or 1532.1 shall be prohibited from entering the exclusion zone. D) The Contractor shall comply with all Caltrans and OSHA regulations regarding necessary safety equipment and procedures. Contractor also agrees to adhere to any safety requirements established by the Caltrans District Safety Officer. E) The Contractor shall place safety coverings over open excavations, trenches, bore holes and other open units that are not under active work.
Contractor's Name Agreement Number 06A1964 Page 24 of 37 EXHIBIT A Public Works - Federal 29. Site Safety Plan/Lead Compliance Plan A) The Contractor shall develop a detailed site specific Health and Safety Plan (HSP) or Lead Compliance Plan (LCP), when work involves Aerially Deposited Lead (ADL) soil excavation activities) as appropriate for review and acceptance by the Caltrans Task Order Manager. The plan shall be completed as part of a site work plan or as a part of evaluating the potential work hazards and necessary safety precautions. The safety plan shall list protective measures required to guard the field investigation team, any other persons on site, and the general public from site-specific hazards. The plan shall conform to all State and Federal safety regulations, will be subject to review and approval by regulatory agencies, and may be amended as needed as work progresses. The plan shall be signed by a Certified Industrial Hygienist. The Site Safety Plan shall address the need for establishing a site perimeter to control access to the site. B) All field employees shall certify that they have read, understand, and agree to comply with the safety plan before the field investigation begins. No worker shall be allowed to participate in the field investigation unless he or she has signed the site specific safety plan. Field personnel will wear hard hats, safety glasses, approved safety vests and closed, steel toed safety shoes at all times when on site. The Hazardous Waste Contractor shall provide all necessary personal protective equipment and safety devices for Contractorâs at no cost to Caltrans. C) Lead Compliance Plans shall cover the elements required in Title 8, CCR Section 1532.1 or the DTSC Variance as specified by the Caltrans Task Order Manager. D) Each site-specific safety plan shall include all of the following elements unless otherwise specified by the Caltrans District Hazardous Waste Coordinator: 1) Identification of key personnel for the project, including: 2) Specific assignment for the project 3) Health and safety responsibilities 4) The specific tasks to be performed and equipment to be used 5) Job hazard analysis for each work assignment at the site including: a) workers b) nearby community c) environmental receptors d) air monitoring plan for project, if required, including: e) ambient air quality f) assessment of community exposure g) assessment of worker exposure
Contractor's Name Agreement Number 06A1964 Page 25 of 37 EXHIBIT A Public Works - Federal E) Administrative and Engineering Controls and Work Practices to reduce/prevent risk to workers: 1) Personal protective equipment selected for the project and upgrade conditions 2) Delineation of work zones (e.g., exclusion and decontamination) on site and decontamination procedures for personnel and equipment 3) Listing of general safe work practices for on-site activities 4) Description of security measures established for the site 5) Hygiene and Housekeeping 6) Emergency response plans established for the project, including: a) on-site emergencies b) off-site emergencies c) access for emergency personnel an vehicles d) nearby community protection e) location and direction of emergency care f) phone and communication plan g) Worker training requirements for the project Medical surveillance program for field staff that complies with Title 8 CCR, Section 5192/1532.1 as appropriate. F) The Contractor shall follow all local, state, and federal requirements for Health and Safety. The HSP shall be consistent with: 1) NIOSH Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities (1985) 2) EPA Order 1440.1 - Respiratory Protection; 3) EPA Order 1440.3 â Health and Safety Requirements for Employees engaged in Field Activities: 4) EPA Standard Operating Safety Guide (1984); 5) OSHA regulations particularly in 29 CFR 1910 and 1926; 6) State and local regulations; and 7) Other applicable EPA guidance and State regulations. 30. Site Safety Officer A) During site investigative and cleanup activities, a Site Safety Officer (SSO) shall be designated by the Contractor. The SSO shall be responsible for enforcing the Health and Safety Plan and/or Lead Compliance Plan. Caltrans may also designate a SSO
Contractor's Name Agreement Number 06A1964 Page 26 of 37 EXHIBIT A Public Works - Federal for Caltrans employees performing construction activities. The Hazardous Waste Contractorâs SSO shall cooperate fully with the Caltrans SSO. B) The Contractorâs SSO or designated representative shall be present at all times that work is occurring on the site. The Contractorâs SSO and Caltrans SSO must be familiar with hazardous material and waste laws and regulations in California and with California and Federal OSHA requirements. The SSO or his designated representative shall be available to accompany the Caltrans District Hazardous Waste Coordinator and/or his representatives and/or representatives of the applicable regulatory agencies while they are on site. C) The SSO shall direct the implementation and operation of the site specific Health and Safety Plan (HSP). D) The SSO shall enforce compliance with the HSP by all persons while they are within the site perimeter. E) The SSO shall secure the site, keep workers and the public a safe distance away from the work area, determine an Exclusion Zone and mark the bounds appropriately, insure that any dust and/or vapors are suppressed, set up air monitoring stations and perform air monitoring, monitor for explosiveness , and take other actions as necessary to secure the site. 31. Health and Safety Plan The Contractor shall conform to all applicable occupational health and safety standards, rules, and regulations established by the State of California and the U.S. Government as applicable. Noncompliance by the Contractor with the site health and safety plan is grounds for a suspension of the work or termination of the Contractor for default per Ex. D, section 1 of the Agreement. The Contractor shall provide safe access to the work site for the Caltrans District Hazardous waste Coordinator and representatives of the applicable local and/or state regulatory agencies during normal field investigation work hours. Designated observation areas outside the work zone shall be established for these site visits. Such inspection tours shall be arranged in advance with the Site Safety Officer by the Caltrans District Hazardous Waste Coordinator. 32. Personnel, Coordination and Meetings A) Effective communication between the Contractor and Caltrans is essential to successful completion of the contract. Toward this end, Caltrans shall designate a Caltrans District Hazardous Waste Coordinator who will have overall responsibility to monitor and evaluate the work of the Contractor. The Caltrans District Hazardous Waste Coordinator may also choose to appoint a designee to carry out some of the Caltrans District Hazardous Waste Coordinatorâs responsibilities. Normally, the Caltrans District Hazardous Waste Coordinator will be the Resident Engineer on the transportation project where hazardous waste/material and/or subsurface contamination have been found.
Contractor's Name Agreement Number 06A1964 Page 27 of 37 EXHIBIT A Public Works - Federal B) The Contractor shall designate a Project Manager to manage each specific Work Request and who has overall responsibility for all work performed under the contract and as directed by the Caltrans District Hazardous Waste Coordinator. Unless otherwise specified in the Task Order, the Contractorâs Project Manager shall be a registered professional in the State of California (i.e., Professional Geologist, Certified Engineering Geologist, or Professional Engineer). The Contractor shall be represented at all times while the fieldwork is in progress by experienced senior staff level personnel who are competent in the area of hazardous material/waste investigation and mitigation. C) During fieldwork, the Contractor will maintain daily contact with the Caltrans District Hazardous Waste Coordinator or his designee and, as necessary, with the District Contract Manager or designee. To meet this objective, the Contractor shall designate a representative possessing sufficient authority and adequate time to make decisions and maintain the desired liaison. D) To ensure complete understanding of project objectives, and schedule the Contractor shall be available to meet with the Caltrans Task Order Manager or his/her representative within one business day of accepting a Task Oder. E) Caltrans will provide sufficient staff assistance to ensure good coordination and communication with the Contractor. The designated Caltrans representatives will perform liaison functions necessary to administer the contract and will be available to provide direction where problems are identified in meeting work objectives. F) Should problems arise during the course of the fieldwork, the Contractor shall notify the Caltrans District Hazardous Waste Coordinator. Caltrans may suspend all work and work shall resume only upon Caltrans issuing a notice to proceed. Notice to suspend or proceed with work may be given orally by the Caltrans District Hazardous Waste Coordinator or designee followed by written notification. G) The Contractor shall keep a written record of all contacts with individuals or groups who express interest or concerns regarding the work. A written report of these contacts shall be submitted by the Contractor to the Caltrans District Hazardous Waste Coordinator at the conclusion of the fieldwork, and, if applicable, at the conclusion of the contract or at the request of the Caltrans District Hazardous Waste Coordinator. H) At its discretion Caltrans may review and inspect the work activities at all locations and at all reasonable times during the performance period of this contract including review and inspection on a daily basis. Where the District Hazardous Waste Coordinator or designee is trained according to the requirements of Title 8 CCR, Section 5192/1532.1, the Contractor shall provide them with safe access to the work site during the field investigation, and shall furnish them with adequate safety equipment for ascertaining that the materials and workmanship are in accordance with the requirements and intentions of this contract. All work done and all materials
