Document Lewiston_doc_08ef5828e6

DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 103 ADAMS AVENUE LEWISTON, MAINE 04240 Tel. [PHONE REDACTED] Fax [PHONE REDACTED] CONTRACT AND CONTRACT DOCUMENTS For ROUTE 196 RESURFACING W estminster Street (Lewiston) to 0.1 Miles North of River Road (Lisbon) LEW ISTON & LISBON, MAINE Federal Project No. AC-NH-1911(200)E/ Me DOT W IN No. 19112.00 And Federal Project No. AC-STP-1912(400)X/ Me DOT PIN No. 19124.00 BID NO. 2012-012 April 2012 ---PAGE BREAK--- ---PAGE BREAK--- Route 196 Resurfacing TABLE OF CONTENTS PAGE NO. Notice to N-1 Proposal P-1 Contract Form C-1 Addenda, If Notice of NA-1 Notice To NP-1 Division 10 Supplemental 10-1 Division 20 General 20-1 Federal Conditions Wage TECHNICAL SPECIFICATIONS Descpription Number of Pages Location Map 1 Typical Section 1 General Notes 2 ---PAGE BREAK--- MDOT DOCUMENTS Table of Contents Descpription Number of Pages Special Provisions, SECTION 102.7.3, ACKNOWLEDGMENT OF 1 BID AMENDMENTS Special Provisions, SECTION 104, GENERAL RIGHTS & RESPONSIBILITES 1 (Electronic Payroll Submission) Special Provisions, SECTION 104, UTILITY 3 Special Provisions, SECTION 105, BUY AMERICA 1 Special Provisions, SECTION 105, DBE 4 Special Provisions, SECTION 105, NPDES 1 Special Provisions, SECTION 105, OVERLOAD MOVEMENT 3 Special Provisions, SECTION 107, COMPLETION DATE 1 Special Provisions, SECTION 107, CPM SCHEDULE 1 Special Provisions, SECTION 107, PROJECTED PAVEMENT SCHEDULE 1 Special Provisions, SECTION 108, PAYMENT 2 (Asphalt Escalation) Special Provisions, SECTION 400, PAVEMENT 23 Special Provisions, SECTION 652, TYPE VII SHEETING 1 Standard Details Update 4 SUPPLEMENTAL SPECIFICATION, Contract Interpretation (Corrections, Additions, & Revision to Standard Specifications- Revision of December 2002) 27 APPENDIX A to Division 100 SECTION 1, Bidding Provisions 36 ---PAGE BREAK--- N - 1 PIN No.19112.00 & 19124.00 BID NO. 2012-012 Bid Date: May 15, 2012 ROUTE 196 RESURFACING LEWISTON & LISBON, MAINE NOTICE TO CONTRACTORS Sealed bids for the City of Lewiston, Maine, Route 196 Resurfacing will be received by the office of Budget/Purchasing until Tuesday, May 15, 2012 at 2:00 PM prevailing time, and at that time publicly opened and read a loud. A Mandatory Pre-Bid conference will be held on Tuesday, May 8, 2012 at 9:00 AM. The location will be Lewiston Public Services, 103 Adams Ave., Lewiston, Maine, second floor Conference Room. The general scope of the project includes, but is not limited to, the following: Milling of pavement and a 1.25” inch pavement overlay on Route 196 beginning at Westminster Street in Lewiston and extending southeasterly 6.33 mi. to 0.1 mile north of River Road in Lisbon. The work shall be the complete and satisfactory furnishing and installing of approximately 13,000 tons of machine placed 9.5 mm Hot Mix Asphalt; 800 tons of machine place 9.5 mm Hot Mix Asphalt shim; 500 tons of 9.5 mm hand placed Hot Mix Asphalt for driveways; 2,100 square yards of pavement butt joints; 137,000 linear feet of white and yellow pavement marking lines; 3,100 square feet of pavement and curb markings, 170,000 square yards of Removing Pavement Surface; and all other incidental work as necessary to satisfactorily complete the project as outlined or implied in the Plans/Specifications. This project is subject to the Federal Labor Standards Provisions and Davis-Bacon Wage Rate, “Standard Specification “ , revision of December 2002, and “Standard Details”, revision of December 2002 and or City of Lewiston Standards. Each bidder is required to state in his/her Bid his/her name and place of residence and the names of all persons or parties interested as principals with him/her; and that the Bid is made without any connection with any other bidder making any Bid for the same work; and that no person acting for, or employed by, the City of Lewiston is directly or indirectly interested in the Bid or in any contract which may be entered into to which the Bid relates, or in any portion of the profits there from, except as provided by the City Charter. The Bid must be signed by the bidder with his/her full name and address and be enclosed in a sealed envelope together with the bid security. The sealed envelope shall be marked with the name and address of the bidder and entitled: ROUTE 196 RESURFACING LEWISTON and Lisbon, MAINE Federal Project No. AC-NH-1911(200)E/ Me DOT WIN No. 19112.00 And Federal Project No. AC-STP-1912(400)X/ Me DOT PIN No. 19124.00 ---PAGE BREAK--- N - 2 PIN No.19112.00 & 19124.00 And addressed to: “Director of Budget & Purchasing, City Hall, Lewiston, Maine”. If the Bid is forwarded by mail, the sealed envelope containing the Bid and marked as above must be enclosed in a second envelope which shall be addressed to: “Director of Budget & Purchasing, 27 Pine Street, City Hall, Lewiston, ME 04243-0479.” All mailed Bids should be sent by registered mail to insure delivery. Basis of award is the lowest responsive, responsible bid. Any bidder may withdraw his/her Bid prior to the scheduled time for the opening of Bids upon presentation to the Director of Budget & Purchasing of a request, in writing, to do so. Any bidder who withdraws his/her Bid within thirty (30) days after the actual opening thereof shall be considered to have abandoned his/her Bid and the bid security accompanying the Bid will be forfeited to the City of Lewiston. Any Bid received after the scheduled opening time will not be considered. The Finance Committee reserves the right to waive any formality and may consider as informal any Bid not prepared and submitted in accordance with these provisions. The Finance Committee reserves the right to accept any Bid or reject any or all Bids if it is deemed to be in the public interest to do so. No Bid will be considered unless it is accompanied by a bid security in the form of a bid bond or certified check in the amount of ten percent of the total bid price, made out in favor of the City of Lewiston. All bid securities will be released upon deliverance of a signed Contract or, if no Contract award is made, within forty-five (45) days after the opening of the Bids, unless forfeited as herein stipulated. The Contract must be signed within ten (10) days, Saturdays, Sundays, and holidays excepted, after the date of notification to the bidder by the Director of Budget & Purchasing of the acceptance of his/her Bid and readiness of the Contract to be signed. If the bidder fails or neglects, after such notification, to execute the Contract, the Finance Committee may determine that the Bid has been abandoned; and, in such case, the bid security accompanying the Bid shall be forfeited to the City of Lewiston. A Performance Bond and a Labor and Material Payment Bond, preferably executed on AIA Bond Form Number A311 in an amount equal to the total Contract price, of a surety company satisfactory to the Director of Budget & Purchasing, will be required of the successful bidder to ensure completion of the work and the proper fulfillment of the conditions of the Contract. The total Contract price shall mean the total bid price as stated in the Bid based on the estimated quantities of the various items of work. The work shall commence within ten (10) days after the date of the Contract signing unless otherwise specified in the Specifications or directed by the Director of Budget & Purchasing, in writing, and shall continue with diligent regularity until its completion within the time limit specified. All Bids must be made on the blank Bid Form bound in the Contract Documents, or as otherwise provided for in the Specifications. Bidders shall state prices for each separate item of work as called for in the Bid Form. These prices are to cover all expenses incidental to the completion of the work in full conformity with the Contract Documents. ---PAGE BREAK--- N - 3 PIN No.19112.00 & 19124.00 The prices must be stated both in words and figures. Should a discrepancy be found between the prices written in words and the prices written in figures, the prices written in words shall govern Bids which do not contain prices for all items which are called for or which otherwise are not in conformity with this Notice may be rejected. Each bidder shall make his/her Bid from his/her own examinations and estimates, and shall not hold the City, its agents or employees responsible for, or bound by, any schedule, estimate, sounding, boring, or any plan thereof; and shall, if any error in any plan, drawing specifications or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once, in writing, to the Engineer. This Bidder’s attention is called to the Federal Wage Rates, DBE, and Buy American requirements for this Project. All materials and labor required to complete the work shall be supplied by the Contractor unless otherwise provided for in the Special Provisions, Plans and the Standard and Supplemental Specifications. The cost and expense of all the necessary labor, tools and equipment required to complete the work shall be included in the prices stated in the Bid. Plans and Specifications can be obtained on the City website at www.lewistonmaine.gov under Purchasing and “Bids and Awards”. Contract documents can also be viewed at the following location: Office of the Director of Budget/Purchasing, City Hall – Tel. [PHONE REDACTED] Ext. 3259 Office of the Director of Public Works, 103 Adams Ave – Tel. [PHONE REDACTED] Ext. 3422 McGraw Hill, Scarborough, Maine Willis of Northern New England, Auburn, Maine Construction Summary of Maine, Manchester, New Hampshire Associated Constructions of Maine, Augusta, Maine All questions by prospective bidders pertaining to the Contract Documents, Plans and Specifications must be received, in writing, by the Engineer, at least five days before the date set for the opening of the Bids. Any questions which, in the opinion of the Director of Budget & Purchasing, require interpretation, will be sent by registered mail, with the interpretation, in the form of a numbered Addendum, to each person or firm who has taken out a set of Contract Documents, not later than three days prior to the scheduled opening of the Bids. Addenda issued later than three days prior to the scheduled opening of the Bids may be by telephone or fax machine. Bidders shall acknowledge receipt of all Addenda in the space provided therefore in the Bid Form, whether the Addenda are in response to questions or otherwise issued by the City and whether the Addenda are received by mail or telephone or fax machine. The Special Provisions Plans and the Standard and Supplemental Specifications delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Supplemental Specifications and the Standard Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. ---PAGE BREAK--- N - 4 PIN No.19112.00 & 19124.00 If the Bid Price of any or several bid items submitted with this Bid appear to be extremely low or high, compared to the actual cost of performing the work, the Bidder may be asked to explain, in writing, how the work in question is to be performed at the price or prices bid before a decision is made by the City to award a Contract or reject the Bid. Bids will be considered irregular and will be rejected for the following reasons: A. If the Bid is on a form other than that furnished by the City or if the form is altered in any way. B. If there are unauthorized additions, conditional or alternate bids or irregularities of any kind which may make the Bid incomplete, indefinite or ambiguous as to its meaning. C. If the Bidder adds any provisions reserving the right to accept or reject an award or to enter into a Contract pursuant to an award. D. If the Bid does not contain a unit price for each pay item listed unless otherwise specified. ---PAGE BREAK--- P - 1 PIN No. 19112.00 & 19124.00 CITY OF LEWISTON BID FOR ROUTE 196 RESURFACING LEWISTON and LISBON, MAINE Me DOT PIN No. 19112.00 & 19124.00 BID NO. 2012-012 To: Director of Budget & Purchasing City Hall, Lewiston, Maine Dear Sir/Madam: The undersigned hereby declares that he/she has carefully examined the location of the proposed work, the proposed Contract Form and the Contract Documents therein referred to and that he/she proposes and agrees, if this Bid is accepted, that he/she will contract with the City of Lewiston, by its City Administrator to provide all machinery, tools, labor, equipment and other means of construction and to do all the work and to furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the Engineer and/or Director of Public Services as provided for therein; and that he/she will accept in full payment therefore the following sums to wit: ---PAGE BREAK--- P - 2 PIN No. 19112.00 & 19124.00 ---PAGE BREAK--- P - 3 PIN No. 19112.00 & 19124.00 (In Words) (In Figures) TOTAL: $ The undersigned acknowledges the receipt of Addenda numbered . The undersigned further agrees that, after notification by the Director of Budget & Purchasing of the acceptance of his/her Bid and the readiness of the Contract for signature, he/she will execute the Contract and furnish the required Bonds within ten (10) days, Saturdays, Sundays and Holidays, excepted, and that he/she will commence the work within ten (10) days after the execution of the Contract and deliverance of the Bonds, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Services or City Engineer in writing; and that he/she will prosecute the work to its completion within the time limit specified in the Supplemental Specifications. The undersigned further agrees that there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of two hundred ($500.00) dollars for each working day beyond the time limit specified in the Supplemental Specifications which is required by the Contractor to complete the whole work to the satisfaction of the Engineer and the Director of Public Services. ---PAGE BREAK--- P - 4 PIN No. 19112.00 & 19124.00 The undersigned further agrees that in the employment of labor, preference will be given, all other things being equal, to the citizens of Lewiston and of the State of Maine, in that order. The undersigned hereby further declares that the only persons or parties interested in this Bid, as principals, are named below; that the Bid is made without any connection with any other person or party making any Bid for the same work; and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in this Bid or in any contract which may be made under it or in profits expected to arise there from, except as provided by the City Charter. The full names and addresses of all persons and parties interested in this Bid, as principals, are as follows: (Give first and last names in full; and in the case of a Corporation, give names and addresses of President, Treasurer and Manager; and in case of a Partnership, give names and addresses of members): Accompanying this Bid is a bid security deposit in the amount of of Total Bid) which is to become the property of the City of Lewiston, by forfeiture, if the undersigned fails, after notification by the Director of Budget & Purchasing of the acceptance of his/her Bid, to execute a Contract with the City and furnish the required Bonds within the time agreed to herein; or, in case the undersigned withdraws his/her Bid within thirty (30) days after