Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods, Volume 3: Research Overview (2020) / Chapter Skim
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103 AASHTO Guide for Design–Build Procurement Provision Updates A P P E N D I X C Table C.1. Provisions to be added to AASHTO Guide for Design–Build Procurement.
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104 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 002-BC-01 Clause Type: Basic Configuration Project Name: US 90 (I-49 South) Albertson's Parkway to Ambassador Caffery Design-Build Project Owner Name: Louisiana DOT Year Published: 2013 REQUEST FOR PROPOSAL Part 1 Design Build Agreement Appendix A Project Scope 5.0 BASIC PROJECT CONFIGURATION The Basic Project Configuration shall consist of the following: A)
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AASHTO Guide for Design–Build Procurement Provision Updates 105 Clause Code: 003-BC-02 Clause Type: Basic Configuration Project Name: Ambassador Bridge Plaza – Gateway Completion Owner Name: Michigan DOT Year Published: 2012 PROJECT REQUIREMENTS BOOK 2 1 GENERAL 1.3 Project Description 1.3.3 Basic Configuration The Preliminary Design Drawings provided in the RID convey the general intent of the Project. The Basic Configuration means those portions of the Preliminary Design Drawings that depict: 1.
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106 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 001-BC-03 Clause Type: Basic Configuration Project Name: Interstate 405 Corridor Project Owner Name: Washington State DOT Year Published: 2005 0-02.3 BASIC CONFIGURATION The following design components shall be deemed Basic Configuration elements for the Project. The descriptions in this section are not intended to describe the scope of work, rather specific features and tolerances for defining the Basic Configuration.
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AASHTO Guide for Design–Build Procurement Provision Updates 107 Clause Code: 004-ATC-01 Clause Type: Alternative Technical Concepts Project Name: I-40 Interchange at SR 22 (Exit 42) Owner Name: Tennessee DOT Year Published: 2012 2.
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108 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 3) Deviations.
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AASHTO Guide for Design–Build Procurement Provision Updates 109 e.
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110 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 005-ATC-02 Clause Type: Alternative Technical Concepts Project Name: I-15 Cajon Pass Rehabilitation Design-Build Project Owner Name: California DOT Year Published: 2013 3.7 Alternative Technical Concepts Department has chosen to use the Alternative Technical Concepts (ATC) process set forth in this Section 3.7 to allow innovation and flexibility, to allow the design and construction to be completed together thereby minimizing conflicts and maximizing speed and efficiency, and ultimately to obtain the best value for the motoring public.
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AASHTO Guide for Design–Build Procurement Provision Updates 111 C) Deviations.
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112 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods D) The submittal does not qualify as an ATC but may be included in the Proposal without an ATC (i.e., the concept complies with the baseline RFP requirements)
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AASHTO Guide for Design–Build Procurement Provision Updates 113 Clause Code: 006-BET-01 Clause Type: Betterment Project Name: US 2 Rice Road Intersection Safety Improvement Owner Name: Washington State DOT Year Published: 2011 1-01.3(1) DEFINED TERMS |
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114 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods addition shall not be treated as a change in the Work directed by WSDOT, and the Design-Builder shall not be entitled to any increase in the Contract Price or extension of the Contract Time on account thereof. Instead, the Design-Builder shall arrange to collect payment for such work directly from the Utility Owner.
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AASHTO Guide for Design–Build Procurement Provision Updates 115 Clause Code: 007-BET-02 Clause Type: Betterment Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 III. CONTRACT TERMS AND CONDITIONS |
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116 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 008-QM-01 Clause Type: Quality Management (Quality Control) Project Name: Route 29/ Charlottesville Bypass Project Owner Name: Virginia DOT Year Published: 2011 2.17.2 Construction Management The Construction Quality Management Plan requires the Design-Builder to have overall responsibility for both the Quality Control ("QC")
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AASHTO Guide for Design–Build Procurement Provision Updates 117 Construction Directive Memorandum and all other applicable Reference Documents. This includes the documentation of construction activities and acceptance of manufactured materials.
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118 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods • Permits/Environmental Documents • Safety Reports • Meeting Minutes • Issue Tracking Logs • Submittal/RFI etc. Tracking Logs • Delivery Tickets/Invoices as Applicable
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AASHTO Guide for Design–Build Procurement Provision Updates 119 Clause Code: 009-QM-02 Clause Type: Quality Management (Quality Control) Project Name: Interstate 85 and Interstate 385 Interchange Improvements Owner Name: South Carolina DOT Year Published: 2014 V
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120 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 4. Testing Laboratories: All testing laboratories used on the Project must be AASHTO certified and approved by SCDOT thirty (30)
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AASHTO Guide for Design–Build Procurement Provision Updates 121 performing Quality Control Testing, as well as taking split samples for the purposes of comparison testing. Independent Assurance Testing will be at an approximate frequency of one-tenth of the Acceptance Testing frequency.