Contractor's Name Agreement Number 06A1964 Page 28 of 37 EXHIBIT A Public Works - Federal furnished shall be subject to inspection and approval by the Caltrans District Hazardous Waste Coordinator. I) The Caltrans District Hazardous Waste Coordinator will serve in a liaison function between the Contractor and Caltrans. If the Contractor determines a need to change the approved work, the Contractor shall bring this to the attention of the Caltrans District Hazardous Waste Coordinator who in turn shall bring significant proposed changes to the attention of the District Contract Manager. The Contractor will not be allowed to deviate from the approved work plan prepared by the Contractor without consultation with Caltrans and approval by the Caltrans District Hazardous Waste Coordinator. J) The Contractor agrees that the Caltrans District Hazardous Waste Coordinator will have full access to project information. The Contractor will honor reasonable requests from the Caltrans District Hazardous Waste Coordinator for information pertaining to the technical aspects of the project. K) The Contractor shall treat information obtained from the services provided to Caltrans as confidential and shall not discuss the project with media representatives, regulatory agencies or other persons without Caltrans written permission. The Contractor shall not issue any news releases or public relations item of any nature whatsoever regarding work performed or to be performed under this Agreement, without prior review of the contents thereof by Caltrans and receipt of Caltrans written permission to disclose the information. The Contractorâs and subcontractorâs staff assigned to a Task Order may be required to sign individual confidentiality agreements. L) The Caltrans District Hazardous Waste Coordinator may consult with or be advised by representatives of an applicable federal, local, or State regulatory agencies. 33. General Requirements for Reports A) For task orders of three months or more in duration, the Contractor shall submit written progress reports at least once a month, to allow the Caltrans District Task Order Manager to determine if the Contractor is performing to expectations and is on schedule, to provide communication of interim findings, and to afford occasions for airing difficulties or special problems encountered so that remedies can be developed. B) When required, four copies of the Health and Safety Plan and four (4) copies of the Work Plan shall be submitted to the Caltrans Task Order Manager, unless otherwise required by Task Order. C) Unless otherwise required, two copies of the draft final report shall be submitted to the Caltrans Task Order Manager for review and comment. The draft report shall be complete and include all figures and tables, and shall go through the Contractorâs Quality Assurance/Quality Control (QA/QC) procedures. The draft final report shall be reviewed by the Contractorâs Project Manager before submittal to Caltrans. The report shall be modified to address all comments received by Caltrans and submitted in final form within the time specified in the Task Order. The final report shall be
Contractor's Name Agreement Number 06A1964 Page 29 of 37 EXHIBIT A Public Works - Federal signed and stamped by the Contractorâs Project Manager and/or project engineering geologist/hydro-geologist. Five (5) copies of the final report shall be submitted unless otherwise specified by the Caltrans Task Order Manager. Additional copies of reports will be paid as extra work. If the comments require additional field work, a longer response period may be granted to the Contractor to compile the report at the discretion of the Caltrans Task Order Manager. D) All reports are to be printed double-sided and on post-consumer recycled paper. E) Costs for clerical and administrative support, photocopying, report binding, draft and final reporting, completion of work logs, postage, and administrative overhead are included in the bid item prices. No additional costs may be charged for those items of work. F) Table of Contents 1) Investigative Summary: This section shall present and summarize the findings of the investigation. 2) Project Description: This section shall provide a brief description of the project for which the work was undertaken. 3) Introduction: This section shall include the general objectives of the fieldwork, a brief chronology of site activities, previous site work, and items of work completed. 4) Investigative or Field Methods: This section shall describe the field methods used for the investigation or other field activity and any deviations from the Work Plan. 5) Results and Field Observations: This section shall include a discussion of the site geology, hydro geologic conditions observed during the investigation, and chemical test results (as described in Laboratory Test Reports). The data shall be presented in clear and concise form and be summarized in table form, including previous work or results. 34. Types of Reports A) The Caltrans Task Order Manager will request that the Contractor prepare written reports of varying depth and complexity, depending on an assessment of the project circumstance and the stage of the work. The Caltrans Task Order Manager will specify if reports may be in letter form, addressed to the Caltrans Task Order Manager. The Contractor if required by the Caltrans Contract Manger shall prepare more formal and detailed reports. The Caltrans Task Order Manager will review reports for completeness, accuracy, and adequacy and may require the Contractor to supply additional information and analyses. The Contractor may be required to prepare any or all of the following types of reports:
Contractor's Name Agreement Number 06A1964 Page 30 of 37 EXHIBIT A Public Works - Federal 1) Work Plans (WP) Work plans shall describe the methods intended to accomplish the work specified in the Task Order. The work plan shall include maps of proposed sampling locations, sampling and analysis methodology, work scheduling, plans for accomplishing the work and for disposing of drill cuttings and any other wastes. 2) Health and Safety Plans (HSP): Health and Safety Plan requirements are described in Exhibit A, item 15 above. 3) Letter Reports a) Letter reports shall include a summary of all field activities and observations, boring logs if drilling was conducted, number of boreholes drilled, type and number of samples collected with sample identifier, type of equipment used, a summary of the laboratory results and conclusions from the work. The following shall be included as appendices, as appropriate to the investigation or as specified by the Caltrans District Hazardous Waste Coordinator: i. Maps. ii. Boring Logs. iii. Laboratory reports (in tabular form). iv. Chain of Custody forms. 4) Site investigation and Field Activity Reports. The following are standard report requirements for site investigations and field activities such as tank removals or waste removals. Specific information requirements are provided for certain types of investigative work. The Caltrans Task Order Manager may reduce the level of reporting required in an individual Work Request. The site investigation report shall include the following items in the following format unless otherwise specified by the Caltrans Task Order Manager: a) Title sheet identifying Task Order, project name and Expenditure Authorization (EA), project location, contract number, Contractor name, name of author and date prepared. b) Signature page with signature, title and registration number of the geologist or engineering geologist, licensed in the State of California, who is the Contractorâs Project Manager for the investigation. 35. General Report Content and Data Evaluation Methodology A) Data Evaluation and Discussion: Site investigation or field activity results shall be evaluated in the report. Data evaluation shall include: 1) Maps showing the site, feature locations, boring and well locations, vertical and horizontal extent of contamination, contour maps of contaminant concentrations, hydraulic gradient. All maps shall have title blocks, scale and north arrow. Map scale shall be approved by the Caltrans District Hazardous Waste Coordinator
Contractor's Name Agreement Number 06A1964 Page 31 of 37 EXHIBIT A Public Works - Federal 2) Cross sections showing subsurface geologic and hydrologic conditions, sample results and estimated extent of contamination. An estimate of volume of contaminated soil and ground water present must be given along with assumptions and calculations used. 3) Charts showing contamination levels of soil and/or ground water in specific, identifiable locations; 4) Color photographs that document the site surroundings, the investigation area with flagged boring locations, and any significant geological features; 5) Additional photographs that document the progress of the investigation, or any significant areas or activities, shall be by request of the Caltrans District Hazardous Waste Coordinator or specified in the Work Request; 6) Statistical analysis of sample results estimating trends, contaminant distribution and average concentration; 7) All maps, cross sections, and graphs shall be backed up by data and shall be included in the reports; and 8) Summary of laboratory results. 9) Conclusions and Recommendations: This section shall describe the type, extent, and estimated amount of contamination. Recommendations for any necessary additional work to characterize the site or make ready for construction and the cost of that work shall be included in this section. Basic information on remedial options and their estimated cost shall be included if specified in the Task Order. 10) Identification of subcontractors used and staff performing work, including resumes, if not provided in the bid proposal. B) Appendices that contain all data used to support the report, such as: 1) Well and boring logs for both existing and new wells and soil borings. This includes all wells that can influence hydrogeologic conditions of the site, not just wells used to develop cross sections. 2) Copies of well permits from the State Department of Water Resources, county regulatory agencies or other local or regional agency 3) Laboratory analysis of each sample tested. Laboratory reports must include Chain of Custody forms that contain required EPA and Department of Public Health (DPH) information (See Laboratory Test Report section for reporting requirements). C) Lead Investigation Data Evaluation Report 1) The aerially deposited lead (ADL) data is nonparametric. The Contractor shall use either arcsine transformation and/or the Nonparametric Bootstrap Method to evaluate aerially deposited lead survey data at 90% and 95% upper confidence level (UCL).
Contractor's Name Agreement Number 06A1964 Page 32 of 37 EXHIBIT A Public Works - Federal 2) The presence of non-detects in the lead analysis data can strongly skew sample data toward low values. Classical statistical methods do not work properly in these cases. A natural log (ln(x)) transformation of the data allows calculation of upper confidence intervals for the mean. A histogram of the data set shall be developed to determine if the data are skewed and if transformation is necessary. If a data set is skewed, the data will be transformed using an ln(x) transformation and a new histogram developed to document the transformation. Please note: analytical results for total and soluble lead will have results below the method detection limits. Non-detect results should be numerically set at one half the detection limit and all results used in calculations. 3) Total lead levels are often below 50mg/kg and a follow up WET analysis will not be necessary. Consequently, a project may have, for example, 30 total lead analyses and five (5) WET analysis. Of the five (5) WET analysis, three (3) may have lead levels which exceed the regulatory limit for hazardous waste of 5 mg/l. In this case, three (3) out of 30 samples would not necessarily make the sediment next to the road a hazardous waste. On the other hand, a single very high lead level out of many samples may not be representative of the concentrations of lead in sediment at a project and would not be considered representative of the waste. Good judgment and documentation of the data and how it is used is very important. In general, all sample data should be considered and used when evaluating lead levels and determining if a material is hazardous, triggers the Variance, and consequently which cover controls are necessary. 4) If the data is statistically analyzed using ProUCL from EPA, the version and results shall be noted in the report. D) Correlation of Total and Soluble Lead 1) Total lead and soluble lead (California WET) are bivariate data with a linear structure. Generally, the plot of the data shows basically a straight line trend except for some randomness. A lack of correlation usually means that the total and soluble lead samples were not pulled from the same sample aliquot. The correlation coefficient can be used as a quality check of the data. A correlation/regression analysis shall be performed on the data comparing soluble lead levels to total lead levels. 2) The following correlation coefficient formula (or equivalent) shall be used: r = XY( )â X à Y Sx à Sy à n n â1 3) Where: XY( )= the average of products or the average of each soluble lead level multiplied by the matching total lead level. 4) X = the soluble lead average.