the opening of the Bids. Otherwise, the deposit will be returned to the undersigned in accordance with the provisions in the Notice to Contractors. Signature of person, firm, or corporation making bid: Signature of person, firm, or corporation making bid: By: Legal Address: Principal place of business: FIRM’S I.R.S. IDENTIFICATION NO: Date: _ Address to which all correspondence and notifications are to be sent: Phone No: ---PAGE BREAK--- C-1 PIN No.19112.00 & 19124.00 CITY OF LEWISTON CONTRACT FOR ROUTE 196 RESURFACING LEWISTON and Lisbon, MAINE Me DOT PIN No. 19112.00 and 19124.00 BID NO. 2012-012 This Agreement, made and entered into this day of in the year Two Thousand Twelve (2012), by and between the City of Lewiston, Maine, a municipal corporation existing under the laws of the State of Maine, hereinafter called “Owner”, by its City Administrator, party of the first part, and hereinafter called “Contractor”, with legal address and principal place of business at party of the second part: WITNESSETH: That the parties to these presents, each in consideration of the covenant and agreements on the part of the other herein contained, have covenanted and agreed and do hereby covenant and agree, the party of the first part for itself and the party of the second part for himself/herself and his/her heirs, executors, administrators and assigns under the penalties expressed in the Performance Bond and the Labor and Material Payment Bond as follows: That this Agreement includes the following documents hereinafter referred to as Contract Documents, which are attached hereto and incorporated by reference into this Agreement: A. Notice to Contractors B. Proposal C. Contract D. Notice of Award E. Notice to Proceed F. Supplemental Specifications G. Standard Specifications H. Contract Plans, if any I. Addenda, if any J. Federal & State Conditions and Specifications ---PAGE BREAK--- C-2 PIN No.19112.00 & 19124.00 That the party of the second part will do all the work, furnish all the materials, tools and equipment, except as otherwise specified, and do everything necessary and proper for performing and faithfully completing the work required by the Contract Documents in strict conformity with the provisions of the Contract Documents within the time specified in the Special Provisions, Plans and the Standard and Supplemental Specifications. That the party of the first part will pay the party of the second part as full compensation for well and faithfully completing the whole work according to the Contract Documents as follows: The party of the second part represents and warrants: A. That he/she is financially solvent; and is experienced in and competent to perform the work; and is able to furnish the plant, materials, supplies, labor, and equipment to be furnished by him/her; and: B. That he/she is familiar with all Federal, State, Municipal and Departmental laws, ordinances and regulations which may in any way affect the work or those employed therein; and: C. That such temporary and permanent work required by the Contract Documents to be done by him/her can be satisfactorily constructed and used for the purposes for which it is intended; and that such construction will not injure any person or damage any property other than that damage caused by the construction; and: D. That he/she has carefully examined the Contract Documents and the site of the work; and from his/her own investigation has satisfied himself/herself as to the nature and location of the work, the character, quality and quantity of surface and subsurface material likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions; and all the other materials and conditions which may in any way affect the work or its performance. ---PAGE BREAK--- C-3 PIN No.19112.00 & 19124.00 IN WITNESS WHEREOF, the said City, by its City Administrator and the said By its thereunto duly authorized have hereunto set their hands and seals the day and year first above written. Signed in the presence of: By: Witness Edward Barrett, City Administrator By: Witness , Contractor ---PAGE BREAK--- NA-1 NOTICE OF AWARD To: Bid 2012-012 Insert Project ROUTE 196 RESURFACING The City of Lewiston has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated Information for Bidders. You are hereby notified that your BID has been accepted for items for a total award You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Security and certificates of insurance within ten (10) days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said City of Lewiston will be entitled to consider all your rights arising out of the City acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the City of Lewiston. Dated this: By: Project Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by (firm) this the of 2012 By: Title: ---PAGE BREAK--- NP-1 NOTICE TO PROCEED To: Bid 2012-012 Insert Project Name: ROUTE 196 RESURFACING You are hereby notified to proceed with the work entitled together with all necessary appurtenances, and to diligently prosecute the work. You are instructed to immediately take the necessary steps for execution of the work within ten (10) calendar days (or other start time as specified) from the date of this Notice to Proceed. The work is to be completed by as stated in the Contract. By: Project Manager Title: Date: ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 and 19124.00 Route 196 10-1 DIVISION 10 SUPPLEMENTAL SPECIFICATIONS PAGE NO 10.01 Scope of Work 10-2 10.02 Time Limit 10-2 10.03 Governing Documents 10-2 10.04 10-2 10.05 Preconstruction Conference 10-3 10.06 Change in the Scope of 10-3 10.07 Materials 10-3 10.08 Field Layout 10-3 10.09 Disposal of Surplus 10-4 10.10 Shop Drawings 10-4 10.11 Site Investigation 10-4 10.12 Maintenance of 10-4 10.13 Miscellaneous 10-4 10.14 10-5 ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 and 19124.00 Route 196 10-2 DIVISION 10 SUPPLEMENTAL SPECIFICATIONS Route 196 RESURFACING Westminster Street (Lewiston) to 0.1 Miles North of River Road (Lisbon) Me DOT PIN No. 19112.00 & 19124.00 10.01 SCOPE OF WORK The general scope of the project includes, but is not limited to, the following: Milling of pavement and a 1.25” inch pavement overlay on Route 196 beginning at Westminster Street in Lewiston and extending southeasterly 6.33 mi. to 0.1 mile north of River Road in Lisbon. The work shall be the complete and satisfactory furnishing and installing of approximately 13,000 tons of machine placed 9.5 mm Hot Mix Asphalt; 1,000 tons of machine place 9.5 mm Hot Mix Asphalt shim; 500 tons of 9.5 mm hand placed Hot Mix Asphalt for driveways; 2,100 square yards of pavement butt joints; 137,000 linear feet of white and yellow pavement marking lines; 3,100 square feet of pavement and curb markings, 170,000 square yards of Removing Pavement Surface; and all other incidental work as necessary to satisfactorily complete the project as outlined or implied in the Plans/Specifications. 10.02 TIME LIMIT The contract shall not be awarded until after the City of Lewiston Finance Committee Meeting on May 21, 2012 and shall complete the work outlined in the Contract Documents by no later than July 31, 2012. The Contractor shall be responsible for ordering his/her materials 10.03 GOVERNING DOCUMENTS The following documents govern over the State of Maine, Department of Transportation, Standard Specifications, Revised December 2002 (Maine DOT Specifications): Notice to Contractors, Proposal Form, Contract Form, Addenda, If any, Notice of Award, Notice to Proceed, Division 10 Supplemental Specifications, and Division 20 General Provisions. Maine DOT Specifications govern for all other sections. In the event that discrepancies or conflicts exist between Maine DOT and the City of Lewiston in regards to specifications, and plans, Maine DOT's or the most restrictive shall prevail. 10.04 SAFETY During the course of the work, the Contractor shall assume full responsibility for the safety and protection of all workers and the general public, and shall meet all applicable local, State and ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 and 19124.00 Route 196 10-3 Federal safety standards. The contractor shall maintain safe and continuous vehicular and pedestrian traffic while work is being done. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act. The Contractor shall have a competent person or persons as required under the Occupational Safety and Health Act on the site to inspect the work and to supervise the conformance of the Contractor's operations with the regulations of the Act. Bidders are urged to make themselves familiar with these requirements of the regulations. 10.05 PRECONSTRUCTION AND UTILITY CONFERENCE A Preconstruction and Utility Conference will be held between the MaineDOT, Contractor, Utility Companies, and the City of Lewiston, at a mutually agreed time, to review the Contractor's proposed methods of complying with the requirements of the Plans and Specifications and the Regulations of the City. Refer to Sections 104.4.2. "Preconstruction Conference" and Section 104.4.6.A "Pre-Construction Utility Conference" of the MeDOT Specifications. At the Preconstruction meeting the Contractor shall submit to the Engineer a work schedule, traffic control plan, and Shop Drawings, submittals, erosion control plan and contractor's safety plan. Prior to placing any mix there will be a Pre-paving conference. The contractor shall submit to the Engineer a Quality Control Plan, which requires approval by the Engineer prior to placement of any HMA. Refer to Section 401.18 "Quality Control Method A, B, & 10.06 CHANGE IN THE SCOPE OF WORK The City of Lewiston reserves the right to add or delete portions of the work required under this Contract, using unit prices established in the Proposal. The Contractor’s attention is directed to Sections 20.29, "Extra Work" and 20.30 “Reduction of Work” of the Specifications. If no unit price exist, a change order must be negotiated between the City of Lewiston and the Contractor. 10.07 MATERIALS The Contractor shall supply all materials, equipment, and labor as necessary to complete the Project in accordance with the Plans and Specifications. 10.08 FIELD LAYOUT The City shall provide control points once for the Contractor. The Contractor shall establish baseline from the supplied control points. The baseline in these Specifications is for reference only to locate items and is not meant to be exact locations. If, during the course of ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 and 19124.00 Route 196 10-4 construction, the layout points, benchmarks, or control points are disturbed by the Contractor, it shall be his/her responsibility to re-establish their locations. 10.09 DISPOSAL OF SURPLUS MATERIAL The contractor shall be responsible for disposing of all surplus materials at no additional cost to the City. 10.10 SHOP DRAWINGS The Contractor shall submit four copies of shop drawings to the Engineer for his/her review and approval, all materials shall comply with Maine DOT Specifications. 10.11 SITE INVESTIGATION The Contractor shall examine the Plans/Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub-surface materials to be encountered, any dewatering, the machinery and services required to complete the Project as required by the Contract Documents and all other aspects of the work. 10.12 MAINTENANCE OF TRAFFIC Attention is called to Maine DOT Specifications, Section 652 "Maintenance of Traffic" and the Special Provisions of Sections 105 and 652 included in this document. PIN 19112.00 – Route 196 – Lewiston: One lane of traffic shall be maintained in each direction from 7am to 6pm, through the use of lane shifts. If alternating one-way traffic is necessary it shall be from 6pm to 7am for closure in excess of 1500 feet, (flagger to flagger). Alternating one-way traffic in closures shorter than 1500 feet may be done from 9am to 3pm. PIN 19124.00 – Route 196 – Lisbon: One lane of traffic shall be maintained in each direction from 7am to 6pm, with the following exception. Alternating one-way traffic, in lane closures no greater than 1000 feet in length, (flagger to flagger) may be done anytime except the afternoon peak hours of 3pm to 6pm. No Work will be permitted on this project between July 13, 2012 and July 15, 2012 to accommodate the Moxie Festival. 10.13 MISCELLANEOUS Property Markers - It shall be the Contractor's responsibility to locate and maintain all property pins, monuments, etc., for the duration of the Project. If during the course of ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 and 19124.00 Route 196 10-5 construction, an existing property pin is lost due to the work, it shall be the Contractor's responsibility to accurately replace the marker. Replacement of Fences, Shrubs, Mailboxes, and Hedges - The cost of replacing or repairing damaged or broken fences, steps, shrubs, mailboxes, hedges, trees, etc., will be considered incidental to the project and no payment will be made to the Contractor for this work. Performance and Payment Bonds - The Contractor shall include in his/her Proposal under the "Mobilization" item, the cost of his/her Performance and Payment Bond. The Contractor shall be paid this amount on his/her first partial payment provided that invoices substantiating the amount are submitted to the Engineer prior to payment. Miscellaneous - The cost of all other incidental construction work required to complete the whole work as specified or implied in the Plans and Specifications for which there is no pay item, will be paid under the "Mobilization" item. An itemized cost breakdown for the "Mobilization" item shall be given to the Engineer at the Preconstruction Conference. 