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122 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 010-QM-03 Clause Type: Quality Management (Quality Control) Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 II.
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AASHTO Guide for Design–Build Procurement Provision Updates 123 153.01 This work consists of providing quality control (QC) for the design and construction elements of the project.
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124 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods (a) The quality control procedures for each type of Design Document and Construction Document shall be organized by engineering discipline (such as structural, geotechnical, hydraulics and civil)
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AASHTO Guide for Design–Build Procurement Provision Updates 125 (h) The requirements for documentation; for the filing of design criteria, reports and notes, calculations, drawings, schematics, supporting materials, etc.; and for the specific responsibilities of personnel to satisfy these requirements.
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126 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 153.07. Contractor Quality Control Plan.
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AASHTO Guide for Design–Build Procurement Provision Updates 127 requirements. Provide training as necessary.
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128 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods construction Quality Control Supervisor (QCS) , with the overall responsibility for managing the inspection and testing requirements of this section.
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AASHTO Guide for Design–Build Procurement Provision Updates 129 The CO may require a demonstration of proficiency in sampling and testing capabilities. One or more proficiency samples may be provided by the Government to verify basic qualifications.
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130 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods laboratory for inspection and review.
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AASHTO Guide for Design–Build Procurement Provision Updates 131 conform with the design criteria and generally accepted design and engineering practice; the construction of work that conforms to the contract requirements; the identification of root causes of problems, the timely implementation of planned changes to design and work processes to prevent repeated deficiencies; the reliable identification and documentation of defective design and construction work; and the consistent tracking of defective work through correction. Performance of the work may be stopped in accordance with Subsection 108.05, either in whole or in part, for failure to comply with the requirements of the Section.
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132 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 011-DSRA-01 Clause Type: Design Submittal, Review & Approval Project Name: US 2 Rice Road Intersection Safety Improvement Owner Name: Washington DOT Year Published: 2011 2.28.3.2 WSDOT DESIGN REVIEW The QMP shall define the timing, content, and format of all design reviews. The DesignBuilder shall provide a 14 Calendar Day review period for WSDOT Review and Comment on all design submittals.
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AASHTO Guide for Design–Build Procurement Provision Updates 133 fatal flaws within a given discipline or between disciplines. The contents of the Preliminary Design Submittal for each discipline shall be as specified in these Technical Requirements and as mutually agreed upon by members of the applicable task force, or by agreement between WSDOT and the Design-Builder if no specific task force applies.
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134 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods may be excluded from the conformance-level requirement. The Design-Builder shall obtain written confirmation from WSDOT as to which files are exempt from compliance with the WSDOT Plans Preparation Manual.
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AASHTO Guide for Design–Build Procurement Provision Updates 135 Clause Code: 012-DSRA-02 Clause Type: Design Submittal, Review & Approval Project Name: Ambassador Bridge Plaza – Gateway Completion Owner Name: Michigan DOT Year Published: 2012 PROJECT REQUIREMENTS BOOK 2 2 PROJECT MANAGEMENT This Project will be managed with a document control Web site (https://mdotdbf.com/MDOTGateway/)
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136 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods |
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AASHTO Guide for Design–Build Procurement Provision Updates 137 continuous interface between the Contractor and MDOT to resolve Project items as soon as possible in an effort to reduce the number of resubmittals and review times. For OTS meetings the Contractor shall: • Prior to the meeting, provide the MDOT PM an agenda for the meeting outlining topics they would like to discuss and any materials (handouts, drawings, RFC Documents, etc.)
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138 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods and respond to the Contractor without impacting the overall Project schedule. Each design package may go through multiple iterations of review by MDOT before Acceptance.
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AASHTO Guide for Design–Build Procurement Provision Updates 139 writing of any specific deficiencies in the RFC Package. The Contractor shall resolve and document resolution of comments.
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140 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 013-DSRA-03 Clause Type: Design Submittal, Review & Approval Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 Section 121 – DESIGN SUBMITTALS AND REVIEWS Description 121.01. Philosophy and Intent.
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AASHTO Guide for Design–Build Procurement Provision Updates 141 The cover sheet of each plan submission shall bear the seal and signature of a professional engineer licensed in the state of Hawaii. Drawing dimensions shall be in customary U.S.
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142 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 8. Design of the proposed structures.
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AASHTO Guide for Design–Build Procurement Provision Updates 143 existing field conditions have been properly identified and dealt with, that coordination within the design disciplines and elements of the project is evident, and that liaison and coordination has occurred between the Contractor, the Government, and related agencies. Provide detailed construction drawings, additional specifications, and supporting reports and calculations.
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144 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Provide all signed and sealed original project design documents including plans, reports, and additional specifications, in accordance with the requirements of the Contract. Include the following: • Completed Contract Plans and Specifications.
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AASHTO Guide for Design–Build Procurement Provision Updates 145 at the Preconstruction Conference based on information contained in the Baseline Schedule and its approval. If Contractor elects to do work prior to release for construction by the CO it will be at the risks of the contractor.