Contractor's Name Agreement Number 06A1964 Page 33 of 37 EXHIBIT A Public Works - Federal 5) Y = the total lead average. 6) Sx = the standard deviation of soluble lead. 7) Sy = the standard deviation of total lead. 8) n = the number of samples. E) If the analysis indicates a correlation coefficient below 0.8, this must be explained in the report or the sample procedures adjusted and the sample reanalyzed for both total and soluble lead. The best time to look at this data is at the lab where problems can be resolved quickly and within the task order schedule. F) For the linear regression analysis the soluble levels vs. the total levels will be graphed and a best fit line plotted for the data. A least squares method shall be used to estimate a straight line. This estimate is easily (and routinely) done by computer. The formula t G) The slope of the line = (correlation) x (standard deviation of the total lead)/(standard deviation of the soluble lead). H) The intercept of the line = (average total lead concentration) - (line slope) x (average soluble lead level). I) Once the slope and the intercept are found, the line itself is known and can be drawn in the bivariate plot of the data. This graph can be used to approximate the expected solubility concentration from the average total concentrations. J) If the data is statistically analyzed using ProUCL from EPA the version and results shall be noted in the report. K) The lead in soil investigation report shall include the following items in the following format: 1) Title sheet identifying task order number, Project Identification number (ID), project name, project locations, contract number, Contractor name, name of author and the date prepared. 2) Signature page with signature, title and registration number of the geologist, or engineering geologist, licensed in the State of California, who is the Contractorâs Project Manager for the investigation. L) Table of Contents: Investigative Summary â This section shall present and summarize the findings of the investigation. M) Project Description â This section shall include the general objectives of the investigation, a short chronology of site activities, previous site work, and items of work completed for the investigation. N) Investigative methods - This section shall describe the field methods used for the investigation and any deviations from the Work Plan
Contractor's Name Agreement Number 06A1964 Page 34 of 37 EXHIBIT A Public Works - Federal Investigative Results and Field observations - This section shall include a discussion of the sediment conditions observed during the investigation, and chemical tests results (as described in laboratory testing). The data shall be presented in clear concise form and summarized in table form, including previous work or results. O) Data Evaluation and Discussion - Site investigation results shall be evaluated in the report. Data evaluation shall include: P) Maps showing the site, boring locations, total and soluble lead levels found in each boring. Q) All maps shall have title blocks, scale and north arrow and should be drawn to scale sheets supplied by the Caltrans District Hazardous Waste Coordinator and shall have the Engineers stamp removed from the maps used in the report. R) Tables of laboratory results showing total and soluble lead levels in soil samples in specific, identifiable locations. Extraction ratio for total vs. soluble. S) Statistical evaluation, tables and graphs. The mean, median, standard deviation, and 90% and 95% (if required) upper confidence level (UCL) shall be calculated and histograms of the original data and transformations shall be supplied. The report shall include a graph showing the total versus soluble lead levels and a least squares regression line. The arcsine transformation and/or bootstrap method are allowed used to determine the confidence interval shall be referenced or reproduced in the report. The report shall include a determination of the concentration. The attachment shows the total and soluble lead concentrations that would be expected in each layer of soil depending on how the various levels of soil were segregated. The data shall be compared to Title 22 criteria and the DTSC Variance. The statistical results shall be clearly described in the text. T) All maps, cross sections, and graphs shall be backed up by data and shall be included in the reports. U) Conclusions and Recommendations - This section shall describe the type, extent, and estimated amount of contamination. Recommendations for material handling shall be presented based on DTSC Variance requirements and/or disposal requirement per the health and Safety Code or exceptions. V) Identification of subcontractors used and staff performing work, including resumes, if not provided in the bid proposal. W) Laboratory analysis of each sample tested. Laboratory reports must include Chain of Custody forms that contain required EPA and Department of Public Health (DPH) information (See Laboratory Test Report section for reporting requirements). X) Trenching Reports
Contractor's Name Agreement Number 06A1964 Page 35 of 37 EXHIBIT A Public Works - Federal 1) When trenching activities are included in the Task Order, the following categories of information shall be included in the report, in addition to the general site investigation report requirements: 2) A detailed description of the subsurface conditions with color photographs and sketches to illustrate subsurface features. 3) A description of the field activities. 4) A summary table of OVA (organic vapor analyzer) and PID (photo ionization detector) readings, when they were taken, and summary tables of the sample results. 5) A map showing the trench location and the sample locations within the trench (the map shall show other relevant site features, boring and monitoring well locations). 6) Trench log. An analysis of the subsurface conditions found in the trench and how the results relate to conditions found in any other phase of the investigation. Y) Laboratory Test Reports. Complete copies of all laboratory reports, including QA/QC summary reports, shall be placed in an appendix of the field report. Chromatographs shall be provided with the laboratory reports at no additional cost to Caltrans. The Contractor shall keep the chromatographs on file and provide to Caltrans upon request. Laboratory test reports shall contain all of the following information: 1) Name of analytical laboratory. 2) Address of laboratory. 3) Telephone number of laboratory. 4) Laboratory number for each sample reported. Contractor's number for each sample reported, if applicable. 5) Date sample(s) collected. 6) Date sample(s) received by laboratory. 7) Date of laboratory testing. 8) Brief sample description (i.e. soil, water, sludge, etc.). 9) Specific test method. 10) Extraction method utilized (if not unique to test method). 11) Test result for each sample and method (reported in mg/kg or mg/liter as appropriate). 12) Limit of detection for each test method (reported in mg/kg or mg/liter as appropriate). 13) Written explanation of higher detection limits, laboratory contaminants, or other unusual results.
Contractor's Name Agreement Number 06A1964 Page 36 of 37 EXHIBIT A Public Works - Federal 14) Samples which failed QA/QC procedures and why. 15) Date of test report. 16) Signature and title of the director of the laboratory. Z) Removal Action Plans/Remedial Actions Option Reports 1) This report may be either a section of a field report or a separate report, as requested by the Caltrans Task Order Manager This report includes a review of one to three potentially feasible remedial actions and associated costs. The number of options addressed shall be agreed to by the Caltrans Task Order Manager. The review must be of sufficient depth and breadth for Caltrans to make an informed decision on the most appropriate remedial action for a specific hazardous waste or container problem at a specific site. The report shall include: 2) An analysis of the no action alternative and at least two other remedial alternatives. Each alternate analysis should address: time, operation and maintenance requirements, risks to health and environment, cost-effectiveness, level of cleanup, the physical limitations of the site, and the impact of the cleanup methods on the continuing construction activities and Caltrans use. 3) Effectiveness of the treatment on the material in question and the applicability of the alternative relative to the project life. 4) Reliability of the alternatives in terms of demonstrated effectiveness and the operation and maintenance requirements. 5) Ability to implement the alternative given the site conditions, location and time frame. 6) Potential threats to the public and site worker safety by the treatment. AA) Waste Disposal Reports Reports of waste disposal shall cover the following, as they pertain to soil, surface water, ground water, debris, drums, and asbestos pipe removal and disposal: 1) Sample analysis, locations, and results for all confirmation sampling. 2) Locations of removal and volume removed. 3) Dates of actions. 4) Deviations from the work plan. 5) Disposal location and copy of the manifest. 6) Name and address of companies participating in work. 7) Figures and maps as necessary to document above activities. 36. Traffic Control Traffic control (barricades, portable flashing beacons, and detours), when necessary to accomplish the contract work, will be the responsibility of Caltrans unless otherwise specified in the Task Order. The Contractor must request traffic control in advance of
Contractor's Name Agreement Number 06A1964 Page 37 of 37 EXHIBIT A Public Works - Federal work if it is deemed necessary for these operations. Limited work hours, night work or weekend work may be necessitated by the closure schedule that is approved by Caltrans for on State Freeways or highways. For work outside of Caltrans right-of-way, the Contractor shall provide Traffic Control in coordination with the appropriate local jurisdiction and/or private owners. 37. Caltrans Services A) Caltrans will make available to the Contractor the following information, materials, and services: 1) Map of the site to be used in preparation of plans and reports. 2) Copies of available borehole logs, if necessary. 3) Necessary right of entry permission for any work on adjacent private property or that requires access through private property. The conditions of the right of entry agreement to the property will be explained to the Contractor prior to the start of work. The Contractor shall know and follow the terms and conditions of the right of entry agreement. 4) The Caltrans District Hazardous Waste Coordinator or a designated representative will sign all Hazardous Waste Manifests for hazardous waste removed from the site. The Contractor shall not sign the Hazardous Waste Manifest as the generator. 38. The Caltrans District Hazardous Waste Coordinator or a designated representative shall obtain EPA identification numbers
Contractor's Name Agreement Number 06A1964 Page 1 of 9 EXHIBIT B Public Works â Federal BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. For Task Orders satisfactorily rendered and approved by Caltrans Contract Manager, and upon receipt and approval of the invoices, Caltrans agrees to compensate the Contractor in accordance with the Bid Proposal, Attachment 1 and this Exhibit B. Incomplete or disputed invoices shall be returned to the Contractor, unpaid, for correction. B. In compliance with the recent passage of the revised regulation (Title 49 CFR 26.37), the Disadvantaged Business Enterprises Utilization Report form (ADM-3069) is required, as specified, in this Agreement. 1. The Contractor shall submit a Disadvantaged Business Enterprises Utilization Report (ADM-3069), Attachment 4, with each invoice. Also refer to Exhibit D, Special Terms and Conditions. 2. Failure to provide the Disadvantaged Business Enterprises Utilization Report (ADM-3069) with the invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Contractor when a satisfactory Disadvantaged Business Enterprises Utilization Report (ADM-3069) form is submitted to Caltrans Contract Manager. B. Invoices shall be itemized in accordance with Bid Proposal, Attachment 1, and shall be signed and submitted in triplicate not more frequently than monthly in arrears of the service. C. Each invoice shall include: 1) Agreement Number 2) Dates of Service 3) Location of Service 4) Service Month 5) Task Order Number 6) Description of Task Order 7) Attachment 1, Line Items and Quantities Provided. Department of Transportation (Program/Division/District) ____ Attn: ___ (Contact Manager) _____ (Street/P.O. Box)______________ (City, State, Zip)_______________
Contractor's Name Agreement Number 06A1964 Page 2 of 9 EXHIBIT B Public Works â Federal C. Extra Work: As specified in Exhibit A, Section 9, if additional services are required, the Contractor will be reimbursed per Attachment 1, Bid Proposal. All approved documentation must be attached to the invoices and must have the Caltrans Contract Managerâs signed and dated approval. D. Both Federal and State prevailing wage requirements apply to this Agreement. Contractor shall ascertain which prevailing wage determination applies for each type of work performed. Where there is a conflict in State and Federal prevailing wage rates for the same work, Contractor shall pay the higher of the two rates. E. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or Designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor. 2. Budget Contingency Clause A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to Caltrans by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner. C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. D. Pursuant to Government Code (GC), Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency. E. Caltrans has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds. 3. Cost Limitation A. Total amount of this Agreement shall not exceed (amount of Agreement). B. It is understood and agreed that this total is an estimate and that Caltrans will pay only for those services actually rendered as authorized by the Agreement manager or his/her designee.