10.14 CLEAN UP a. All debris resulting from the operations under this Contract and all tools and apparatus are to be removed from the site at the completion of the work and the site left clear and free from hazards, to the satisfaction of the City of Lewiston. End of Section ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-1 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS PAGE NO. 20.01 Scope 20-2 20.02 Definitions 20-2 20.03 Insurance and Liability 20-3 20.04 Dispute Resolution Cost and Expenses 20-4 20.05 Laws and Regulations 20-5 20.06 Permits 20-5 20.07 Estimates and Payments 20-5 20.08 Final Estimate and Payment 20-5 20.09 Last Payment to Terminate Liability of City 20-6 20.10 Site Investigation 20-6 20.11 Borings and Estimate of Quantities Not Warranted 20-6 20.12 Commencement of Work 20-7 20.13 Time and Order of Doing Work 20-7 20.14 No Damages for Delay 20-7 20.15 Competent Personnel to be Employed 20-7 20.16 Not to Sublet or Assign 20-8 20.17 Directions and Explanations, Corrections of Errors 20-8 20.18 Duty to Notify Engineer if Ambiguities Discovered 20-8 20.19 Early Negotiation 20-8 20.20 Superintendence by Contractor 20-9 20.21 Alterations 20-9 20.22 No City Employee to be Interested 20-9 20.23 Waiver 20-9 20.24 Access to Work 20-10 20.25 Engineer to Determine Amount and Quantity of Work, Inspection of Materials 20-10 20.26 Defective Work and Materials 20-10 20.27 Sanitary Regulations 20-11 20.28 No Intoxicating Drinks 20-11 20.29 Extra Work 20-11 20.30 Reduction of 20-11 20.31 No Time Extension 20-12 20.32 Employment of Labor 20-12 20.33 Conditions under Which Director May Complete Work 20-12 20.34 Payment for Materials 20-13 20.35 Guarantee 20-13 20.36 Work Day 20-13 ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-2 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATION 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. E. Director of Public Services or Director: Whenever the term Director of Public Services, Director or a pronoun, in their stead is used, it shall mean the Director of Public Services of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-3 F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. G. Specification: Whenever the term Specifications or a pronoun in its stead is used, it shall mean and include the Standard Specifications as herein set forth and any Supplemental Specifications included in the Contract Documents. H. Contract Plans: Whenever the term Contract Plans, or a pronoun in their stead, is used, it shall mean and include all drawings, graphic representations, diagrams and any notes or explanations thereon supplied to the Contractor before the date of this Contract. I. Lump Sum Bid Price: Whenever the term Lump Sum Bid Price, Lump Sum Bid, Lump Sum or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor to furnish the labor, machinery, tools, apparatus and other means of construction and for doing all the work and furnishing all material called for by the Contract Documents except rock excavation and those items specifically stated as being considered extra work or for which unit prices have been established in the Contract and Proposal. J. Unit Bid Price: Whenever the term Unit Bid Price, Unit bid, Unit Price or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor and the City as full payment to the Contractor for furnishing all necessary labor, materials and equipment (except that which is specifically excluded in the Supplemental and Standard Specifications and Contract Plans) necessary to do one unit of work, i.e., the unit price for one cubic yard of excavation multiplied by the actual number of cubic yards excavated, yields the total payment for the work done. 20.03 INSURANCE AND LIABILITY: The Contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work; shall bear all losses resulting to him/her on account of the amount or character of the work or because the nature of the land in or on which the work is done is different from what was estimated or expected or on account of the weather, elements or other cause; and he/she shall assume the defense of and indemnify and save harmless the City and its officers, agents and servants from all claims relating to labor and materials furnished for the work; to inventions, patents and patent rights used in doing the work; to injuries to any person or corporation received or sustained by or from the Contractor and his/her employees in doing the work, or in consequence of any improper materials, implements or labor used therein; and to any act, omission or neglect of the Contractor and his/her employees therein. The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-4 INSURANCE REQUIREMENTS A. Claims: The City of Lewiston will not be held responsible for any damages or injuries arising out of any snow removal activity for the City. Any related claim will be referred to the Contractor. The contractor may wish to make personal restoration within a reasonable amount of time at the property owner’s satisfaction or process a claim with their insurance carrier. B. Insurance: The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing by May 18, 2012. C. Workers’ Compensation: Workers’ Compensation, coverage with Statutory Limits and Employers Liability for all employees with limits of $400,000 per incident; and in case any work is sublet, the Contractor shall require the sub-contractor similarly to provide coverage for the latter’s employees unless such employees are covered by the protection afforded the Contractor. D. Automotive Liability Insurance: Automotive Liability insurance with minimum limits of liability for bodily injury in the amount of $400,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate. E. General Liability Insurance: General Liability insurance with minimum limits of liability for bodily injury in the amount of five hundred thousand ($500,000) for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate, or a combined single limit of five hundred thousand ($500,000) for each occurrence, including completed operations shall be required. F. Performance Bond and Labor and Material Payment Bond in the sum of the total amount of the Contractor’s proposal with a surety company satisfactory to the Owner will be required as surety for the faithful performance of the Contract by the successful bidder. The bonds will be required prior to execution of the Contract. 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney’s fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-5 work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. 20.06 PERMITS: The Contractor shall, at his/her own expense, obtain all necessary permits from the County, Municipal or other public authorities, shall give all notices required by law or ordinances; and shall post all bonds and pay fees and charges incident to the due and lawful prosecution of the work covered by this Contract. 20.07 ESTIMATES AND PAYMENTS: The Engineer will, each month, make an approximate estimate of the amount of work done since the last preceding estimate and of the value thereof, and upon such estimate being made, the City will pay to the Contractor ninety (90%) per cent of the estimate; provided, however, that no such estimate or payment shall be required to be made when, in the judgment of the Engineer, the total value of the work done since the last estimate or payment amounts to less than three hundred ($300.00) dollars. Payment may at any time be withheld if the work is not proceeding in accordance with the provisions of this Contract. The Engineer may, if he/she deems it expedient so to do, cause estimates to be made more frequently than once in each month, and he/she may approve payments to be made more frequently to the Contractor. The Engineer may at his/her option retain, temporarily or permanently, a smaller amount than aforesaid, and may approve payment to the Contractor, either temporarily or permanently from time to time during the progress of the work, of such portion of the retained amount as he/she may deem prudent. The City, may keep any money which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefore, to the payment of any expenses, losses, or damage incurred by the City and determined as herein; and may retain, until all claims are settled, so much of such money as the Director shall be of the opinion will be required to settle all claims against the City, its officers, agents or servants. The City may set off any unpaid taxes, fees or other charges or other amounts owed by the contractor against the contract price, in full or partial satisfaction. 20.08 FINAL ESTIMATE AND PAYMENT: It is further mutually agreed that whenever, in the opinion of the Engineer and the Director, the Contractor shall have completely performed all the work embraced in this Contract, the Engineer shall proceed with all reasonable diligence to measure the work and shall make out the final estimate for the same and shall certify the same in writing; and his/her certificate shall state the whole amount of the payments previously paid and the amount retained in all previous estimates. Within the term of thirty (30) days after the date of such final estimate, the City will pay to the said Contractor the amount due. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-6 Provided that nothing herein contained shall be construed to affect the right of the City by its Director of Public Services hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. 20.9 LAST PAYMENT TO TERMINATE LIABILITY OF CITY: No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid; and neither the City, nor its Mayor, nor any member or agent thereof, shall be liable for, or be held to pay any money, except as provided for in Sections 20.07, 20.08, 20.16, and 20.33 of the Standard Specifications and in the Contract. The Acceptance by the Contractor of the last payment aforesaid shall operate as and shall be a release to the City, its Mayor, and every member or agent thereof, from all claim or liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the City, or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be of the amount kept or retained as provided for in Section 20.07. 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub- surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to negotiation and execution of the Contract, unless such understanding or representation shall be in writing and become a part of the Contract Documents. 20.11 BORINGS AND ESTIMATE OF QUANTITIES NOT WARRANTED: It is expressly understood and mutually agreed to by the parties hereto that the quantities of the various classes of work to be done and materials to be furnished under this Contract have been estimated and are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work. It is also understood that the Contractor has made his/her proposal from his/her own examinations and estimates and shall not hold the City, its agents or employees responsible for or bound by any schedule, estimate, sounding, boring or any plan thereof as being even approximately correct; and should the Contractor encounter quicksand or other difficulties, he/she shall have no claim on that account; and he/she shall, if any error in any plan, drawing, specification or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once to the Engineer. The Contractor further agrees that neither the City of Lewiston, nor the Director of Public Services, the Engineer, nor either of them separately or together are to be held responsible that any of the quantities be found even approximately correct in the construction of the work, and that the Contractor will make no claim for anticipated profits or for loss of profit because of a difference between the quantities of the various classes of work actually done, or of the materials actually delivered, and any estimated quantities stated in the bids. The Contractor hereby agrees that he/she will complete the entire ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-7 work to the satisfaction of the Engineer and in accordance with the Specifications and Plans herein mentioned and at the prices agreed upon and fixed therefore. 20.12 COMMENCEMENT OF WORK: The contract shall not be awarded until after the City of Lewiston Finance Committee Meeting on May 21, 2012. The Contractor agrees to commence the work required in the Contract Documents within ten (10) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Services; and at his/her own cost and expense do and complete all the work and furnish all the labor, machinery, tools and materials, except as specified in the Supplemental Specifications, and to do everything required to build and put into complete working order for the City of Lewiston the work described in the Contract Documents. 20.13 TIME AND ORDER OF DOING WORK: The Contractor agrees that the work shall be commenced and carried on at such points and in such order of precedence and at such times and seasons as may from time to time be directed by the Engineer. It is further agreed that no work shall be done under this Contract on Saturdays or Sundays or on days declared by the State Legislature as Legal Holidays, except in cases of emergency and then only with the consent in writing of the Director of Public Services; nor shall any work be done at night unless authorized in writing by the Director. The Contractor shall make his/her work week conform to that of the Public Services Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. 20.14 NO DAMAGES FOR DELAY: The Director may delay the beginning of the work or any part thereof if the City shall not have obtained possession of the land in or upon which the same is to be performed or if for any other reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. 20.16 NOT TO SUBLET OR ASSIGN: ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-8 The Contractor shall give his/her personal attention constantly to the faithful prosecution of the work, shall keep the same under his/her personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the Director; and shall not, either legally or equitably, assign any of the money payable under this Agreement or his/her claim thereto, unless by and with the like consent of the Director. 20.17 DIRECTIONS AND EXPLANATIONS, CORRECTIONS OF ERRORS: The Plans and Specifications are understood to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either of them, the parties hereto further agree that the explanation and decision of the Engineer shall be final and binding on the Contractor; and all directions or explanations required or necessary to complete any of the provisions of this Contract and these Specifications and give them due effect shall be given by the Engineer. Correction of any error in the Plans or Specifications may be made by the Engineer, when such correction is necessary for the proper fulfillment of the intention of such Plans or Specifications, the effect of such correction to date from the time that the Engineer gives due notice in writing to the Contractor. 20.18 DUTY TO NOTIFY ENGINEER IF AMBIGUITIES DISCOVERED: The Contractor shall not take advantage of any ambiguity, error, omission, conflict, or discrepancy (“ambiguity, etc.”) contained in the Plans and Specifications that may significantly affect the cost, quality, conformity, or timeliness of the work. If the Contractor discovers any such ambiguity, etc., for which the Contractor may seek adjustments to compensation, time, or other Contract requirements, the Contractor shall provide a written notice stating the nature of the ambiguity, etc. within forty eight (48) hours of discovering or being notified of the ambiguity and before performing any work related to the ambiguity, etc., as provided in Section 20.19 – Early Negotiation. Failure to provide such written notice in compliance with the Contract shall constitute a waiver of all claims related to the ambiguity, etc. 20.19 EARLY NEGOTIATION: A. Notice Required: When the Contractor becomes aware of facts or circumstances that may cause the Contractor to seek additional compensation, time, or any other change in the requirements of the Plans and Specifications (“Issue”), then the Contractor shall notify the Engineer in writing within forty eight (48) hours of identification of the issue and at least 48 hours before commencing any part of the Work relating to the Issue. The notice must describe the basic nature and extent of the Issue. Such notice may be verbal only if confirmed in writing in one of the two following ways: if a Progress Meeting is held within fourteen (14) days of the date that the Issue became known, such Notice may be confirmed with an entry in the Progress Meeting minutes. Such entry must describe the basic nature and extent of the Issue. Otherwise, the Contractor shall confirm a verbal notice by delivering to the Engineer, within fourteen (14) days of the date the Issue arose, a Written Notice that describes the basic nature and extent of the Issue. ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-9 The written notice or confirmation will be known as a “Notice of Issue for Consideration”. The Contractor will not be entitled to any additional compensation, time, or any other change to the requirements of the Plans and Specifications without a timely Notice of Issue for Consideration. B. Negotiation: When the Engineer receives the Notice of an Issue for Consideration conforming to Section 20.19 A. Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he/she ceases to be on the Contractor's payroll. All directions given to such representative in the Contractor's absence shall be as binding as if given to the Contractor. 20.21 ALTERATIONS: It is further agreed that the Engineer may make alterations in the line, grade, form, position, dimension or material of the work herein contemplated, or any part thereof, either before or after the commencement of the work; and that the Director may at any time, order an alterations increase in the amount of work. Such increase shall be paid for according to the quantity actually done as extra work as provided for in Section 20.29. If such alterations diminish the quantity of work to be done, they shall not constitute a claim by the Contractor for damages or for anticipated profits on the work dispensed with and payment will be reduced in an amount determined as provided for in Section 20.30. 20.22 NO CITY EMPLOYEE TO BE INTERESTED: It is further agreed that this Contract shall be utterly void as to the City if any person employed in any capacity by the City of Lewiston is either directly or indirectly interested therein, except as provided by the City Charter. 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-10 herein provided and the City and the Director shall also be entitled to a writ of injunction against any breach of any of the promises of this Contract. 20.24 ACCESS TO WORK: The Engineer and Director, their assistants and inspectors may, for any purpose, enter upon the work and premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. Other City contractors may also, for all the purposes which may be required by their contracts, enter upon the work and premises used by the Contractor. Any difference or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Director. 20.25 ENGINEER TO DETERMINE AMOUNT AND QUANTITY OF WORK, INSPECTION OF MATERIALS: To prevent all disputes and litigations, it is hereby agreed by and between the parties to this Contract that the Engineer shall in all cases determine the amount and quality of the various classes of work which are to be paid for under this Contract; and that the Engineer by himself/herself, or his/her representatives acting under him/her, shall inspect all the materials to be furnished and all work to be done under this Contract to see that the same corresponds to the Specifications herein set forth. The Contractor further agrees that he/she will furnish the Engineer with such information and vouchers relating to the work, the materials therefore, and the persons employed thereon, as he/she shall from time to time request, and will give to the Engineer or his/her representatives all necessary labor, tools and facilities for inspecting the material to be furnished and the work to be done under this Contract. The Engineer has the authority to stop the work whenever such a stoppage may be necessary to insure proper execution of this Contract. He/she also has the authority to reject all work and materials which do not conform to the Specifications or Plans, to direct application of forces to any portion of the work and to order the force increased or diminished as in his/her judgment is required. 20.26 DEFECTIVE WORK AND MATERIALS: The inspection of the work shall not relieve the Contractor of any of his/her obligations to fulfill this Contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, in a manner satisfactory to the Engineer, and if any materials brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil; but such materials shall, upon being so attached or affixed, become the property of the City. ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-11 20.27 SANITARY REGULATIONS: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation and made fly proof and satisfactory to the Health Officer, shall be constructed and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. 20.28 NO INTOXICATING DRINKS: The Contractor shall neither permit or suffer the introduction or use of intoxicating substances upon or about the works embraced in this Contract or upon any grounds occupied by him/her. 20.29 EXTRA WORK: The City of Lewiston reserves the right to add portions of the work required under this Contract, using the unit prices established in the proposal. The City will determine if all work outlined in the plans or portions thereof shall be built under this Contract prior to the Contact signing. The term Extra Work as used herein refers to and includes work required by the City which, in the judgment of the Director, involves changes in or additions to that are required by the Plans and Specifications; provided, however, such changes or additions do not result from the fault of the Contractor. The Contractor shall do any extra work when and as ordered in writing by the Director or his/her agents specially authorized thereto in writing, and shall, when requested by the Director so to do, furnish itemized statements of cost of the extra work ordered and give the Director access to the accounts, bills and vouchers relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damage sustained, he/she shall, within one week after the beginning of any such work or of the sustaining of any such damage, make a written statement to the Director of the nature of the work performed or damage sustained and shall, on or before the fifteenth (15th) day of the month succeeding that in which any such extra work shall have been done or any such damage sustained, file with the Director an itemized statement of the details and amount of such work or damage; and unless such statements shall be made as so required, his/her claim for compensation shall be forfeited and invalid and he/she shall not be entitled to payment on account of such work or damage. The determination of the Engineer and Director shall be final upon all questions of the amount and value of extra work. If a unit price does not exist, payment for extra work will be actual cost plus fifteen (15%) per cent. No allowance will be made for overhead costs. 20.30 REDUCTION OF WORK: The City of Lewiston reserves the right to delete portions of the work required under this Contract, using the unit prices established in the Proposal. The City will determine if all work outlined in the Plans or portions thereof shall be built under this Contract prior to the Contract signing. ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-12 The Contractor shall omit and not perform any portion of the work required by the Contract Documents when ordered in writing by the Director or his/her agents specially authorized thereto in writing. If no unit price exists, it will be an estimate to be made by the Director and the Engineer. Their estimate will be final and binding. These reductions shall not constitute a claim by the Contractor for damage or for anticipated profit on the work dispensed with. 20.31 NO TIME EXTENSION: The Contractor further agrees that the time of completion of the whole work is the essence of the Contract; and that he/she will make every effort to complete the work within the time limit specified in the Supplemental Specifications. In the event the Contractor fails to complete the whole work in the time specified, there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of two hundred ($500.00) dollars for each working day, over and beyond the time limit specified which is required by the Contractor to complete the whole work to the satisfaction of the Engineer and the Director. No extension of the time limit will be considered except in the case of an extremely unusual circumstance beyond the control of the Contractor. Any time extension will be authorized only in writing by the Engineer and Director; in which case the inspection cost charges will begin on the first working day after the extended time limit. 20.32 EMPLOYMENT OF LABOR: The Contractor agrees that in the employment of labor, preference will be given, all things being equal, to citizens of Lewiston, the State of Maine and the United States in their respective order as above noted. 20.33 CONDITIONS UNDER WHICH DIRECTOR MAY COMPLETE WORK: The Contractor hereby agrees that if the work to be done under this Contract shall be abandoned or if this Contract or any part thereof shall be sublet without the previous written consent of the Director, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or at any time the Director shall be of the opinion that the work is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or agreements of this Contract, or is not executing the Contract in good faith, or is not making such progress in the execution of the work as to indicate its completion within the required time, the Director shall have the power and right to notify the Contractor to discontinue all work or any part thereof under this Contract. Thereupon the Contractor shall discontinue the work or any such parts thereof as the Director shall have the power, by contract with or without advertising, day labor or otherwise as he/she may determine, to employ such labor and obtain such tools and appliances as he/she may deem necessary to work at and be used to complete the work herein described or such parts thereof as the Director may deem necessary, and to use such tools and materials of every description as may be found upon the line of work, and to procure other materials for the completion of the same, and to charge the expense of said labor, tools and materials to the Contractor; and the expense so charged shall be deducted and paid by the City out of such monies as may be due or may become due the Contractor under this Contract or any part thereof. In case such expense is more than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then the Contractor shall pay the amount owed by the City under this Contract at the time the Contractor ---PAGE BREAK--- Lewiston & Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 20-13 is notified in writing to discontinue the work or any part thereof, plus the amount of the Bond executed by the Contractor for the performance of the Contract. 20.34 PAYMENT FOR MATERIALS: Payments will be made in accordance with the price stated in the Contract. The Contractor may include requests for payment of material delivered to the job site when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by these Plans and Specifications. If at any time within the period of the guaranty, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director of Public Works require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director of Public Services may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guaranty shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday or Sunday, on which weather and working conditions permit the Contractor to make effective use of not less than seventy-five (75%) per cent of the hours during the regular work day. In the event the Contractor is granted permission to engage in work on a legal holiday or Sunday, such a day will be considered and counted as a work day. End of Section ---PAGE BREAK--- Federal Project Requirements ---PAGE BREAK--- Updated 1/19/12 FEDERAL PROJECT ---PAGE BREAK--- Effective January 19, 2012 Supersedes December 23, 2011 BIDDING INSTRUCTIONS FOR ALL PROJECTS: 1. Use pen and ink to complete all paper Bids. 2. As a minimum, the following must be received prior to the time of Bid opening: For a Paper Bid: a) a copy of the Notice to Contractors, b) the completed Acknowledgement of Bid Amendments form, c) the completed Schedule of Items, d) two copies of the completed and signed Contract Offer, Agreement & Award form, e) a Bid Guaranty, (if required), and f) any other certifications or Bid requirements listed in the Bid Documents as due by Bid opening. For an Electronic Bid: a) a completed Bid using Expedite® software and submitted via the Bid Express™ web- based service, b) an electronic Bid Guaranty (if required) or a faxed copy of a Bid Bond (with original to be delivered within 72 hours), and c) any other Certifications or Bid requirements listed in the Bid Documents as due by Bid opening. 3. Include prices for all items in the Schedule of Items (excluding non-selected alternates). 4. Bid Guaranty acceptable forms are: a) a properly completed and signed Bid Bond on the Department’s prescribed form (or on a form that does not contain any significant variations from the Department’s form as determined by the Department) for 5% of the Bid Amount or b) an Official Bank Check, Cashier’s Check, Certified Check, U.S. Postal Money Order or Negotiable Certificate of Deposit in the amount stated in the Notice to Contractors or c) an electronic bid bond submitted with an electronic bid. 5. If a paper Bid is to be sent, “FedEx First Overnight” delivery is suggested as the package is delivered directly to the DOT Headquarters Building located at 16 Child Street in Augusta. Other means, such as U.S. Postal Service’s Express Mail has proven not to be reliable. IN ADDITION, FOR FEDERAL AID PROJECTS: 6. Complete the DBE Proposed Utilization form, and submit with your bid. If you are submitting your bid electronically, you must FAX the form to (207) 624-3431. This is a curable defect. If you need further information regarding Bid preparation, call the DOT Contracts Section at (207) 624-3410. For complete bidding requirements, refer to Section 102 of the Maine Department of Transportation, Standard Specifications, Revision of December 2002. ---PAGE BREAK--- January 19, 2012 Supersedes September 09, 2011 Page 1 of 1 NOTICE The Maine Department of Transportation is attempting to improve the way Bid Amendments/Addendums are handled, and allow for an electronic downloading of bid packages from our website, while continuing to maintain an optional planholders list. Prospective bidders, subcontractors or suppliers who wish to download a copy of the bid package and receive a courtesy notification of project specific bid amendments, must provide an email address to Diane Barnes or David Venner at the MDOT Contracts mailbox at: [EMAIL REDACTED]. Each bid package will require a separate request. Additionally, interested parties will be responsible for reviewing and retrieving the Bid Amendments from our web site, and acknowledging receipt and incorporating those Bid Amendments in their bids using the Acknowledgement of Bid Amendment Form. The downloading of bid packages from the MDOT website is not the same as providing an electronic bid to the Department. Electronic bids must be submitted via http://www.BIDX.com. For information on electronic bidding contact Patrick Corum at [EMAIL REDACTED] , Rebecca