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146 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods used as future references for needed repairs, maintenance, and rehabilitation projects. See Section 104 for As-built working drawing requirements.
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AASHTO Guide for Design–Build Procurement Provision Updates 147 Clause Code: 014-EOR-01 Clause Type: Engineer of Record Project Name: Kosciuszko Bridge Project – Phase 1 Owner Name: New York State DOT Year Published: 2013 CONTRACT DOCUMENTS PART 2 DB SECTION 101 GENERAL PROVISIONS DB SECTION 101 ABBREVIATIONS, SYMBOLS, AND TERMS AND DEFINITIONS DB 101-3 CAPITALIZED TERMS The following capitalized terms shall have the following meanings: |
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148 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 015-EOR-02 Clause Type: Engineer of Record Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 III. CONTRACT TERMS AND CONDITIONS |
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AASHTO Guide for Design–Build Procurement Provision Updates 149 Clause Code: 016-DSC-01 Clause Type: Differing Site Condition Project Name: Ambassador Bridge Plaza – Gateway Completion Owner Name: Michigan DOT Year Published: 2012 Design-Build Contract BOOK 1 5 CONTROL OF WORK |
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150 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods |
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AASHTO Guide for Design–Build Procurement Provision Updates 151 Clause Code: 017-DSC-02 Clause Type: Differing Site Conditions Project Name: Kosciuszko Bridge Project – Phase 1 Owner Name: New York State DOT Year Published: 2013 CONTRACT DOCUMENTS PART 2 DB SECTION 100 CONTRACT PROVISIONS DB SECTION 101 ABBREVIATIONS, SYMBOLS, AND TERMS AND DEFINITIONS DB 101-3 CAPITALIZED TERMS DB 101-4 OTHER DEFINITIONS |
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152 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Proposal Date, and Design-Builder would not have discovered the condition by making a reasonable site investigation, exploration and desktop documentary study during the preconstruction phase.
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AASHTO Guide for Design–Build Procurement Provision Updates 153 Clause Code: 018-DSC-03 Clause Type: Differing Site Condition Project Name: I-5, Joe Leary Slough to Nulle Road VIC - Paving Owner Name: Washington DOT Year Published: 2010 Design-Build Contract Chapter 1 General Provisions |
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154 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. WSDOT will notify the Design-Builder of its determination whether or not an adjustment of the Contract is warranted.
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AASHTO Guide for Design–Build Procurement Provision Updates 155 respect to the Differing Site Condition pending the insurance company's determination regarding the claim. Upon denial of any such claim by the insurance company and receipt of a Change Order request, WSDOT will process the Change Order request.
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156 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 019-EP-01 Clause Type: Environmental Permitting Project Name: Federal Aid Bridge Replacement Project Cherokee, Chester, Fairfield, Lancaster, and York Counties Owner Name: South Carolina DOT Year Published: 2014 II.
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AASHTO Guide for Design–Build Procurement Provision Updates 157 agreements, and all environmental commitments. The CONTRACTOR shall sign the Contractor Certification Form which will be made part of the contract.
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158 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 3. Compliance with applicable laws and regulations relating to potential or actual hazardous materials that may be encountered in the course of carrying out this Agreement; 4.
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AASHTO Guide for Design–Build Procurement Provision Updates 159 XII. DEMOLITION, REMOVAL & DISPOSAL OF STRUCTURES CONTRACTOR shall be responsible for the demolition, removal and disposal of all structures and their appurtenances within SCDOT Right of Way necessary for the completion of the Project, to include those portions which may extend outside the right of way, but were purchased as a part of the acquisition process.
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160 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods In accordance with the NPDES General Permit, the Contractor must sign a Contractor Certification. The certification is incorporated into the proposal form for the Contract.
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AASHTO Guide for Design–Build Procurement Provision Updates 161 Initiate stabilization measures within 7 days for an area where construction activities will be temporarily or permanently ceased for 14 days or longer. Coordinate the installation of all other permanent erosion control items with the grading and seeding operations.
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162 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Manager will continue throughout the process and they will be notified once the final hydraulic analysis is complete. • The bridge is located in the vicinity of a SCDHEC 303(d)
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AASHTO Guide for Design–Build Procurement Provision Updates 163 Clause Code: 020-EP-02 Clause Type: Environmental Permitting Project Name: I-69 and Pennyrile Parkway Interchange Reconstruction Owner Name: Kentucky DOT Year Published: 2013 10. ENVIRONMENTAL 10.1 NEPA Document A Categorical Exclusion Level 3 has been completed by the KYTC for this project.
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164 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 021-EP-03 Clause Type: Environmental Permitting Project Name: Kosciuszko Bridge Project – Phase 1 Owner Name: New York State DOT Year Published: 2013 CONTRACT DOCUMENTS PART 3 PROJECT REQUIREMENTS SECTION 2 PROJECT MANAGEMENT 2.1 DESIGN-BUILDER'S ROLE The Design-Builder shall have responsibility for controlling and managing the Work. This includes the Design-Builder's responsibility for quality management as defined in the Contract Documents, Part 2 - DB §§ 111, 112 and 113.