Contractor's Name Agreement Number 06A1964 Page 3 of 9 EXHIBIT B Public Works â Federal 4. Materials/Supplies For work required under this Agreement, the Contractorâs costs associated with the purchase and installation of materials/supplies are considered as a component of the Contractor's hourly rate for services that include wages, overhead, general and administrative expenses and profit. For materials/supplies purchased per Extra Conditions, Exhibit A, Section 9, the Contractor will be reimbursed for the actual cost of materials/supplies purchased to be used at the work site in performance of the Agreement (including applicable sales tax), without additional allowance for markup. Cost of materials/supplies are to be substantiated by a copy of the appropriately signed original invoice verifying the actual cost and delivery of the material/supplies to Caltrans. 5. Costs Included in Bid Rates A. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments INCLUDING SALES AND USE TAXES required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide. B. Contractors shall make travel and subsistence payments to each worker in compliance with Labor Code sections 1773.1 and 1773.9. Travel and subsistence requirements are available on the Department of Industrial Relations website at http://www.dir.ca.gov/DLSR/PWD/. 6. Payroll Records A. The Contractor and each Subcontractor shall comply with the following provisions. The Contractor shall be responsible for compliance by his/her subcontractors. 1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor or Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a) The information contained in the payroll record is true and correct. b) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 2) The payroll records enumerated under paragraph (1) above shall be certified. The payrolls and records related to employee wages, fringe benefits, payroll tax and
Contractor's Name Agreement Number 06A1964 Page 4 of 9 EXHIBIT B Public Works â Federal deductions shall be available for inspection and copying by Caltransâ representatives at all reasonable hours at the principal office of the Contractor. a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of Caltransâ, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Caltrans, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contractor. c) The public shall not be given access to certified payroll records by the Contractor. The Contractor is required to forward any requests for certified payrolls to the Caltrans Contract Manager by both facsimile and regular mail on the business day following receipt of the request. 3) Each Contractor shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) days after receipt of a written request. 4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated. 5) The Contractor shall inform Caltrans of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. 6) The Contractor or Subcontractor shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Contractor or Subcontractor fails to comply within the ten-day period, he or she shall, as a penalty to Caltrans, forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Caltrans from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. B. The penalties specified in paragraph 5 A. (6) above for noncompliance with the provisions of said Section 1776 will be deducted from any monies due or which may
Contractor's Name Agreement Number 06A1964 Page 5 of 9 EXHIBIT B Public Works â Federal become due to the Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not retention that will be returned to the Contractor. C. Payrolls shall contain the full name, address and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. The employee's address and social security number need only appear on the first payroll on which his name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required âStatement of Complianceâ will be deemed inadequate and unacceptable. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. D. The Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. E. The Contractor shall submit a certified copy of all payroll records for verification by Caltransâ Contract Manager and/or Designee with each invoice. When progress payments are called for, the Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 7. Penalty A. The Contractor and any Subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to Caltrans, not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the contract by him or her, or by any subcontractor under him/her, in violation of the provisions of the Labor Code and, in particular, Labor Code Sections 1775 to 1780, inclusively. B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or Subcontractor in meeting his or her prevailing wage obligations, or a Contractor's willful failure to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or Subcontractor had knowledge of the obligations under
Contractor's Name Agreement Number 06A1964 Page 6 of 9 EXHIBIT B Public Works â Federal the Labor Code. Any contractor that executes and receives a copy of this Agreement is deemed to have knowledge of his or her obligations regarding the Labor Codeâs prevailing wage requirements. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or Subcontractor. C. If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the prime Contractor of the project is not liable for any penalties described above unless the prime Contractor had knowledge of that failure of the Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements: 1.) The Agreement executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1775.5, 1776, 1813 and 1815 of the Labor Code. 2.) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees by periodic review of the certified payroll records of the Subcontractor. 3.) Upon becoming aware of the failure of the Subcontractor to pay his or her workers the specific prevailing rate of wage, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited, to retaining sufficient funds due the Subcontractor for work performed on the public works project. 4.) Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury for the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. D. Pursuant to Section 1775 of the Labor Code, Caltrans shall notify the Contractor on a public works project within 15 days of receipt of a complaint that a Subcontractor has failed to pay workers the general prevailing rate of per diem wages. E. If Caltrans determines that employees of a Subcontractor were not paid the general prevailing rate of per diem wages and if Caltrans did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by Caltrans. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.
Contractor's Name Agreement Number 06A1964 Page 7 of 9 EXHIBIT B Public Works â Federal 8. State General Prevailing Wage Rates A. The Contractor agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Contractor further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement. B. Pursuant to Section 1771.5 of the Labor Code, not less than the general prevailing wage rate of per diem wages and the general prevailing rate of per diem wages for holiday and overtime work for work of a similar character in the county in which the work is to be performed shall be paid to all workers employed on this Agreement, if this Agreement is for: 1.) More than $25,000 for public works construction or, 2.) More than $15,000 for the alteration, demolition, installation, repair, or maintenance of public works. C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 9. State Prevailing Wage Rate Determinations A. The General Prevailing Wage Rate Determinations applicable to the project are available and on file with Caltransâ Regional/District Labor Compliance Office. These wage rate determinations are made a specific part of this contract by reference pursuant to Labor Code Section 1773.2. Any special wage rate determinations applicable to this project are attached. B. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at: http://www.dir.ca.gov/ C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations are to be obtained by the Contractor from Caltransâ District/Regional Labor Compliance Officer. These wage rate determinations are to be posted by the Contractor at the job site in accordance with Section 1773.2 of the California Labor Code. D. Questions pertaining to predetermined wage rates should be directed to Caltrans Regional or District Labor Compliance Office. A list of local Labor Compliance Offices is attached as Attachment 5. 10. Federal Prevailing Wage A. The work herein proposed will be financed in whole or in part with Federal funds; therefore, all of the statutes, rules, and regulations promulgated by the Federal government are applicable to work financed in whole or in part with Federal funds and will be applicable to work performed at a construction project site.
Contractor's Name Agreement Number 06A1964 Page 8 of 9 EXHIBIT B Public Works â Federal B. Federal Requirements 1. Federal Requirements for Federal-Aid Construction Projects provisions shall apply to this Agreement and are made a part of the Agreement. C. The current Federal Prevailing Wage Determinations issued under the Davis-Bacon and related Acts shall apply to this Agreement and are made a part of the Agreement. 1. When prevailing wage rates apply, the Consultant must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by the Caltrans Contract Manager. 2. If there is any conflict between the State Prevailing wages and the Federal Prevailing Wages, the higher rate shall be paid. 3. Any subcontract entered into as result of this Agreement shall contain all of the provisions of this Exhibit. 11. Hours of Labor A. Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit, as a penalty to the State of California, twenty-five dollars ($25.00) for each worker employed in the execution of the Agreement by the Contractor or any Subcontractor under the Contractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code, and in particular Sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half times the basic rate of pay, as provided in Section 1815. B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause. 12. Employment of Apprentices A. Where either the prime contract or the subcontract exceeds $30,000, the Contractor and any subcontractors under him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices. B. Contractors and subcontractors are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contractors and subcontractors are advised to contact the State Division of Apprenticeship Standards, P. O. Box 420603, San Francisco, California 94142-0603, or one of its branch offices, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the contract work. The prime Contractor is responsible
Contractor's Name Agreement Number 06A1964 Page 9 of 9 EXHIBIT B Public Works â Federal for all subcontractorsâ compliance with these requirements Penalties are specified in Labor Code Section 1777.7. C. Any subcontract entered into as a result of this contract shall contain all of the provisions of this article.