Snowden at [EMAIL REDACTED] or Diane Barnes at [EMAIL REDACTED]. ---PAGE BREAK--- NOTICE For security and other reasons, all Bid Packages which are mailed, shall be provided in double (one envelope inside the other) envelopes. The Inner Envelope shall have the following information provided on it: Bid Enclosed - Do Not Open PIN: Town: Date of Bid Opening: Name of Contractor with mailing address and telephone number: In Addition to the usual address information, the Outer Envelope should have written or typed on it: Double Envelope: Bid Enclosed PIN: Town: Date of Bid Opening: Name of Contractor: This should not be much of a change for those of you who use Federal Express or similar services. Hand-carried Bids may be in one envelope as before, and should be marked with the following infrormation: Bid Enclosed: Do Not Open PIN: Town: Name of Contractor: October 16, 2001 ---PAGE BREAK--- STATE OF MAINE DEPARTMENT OF TRANSPORTATION Bid Guaranty-Bid Bond Form KNOW ALL MEN BY THESE PRESENTS THAT , of the City/Town of and State of as Principal, and as Surety, a Corporation duly organized under the laws of the State of and having a usual place of Business in and hereby held and firmly bound unto the Treasurer of the State of Maine in the sum of ,for payment which Principal and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally. The condition of this obligation is that the Principal has submitted to the Maine Department of Transportation, hereafter Department, a certain bid, attached hereto and incorporated as a part herein, to enter into a written contract for the construction of and if the Department shall accept said bid and the Principal shall execute and deliver a contract in the form attached hereto (properly completed in accordance with said bid) and shall furnish bonds for this faithful performance of said contract, and for the payment of all persons performing labor or furnishing material in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be null and void; otherwise it shall remain in full force, and effect. Signed and sealed this day of 20 WITNESS: PRINCIPAL: By By: By: WITNESS SURETY: By By: Name of Local Agency: ---PAGE BREAK--- NOTICE Bidders: Please use the attached “Request for Information” form when faxing questions and comments concerning specific Contracts that have been Advertised for Bid. Include additional numbered pages as required. Questions are to be faxed to the number listed in the Notice to Contractors. This is the only allowable mechanism for answering Project specific questions. Maine DOT will not be bound to any answers to Project specific questions received during the Bidding phase through other processes. ---PAGE BREAK--- State of Maine Department of Transportation REQUEST FOR INFORMATION Date Time Information Requested: PIN: Town(s): Request by: Phone: Bid Date: Fax: Complete top portion of form and transmit to the number listed in the Notice to Contractors RFI No: RFI received: Response Date: ---PAGE BREAK--- NOTICE Disadvantaged Business Enterprise Proposed Utilization The Apparent Low Bidder shall submit the Disadvantaged Business Enterprise Proposed Utilization form with their bid. This is a curable bid defect. The Contractor’s Disadvantaged Business Enterprise Proposed Utilization Plan form contains additional information that is required by USDOT. The Contractor’s Disadvantaged Business Enterprise Proposed Utilization Plan form should be used. A copy of the new Contractor’s Disadvantaged Business Enterprise Proposed Utilization Plan and instructions for completing it are attached. Note: Questions about DBE firms, or to obtain a printed copy of the DBE Directory, contact The Office of Civil Rights at (207) 624-3066. MDOTs DBE Directory of Certified firms can also be obtained at www.maine.gov/mdot/disadvantaged-business-enterprises/dbe-home.php ---PAGE BREAK--- INSTRUCTIONS FOR PREPARING THE MaineDOT CONTRACTOR’S DBE/SUBCONTRACTOR UTILIZATION FORM The Contractor Shall Extend equal opportunity to MaineDOT certified DBE firms (as listed in MaineDOT’s DBE Directory of Certified Businesses) in the selection and utilization of Subcontractors and Suppliers. SPECIFIC INSTRUCTIONS FOR COMPLETING THE FORM: Insert Contractor name, the name of the person(s) preparing the form, and that person(s) telephone, fax number and e-mail address. Calculate and provide percentage of your bid that will be allocated to DBE firms, Federal Project Identification Number, and location of the Project work. In the columns, name each subcontractor, DBE and non-DBE firm to be used, provide the Unit/Item cost of the work/product to be provided by the subcontractor, give a brief description and the dollar value of the work. Revised 1/12 ---PAGE BREAK--- DBE GOAL NOTICE Maine Department of Transportation Disadvantaged Business Enterprise Program Notice is hereby given that in accordance with US DOT regulation 49 CFR Part 26,the Maine Department of Transportation has established a DBE Program for disadvantaged business participation in the federal-aid construction program; MaineDOT contracts covered by the program include consulting, construction, supplies, manufacturing, and service contracts. For FFY 2012 (October 1, 2011 through September 30, 2012), MaineDOT has established a DBE participation goal of 5.9% to be achieved through race/gender neutral means. This goal remains in effect through September 30, 2012 unless otherwise determined by Federal Highway Administration. MaineDOT submitted a new goal methodology and goal on August 1, 2011. That goal was sent to FHWA for approval. FHWA has not approved the most recent submittal. Per FHWA, a revised goal and methodology must be submitted by August 1, 2012. Interested parties may view MaineDOT’s DBE goal setting methodology posted on this website. If you have questions regarding this goal you may contact the Maine Department of Transportation, Civil Rights Office by telephone at (207) 624-3042 or by e-mail at: [EMAIL REDACTED] . ---PAGE BREAK--- Original Submission Page of Revision # MaineDOT CONTRACTOR’S DBE/SUBCONTRACTOR UTILIZATION FORM Telephone: Ext. Contact Fax: E-mail: BID DATE: FEDERAL PROJECT PIN # PROJECT LOCATION: TOTAL ANTICIPATED DBE % PARTICIPATION FOR THIS SUBMISSION W B E• D B E• Non DBE Firm Name Item Number & Description of Work Quantity Cost per Unit/Item Actual $ Value Subcontractor Total › DBE Total > NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED MAINE DOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. For a complete list of certified firms and company designation (WBE/DBE) go to http://www.maine.gov/mdot Rev. 1/12 Equal Opportunity Use: Form received: Verified by: cc: Contracts Other All Bidders must furnish this form with their bid on Bid Opening day ---PAGE BREAK--- Maine Department of Transportation Civil Rights Office Directory of Certified Disadvantaged Business Enterprises Listing can be found at: www.maine.gov/mdot/disadvantaged-business- enterprises/dbe-home.php For additional information and guidance contact: Civil Rights Office at (207) 624-3066 It is the responsibility of the Contractor to access the DBE Directory at this site in order to have the most current listings. ---PAGE BREAK--- September 14, 2007 Vendor Registration Prospective Bidders must register as a vendor with the Department of Administrative & Financial Services if the vendor is awarded a contract. Vendors will not be able to receive payment without first being registered. Vendors/Contractors will find information and register through the following link – ---PAGE BREAK--- NOTICE All bids for Federal Projects opened after December 1, 2008 MUST be accompanied by the DBE Proposed Utilization form. If you are submitting an electronic bid, the DBE Utilization Form may be faxed to [PHONE REDACTED]. 2 ---PAGE BREAK--- General Decision Number: ME120049 01/06/2012 ME49 Superseded General Decision Number: ME20100060 State: Maine Construction Type: Highway County: Androscoggin County in Maine. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 01/06/2012 SUME2011-044 09/14/2011 Rates Fringes CARPENTER, Includes Form Work....$ 16.99 1.95 CEMENT MASON/CONCRETE FINISHER...$ 16.94 0.00 21.41 3.40 INSTALLER - GUARDRAIL............$ 15.91 2.85 IRONWORKER, STRUCTURAL...........$ 18.75 4.56 LABORER: Asphalt 14.75 0.42 LABORER: Common or General......$ 12.58 1.27 LABORER: 9.06 0.00 LABORER: 15.43 2.09 LABORER: 18.76 4.93 OPERATOR: 17.92 2.44 OPERATOR: Bobcat/Skid Loader....$ 16.98 4.65 OPERATOR: 17.09 3.71 OPERATOR: 20.08 0.00 OPERATOR: 18.14 5.20 OPERATOR: Grader/Blade..........$ 27.40 8.46 OPERATOR: 17.46 5.80 OPERATOR: 21.39 6.24 Page 1 of 4 2/8/2012 http://www.wdol.gov/wdol/scafiles/davisbacon/ME49.dvb ---PAGE BREAK--- OPERATOR: Milling Machine Reclaimer 24.77 8.39 OPERATOR: 17.49 4.26 OPERATOR: Roller, Base (Ride 13.00 1.54 OPERATOR: 19.58 5.95 OPERATOR: 14.08 0.00 19.95 5.26 TRUCK DRIVER: Lowboy Truck......$ 15.15 5.62 TRUCK DRIVER: All axles incl Dump 13.95 2.01 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the Page 2 of 4 2/8/2012 http://www.wdol.gov/wdol/scafiles/davisbacon/ME49.dvb ---PAGE BREAK--- rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in and should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 If the answer to the question in is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Page 3 of 4 2/8/2012 http://www.wdol.gov/wdol/scafiles/davisbacon/ME49.dvb ---PAGE BREAK--- The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 4 of 4 2/8/2012 http://www.wdol.gov/wdol/scafiles/davisbacon/ME49.dvb ---PAGE BREAK--- Technical Specifications ---PAGE BREAK--- PIN 19112.00 Town: Lewiston Environmental Office Contact: Josh Nichols ([EMAIL REDACTED]) 592-3107 Coordination & Permits Manager: David Gardner Date Submitted: 3/21/12 Database/Projex  Section 106 and Tribal Consultation Architectural Resources PA-B  Applicable Approved  Archeological Resources PA-B  Applicable Approved    4(f) and 6(f)  Section 4(f) Are there Right of Way Takes or Easements on Public Park Property  Yes  No Are there Right of Way Takes or Easements on Public Recreational Property  Yes  No Are there Right of Way Takes or Easements on Public Wildlife Refuge Property  Yes  No Are there Right of Way Takes or Easements on Historic Eligible or Listed Property Yes  No Are there Right of Way Takes or Easements on Property within a Historic District Yes  No Has MHPC Determined an Adverse Effect Yes  No Is a Programmatic or Full 4(f) Document Required Yes  No LAWCON 6(f) N/A  Applicable Approved    Section 7 Review Review Complete and Project ready to go  Hazardous Waste Review Review Complete and Project ready to go NEPA Complete NOTE: Local Town/Municipality is responsible for obtaining and providing copies of Maine Department of Environmental Protection and Army Corps of Engineers Permits. If permits are not required, Town/Municipality must provide written documentation to the MaineDOT (Environmental Office) as to why permits were not obtained. General Notes and/or Comments:   ---PAGE BREAK--- PIN 19124.00 Town: Lisbon Environmental Office Contact: Josh Nichols ([EMAIL REDACTED]) 592-3107 Coordination & Permits Manager: David Gardner Date Submitted: 3/21/12 Database/Projex  Section 106 and Tribal Consultation Architectural Resources PA-B  Applicable Approved  Archeological Resources PA-B  Applicable Approved    4(f) and 6(f)  Section 4(f) Are there Right of Way Takes or Easements on Public Park Property  Yes  No Are there Right of Way Takes or Easements on Public Recreational Property  Yes  No Are there Right of Way Takes or Easements on Public Wildlife Refuge Property  Yes  No Are there Right of Way Takes or Easements on Historic Eligible or Listed Property Yes  No Are there Right of Way Takes or Easements on Property within a Historic District Yes  No Has MHPC Determined an Adverse Effect Yes  No Is a Programmatic or Full 4(f) Document Required Yes  No LAWCON 6(f) N/A  Applicable Approved    Section 7 Review Review Complete and Project ready to go  Hazardous Waste Review Review Complete and Project ready to go NEPA Complete NOTE: Local Town/Municipality is responsible for obtaining and providing copies of Maine Department of Environmental Protection and Army Corps of Engineers Permits. If permits are not required, Town/Municipality must provide written documentation to the MaineDOT (Environmental Office) as to why permits were not obtained. General Notes and/or Comments:   ---PAGE BREAK--- PIN 19112.00 - Route 196 Mill and Fill November 30, 2011 1 inch = 2,000 feet City of Lewiston, Maine © Map is provided by the City of Lewiston. Aerial Photography and mapping compilation were performed by James W. Sewall Co. by photogrammetric methods from aerial photographs dated May 5, 1997. Planimetrics and topography features meet National Map Accuracy Standards for 100 scale maps with 2’ contours. Horizontal datum: NAD83 State Plane Maine West FIPS 1802 (Feet), Vertical datum is NGVD 1929. Units: Feet. Parcel overlay, if displayed, is for reference only, and shall not be used for description, delineation, or transfer. The City of Lewiston shall not be held liable for damages due to discrepancies, and makes no warranty of accuracy of map or data. Field verification is required. ³ Project Area: Lisbon Street Between Westminster Street and the Lisbon Town Line Scope of Work: 1. Mill and Fill Lisbon Street between curb. A. Shim = 0.5" B. Overlay = 0.75" 2. Mill and Pave driveways and side streets as necessary. ---PAGE BREAK--- PIN 19124.00 - Route 196 Mill and Fill November 30, 2011 1 inch = 2,000 feet City of Lewiston, Maine © Map is provided by the City of Lewiston. Aerial Photography and mapping compilation were performed by James W. Sewall Co. by photogrammetric methods from aerial photographs dated May 5, 1997. Planimetrics and topography features meet National Map Accuracy Standards for 100 scale maps with 2’ contours. Horizontal datum: NAD83 State Plane Maine West FIPS 1802 (Feet), Vertical datum is NGVD 1929. Units: Feet. Parcel overlay, if displayed, is for reference only, and shall not be used for description, delineation, or transfer. The City of Lewiston shall not be held liable for damages due to discrepancies, and makes no warranty of accuracy of map or data. Field verification is required. ³ Project Area: Lisbon Street Between Lewiston Town Line and 0.1 Miles North of River Road Scope of Work: 1. Mill and Fill Lisbon Street between curb. A. Shim = 0.5" B. Overlay = 0.75" 2. Mill and Pave driveways and side streets as necessary. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Lewiston, Maine PIN 19112.00 & 19124.00 Route 196 1 GENERAL NOTES 1. Any necessary cleaning of existing pavement, including removing vegetation, prior to paving shall be incidental to the related items. 2. Contractor shall be required to meet with the Engineer in the field prior to the start of construction. 3. All utility facilities shall be adjusted by the respective utilities unless otherwise noted on plans. 4. Contractor shall mill around all existing manholes, catchbasins, and valve boxes taking special care not to damage the existing frames and covers. 5. The contractor and the city will review those structures that the City intends to adjust to address existing deficiencies prior to completing the milling so that the contractor can make appropriate adjustments to the milling. 