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AASHTO Guide for Design–Build Procurement Provision Updates 165 responsible for obtaining all Environmental Approvals as identified in Table 3.4-1. Refer to Part 7 – Engineering Data for permit applications submitted to date by the Department.
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166 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods capping plans. Two months after award of the contract the Design-Builder shall take over responsibility for maintaining the monitoring and for continuing the readings.
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AASHTO Guide for Design–Build Procurement Provision Updates 167 A) The Design-Builder is advised that previous investigations identified contaminated soil, groundwater, and soil vapor at the project site.
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168 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods characterization. While staged, the Design-Builder shall maintain a minimum 6-mil polyethylene cover over the soil pile(s)
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AASHTO Guide for Design–Build Procurement Provision Updates 169 O) The Design-Builder will be required to take precautions to avoid damage to the underground components of the groundwater remediation system that currently operates on the Phelps Dodge Laurel Hill Inactive Hazardous Waste Site.
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170 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods tanks that are removed during construction, along with copies of any PBS Modification Forms that are required; • A summary of the final volumes of soil removed from the project site for offsite disposal, volume of soil excavated and reused on the project site as backfill, and the final volume of imported fill; • Documentation of soil import sources and export locations; • Laboratory results for soil imported to the project site, for soil reused on the project site (if pre-approved by NYSDEC) , and soil exported for beneficial reuse elsewhere (if pre-approved by NYSDEC)
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AASHTO Guide for Design–Build Procurement Provision Updates 171 2) Describe the Design-Builder's plan to obtain all additional permits and Environmental Approvals identified and how they fit into the Design-Builder's schedule.
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172 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods
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AASHTO Guide for Design–Build Procurement Provision Updates 173 3.4 DELIVERABLES At a minimum, the deliverables shall include the items listed in Table 3.5-1 for the Department's consultation and written comment. Each of the deliverables listed in Table 3.5-1 shall be provided to the Department by the earlier of: (i)
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174 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Refer also to: SECTION 1.10 ENVIRONMENTAL RE-EVALUATION SECTION 18 VISUAL QUALITY
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AASHTO Guide for Design–Build Procurement Provision Updates 175 Clause Code: 022-ROW-01 Clause Type: Right of Way Project Name: Route 29/Charlottesville Bypass Project Owner Name: Virginia DOT Year Published: 2011 REEQUEST FOR PROPOSALS 4.3 Attachments to the Letter of Submittal # 1 4.3.1 Provide the following Attachments to the Letter of Submittal #1: |
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176 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Exceptions to current ownership in that area are: the state property portion of the University of Virginia (Rectors) property located adjacent to existing Route 29/250, and parcels 015/025, 024, 041, 042, 100/102 & 145/147.
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AASHTO Guide for Design–Build Procurement Provision Updates 177 Clause Code: 023-ROW-02 Clause Type: Right of Way Project Name: US 90 (I-49 South) Albertson's Parkway to Ambassador Caffery Design-Build Project Owner Name: Louisiana DOT Year Published: 2013 PART 3 - DESIGN REQUIREMENTS AND PERFORMANCE SPECIFICATIONS APPENDIX A RIGHT-OF-WAY ACQUISITION PERFORMANCE SPECIFICATION 1.0 INTRODUCTION The Design-Builder shall provide all Right-of-Way (ROW)
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178 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods another, the standard or reference highest on the lists presented below shall govern. Listed under References are guidelines that the Design-Builder may use in addressing the project requirements as he deems appropriate.
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AASHTO Guide for Design–Build Procurement Provision Updates 179 Builder listed on the DOTD Real Estate Section's approved title work panel list and shall consist of obtaining the necessary title research reports. The term "Title Research Report" is defined as a report of the ownership of the current property owner(s)
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180 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods blocks, parcel areas, remaining areas, Lambert coordinates of all breaks in the required right-of-way and P.C.'s and P.T.'s of curves, and shall be accompanied by an electronic file containing the DOTD COGO program input commands for creating parcel descriptions suitable for use by the DOTD's Real Estate Section.
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AASHTO Guide for Design–Build Procurement Provision Updates 181 Clause Code: 024-UR-01 Clause Type: Utility relocation Project Name: Route 29/Charlottesville Bypass Project Owner Name: Virginia DOT Year Published: 2011 4.3 Attachments to the Letter of Submittal # 1 4.3.1 Provide the following Attachments to the Letter of Submittal #1: |
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182 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods conflict evaluations, cost responsibility determinations, utility relocation designs, utility relocations and adjustments, utility reimbursement, replacement land rights acquisition required outside of the easements shown on Exhibit A and any north of the South Fork of the Rivanna River, and utility coordination required for the Project. The Design-Builder shall be responsible for all necessary utility relocations and adjustments to occur in accordance with the accepted Baseline Schedule.