Contractor's Name Agreement Number 06A1964 Page 1 of 10 EXHIBIT D Public Works â Federal SPECIAL TERMS AND CONDITIONS 1. Settlement of Disputes A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by Agreement shall be decided by the Caltrans Contract Officer, who may consider any written or verbal evidence submitted by the Contractor. The decision of the Caltrans Contract Officer, issued in writing, shall be Caltransâ final decision on the dispute. B. Neither the pendency of a dispute nor its consideration by the Caltrans Contract Officer will excuse the Contractor from full and timely performance in accordance with the terms of the Agreement. 2. Termination A. If, after award and execution of the Agreement, the Contractorâs performance is unsatisfactory, the Agreement may be terminated for default. Additionally, the Contractor may be liable to Caltrans for damages including the difference between the Contractorâs original bid price and the actual cost of performing the work by another Contractor. Default is defined as the Contractor failing to perform services required by the Agreement in a satisfactory manner. B. Caltrans reserves the right to terminate this Agreement without cause upon thirty (30) days written notice to the Contractor or immediately in the event of default or material breach by the Contractor. C. Caltrans may terminate this Agreement immediately for good cause. The term "good causeâ may be defined as "impossibility of performanceâ or âfrustration of purpose,â but does not include material breach, default, or termination without cause. In this instance, the Agreement termination shall be effective as of the date indicated on Caltransâ notification to the Contractor. D. In the event that the total Agreement amount is expended prior to the expiration date, Caltrans may, at its discretion, terminate this Agreement with 30 days notice to Contractor. 3. Retention of Records/Audits A. For the purpose of determining compliance with GC, Section 8546.7, the Contractor and Subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of
Contractor's Name Agreement Number 06A1964 Page 2 of 10 EXHIBIT D Public Works â Federal the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause. 4. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between Caltrans and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to Caltrans for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from Caltransâ obligation to make payments to the Contractor. As a result, Caltrans shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. B. The contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on (Attachment 2), Subcontracting Provisions/List. C. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. D. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by Caltrans. E. Any substitution of Subcontractors shall comply with the requirements of Public Contract Code Section 4100 et seq., and must be approved in writing by the Caltrans Contract Manager in advance of assigning work to a substitute Subcontractor. 5. Employment of Undocumented Aliens By signing this contract, the contractor swears or affirms that it has not, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented aliens. 6. Bonds (Task Order) Prior to commencement of work under this Task Order, the Contractor shall submit a Payment Bond for 100% of the Task Order, if the Task Order is over $25,000. The Payment Bond is due prior to the start date of the Task Order. No work may commence without receipt of a valid Payment Bond as noted herein.
Contractor's Name Agreement Number 06A1964 Page 3 of 10 EXHIBIT D Public Works â Federal 7. DBE Information and Contract Goal Requirement for DBE Participation A. This Agreement is subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26), entitled âParticipation by Disadvantaged Business Enterprises (DBEs) in Department of Transportation Financial Assistance Programs,â in the award and administration of federally assisted Agreements. The regulations in their entirety are incorporated by reference and made part of this Agreement as if attached hereto. B. A DBE is a firm which meets the definition of a DBE as specified in 49 CFR 26. Only the participation of certified DBEs will count toward any Agreement goal. DBE participation will count toward Caltransâ federally mandated overall annual DBE goal. In order to ascertain whether its overall annual DBE goal is being achieved, Caltrans tracks DBE participation on all federal-aid contracts. C. The certified DBE participation contract goal for this Agreement is twenty-one percent (21Participation by DBE prime and Subcontractors shall be in accordance with the information contained in the Disadvantaged Business Enterprise (DBE) Information form ADM-0227f, attached hereto and incorporated as part of this Agreement. D. Non-compliance by Contractor or Subcontractor(s) with the requirements of the regulations is a material breach of this Agreement and may result in termination of the Agreement or other such appropriate remedy for a breach of this Agreement, as Caltrans deems appropriate. E. Contractor or subcontractor shall not discriminate on the basis of race color, national origin or sex in the performance of this Agreement. Each subcontract signed by and between Contractor and Subcontractor(s) in the performance of this Agreement must include this assurance. 8. Performance of DBE Contractors, and other DBE Subcontractors/Suppliers A. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible for materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. B. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an
Contractor's Name Agreement Number 06A1964 Page 4 of 10 EXHIBIT D Public Works â Federal extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, presume that it is not performing a CUF. D. DBE subcontractors shall perform the work and supply the materials which they have listed in their response to the Agreement award requirements specified in the form ADM 0227F, attached, unless Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in the Section 13 below entitled, âDBE Substitutionâ. E. Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Contractor) pursuant to prior written authorization of the Caltrans Contract Manager. 9. Exclusion of Retention A. In conformance with 49 CFR 26.29 (b) (1), the retention of proceeds required by Public Contract Code (PCC), Section 10261 shall not apply. B. In conformance with Public Contract Code (PCC) Section 7200 (b), in subcontracts between Contractor and a Subcontractor and in subcontracts between a Subcontractor and any Subcontractor thereunder, retention proceeds shall not be withheld, and the exceptions provided in PCC Section 7200 (c), shall not apply. At the option of Contractor, Subcontractor(s) may be required to furnish payment and performance bonds issued by an admitted surety insurer. C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 10. Payment to DBE and Non-DBE Subcontractor(s) A. Contractor shall pay its DBE Subcontractor(s) and non-DBE Subcontractor(s) within ten (10) calendar days from receipt of each payment made to Contractor by the State. B. Prior to the fifteenth of each month, Contractor shall submit documentation to Caltrans Contract Manager showing the amount paid to DBE trucking companies listed in Contractorâs DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies, which is claimed toward DBE participation. Contractor shall also obtain and submit documentation to Caltrans Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that amount of
Contractor's Name Agreement Number 06A1964 Page 5 of 10 EXHIBIT D Public Works â Federal credit claimed toward DBE participation conforms to the requirements of Section 13 below entitled, âDBE Substitutions.â C. Contractor shall also submit to Caltrans Contract Manager documentation showing the truck number, name of owner, California Highway Patrol CA number and if applicable, the DBE certification number of the truck owner for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on the Monthly DBE Trucking Verification form provided to Contractor by Caltrans Contract Manager. D. Contractor shall return all moneys withheld in retention from a Subcontractor within thirty (30) days after receiving payment for work satisfactorily completed, even if other Agreement work is not completed and has not been accepted in conformance with the terms of the Agreement. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Contractor or Subcontractor in the event of a dispute involving late payment or non- payment to Contractor or deficient subcontract performance or noncompliance by a Subcontractor. 11. DBE Records A. Contractor shall maintain records of all subcontracts entered into with certified DBE Subcontractor(s) and records of materiel purchased from certified DBE supplier(s). The records shall show the name and business address of each DBE Subcontractor or vendor and the total dollar amount actually paid each DBE Subcontractor or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE (prime) Contractor shall also show the date of work performed by its own forces along with the corresponding dollar value of the work. B. Contractor shall prepare and submit the Disadvantaged Business Enterprises Utilization Report (ADM-3069) form (Attachment 4) to the Caltrans Contract Manager with every invoice (refer to Exhibit B, Budget Detail and Payment Provisions). 12. DBE Substitutions A. Contractor shall not substitute or add a subcontractor, supplier or, if applicable, a trucking company, listed in the original bid/proposal without the prior written approval of the Caltrans Contract Manager. This includes work that a prime contractor can perform with its own forces, or with a non-DBE firm, or another DBE firm. B. Prior to the substitution request, the prime contractor must notify the DBE, in writing, of the intent to substitute allowing for five days of response time in opposition of the rejection. C. The prime contractor must have good cause in which to substitute the DBE firm. A good cause includes:
Contractor's Name Agreement Number 06A1964 Page 6 of 10 EXHIBIT D Public Works â Federal 1) The DBE fails or refused to execute a written contract. 2) The DBE fails or refuses to perform the work consistent with normal industry standards. 3) The DBE fails or refuses to meet the prime contractorâs nondiscriminatory bond requirements. 4) The DBE becomes bankrupt or has credit unworthiness. 5) The DBE is ineligible to work because of suspension and debarment. 6) It has been determined that the DBE is not a responsible contractor. 7) The DBE voluntarily withdraws, with written notification, from the contract. 8) The DBE is ineligible to receive credit for the type of work required. 9) The DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 10) Or other documented compelling reason. D. The Contractor must make an adequate GFE to find another certified DBE Subcontractor to substitute for the original DBE. The GFE shall be directed at finding another DBE to perform at least the same amount of work under the Agreement as the DBE that was substituted to the extent needed to meet the established contract goal for DBE participation. E. Noncompliance by Contractor with the requirements of this section is considered a material breach of this Agreement and may result in termination of the Agreement or other such appropriate remedies for a breach of this Agreement as Caltrans deems appropriate. F. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions after award of the Agreement. DBEs substituted after award must be certified at the time of the substitution. G. At a minimum, Contractorâs substitution request to Caltrans Contract Manager must include a: 1) Written explanation of the substitution reason; and if applicable, Contractor must also include the reason a non-DBE Subcontractor is proposed for use. 2) Written description of the substitute business enterprise, include its business status, DBE certification number, and status as a sole proprietorship, partnership, corporation, or other entity. 3) Written notice detailing a clearly defined portion of the work identified both as a task and as a percentage share/dollar amount of the overall Agreement that the substitute firm will perform.