6. Existing driveways and curb cuts shall be maintained. Coordinate work with the Engineer. 7. Engineer shall determine limits of work on driveway entrances and side streets. 8. The Contractor is responsible for transferring the existing pavement markings to the surface course. 9. Permanent pavement marking lines, both centerline and edge line shall be completed within five calendar days of associated paving. 10. Pavement markings shall be in accordance with the "Manual on Uniform Control Devises for Streets and Highways" U.S.D.O.T. F.H.W.A. latest edition. Pavement marking pay items are listed in the Items. Contractor shall coordinate pavement marking requirements with the Engineer. 11. Any damage to the surrounding areas caused by the Contractor's equipment, personnel, and operation shall be repaired to the satisfaction of the Engineer. All work, equipment and materials required to make repairs shall be at the Contractors expense. ---PAGE BREAK--- Lewiston, Maine PIN 19112.00 & 19124.00 Route 196 2 Sheet 1 of 2 GENERAL NOTES (Cont.) 12. All work shall be done in accordance with the Maine Department of Transportation Best Management Practices for Erosion and Sedimentation Control, January, 2000. 13. Contractor shall conform to all City of Lewiston Ordinances as they relate to noise, construction and limitations of operations. 14. No Work will be permitted on this project between July 13, 2012 and July 15, 2012 to accommodate the Moxie Festival. 15. Paving Operations shall begin at the Lisbon end of the project and proceed towards Lewiston. 16. PIN 19112.00 – Route 196 – Lewiston: One lane of traffic shall be maintained in each direction from 7am to 6pm, through the use of lane shifts. If alternating one-way traffic is necessary is shall be from 6pm to 7am for closure in excess of 1500 feet, (flagger to flagger). Alternating one-way traffic in closures shorter than 1500 feet may be done from 9am to 3pm. 17. PIN 19124.00 – Route 196 – Lisbon: One lane of traffic shall be maintained in each direction from 7am to 6pm, with the following exception. Alternating one-way traffic, in lane closures no greater than 1000 feet in length, (flagger to flagger) may be done anytime except the afternoon peak hours of 3pm to 6pm. 18. Traffic Cameras shall be Traficon Trafficam X-Stream. ---PAGE BREAK--- MaineDOT Documents ---PAGE BREAK--- Lewiston/Lisbon PINS 19112.00 & 19124.00 April 14, 2011 Supersedes August 3, 2004 Page 1 of 1 SPECIAL PROVISION 102.7.3 ACKNOWLEDGMENT OF BID AMENDMENTS With this form, the Bidder acknowledges its responsibility to check for all Amendments to the Bid Package. For each Project under Advertisement, Amendments are located at http://www.maine.gov/mdot/contractors/ . It is the responsibility of the Bidder to determine if there are Amendments to the Project, to download them, to incorporate them into their Bid Package, and to reference the Amendment number and the date on the form below. The Maine DOT will not post Bid Amendments any later than noon the day before Bid opening without individually notifying all the planholders. Amendment Number Date The Contractor, for itself, its successors and assigns, hereby acknowledges that it has received all of the above referenced Amendments to the Bid Package. CONTRACTOR Date Signature of authorized representative (Name and Title Printed) ---PAGE BREAK--- December 17, 2010 Supersedes December 30, 2009 1 of 1 SPECIAL PROVISION SECTION 104 GENERAL RIGHTS AND RESPONSIBILITIES (Electronic Payroll Submission) (Payment Tracking) 104.3.8.1 Electronic Payroll Submission The prime contractor and all subcontractors and lower-tier subcontractors will submit their certified payrolls electronically on this contract utilizing the Elation System web based reporting. There is no charge to the contracting community for the use of this service. The submission of paper payrolls will not be allowed or accepted. Additional information can be found at http://www.maine.gov/mdot/comprehensive-list-projects/project-information.php under the first “Notice”. 104.3.8.2 Payment Tracking The prime contractor and all subcontractors and lower-tier subcontractors will track and confirm the delivery and receipt of all payments through the Elation System ---PAGE BREAK--- Lewiston, Maine PIN 19112.00 & PIN 19124.00 Route 196 Page 1 of 4 SPECIAL PROVISIONS SECTION 104 Utilities MEETING A Preconstruction Utility Conference, as defined in Subsection 104.4.6 of the MeDOT Standard Specifications is required. GENERAL INFORMATION These Special Provisions outline the arrangements that have been made by the Department and the City for utility work to be undertaken in conjunction with this project. The following list identifies all known utilities having facilities presently located within or near the limits of this project or intending to install facilities during project construction, unless otherwise provided. Overview: Utility/Railroad Aerial Underground Railroad Central Maine Power Company X X Fairpoint Communications X X Lewiston Public Works Dept Water & Sewer Division X Lisbon Public Works Department X Lisbon Water Department X Oxford Networks X X Time Warner Cable X Unitil X Temporary utility adjustments are not anticipated. If temporary relocation becomes necessary, the contractor shall notify the affected utilities. Sufficient time will need to be allocated prior to the construction for all required temporary relocation. Utility working days are Monday through Friday, condition permitting. Times are estimated on the basis of a single crew for each utility. Any times and dates mentioned are estimates only and are dependent upon favorable weather, working conditions, and freedom from emergencies. The Contractors shall have no claim against the Department and City if they are exceeded. In all cases, the utilities shall be notified, by the Contractor, well in advance (three weeks) before work in any area is to commence. Special Note to Contractors and Utilities: The Contractor shall plan and schedule his work in such manner that the utilities that are located on this project will not be harmed, ---PAGE BREAK--- Lewiston, Maine PIN 19112.00 & PIN 19124.00 Route 196 Page 2 of 4 damaged or impacted in anyway. The Contractor and the Utilities will coordinate their work plans in an effort not to interfere with each others progress or the completion of the project. AERIAL Central Maine Power, Fairpoint Communiciations, Oxford Networks, and Time Warner Cable have aerial utilities within the project limits. The project does not require relocation of aerial utilities. UNDERGROUND Unitil, Lewiston Department of Public Works Water & Sewer Division, and Lewiston Public Works – Storm Sewer, Lisbon Public Works, and Lisbon Water Department have underground utilities within the project limits. The Lewiston Department of Public Works Water & Sewer Division will adjust their manholes, if needed, to proposed finished grade elevation after the milling is complete. The Contractor shall mill around all manholes then protect them with a paved ramp between milling operations and final paving. The payment for this work will be considered incidental to the milling items. The Lewiston Department of Public Works Water & Sewer Division will require 20 working days to replace or adjust their covers prior to milling. The Contractor shall notify the Lewiston Department of Public Works Water & Sewer Division at least 20 days prior to scheduling the milling operations. The contact for the Lewiston Department of Public Works Water & Sewer Division is Kevin Gagne at 513-3003. The Lewiston Department of Public Works Water & Sewer Division has water gates to lower before milling. The Lewiston Department of Public Works Water & Sewer will inspect, loosen, repair, and lower al of their water gates prior to any milling by the Contractor. Once lowered the Contractor shall locate and provide offsets so they can find them during paving. The Lewiston Department of Public Works Water & Sewer will require 10 working days to lower their gates prior to milling. The Contractor shall notify the Lewiston Department of Public Works Water & Sewer at least 20 days prior to scheduling milling operations. The contact for the Lewiston Department of Public Works Water & Sewer Division is Kevin Gagne at 513-3003. The Lisbon Department of Public Works will adjust their manholes, if needed, to proposed finished grade elevation after the milling is complete. The Contractor shall mill around all manholes then protect them with a paved ramp between milling operations and final paving. The payment for this work will be considered incidental to the milling items. The Lisbon Department of Public Works will require 20 working days to replace or adjust their covers prior to milling. The Contractor shall notify the Lisbon Department of Public Works Water at least 20 days prior to scheduling the milling operations. The contact for the Lisbon Department of Public Works Water is Ryan Leighton 353-3000 ext. 116. ---PAGE BREAK--- Lewiston, Maine PIN 19112.00 & PIN 19124.00 Route 196 Page 3 of 4 The Lisbon Water Department will inspect, loosen, repair, and raise all of their water gates prior to any paving by the Contractor. The Contractor shall notify the Lisbon Water Department at least 20 days prior to scheduling milling operations. The contact for the Lisbon Water Department is Paul Adams at 353-3020. Unitil has gates to lower before milling. Unitil will inspect, loosen, repair, and lower all of their gates prior to any milling by the Contractor. Once lowered the Contractor shall locate and provide offsets so they can find them during paving. The contractor shall raise all gates during paving operations with Unitil oversight. The payment for this work will be considered incidental to the paving items. Unitil will require 10 working days to lower their gates prior to milling. The Contractor shall notify Unitil at least 20 days prior to scheduling milling operations. The contact for Unitil is Rick Bellemare at 252-0488. SAFE PRACTICES AROUND UTILITY FACILITIES The contractor shall be responsible for complying with M.R.S.A. Title 35-A, Chapter 7-A- Sections 751-761 Overhead High-Voltage Line Safety Act. Prior to commencing any work that may come within ten (10) feet of any aerial electrical, the Contractor shall notify the aerial utilities as per Section 757 of the above act. DIG SAFE The Contractor shall be responsible for determining the presence of underground utility facilities prior to commencing any excavating work and shall notify utilities of proposed excavation in accordance with M.R.S.A. Title 23 3360-A, Maine “Dig Safe” System. The Contractor will be responsible to maintaining the buried utility location markings following the initial locating by the appropriate utility or their designated representative. BLASTING In addition to any other notice which may be required, the Contractor shall notify an authorized representative of each utility having plant close to the site no later than 24- HOURS before he intends to blast. Notice shall state the approximate time and location of the blast. UTILITY SIGNING Any utility working within the construction limits of this project shall ensure that the traveling public is adequately protected at all times. All work areas shall be signed, lighted and traffic flaggers employed as field conditions determine. All traffic controls shall be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as issued by the Federal Highway Administration. Utility Companies shall use National Cooperative Highway Research Program Report 350 Compliant Signs and Channelization devices as specified by the FHWA with in all MDOT work zones. ---PAGE BREAK--- Lewiston, Maine PIN 19112.00 & PIN 19124.00 Route 196 Page 4 of 4 TELEPHONE NUMBERS FOR NOTIFICATION Utility/Railroad Contact Name Telephone # Central Maine Power Company Gerry Norton (207) 779-9118 Fairpoint Communications Deborah Murphy (207) 797-8251 Lewiston Public Works Dept Water & Sewer Division Kevin Gagne (207) 513-3003 Lisbon Public Works Ryan Leighton (207) 353-3000 ext. 116 Lisbon Water Department Paul Adams (207) 353-3020 Oxford Networks Scot Crockett (207) 333-3493 Time Warner Cable Paul Ouellette (207) 783-9902 Unitil Rick Bellemare (207) 541-2504 (207) 252-0488 THE CONTRACTOR SHALL PLAN AND CONDUCT HIS WORK ACCORDINGLY ---PAGE BREAK--- SPECIAL PROVISION SECTION 105 GENERAL SCOPE OF WORK (Limitations of Operations) 1. Traffic will be allowed to travel on milled surfaces on the mainline. After 7 calendar days any milled areas not covered, in need of extra repair or maintenance (please see Special Provision 202), shall be repaired to the satisfaction of the Resident. All work, equipment and materials required to make repairs shall be at the Contractor’s expense. Failure to adequately maintain milled areas will also result in a violation of Special Provision 652. The Contractor shall plan and conduct their work accordingly. 2. If the contractor opts to mill both travel lanes consecutively, all milling and paving joints shall be matched even the following working day. 3. Upon completion or any suspension of milling the Contractor shall begin paving operations no later than the following workday. For each working day that the contractor does not pave or mill the contractor will be charged Supplemental Liquidated Damages at the rate stated in the Department’s Standard Specifications section 107.7.2. (Excluding days lost to inclement weather). The Contractor shall plan and conduct their work accordingly. 4. The contractor’s traffic control plan shall address construction practices and schedules that will be implemented to minimize traffic disruptions. The traffic control plan must specifically address vehicular traffic at business entrances and exits. 5. No more than one paving operation, excluding hand placed, can be in progress at any one time unless authorized by the Resident. 