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AASHTO Guide for Design–Build Procurement Provision Updates 183 Design-Builder shall review all relocation plans to ensure that relocations comply with the VDOT Utility Manual and VDOT's Land Use Permit Regulations. The Design-Builder shall also ensure that there are no conflicts with the proposed roadway improvements, and ensure that there are no conflicts between each of the utility's relocation plans.
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184 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 025-UR-02 Clause Type: Utility Relocation Project Name: I-15 Cajon Pass Rehabilitation Design-Build Project Owner Name: California DOT Year Published: 2013 6 ACCESS TO SITE; UTILITY RELOCATIONS; ENVIRONMENTAL MITIGATION |
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AASHTO Guide for Design–Build Procurement Provision Updates 185 and shall not be considered in calculating the amount of the Change Order, if any, to which either party is entitled pursuant to this Section 6.2.1. 6.2.1.2 Inaccuracy Increasing the Work In general, if any existing underground Utility identified in Book 2, Section 6.2 as part of the Work (or any portion of such Utility)
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186 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods limitations contained therein, Design-Builder shall be entitled to an increase in the Contract Price to compensate Design-Builder for its additional costs directly attributable to any increase in the scope of the Work pursuant to this Section 6.2.2.1; provided, however, that if Department determines in its sole discretion that Department is entitled to reimbursement by the Utility Owner for the cost of such Relocation, then the amount of such resulting increase in the Contract Price shall instead be determined in the same manner as that provided in Section 6.2.4 for a Betterment, subject to the requirements of any applicable Utility Agreement. Design-Builder is responsible for scheduling all Utility Work so as to meet all applicable Completion Deadlines, without regard to whether such Utility Work is performed by Design-Builder or the affected Utility Owner; accordingly, Design-Builder shall not be entitled to an extension of any Completion Deadline on account of any increase in the scope of the Work pursuant to this Section 6.2.2.1.
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AASHTO Guide for Design–Build Procurement Provision Updates 187 With respect to each Utility Delay claimed by Design-Builder, Design-Builder shall not be entitled to any extension of any Completion Deadline(s) pursuant to Section 6.2.5.1, and such Utility Delay shall not be counted toward the four-Day cap on Design-Builder's risk per Utility Owner set forth in Section 6.2.5.1, unless all of the following conditions are satisfied: (a)
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188 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods With respect to Utility Easements other than those described in Section 6.2.6.3.2, Department shall be responsible for any compensation required to be paid to Utility Owners for relinquishing their Utility Easements. 6.2.6.3.2 Design-Builder's Responsibility With respect to Utility Easements resulting from a change in Basic Configuration, Design-Builder shall be responsible for, and shall reimburse Department within 10 Days after receiving an invoice therefor, any compensation which Department may be obligated to pay to the Utility Owners for relinquishing such Utility Easements.
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AASHTO Guide for Design–Build Procurement Provision Updates 189 Clause Code: 026-ODP-01 Clause Type: Order of Document Precedence Project Name: TH 371 Four Lane Expansion Design-Build Project Owner Name: Minnesota DOT Year Published: 2015 Design-Build Contract BOOK 1 1 CONTRACT COMPONENTS; INTERPRETATION OF CONTRACT DOCUMENTS |
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190 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods In the event of a conflict between the standards set forth in Book 3 relating to quality management, the order of precedence is set forth below unless otherwise specified: MnDOT Technical Memoranda MnDOT Standard Specifications for Construction MnDOT Special Provisions MnDOT CADD Data Standards MnDOT Bridge Office Summary of Recommended Drafting Standards MnDOT Technical Certification Handbook MnDOT Bridge Construction Manual MnDOT Concrete Manual MnDOT Bituminous Manual MnDOT Grading and Base Manual AASHTO/NSBA Steel Bridge Collaboration -- Shop Detail Drawing Review/Approval Guidelines AASHTO/NSBA Steel Bridge Collaboration -- Shop Detail Drawings Presentation Guidelines AASHTO/NSBA Steel Bridge Collaboration -- Steel Bridge Fabrication QC/QA Guide Specification Remaining standards set forth in Book 3
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AASHTO Guide for Design–Build Procurement Provision Updates 191 Clause Code: 027-ODP-01 Clause Type: Order of Document Precedence Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 III. CONTRACT TERMS AND CONDITIONS |
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192 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 028-REF-01 Clause Type: Reference Documents Project Name: US 90 (I-49 South) Albertson's Parkway to Ambassador Caffery Design-Build Project Owner Name: Louisiana DOT Year Published: 2013 PART 3 - DESIGN REQUIREMENTS AND PERFORMANCE SPECIFICATIONS |
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AASHTO Guide for Design–Build Procurement Provision Updates 193 Clause Code: 029-REF-02 Clause Type: Reference Documents Project Name: Ambassador Bridge Plaza – Gateway Completion Owner Name: Michigan DOT Year Published: 2012 APPLICABLE STANDARDS BOOK 3 1 INTRODUCTION This is a listing of standards that the Contractor shall utilize in performing the final design and construction of the Project described in the RFP. It shall be the Contractor's responsibility to ensure that the most current version at the time of the Proposal Due Date is used for each of the references listed, unless noted otherwise or directed by MDOT.