Contractor's Name Agreement Number 06A1964 Page 7 of 10 EXHIBIT D Public Works â Federal H. Prior to the approval of Contractorâs substitution request, Caltrans Contract Manager must give written notice to the Subcontractor being substituted by Contractor. A copy of the notice sent by Caltrans Contract Manager must be sent to the Division of Procurement and Contracts (DPAC). The notice must do all of the following: 1) Give the reason Contractor is requesting substitution of the listed Subcontractor; 2) Give the listed Subcontractor five working days within which to submit written objections to DPAC and copies to Caltrans Contract Manager; 3) Notify the subcontractor that if a written objection is not received or received past the due date, such failure will constitute consent to the substitution; and 4) Be served by certified or registered mail to the last known address of the listed Subcontractor. I. The listed Subcontractor, who has been so notified, shall have five working days within which to submit written objections to the substitution to Caltrans Contract Manager. Failure to submit a written objection shall constitute the listed Subcontractorâs consent to the substitution. If written objections are filed by the listed Subcontractor, DPAC will render a written decision. DPAC shall give written notice of at least five (5) working days to the listed Subcontractor of a hearing by Caltrans on Contractorâs request for substitution. 13. DBE Certification and De-certification Status A. If a DBE Subcontractor is decertified during the life of the Agreement, the decertified Subcontractor shall notify Contractor in writing with the date of decertification. If a Subcontractor becomes a certified DBE during the life of the Agreement, the Subcontractor shall notify Contractor in writing with the date of certification. B. Contractor shall report any changes to Caltrans Contract Manager within 30 days. 14. DBE Eligibility A. The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid. B. Credit for DBE Prime Contractors Contractor, if a certified DBE, is eligible to claim all of the work toward the goal except that portion of the work to be performed by non-DBE Subcontractors. C. Credit for Material or Supplies Credit for materials or supplies purchased from DBEs will be as follows: 1) If the materials or supplies are obtained from a DBE manufacturer, one hundred percent (100%) of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or
Contractor's Name Agreement Number 06A1964 Page 8 of 10 EXHIBIT D Public Works â Federal equipment required under the Agreement and of the general character described by the specifications. 2) If the materials or supplies purchased from a DBE regular dealer, sixty percent (60%) of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this paragraph. 3) If the person both owns and operates distribution equipment for the products, any supplementing of regular dealersâ own distribution equipment shall be by a long- term lease agreement and not an ad hoc or Agreement by Agreement basis. Packagers, brokers, manufacturersâ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. 4) Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. D. Credit for DBE trucking companies will be as follows: 1) The DBE must manage and supervise the entire trucking operation for which it is responsible. There cannot be a contrived arrangement for the purpose of meeting the DBE goal. 2) The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. 3) The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. 4) The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement.
Contractor's Name Agreement Number 06A1964 Page 9 of 10 EXHIBIT D Public Works â Federal 5) The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. 6) For the purposes of this paragraph, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 15. Termination of DBE A. Contractor shall not terminate a DBE Subcontractor, supplier or, if applicable, a trucking company, listed in the original bid/proposal without the prior written approval of the Caltrans Contract Manager. This includes work that a prime contractor can perform with its own forces, or with a non-DBE firm, or another DBE firm. B. Prior to the termination request, the prime contractor must notify the DBE, in writing, of the intent to terminate allowing for five days of response time in opposition of the rejection. C. The prime contractor must have good cause in which to terminate the DBE firm. A good cause includes: 1) The DBE fails or refused to execute a written contract. 2) The DBE fails or refuses to perform the work consistent with normal industry standards. 3) The DBE fails or refuses to meet the prime contractorâs nondiscriminatory bond requirements. 4) The DBE becomes bankrupt or has credit unworthiness. 5) The DBE is ineligible to work because of suspension and debarment. 6) It has been determined that the DBE is not a responsible contractor. 7) The DBE voluntarily withdraws, with written notification, from the contract. 8) The DBE is ineligible to receive credit for the type of work required. 9) The DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 10) Or other documented compelling reason. D. The Contractor must make an adequate GFE to find another certified DBE Subcontractor to substitute for the original DBE. The GFE shall be directed at finding another DBE to perform at least the same amount of work under the
Contractor's Name Agreement Number 06A1964 Page 10 of 10 EXHIBIT D Public Works â Federal Agreement as the DBE that was substituted or terminated to the extent needed to meet the established contract goal for DBE participation. E. Noncompliance by Contractor with the requirements of this section is considered a material breach of this Agreement and may result in termination of the Agreement or other such appropriate remedies for a breach of this Agreement as Caltrans deems appropriate. 16. Air or Water Pollution Violation Under the laws of the State of California, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Contractor's Name Agreement Number 06A1964 Page 1 of 9 EXHIBIT E Public Works - Federal ADDITIONAL PROVISIONS 1. General Provisions Required in all Insurance Policies A. Deductible: Contractor is responsible for any deductible or self-insured retention contained within the insurance program. B. Coverage Term: Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new certificate must be received by the Caltrans Contract Manager at least ten (10) days prior to the expiration of the insurance. Any new insurance must continue to comply with the original terms of this Agreement 06A1964. C. Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide, to the Caltrans Contract Manager within five (5) business days, following receipt by Contactor, a copy of any cancellation or non-renewal of insurance required by this Agreement. In the event Contractor fails to keep, in effect at all times, the specified insurance coverage, Caltrans may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. D. Primary Clause: Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by Caltrans. E. Inadequate Insurance: Inadequate or lack of insurance does not negate the Contractor's obligations under this Agreement. F. Endorsements: Any required endorsements requested by Caltrans must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. G. Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Department of General Services, Office of Risk and Insurance Management (ORIM). If the Contractor is self insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. Department of General Services, ORIM Website: http://www.dgs.ca.gov/orim/home.aspx H. Contractor shall include all of its subcontractors as insured's under Contractor's insurance or supply evidence of insurance to Caltrans equal to the policies, coverageâs and limits required of Contractor. I. Caltrans will not be responsible for any premiums or assessments on the policy. 2. Insurance Requirements A. Commercial General Liability 1) Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and
Contractor's Name Agreement Number 06A1964 Page 2 of 9 EXHIBIT E Public Works - Federal property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor's limit of liability. The policy must include: Caltrans, State of California, its officers, agents, employees and servants are included as additional insured but only with respect to work performed under this Agreement. 2) This endorsement must be supplied under form acceptable to the Department of General Services, Office of Risk and Insurance Management. B. Automobile Liability Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. The same additional insured designation and endorsement required for general liability is to be provided for this coverage. C. Workersâ Compensation and Employerâs Liability Contractor shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. When work is performed on State owned or controlled property the workers' compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided to the Caltransâ Contract Manager. D. Pollution Liability Contractor shall maintain Pollution Liability covering the Contractor's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Limits of not less than $1,000,000 per incident and an annual aggregate amount of $2,000,000 shall be provided. The same additional insured designation and endorsement required for general liability is to be provided for this coverage. 3. Licenses and Permits A. The Contractor shall be properly licensed in accordance with the laws of the State of California and shall possess a class A General Engineering license and a Hazardous Substances Removal and Remedial Actions Hazardous Certifications issued by the California Contractors State License Board (CSLB) C-57 (well drilling) Contractorâs License, Registered Asbestos Contractor per Section 6505.1 of the Labor Code,
Contractor's Name Agreement Number 06A1964 Page 3 of 9 EXHIBIT E Public Works - Federal Certified Asbestos Contractor per Section 7058.5 of the Business and Professions Code B. The Contractor or its subcontractors shall be properly licensed to performed Traffic Control services for the Agreement with one of the following licenses: C31 â Construction Zone Traffic Control Contractor, C32 â Parking and Highway Improvement Contractor. C. The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement. D. If Contractor is located within the State of California, the Contractor must have a business license from the city/county in which it is headquartered, however, if Contractor is a corporation, a copy of its incorporation documents/letter from the Secretary of Stateâs Office may substitute for a business license. If Contractor is located outside the State of California, Contractor must submit to Caltrans a copy of its business license or incorporation papers for its State of residence showing that the Contractor is in good standing in that state. E. In the event any license(s) and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. 4. Licensed Contractor Standards for Quality of Work A. Licensed contractors must observe professional standards for quality of work or the California Contractors State License Board will invoke disciplinary action. B. Notice is hereby given that certain actions by a Contractor, including, but not limited to the following, constitute grounds for disciplinary action once the State has notified the license board of all violations: 1) A willful departure from plans and specifications or disregard of trade standards for good and workmanlike construction in any material respect that might prejudice Caltrans, owner of the property upon which you perform work (Bus. & Prof. Code, 7109). 2) The failure to observe and comply with all of the applicable labor laws (Bus. & Prof. Code 7110). 3) Material failure to complete this Agreement (Bus. & Prof. Code 7113). C. Should Caltrans determine that the work or materials provided vary materially from the specifications, or, that defective work when completed was not performed in a workmanlike manner, then the Contractor warrants that he/she shall perform all
Contractor's Name Agreement Number 06A1964 Page 4 of 9 EXHIBIT E Public Works - Federal necessary repairs, replacement and corrections needed to restore the property according to the contract plans and specifications, all at no further or additional cost to Caltrans. 5. Prohibition of Delinquent Taxpayers Public Contract Code (PCC) Section 10295.4 prohibits the State from entering into an Agreement for goods or services with any taxpayer, whose name appears on either list maintained by the State Board of Equalization or the Franchise Tax Board pursuant to Revenue and Taxation Code sections 7063 and 19195, respectively, of the 500 largest tax delinquencies. PCC Section 10295.4 provides no exceptions to these prohibitions. 6. Rebates, Kickbacks and Other Unlawful Consideration The Contractor warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any state agency employee. For breach or violation of this warranty, Caltrans shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of work performed, or to deduct from the Agreement price or otherwise recover the full amount of each rebate, kickback or other unlawful consideration. 7. Federal Lobbying Activities Certification A. The Contractor certifies, to the best of his or her knowledge and belief, that no State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any State or Federal Agreement, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal Agreement, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor's Name Agreement Number 06A1964 Page 5 of 9 EXHIBIT E Public Works - Federal D. The Contractor also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such Subcontractors shall certify and disclose accordingly. 8. Debarment and Suspension Certification A. The Contractorâs signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contractor or any person associated therewith in the capacity of owner, partner, director, officer, or manager: 1) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3) does not have a proposed debarment pending; and 4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. B. Any exceptions to this certification must be disclosed to Caltrans. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining bidder responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. 9. Laws to be Observed The Contractor shall keep fully informed of all existing and future state and federal laws and county, and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with, and shall cause all agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work. The Contractor shall protect and indemnify the State of California and all officers and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor, a subcontractor, or an employee. If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall immediately report the same to the Caltrans Contract Manager in writing.