6. No milling shall commence prior to Contractor having approved mix designs. ---PAGE BREAK--- December 1, 2010 Supersedes April 1, 2010 1 of 1 SPECIAL PROVISION SECTION 105 GENERAL SCOPE OF WORK (Buy America Certification) 105.11 Federal Requirements Add the following as the third paragraph: “Prior to payment by the Department, the Contractor shall provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include a statement that the iron or steel product or component was produced entirely within the United States, or a statement that the iron or steel product or component was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value).” ---PAGE BREAK--- May 9, 2011 Page 1 of 4 SPECIAL PROVISION 105 GENERAL SCOPE OF WORK Equal Opportunity and Civil Rights (Disadvantaged Business Enterprises Program) 105.10.1.1 Disadvantaged Business Enterprises Program The Maine Department of Transportation (MaineDOT) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the United States Department of Transportation (USDOT), 49 CFR Part 26. The MaineDOT receives federal financial assistance from USDOT, and as a condition of receiving this assistance, the Department has signed an assurance that it will comply with 49 CFR Part 26.The MaineDOT is responsible for determining the eligibility of and certifying DBE firms in Maine. A DBE is defined as a for-profit business that is owned and controlled by one or more socially and economically disadvantaged person(s). For the purpose of this definition: 1. “Socially and economically disadvantaged person” means an individual who is a citizen or lawful permanent resident of the United States and who is Black, Hispanic, Native American, Asian, Female; or a member of another group or an individual found to be disadvantaged by the Small Business Administration pursuant to Section 3 of the Small Business Act. 2. “Owned and controlled” means a business which is: a. A sole proprietorship legitimately owned and controlled by an individual who is a disadvantaged person. b. A partnership or limited liability company in which at least 51% of the beneficial ownership interests legitimately are held by a disadvantaged person(s). c. A corporation or other entity in which at least 51% of the voting interest and 51% of the beneficial ownership interests legitimately are held by a disadvantaged person(s). The disadvantaged group owner(s) or stockholder(s) must possess control over management, interest in capital, and interest in earnings commensurate with the percentage of ownership. If the disadvantaged group ownership interests are real, substantial and continuing and not created solely to meet the requirements of this program, a firm is considered a bona fide DBE. 105.10.1.2 Commercially Useful Function MaineDOT will count expenditures of a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. A DBE 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. Credit will only be given when the DBE meets all conditions for a CUF. Credit for labor will be in accordance with the responsibilities outlined in the contract. To perform a commercially useful function, the DBE 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 DBE is performing a commercially useful function, MaineDOT 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 DBE credit claimed for its performance of the work, and other relevant factors. ---PAGE BREAK--- May 9, 2011 Page 2 of 4 Rented equipment used by the DBE must not be rented from the Prime Contractor on a job that the DBE is subcontracted with that Prime Contractor for regular course of business. A current listing of certified DBEs that may wish to participate in the highway construction program and the scope of work for which they are certified can be found at http://www.maine.gov/mdot/disadvantaged-business-enterprises/pdf/directory.pdf. Credit will be given for the value described by a DBE performing as: A. A prime contractor; 100% of actual value of work performed by own workforces. B. An approved subcontractor; 100% of work performed by own workforces. C. An owner-operator of construction equipment; 100% of expenditures committed. D. A manufacturer; 100% of expenditures committed. The manufacturer must be a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. Brokers and packagers shall not be regarded as manufacturers. E. A regular dealer; 60% of expenditures committed. A regular dealer is defined as a firm that owns, operates, or maintains a store, warehouse or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public. For purposes of this provision a “Broker” is a DBE that has entered into a legally binding relationship to provide goods or services delivered or performed by a third party. Brokers and packagers shall not be regarded as regular dealers. F. A bona fide service provider; 100% of reasonable fees or commissions. Eligible services include professional, technical, consultant, or managerial, services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of the contract. Eligible services also include agencies providing bonding and insurance specifically required for the performance of the contract. G. A trucking, hauling or delivery operation. 100% of expenditures committed when trucks are owned, operated, licensed and insured by the DBE and used on the contract and, if applicable, includes the cost of the self supplied materials and supplies.100% of expenditures committed when the DBE leases trucks from another DBE firm including an owner-operator. 100% of reasonable fees or commissions the DBE receives as a result of a lease arrangement for trucks from a non-DBE, including an owner-operator. H. Any combination of the above. 105.10.1.3 Race-neutral Goals The Maine DOT is required to set an annual goal (approved on a three year basis) for DBE participation in Federal-aid projects. In order to fulfill that goal, bidders are encouraged to utilize DBE businesses certified by the MaineDOT. MaineDOT seeks to meet the established DBE goal solely through race-neutral means. Race-neutral DBE participation occurs when a DBE is awarded a prime contract through customary competitive procurement procedures, is awarded a subcontract on a contract that does not carry a DBE contract goal, or wins a subcontract from a prime contractor that did not consider its DBE status in making the award. A DBE/subcontractor Utilization Proposed Form is required to be included in bid documents. MaineDOT will analyze each project and create a Project Availability Target (PAT), based on a number of factors including project scope, available DBE firms, firms certified in particular project work, etc. Each bid will request that the contractor attempt to meet the PAT. This PAT is developed to assist contractors to better understand what the MaineDOT expectations are for a ---PAGE BREAK--- May 9, 2011 Page 3 of 4 specific project. The PAT is NOT a mandate but an assessment of what this particular project can bear for DBE participation. The Department anticipates that each contractor will make the best effort to reach or exceed this PAT for the project. 105.10.1.4 Race-conscious Project Goals If it is determined by the Department that the annual DBE goal will not be met through race-neutral means, the Department may implement race- conscious contract goals on some projects. Race-conscious contract goals are goals that are enforceable by the Department and require that the prime contractor use good faith effort to achieve the goal set by the Department for that particular project. If race conscious means are implemented on a project, the Prime must comply with the requirements of 49 CFR. At the time of the bid opening, all Bidders shall submit with their bid a Disadvantaged Business Enterprise (DBE) Commitment Form provided by the Department. This form will list the DBE and non-DBE firms that are proposed to be used during the execution of the Work. The list shall show the name of the firm, the item/material/type of work involved and the dollar amount of work to be performed. The dollar total of each commitment shall be totaled and a percentage determined. If the project goal is not met, acceptable documentation showing all good faith efforts made to obtain participation may be required in order to award the project. Failure to provide the required listing with the dollar participation total or acceptable documentation of good faith efforts to obtain DBE participation within 3 days after the bid opening date will be considered a lack of responsiveness on the part of the low bidder. Rejection of the low bid under these circumstances will require the low bidder to surrender the Proposal Guaranty to the Department. The submission and approval of the above forms does not constitute a formal subcontract. If for any reason during the progress of the Work the Contractor finds that DBEs included on the list are unable to perform the proposed work, the Contractor, with written release by the committed DBE or approval of the Department, may substitute other DBE firms for those named on the list. If the Contractor is able to clearly document their inability to find qualified substitute firms to meet the project goal, the Contractor may request in writing approval to substitute the DBE with a non-DBE firm. If at any time during the life of the Contract it is determined that the Contractor is not fulfilling the goal or commitment(s) and is not making a good faith effort to fulfill the DBE requirement, the Department may withhold progress payments. If good faith effort is determined by the Department, failure to meet the DBE contract goal will not be a detriment to the bid award. Fulfillment of the goal percentage shall be determined by dividing the dollars committed to the DBEs by the actual contract dollars. These requirements are in addition to all other Equal Employment Opportunity requirements on Federal-aid contracts. 105.10.1.5 Certification of DBE attainment on Contracts The MaineDOT must certify that it has conducted post-award monitoring of all contracts to ensure that DBEs had done the work for which credit was claimed. The certification is for the purpose of ensuring accountability for monitoring which the regulation already requires. The MaineDOT will certify these contracts through review of CUF forms, Elations sub-contract payment tracking as well as occasional on- site reviews of projects and through the project’s final closeout documentation provided by our Contracts Section. ---PAGE BREAK--- May 9, 2011 Page 4 of 4 105.10.1.6 Bidders’ List Survey Pursuant to 49 CFR 26.11 the MaineDOT is required to “create and maintain” a bidders list and gather bidder information on our construction/consultant projects, Contractors will maintain information on all subcontract bids submitted by DBE and Non-DBE firms and provide that information to the Department. The Following information is required: Firm Name Firm Address Firm status (DBE or non-DBE) Age of firm (years) And the annual gross receipts amount as indicated by defined brackets, i.e. $500,000 to $800,000, rather than requesting exact figures. Not only is this information critical in determining the availability of DBE businesses relative to other businesses that do similar work, but the Federal Highway Administration requires that we obtain this information. ---PAGE BREAK--- January 3, 2001 1 of 1 SPECIAL PROVISION SECTION 105 LEGAL RELATIONS WITH AND RESPONSIBILITY TO PUBLIC (NPDES) 105.8.2 Permit Requirements This Section is revised by the addition of the following paragraph: ”The Contractor is advised that the Environmental Protection Agency has issued a final National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges from construction sites disturbing more than 2 ha [5 acres]. This permit requires:  Storm Water Pollution Prevention Plan  Submission of a Notification of Intent (NOI) at least 48 hours before construction commences  Submission of a Notification of Termination (NOT) when a site has been finally stabilized and all storm water discharges from construction activities are eliminated. If the project’s land disturbances is 2 ha [5 acres] or more, the Department will prepare the plan and submit the NOI (and NOT). The Contractor shall prepare plans and submit NOI’s (and NOT’s) for regulated construction activities beyond the project limits borrow pits). The Contractor shall be familiar with and comply with these regulations.” ---PAGE BREAK--- December 10, 2004 Supercedes February 7, 1996 Page 1 of 3 SPECIAL PROVISION 105 OVERLIMIT PERMITS Title 29-A § 2382 MRSA Overlimit Movement Permits. 1. Overlimit movement permits issued by State. The Secretary of State, acting under guidelines and advice of the Commissioner of Transportation, may grant permits to move nondivisible objects having a length, width, height or weight greater than specified in this Title over a way or bridge maintained by the Department of Transportation 2. Permit fee. The Secretary of State, with the advice of the Commissioner of Transportation, may set the fee for single trip permits, at not less than nor more than $30, based on weight, height, length and width. The Secretary of State may, by rule, implement fees that have been set by the Commissioner of Transportation for multiple trip, long-term overweight movement permits. Rules established pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. 3. County and municipal permits. A county commissioner or municipal officer may grant a permit, for a reasonable fee, for travel over a way or bridge maintained by that county or municipality 4. Permits for weight. A vehicle granted a permit for excess weight must first be registered for the maximum gross vehicle weight allowed for that vehicle. 5. Special mobile equipment. The Secretary of State may grant a permit, for no more than one year, to move pneumatic-tire equipment under its own power, including Class A and Class B special mobile equipment, over ways and bridges maintained by the Department of Transportation. The fee for that permit is $15 for each 30-day period. 6. Scope of permit. A permit is limited to the particular vehicle or object to be moved, the trailer or semitrailer hauling the overlimit object and particular ways and bridges. 7. Construction permits. A permit for a stated period of time may be issued for loads and equipment employed on public way construction projects, United States Government projects or construction of private ways, when within construction areas established by the Department of Transportation. The permit: A. Must be procured from the municipal officers for a construction area within that municipality; B. May require the contractor to be responsible for damage to ways used in the construction areas and may provide for: Withholding by the agency contracting the work of final payment under contract; or ---PAGE BREAK--- December 10, 2004 Supercedes February 7, 1996 Page 2 of 3 The furnishing of a bond by the contractor to guarantee suitable repair or payment of damages. The suitability of repairs or the amount of damage is to be determined by the Department of Transportation on state-maintained ways and bridges, otherwise by the municipal officers; C. May be granted by the Department of Transportation or by the state engineer in charge of the construction contract; and D. For construction areas, carries no fee and does not come within the scope of this section. 8. Gross vehicle weight permits. The following may grant permits to operate a vehicle having a gross vehicle weight exceeding the prescribed limit: A. The Secretary of State, with the consent of the Department of Transportation, for state and state aid highways and bridges within city or compact village limits; B. Municipal officers, for all other ways and bridges within that city and compact village limits; and C. The county commissioners, for county roads and bridges located in unorganized territory. 9. Pilot vehicles. The following restrictions apply to pilot vehicles. A. Pilot vehicles required by a permit must be equipped with warning lights and signs as required by the Secretary of State with the advice of the Department of Transportation. B. Warning lights may be operated and lettering on the signs may be visible on a pilot vehicle only while it is escorting a vehicle with a permit on a public way. With the advice of the Commissioner of Transportation and the Chief of the State Police, the Secretary of State shall establish rules for the operation of pilot vehicles. 