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194 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Web sites. Web sites have been supplied to the Contractor for some of the standards listed below for convenience only in an effort to help the Contractor locate the required standard.
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AASHTO Guide for Design–Build Procurement Provision Updates 195 determine when the context refers to design responsibilities.
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196 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 030-DO-01 Clause Type: Ownership of Documents Project Name: Kosciuszko Bridge Project – Phase 1 Owner Name: New York State DOT Year Published: 2013 CONTRACT DOCUMENTS PART 2 DB SECTION 104 SCOPE OF WORK DB 104-2 INTENT OF CONTRACT |
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AASHTO Guide for Design–Build Procurement Provision Updates 197 Clause Code: 031-DO-02 Clause Type: Ownership of Documents Project Name: Interstate 85/385 Interchange Improvements Owner Name: South Carolina DOT Year Published: 2014 II. PROJECT SCOPE |
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198 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 032-STP-01 Clause Type: Stipend Project Name: I-15 Cajon Pass Rehabilitation Design-Build Project Owner Name: California DOT Year Published: 2013 APPENDIX H STIPEND POLICY Each Proposer that submits a responsive, but unsuccessful, Proposal (including the Administrative Submittals and Price Proposal) shall be entitled to receive payment ("Stipend")
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AASHTO Guide for Design–Build Procurement Provision Updates 199 Clause Code: 033-STP-02 Clause Type: Stipend Project Name: SH-44 – Linder Road to Ballantyne Lane Owner Name: Idaho DOT Year Published: 2012 ITP.2.7 PROPOSAL STIPEND Upon execution of Form M, Stipend Agreement (Appendix ITP-C) , the Proposer acknowledges that the Department reserves the right to use any ideas or information contained in the Proposal (that are not deemed by the Department as confidential trade secret information)
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200 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods NOW, THEREFORE, Proposer hereby agrees as follows: 1. Definitions.
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AASHTO Guide for Design–Build Procurement Provision Updates 201 portion of the stipend amount that the Department deems to be appropriate consideration for the Work Product. No portion of the stipend amount will be paid if a Proposer chooses not to attend the interview or chooses not to deliver its Work Product.
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202 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 7.3 This Agreement, together with the RFP, as amended by addendum, the provisions of which are incorporated herein by reference, embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein or in the RFP, and this Agreement shall supersede all previous communications, representation, or agreements, either verbal or written, between the parties hereto.
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AASHTO Guide for Design–Build Procurement Provision Updates 203 WITNESS: _____________________________________ Proposer Name Federal ID # or Social Security # By Member Name By (Seal) Title: Printed Name By Member Name By (Seal)
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204 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 034-PAY-01 Clause Type: Payment Method Project Name: Interstate 85/385 Interchange Improvements Owner Name: South Carolina DOT Year Published: 2014 AGREEMENT III.
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AASHTO Guide for Design–Build Procurement Provision Updates 205 b) SCDOT may initiate a change by advising CONTRACTOR in writing of the change.
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206 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 2. Mobilization Mobilization shall not exceed 5% of the construction cost as shown in the Schedule of Values.
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AASHTO Guide for Design–Build Procurement Provision Updates 207 d) Failure to comply with any of the above provisions shall result in one or more of the following sanctions: (1)
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208 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods (29) SECTION 109: REFERENCES TO UNIT PRICING: Any references in the contract documents to unit price, measurement, and payment, are typical references for design-bid-build contracts and are not applicable to the extent they effect payment on Design-Build contracts.
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AASHTO Guide for Design–Build Procurement Provision Updates 209 Clause Code: 035-PAY-02 Clause Type: Payment Method Project Name: SH-55 Gold Fork River Bridge Owner Name: Idaho DOT Year Published: 2015 DESIGN-BUILD AGREEMENT Article 4 Compensations 4.2 Progress Payments - Department will make progress payments to Design-Build Firm in accordance with the Contract. Progress payments shall be based upon Design-Build Firm's Schedule of Values, which shall include the cost of all Work.
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210 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 036-PAY-03 Clause Type: Payment Method Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 Section 109.
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AASHTO Guide for Design–Build Procurement Provision Updates 211 voucher and the release of claims and return the documents to the Government for payment. The date of approval by the Government of the final voucher for payment constitutes the date of final settlement of the contract.
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212 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods If the revised invoice meets the requirements of Subsection 109.08(c) , but still had quantities or unit prices exceeding the corresponding quantities and unit prices shown on the Government's receiving report, the Government's data for that item or work will be used.