Contractor's Name Agreement Number 06A1964 Page 6 of 9 EXHIBIT E Public Works - Federal 10. Specific Statutory Reference Any reference to certain statutes in this Agreement shall not relieve the Contractor from the responsibility of complying with all other statutes applicable to the service, work, or rental to be furnished thereunder. 11. Equipment Indemnification A. The Contractor shall indemnify Caltrans against all loss and damage to the Contractorâs property or equipment during its use under this Agreement and shall at the Contractorâs own expense maintain such fire, theft, liability or other insurance as deemed necessary for this protection. The Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of the Contractor or the Contractorâs employees under this Agreement. B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this article. 12. State-Owned Data - Integrity and Security A. Contractor shall comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1. Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect Caltrans data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 2. Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 3. Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 4. Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 5. Notify the Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 6. Advise the owner of the State-owned data, the agency Information Security Officer, and the agency Chief Information Officer of vulnerabilities that may
Contractor's Name Agreement Number 06A1964 Page 7 of 9 EXHIBIT E Public Works - Federal present a threat to the security of State-owned data and of specific means of protecting that State-owned data. B. Contractor shall use the State-owned data only for State purposes under this Agreement. C. Contractor shall not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) section 5335.1) 13. Non-Solicitation The Contractor warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained or contracted by the Contractor for the purpose of securing business. For breach or violation of this warranty, the state shall have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 14. Interfacing with Pedestrian Vehicular Traffic Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The Contractor shall take all necessary precautions for safe operations of the Contractorâs equipment and the protection of the public from injury and damage from such property. 15. Force Majeure Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule.
Contractor's Name Agreement Number 06A1964 Page 8 of 9 EXHIBIT E Public Works - Federal 16. Requirements for Federally Funded Contracts During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the âContractorâ) agrees as follows: A. Compliance with regulations: The Contractor shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. B. Nondiscrimination: The Contractor, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOTâs Regulations, including employment practices when the Agreement covers a program whose goal is employment. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractorâs obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. D. Information and Reports: The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined Caltrans or any duly authorized representative of the Federal Government to be pertinent to ascertain compliance with such regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to Caltrans, or any duly authorized Federal Agency as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Contractorâs noncompliance with the nondiscrimination provisions of this Agreement, Caltrans shall impose such Agreement sanctions as it or any Federal funding agency may determine to be appropriate, including, but not limited to:
Contractor's Name Agreement Number 06A1964 Page 9 of 9 EXHIBIT E Public Works - Federal a. Withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or b. Cancellation, termination or suspension of the Agreement, in whole or in part. F. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor will take such action with respect to any subcontractor or procurement as Caltrans or any Federal funding agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request Caltrans to enter into such litigation to protect the interest of Caltrans, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
Contractor's Name Agreement Number 06A1964 Page 1 of 21 EXHIBIT F Public Works - Federal FHWA-1273 -- March 10, 1994 Required Contract Provisions Federal-Aid Construction Contracts I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment 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. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.)
Contractor's Name Agreement Number 06A1964 Page 2 of 21 EXHIBIT F Public Works - Federal 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed 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 41 CFR 60-4.3 and the provisions of the American 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 comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. 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, color, national origin, age or disability. Such action shall 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." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual 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: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every 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. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
Contractor's Name Agreement Number 06A1964 Page 3 of 21 EXHIBIT F Public Works - Federal c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, 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 large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. 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. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor
Contractor's Name Agreement Number 06A1964 Page 4 of 21 EXHIBIT F Public Works - Federal will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. 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 contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor 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 women 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: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. 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.
Contractor's Name Agreement Number 06A1964 Page 5 of 21 EXHIBIT F Public Works - Federal c. 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 SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable 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 contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period 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 SHA and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project;
Contractor's Name Agreement Number 06A1964 Page 6 of 21 EXHIBIT F Public Works - Federal 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees 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 being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files.
Contractor's Name Agreement Number 06A1964 Page 7 of 21 EXHIBIT F Public Works - Federal IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA- 1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract.
Contractor's Name Agreement Number 06A1964 Page 8 of 21 EXHIBIT F Public Works - Federal Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification.
Contractor's Name Agreement Number 06A1964 Page 9 of 21 EXHIBIT F Public Works - Federal Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Contractor's Name Agreement Number 06A1964 Page 10 of 21 EXHIBIT F Public Works - Federal 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices.
Contractor's Name Agreement Number 06A1964 Page 11 of 21 EXHIBIT F Public Works - Federal 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-
Contractor's Name Agreement Number 06A1964 Page 12 of 21 EXHIBIT F Public Works - Federal and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon
Contractor's Name Agreement Number 06A1964 Page 13 of 21 EXHIBIT F Public Works - Federal Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract.
Contractor's Name Agreement Number 06A1964 Page 14 of 21 EXHIBIT F Public Works - Federal e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative Furnish materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty
Contractor's Name Agreement Number 06A1964 Page 15 of 21 EXHIBIT F Public Works - Federal items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life 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. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her
Contractor's Name Agreement Number 06A1964 Page 16 of 21 EXHIBIT F Public Works - Federal 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). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry 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 Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful 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 CFR 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 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 that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Contractor's Name Agreement Number 06A1964 Page 17 of 21 EXHIBIT F Public Works - Federal (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the 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 Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations 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. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered 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 Caltransâ or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when Caltrans or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an
Contractor's Name Agreement Number 06A1964 Page 18 of 21 EXHIBIT F Public Works - Federal erroneous certification, in addition to other remedies available to the Federal Government, Caltrans or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to Caltrans or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered 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 Caltrans or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Caltrans or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by Caltrans or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. 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 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 portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
Contractor's Name Agreement Number 06A1964 Page 19 of 21 EXHIBIT F Public Works - Federal to the Federal Government, Caltrans 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: 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 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 local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes 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 enumerated in paragraph 1b of this certification; and d. 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. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * 2. 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) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance 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, Caltrans, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. 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.