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AASHTO Guide for Design–Build Procurement Provision Updates 213 (1) 80 percent of the contract bid price for the item; or (2)
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214 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods (a) Lump Sum Bid Items.
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AASHTO Guide for Design–Build Procurement Provision Updates 215 Clause Code: 037-PS-01 Clause Type: Progress Schedule Project Name: Ambassador Bridge Plaza – Gateway Completion Owner Name: Michigan DOT Year Published: 2012 2.3 Schedule Management 2.3.1 General The Contractor shall complete and update a computerized Critical Path Method (CPM) Schedule as described herein.
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216 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods and replaces and becomes the progress schedule typically used on MDOT projects. The cost-loaded CPM Schedule shall meet the requirements of MDOT Frequently Used Special Provision 102C – Critical Path Method Network Schedule and this Section 2.3.
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AASHTO Guide for Design–Build Procurement Provision Updates 217 numerous construction operations of this Project to the satisfaction of MDOT. The level of detail described below is the minimum level of detail required for schedule activities.
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From page 218... ...
218 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods • Internal access and haul roads (location and duration in-place) • Clearing and grubbing by stationing and roadway • Excavation • Embankment placed for each roadway • Drainage – by run with structures for each roadway • Retaining walls per location • Subgrade for each roadway • Base for roadway • Curb, barrier wall, and sidewalks for each roadway • Pavement (asphalt and/or concrete)
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From page 219... ...
AASHTO Guide for Design–Build Procurement Provision Updates 219 Clause Code: 038-PS-02 Clause Type: Progress Schedule Project Name: Interstate 85/385 Interchange Improvements Owner Name: South Carolina DOT Year Published: 2014 AGREEMENT IV.
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220 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods b) Cost-load the CPM schedule using the expenses identified in the schedule of values.
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AASHTO Guide for Design–Build Procurement Provision Updates 221 CONTRACTOR shall provide a narrative identifying the problems, causes, the activities affected and describing the means and methods available to complete the Project by the Contract Time.
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From page 222... ...
222 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 039-ACC-01 Clause Type: Project Acceptance Project Name: SH-55 Gold Fork River Bridge Owner Name: Idaho DOT Year Published: 2015 Design-Build Construction Administration Special Provision 112.14 Punch List Inspection CQAM shall be responsible for punch list item acceptance. The punch list shall be maintained by the CQAM and shall be created near the end of the Project or at the time of written notice of project completion.
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AASHTO Guide for Design–Build Procurement Provision Updates 223 Clause Code: 040-ACC-02 Clause Type: Project Acceptance Project Name: Lahaina Bypass 1B-2 Owner Name: Central Federal Lands Highway Division Year Published: 2015 Section 106. -- ACCEPTANCE OF WORK 106.01 Conformity with Contract Requirements.
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224 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Remove and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, at no cost to the Government.
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AASHTO Guide for Design–Build Procurement Provision Updates 225 106.02 Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract requirements.
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226 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 041-ACC-03 Clause Type: Project Acceptance Project Name: Kosciuszko Bridge Project – Phase 1 Owner Name: New York State DOT Year Published: 2013 ARTICLE 2. CONTRACT TIME Article 2.4.
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AASHTO Guide for Design–Build Procurement Provision Updates 227 Clause Code: 042-NCW-01 Clause Type: Non-conforming Work Project Name: TH 371 Four Lane Expansion Design-Build Project Owner Name: Minnesota DOT Year Published: 2015 PROJECT REQUIREMENTS BOOK 2 Section 5 Quality Management 5.2.2 MnDOT Role MnDOT will perform design auditing and Acceptance of Released for Construction Documents, construction quality acceptance testing and inspection (including acceptance at Critical Activity points) to verify that the Work meets Contract requirements, independent assurance sampling and testing, and auditing of the Contractor's management system.
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228 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods conformance by MnDOT, propose a resolution for MnDOT's Acceptance or Approval. Following Acceptance or Approval of the proposed resolution by MnDOT, notify MnDOT 24 hours prior to implementing the proposed solution so that MnDOT may witness the implementation (should MnDOT so choose)
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AASHTO Guide for Design–Build Procurement Provision Updates 229 Clause Code: 043-NCW-02 Clause Type: Non-conforming Work Project Name: SH-55 Gold Fork River Bridge Owner Name: Idaho DOT Year Published: 2015 Design-Build Construction Administration Special Provision 112.12 Nonconforming Construction Work DBF shall develop and implement procedures in the QMP for addressing construction deficiencies in the Work. Include recovery measures necessary to commence correction of such nonconforming work, including the correction, removal or replacement of the nonconforming work and any damage caused to other parts of the Work affected by the nonconforming work.
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230 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods the Engineer access to the tracking system. Include necessary information to trace nonconformance back to initial documentation and to summarize status.
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AASHTO Guide for Design–Build Procurement Provision Updates 231 Clause Code: 044-TC-01 Clause Type: Traffic Control Project Name: Improvements to Interstate 55 Lincoln and Pike Counties, Mississippi Owner Name: Mississippi DOT Year Published: 2013 17.0 MAINTENANCE OF TRAFFIC DURING CONSTRUCTION The Contractor shall develop and submit a Maintenance of Traffic (MOT) Plan for MDOT approval at least 30 Days prior to beginning the first phase or stage of construction at each location.
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From page 232... ...
232 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 3. The Contractor shall notify MDOT of any vertical clearance reduction that provides less than 16.5' clearance, any load capacity reductions, or any width reduction that results in a restriction of less than 20' wide a minimum of 20 days prior to such restriction.
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AASHTO Guide for Design–Build Procurement Provision Updates 233 17.6 Deliverables At a minimum, the Contractor shall submit the following to MDOT for review or comment:
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From page 234... ...
234 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 045-TC-02 Clause Type: Traffic Control Project Name: US 90 (I-49 South) Albertson's Parkway to Ambassador Caffery Design-Build Project Owner Name: Louisiana DOT Year Published: 2013 PART 3 – PERFORMANCE SPECIFICATIONS APPENDIX A MAINTENANCE DURING CONSTRUCTION PERFORMANCE SPECIFICATION 1.0 INTRODUCTION The Design-Builder shall develop and implement a Maintenance Plan for the existing US 90 (I- 49 South)
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AASHTO Guide for Design–Build Procurement Provision Updates 235 4.0 STANDARDS The standards for this Maintenance During Construction Performance Specification are listed in descending order of precedence. In case of conflict between or among standards, the order of precedence established by the LA DOTD will govern.
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236 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods 7.2 BRIDGES AND STRUCTURES The following measures will be used to evaluate bridge and structures maintenance during construction: A) Surface defects; B)
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AASHTO Guide for Design–Build Procurement Provision Updates 237 A) Visibility and legibility during daytime and nighttime; B)
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238 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 046-WA-01 Clause Type: Warranty Project Name: I-15 Cajon Pass Rehabilitation Design-Build Project Owner Name: California DOT Year Published: 2013 8 SURETY BONDS |
From page 239... ...
AASHTO Guide for Design–Build Procurement Provision Updates 239 21.1.4 Corrective Work Department and Design-Builder shall conduct a walkthrough of the Site together at least one time per year prior to the expiration of the Warranty period. On each walkthrough, Department will produce a punch list of items requiring Warranty Work.
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From page 240... ...
240 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods invoice therefor. Design-Builder shall be responsible for obtaining any required Governmental Approvals or other consents from any other Person in connection with the Warranty Work.
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AASHTO Guide for Design–Build Procurement Provision Updates 241 warranties provided under this Section 21 shall inure to the benefit of, and shall be directly enforceable by, any local agencies and Utility Owners with respect to those portions of the Work owned or controlled by each such Person. 21.6 Remedies for Breach of Warranty In addition to Department's other rights and remedies hereunder, at law or in equity, Design-Builder shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work.
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From page 242... ...
242 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods Clause Code: 047-WA-02 Clause Type: Warranty Project Name: Kosciuszko Bridge Project – Phase 1 Owner Name: New York State DOT Year Published: 2013 DB SECTION 104 SCOPE OF WORK |
From page 243... ...
AASHTO Guide for Design–Build Procurement Provision Updates 243 the Department shall agree on a remedy immediately upon notice by or to the Department of such emergency. If the Design-Builder does not use its best efforts to proceed to effectuate such remedy within the agreed time, or if the Design-Builder and the Department fail to reach such an agreement within such seven-day period (or immediately, in the case of emergency conditions)
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From page 244... ...
244 Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods representations, warranties, guarantees, and obligations required to be furnished by Subcontractors pursuant to the Contract Documents. All representations, warranties, guarantees, and obligations of Subcontractors shall be written so as to survive all Department and Design-Builder Inspections, tests, and approvals, and shall run directly to and be enforceable by the Design-Builder and/or the Department and their respective successors and assigns.
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AASHTO Guide for Design–Build Procurement Provision Updates 245 in the absence of such policies and/or procedures, in accordance with industry standards of maintenance for similar projects in the United States; C) Rebellion, war, riot, act of sabotage, civil commotion, acts of vandalism, acts of terrorism, nuclear events or ionizing radiation causing direct physical damage; D)
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Abbreviations and acronyms 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 ACI–NA Airports Council International–North 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 FAST Fixing America's Surface Transportation Act (2015) 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)
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TRA N SPO RTATIO N RESEA RCH BO A RD 500 Fifth Street, N W W ashington, D C 20001 A D D RESS SERV ICE REQ U ESTED G uidebooks for Post-A w ard Contract A dm inistration, Volum e 3: Research O verview N CH RP Research Report 939 TRB ISBN 978-0-309-48142-7 9 7 8 0 3 0 9 4 8 1 4 2 7 9 0 0 0 0
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Key Terms
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