Contractor's Name Agreement Number 06A1964 Page 20 of 21 EXHIBIT F Public Works - Federal d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "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 person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Caltrans or agency with which this transaction originated. f. The prospective lower tier 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 all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. 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 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. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, Caltrans 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, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Contractor's Name Agreement Number 06A1964 Page 21 of 21 EXHIBIT F Public Works - Federal * * * * * XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction 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: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any 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. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee 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. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
ATTACHMENT 4 Page 1 of 2 STATE OF CALIFORNIA ï DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISES UTILIZATION REPORT ADM-3069 (Rev. 6/2012) CONTRACT NUMBER INVOICE NUMBER TASK ORDER NUMBER (if applicable) ADMINISTERING AGENCY CONTRACT START DATE CONTRACT COMPLETION DATE Department of Transportation Division of Procurement and Contracts PRIME CONTRACTOR NAME (PRINT) BUSINESS ADDRESS TOTAL CONTRACT AMOUNT: $ PRIME CONTRACTOR REPRESENTATIVE NAME (PRINT) Total Federal Share Amount: $ OR % ITEM NO. DESCRIPTION OF WORK PERFORMED AND MATERIEL PROVIDED COMPANY NAME AND BUSINESS ADDRESS DBE CERTIFICATION NUMBER/WORK CODES GENDER OWNERSHIP CODE(S) PAYMENT AMOUNT(S) DATE WORK COMPLETE PAYMENT DATE NON-DBE DBE $ $ $ $ $ $ $ $ $ $ $ $ ORIGINAL COMMITMENT OWNERSHIP CODES: TOTAL $ $ 1= Black American 2= Hispanic American 3= Native American 4= Asian Pacific American 5= Subcontinent Asian American 6= Caucasian 7= Woman 8= Other 9= Not Applicable COMMENTS: $ % DBE List all Subcontractors and Disadvantaged Business Enterprises (DBEs) regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at the time of award, provide comments. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVEâS SIGNATURE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY INFORMATION AND BELIEF, THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACT MANAGERâS SIGNATURE BUSINESS PHONE NUMBER DATE COPY DISTRIBUTION (Required): (1) Original: Contract Manager (2) Copy: Office of Business and Economic Opportunity, Email: to smallbusinessadvocate@dot.ca.gov or FAX to 916-324-1949 ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacrament, CA 95814.
ATTACHMENT 4 Page 2 of 2 STATE OF CALIFORNIA ï DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISES UTILIZATION REPORT - INSTRUCTIONS ADM-3069 (NEW 6/2012) Contractor Instructions: This form must be completed and submitted to the Caltrans Contract Manager with each invoice. Enter the Contract Number, Invoice Number, Task Order Number (if applicable), Contract Start Date, Completion Date (Expiration Date), Prime Contractor Name, Prime Contractor Business Address, Total Contract Amount (as written on the STD. 213). This form has two columns for entering the dollar value for the item(s) of work performed or provided by the firm. The Non-DBE column is used to enter the dollar value of work performed by subcontracting firms who are not certified DBE. The DBE column is used to enter the dollar value of work performed only by certified DBE firms. DBE prime contractors are required to show the corresponding dollar value of work performed by their own forces. To confirm the certification status of a DBE, access the Department of Transportation, Office of Business and Economic Opportunity website at http://www.dot.ca.gov/hq/bep/find_certified.htm or call toll free (866) 810-6346 or (916) 324-1700. If a contractor performing work as a DBE becomes decertified and still performs work after the decertification date, enter the total value performed by this contractor in the DBE column for the certification period and the remaining work or services (after decertification) in the Non-DBE column. If a subcontractor performing work as a non-DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE in the appropriate column. Date Work Complete column: Enter the date the work and/or Task order was completed for the respective pay period. Date of Payment column: Enter the date when the prime contractor made the payment to the firm for the portion of work listed as being completed. DBE prime contractors are required to show the date of work performed by their own forces. Contractorâs Signature: Contractor certifies that the information on the ADM-3069 is complete and correct. Contract Managerâs Instructions: Review the form as submitted by the Contractor to ensure the form is complete and accurate. Once you receive the ADM-3069 from the Contractor, enter the total (or percent) of Federal (only) dollars (being used in the Agreement) on the form, then sign, date, and Email to small business advocate@dot.ca.gov or FAX to 916-324-1949.
DISTRICT LABOR COMPLIANCE OFFICER PUBLIC TELEPHONE CELL PHONE FAX North Region District - 1, 2, & 3 Robert Embree - Manager (530) 741-4339 (530) 822-4321 Evelyn Dodson (530) 741-4380 (530) 822-4321 James Day (530) 741-4374 (530) 822-4321 Malasha Neuta-Barba (530) 741-4373 (530) 822-4321 Missy Sanchez (530) 741-4376 (530) 822-4321 Mundeep Takher (530) 741-4379 (530) 822-4321 Mylena Smith (530) 741-4372 (530) 822-4321 Oakland District - 4 Kimberly Ponder - Manager (510) 286-5885 (510) 286-5171 Alejandro Lopez (510) 286-5023 (510) 286-5171 Esteban Sanchez (510) 286-6024 (510) 286-5171 Evelyne Aurensan (510) 622-1743 (510) 286-5171 Kevin Fong (510) 286-5315 (510) 286-5171 Sheila Becerra (510) 236-4511 (510) 286-5171 Vacant (510) 286-5525 (510) 286-5171 Central Region District - 6, 9, & 10 Camillo Prandini - Manager (559) 243-3888 (559) 824-9828 (559) 243-8028 Anna Perez-Jacinto (559) 243-3898 (559) 243-8028 Colleen Bruno (559) 243-8022 (559) 243-8028 Judy Bremer (559) 243-3894 (559) 243-8028 Leslie Morris (559) 243-8441 (559) 243-8028 Lorraine Zavala (559) 243-8440 (559) 243-8028 Patricia Delgado (559) 243-8021 (559) 243-8028 Terry Ladd (559) 243-8414 (559) 243-8028 Tamra Rowley Los Angeles District - 7 Denise Barrios - Manager (213) 897-0878 (213) 897-0601 Bridgette Taylor (213) 897-2340 (213) 897-0601 Debbie Morales (213) 897-2682 (213) 897-0601 Linda Cammon (213) 897-0110 (213) 897-0601 San Bernardino District - 8 Richard Navarro - Manager (909) 829-3338 (909) 829-3347 Stephanie Vargas (909) 829-3340 (909) 829-3347 Vacant (909) 829-3341 (909) 829-3347 Vacant (909) 829-3339 (909) 829-3347 CALTRANS LABOR COMPLIANCE STATEWIDE PERSONNEL PHONE ROSTER Updated October 28, 2013 Attachment 5 Agreement No. 06A1964 1 of 2
DISTRICT LABOR COMPLIANCE OFFICER PUBLIC TELEPHONE CELL PHONE FAX San Diego District - 11 Monica Corralejo - Manager (619) 688-6952 (619) 688-6848 Alma Sanchez (619) 688-6172 (619) 688-6848 Frances Castillo (619) 688-6970 (619) 688-6848 Francine Clark (619) 688-6977 (619) 688-6848 Maria Roughton (619) 688-6958 (619) 688-6848 Wana Baha (619) 688-3606 (619) 688-6848 Irvine District - 12 Maria Espinoza-Yepez - Manager (949) 724-2294 (949) 724-2519 Norma Quezada (949) 724-2032 (949) 724-2519 Sherman Hernaez (949) 553-3566 (949) 724-2519 Angela Shell (916) 654-3501 (916) 425-5853 (916) 654-5990 Labor Compliance Program Mgr Pat Maloney (916) 653-3134 (916) 654-5990 Labor Compliance Manager Capital Outlay Support Maintenance Service Contracts Gloria Storer (916) 651-6293 (916) 654-5990 Labor Compliance Liaison Erika Atilano (916) 654-3885 (916) 654-5990 DBE, DVBE, SB, & EEO 1, 2, 3, & 4 Lindsey Woolsey (707) 428-2149 (530) 204-7745 (707) 428-2022 4, 5, 6, 9, & 10 Annette Rodriguez (559) 243-3874 (916) 425-6376 (559) 243-3545 7, 8, 11, & 12 John Dinsmore (213) 507-6821 (213) 897-3752 Alice Ramsey (916) 654-2630 (916) 654-6128 Maintenance Service Contracts Headquarter Staff -- Sacramento Legal CALTRANS LABOR COMPLIANCE STATEWIDE PERSONNEL PHONE ROSTER (continued) Updated October 28, 2013 Attachment 5 Agreement No. 06A1964 2 of 2
Attachment 4 SAMPLE TASK ORDER STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Agreement Number 06A1964 Task Order Number Date Issued Contractor Project Manager Project Title Caltrans Contract Manager or Designee Performance Period â No Task Order shall extend beyond the expiration date of the Agreement. Work under this Task Order shall begin on / / and terminate on / / . 1. Task Order Description 2. Scope of Services (Include Task Order scope of work, expected results, and Task Order deliverables.) 3. Bonds Required 4. Reports Yes No Yes No Shall be in accordance with Exhibit A of the Agreement Contractor shall submit a Payment Bond for 100% of the Task Order which is due prior to the start date of this Task Order. No work shall commence without receipt of a valid bond. Description/Details: 5. Cost A. The Contractor will be paid in accordance with Exhibit A, Section , Task Orders; Exhibit B, Section ; and the Rates shown on the Contractorâs Bid Proposal. B. The total amount payable by the State under this Task Order shall not exceed $ (AMOUNT). 6. Approval Signatures I certify that this Task Order complies with the provisions of Agreement Number and are necessary for the satisfactory completion of the product(s) contracted for, and that sufficient funding has been encumbered to pay for this work. ï¿ Caltrans Contract Managerâs Signature Date IN WITNESS WHEREOF, this Task Order has been executed under the provisions of Agreement Number between the State of California, Department of Transportation (Caltrans), and (Contractorâs Name). By signature below, the parties hereto agree that all terms and conditions of this Task Order No. (Insert No.) and Agreement Number (Insert No.) shall be in full force and effect. ï¿ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ï¿ (CONTRACTORâS BUSINESS NAME) Type name and title here and get signature above Date Type Name and title here and get signature above Date
Abbreviations used without definitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACIâNA Airports Council InternationalâNorth America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S.DOT United States Department of Transportation