9-A. Police escort. A person may not operate a single vehicle or a combination of vehicles of 125 feet or more in length or 16 feet or more in width on a public way unless the vehicle or combination of vehicles is accompanied by a police escort. The Secretary of State, with the advice of the Commissioner of Transportation, may require a police escort for vehicles of lesser dimensions. ---PAGE BREAK--- December 10, 2004 Supercedes February 7, 1996 Page 3 of 3 A. The Bureau of State Police shall establish a fee for state police escorts to defray the costs of providing a police escort. A county sheriff or municipal police department may establish a fee to defray the costs of providing police escorts. B. The Bureau of State Police shall provide a police escort if a request is made by a permittee. A county sheriff or municipal police department may refuse a permittee's request for a police escort. C. A vehicle or combination of vehicles for which a police escort is required must be accompanied by a state police escort when operating on the interstate highway system. 10. Taxes paid. A permit for a mobile home may not be granted unless the applicant provides reasonable assurance that all property taxes, sewage disposal charges and drain and sewer assessments applicable to the mobile home, including those for the current tax year, have been paid or that the mobile home is exempt from those taxes. A municipality may waive the requirement that those taxes be paid before the issuance of a permit if the mobile home is to be moved from one location in the municipality to another location in the same municipality for purposes not related to the sale of the mobile home. 11. Violation. A person who moves an object over the public way in violation of this section commits a traffic infraction. Section History: PL 1993, Ch. 683, §A2 (NEW). PL 1993, Ch. 683, §B5 (AFF). PL 1997, Ch. 144, §1,2 (AMD). PL 1999, Ch. 117, §2 (AMD). PL 1999, Ch. 125, §1 (AMD). PL 1999, Ch. 580, §13 (AMD). PL 2001, Ch. 671, §30 (AMD). PL 2003, Ch. 166, §13 (AMD). PL 2003, Ch. 452, §Q73,74 (AMD). PL 2003, Ch. 452, §X2 (AFF). ---PAGE BREAK--- Lewiston/Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 1 of 1 SPECIAL PROVISION SECTION 107 Prosecution and Progress (Contract Time) The specified contract completion date is July 31, 2012. ---PAGE BREAK--- Lewiston/Lisbon, Maine PIN 19112.00 & 19124.00 Route 196 1 of 1 SPECIAL PROVISION SECTION 107 TIME 107.4.2 Schedule of Work Required. This Section is amended by the following: In addition to the Contractors initial CPM Schedule, the Department will require the Contractor to update the schedule to show current progress. The submittal date for updates shall be determined by the Resident. ---PAGE BREAK--- April 5, 2007 Supersedes March 8, 2007 Page 1 of 1 SPECIAL PROVISION SECTION 107 TIME (Scheduling of Work – Projected Payment Schedule) Description The Contractor shall also provide the Department with a Quarterly Projected Payment Schedule that estimates the value of the Work as scheduled, including requests for payment of Delivered Materials. The Projected Payment Schedule must be in accordance with the Contractor's Schedule of Work and prices submitted by the Contractor’s Bid. The Contractor shall submit the Projected Payment Schedule as a condition of Award. ---PAGE BREAK--- May 17, 2010 Supersedes March 17, 2009 Page 1 of 2 SPECIAL PROVISION SECTION 108 PAYMENT (Asphalt Escalator) 108.4.1 Price Adjustment for Hot Mix Asphalt: For all contracts with hot mix asphalt in excess of 500 tons total, a price adjustment for performance graded binder will be made for the following pay items: Item 403.206 Hot Mix Asphalt - 25 mm Item 403.207 Hot Mix Asphalt - 19 mm Item 403.208 Hot Mix Asphalt - 12.5 mm Item 403.2081 Hot Mix Asphalt - 12.5 mm (PG 70-28) Item 403.2083 Warm Mix Asphalt - 12.5 mm Item 403.209 Hot Mix Asphalt - 9.5 mm (sidewalks, drives, & incidentals) Item 403.210 Hot Mix Asphalt - 9.5 mm Item 403.2102 Hot Mix Asphalt - 9.5 mm Item 403.2103 Warm Mix Asphalt - 9.5 mm Item 403.211 Hot Mix Asphalt - Shim Item 403.2113 Warm Mix Asphalt - Shim Item 403.212 Hot Mix Asphalt - 4.75 mm Item 403.213 Hot Mix Asphalt - 12.5 mm (base and intermediate course) Item 403.2131 Hot Mix Asphalt - 12.5 mm (base and intermediate course PG 70-28) Item 403.2132 Hot Mix Asphalt - 12.5 mm (Asphalt Rich Base and intermediate course) Item 403.2133 Warm Mix Asphalt - 12.5 mm (base and intermediate course) Item 461.13 Maintenance Surface Treatment Price adjustments will be based on the variance in costs for the performance graded binder component of hot mix asphalt. They will be determined as follows: The quantity of hot mix asphalt for each pay item will be multiplied by the performance graded binder percentages given in the table below times the difference in price between the base price and the period price of asphalt cement. Adjustments will be made upward or downward, as prices increase or decrease. Item 403.206: 4.8% Item 403.2102: 6.2% Item 403.207: 5.2% Item 403.211: 6.2% Item 403.208: 5.6% Item 403.2113: 6.2% Item 403.2081: 5.6% Item 403.212: 6.8% Item 403.2083: 5.6% Item 403.213: 5.6% Item 403.209: 6.2% Item 403.2131: 5.6% Item 403.210: 6.2% Item 403.2132: 5.6% Item 403.2103: 6.2% Item 403.2133: 5.6% Item 461.13: 6.4% Hot Mix Asphalt: The quantity of hot mix asphalt will be determined from the quantity shown on the progress estimate for each pay period. ---PAGE BREAK--- May 17, 2010 Supersedes March 17, 2009 Page 2 of 2 Base Price: The base price of performance graded binder to be used is the price per standard ton current with the bid opening date. This price is determined by using the average New England Selling Price, as listed in the Asphalt Weekly Monitor. Period Price: The period price of performance graded binder will be determined by the Department by using the average New England Selling Price, listed in the Asphalt Weekly Monitor current with the paving date. The maximum Period Price for paving after the adjusted Contract Completion Date will be the Period Price on the adjusted Contract Completion Date. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 1 of 23 SPECIAL PROVISION DIVISION 400 PAVEMENTS SECTION 401 - HOT MIX ASPHALT PAVEMENT 401.01 Description The Contractor shall furnish and place one or more courses of Hot Mix Asphalt Pavement (HMA) on an approved base in accordance with the contract documents and in reasonably close conformity with the lines, grades, thickness, and typical cross sections shown on the plans or established by the Resident. The Department will accept this work under Quality Assurance provisions, in accordance with these specifications and the requirements of Section 106 – Quality, the provisions of AASHTO M 323 except where otherwise noted in sections 401 and 703 of these specifications, and the Maine DOT Policies and Procedures for HMA Sampling and Testing. 401.02 Materials Materials shall meet the requirements specified in Section 700 - Materials: Asphalt Cement 702.01 Aggregates for HMA Pavement 703.07 HMA Mixture Composition 703.09 401.021 Recycled Asphalt Materials Recycled Asphalt Pavement (RAP) may be introduced into the mixture at percentages approved by the Department. If approved by the Department, the Contractor shall provide documentation stating the source, test results for average residual asphalt content, and stockpile gradations showing RAP materials have been sized to meet the maximum aggregate size requirements of each mix designation. The Department will obtain samples for verification and approval prior to its use. For specification purposes, RAP will be categorized as follows: Classified RAP – RAP consisting of processed millings from federal, state or municipal roadways that is free of materials not generally considered to be asphalt pavement. Millings from other sources that have been fractionated or otherwise processed so as to improve the consistency of the RAP may be considered Classified RAP if approved by the Department. Unclassified RAP – RAP from unknown sources, from excavated or reclaimed pavements, millings from repaired areas or other sources. In the event that RAP source or properties change, the Contractor shall notify the Department of the change and submit new documentation stating the new source or properties a minimum of 72 hours prior to the change to allow for obtaining new samples and approval. 401.03 Composition of Mixtures The Contractor shall compose the Hot Mix Asphalt Pavement with aggregate, Performance Graded Asphalt Binder (PGAB), and mineral filler if required. HMA shall be designed and tested according to AASHTO R35 and the volumetric criteria in Table 1. The Contractor shall size, uniformly grade, and combine the aggregate fractions in proportions that provide a mixture meeting the grading requirements of the Job Mix Formula (JMF). The Contractor may use a maximum of 20 percent Classified RAP in any base, binder, surface, or shim course. For Unclassified RAP stockpiles no more than 15 percent shall be used. The Contractor may be allowed to use more than 20 percent Classified RAP, up to a maximum of 25 percent Classified RAP, in a base, binder, or shim course provided that PG 58-34 asphalt binder is used in the mixture. A PG 52-34 may be used when approved by the Department. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 2 of 23 The Contractor shall submit for Department approval a JMF to the Central Laboratory in Bangor for each mixture to be supplied. The Department may approve 1 active design per nominal maximum size, per traffic level, per plant, plus a 9.5mm “fine” mix for shimming and where required, a non-RAP design for bridge decks. The Department shall then have 15 calendar days in which to process a new design before approval. The JMF shall establish a single percentage of aggregate passing each sieve size within the limits shown in section 703.09. The mixture shall be designed and produced, including all production tolerances, to comply with the allowable control points for the particular type of mixture as outlined in 703.09. The JMF shall state the original source, gradation, and percentage to be used of each portion of the aggregate including RAP when utilized, and mineral filler if required. It shall also state the proposed PGAB content, the name and location of the refiner, the supplier, the source of PGAB submitted for approval, the type of PGAB modification if applicable, and the location of the terminal if applicable. In addition, the Contractor shall provide the following information with the proposed JMF: Properly completed JMF indicating all mix properties (Gmm, VMA, VFB, etc.) Stockpile Gradation Summary Design Aggregate Structure Consensus Property Summary Design Aggregate Structure Trial Blend Gradation Plots (0.45 power chart) Trial Blend Test Results for at least three different asphalt contents Design Aggregate Structure for at least three trial blends Test results for the selected aggregate blend at a minimum of three binder contents Specific Gravity and temperature/viscosity charts for the PGAB to be used Recommended mixing and compaction temperatures from the PGAB supplier Material Safety Data Sheets (MSDS) For PGAB Asphalt Content vs. Air Voids trial blend curve Test report for Contractor’s Verification sample Summary of RAP test results (if used), including count, average and standard deviation of binder content and gradation At the time of JMF submittal, the Contractor shall identify and make available the stockpiles of all proposed aggregates at the plant site. There must be a minimum of 150 Mg [150 ton] for stone stockpiles, 75 Mg [75 ton] for sand stockpiles, and 50 Mg [50 ton] of blend sand before the Department will sample. The Department shall obtain samples for laboratory testing. The Contractor shall also make available to the Department the PGAB proposed for use in the mix in sufficient quantity to test the properties of the asphalt and to produce samples for testing of the mixture. Before the start of paving, the Contractor and the Department shall split a production sample for evaluation. The Contractor shall test its split of the sample and determine if the results meet the requirements of the Department’s written policy for mix design verification (See Maine DOT Policies and Procedures for HMA Sampling and Testing available at the Central Laboratory in Bangor). If the results are found to be acceptable, the Contractor will forward their results to the Department’s Lab, which will test the Department’s split of the sample. The results of the two split samples will be compared and shared between the Department and the Contractor. If the Department finds the mixture acceptable, an approved JMF will be forwarded to the Contractor and paving may commence. The first day’s production shall be monitored, and the approval may be withdrawn if the mixture exhibits undesirable characteristics such as checking, shoving or displacement. The Contractor shall be allowed to submit aim changes within 24 hours of receipt of the first Acceptance test result. Adjustments will be allowed of up to 2% on the percent passing the 2.36 mm sieve through the 0.075 mm and 3% on the percent passing the 4.75 mm or larger sieves. Adjustments will be allowed on the %PGAB of up to 0.2%. Adjustments will be allowed on GMM of up to 0.010. The Contractor shall submit a new JMF for approval each time a change in material source or materials properties is proposed. The same approval process shall be followed. The cold feed percentage of any aggregate may be adjusted up to 10 percentage points from the amount listed on the JMF, however no aggregate listed on the JMF shall be eliminated. The cold feed percentage for RAP may be adjusted up to 5 ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 3 of 23 percentage points from the amount listed on the JMF but shall not exceed the maximum allowable percentage for RAP for the specific application. TABLE 1: VOLUMETRIC DESIGN CRITERIA Voids in the Mineral Aggregate (VMA)(Minimum Percent) Required Density (Percent of Gmm) Nominal Maximum Aggregate Size (mm) Design ESAL’s (Millions ) Ninitial Ndesign Nmax 25 19 12.5 9.5 4.75 Voids Filled with Binder (VFB) (Minimum Fines/Eff. Binder Ratio <0.3 <91.5 70-80 0.3 to <3 <90.5 65-80 3 to <10 10 to <30 > 30 <89.0 96.0 <98.0 13.0 14.0 15.0 16.0 16.0 65-80* 0.6-1.2** *For 9.5 mm nominal maximum aggregate size mixtures, the maximum VFB is 82. *For 4.75 mm nominal maximum aggregate size mixtures, the maximum VFB is 84. **For 4.75 mm nominal maximum aggregate size mixtures, the Fines/Effective Binder Ratio is 0.6-1.4. 401.04 Temperature Requirements After the JMF is established, the temperatures of the mixture shall conform to the following tolerances: In the truck at the mixing plant – allowable range 135° to 163°C [275 to 325°F] At the Paver – allowable range 135° to 163°C [275 to 325°F] The JMF and the mix subsequently produced shall meet the requirements of Tables 1 and Section 703.07. 401.05 Performance Graded Asphalt Binder Unless otherwise noted in Special Provision 403 - Hot Mix Asphalt Pavement, the PGAB shall be 64-28, except that for mixtures containing greater than 20 percent but no more than 25 percent RAP the PGAB shall be PG 58-34 (or PG 52-34 when approved by the Department). The PGAB shall meet the applicable requirements of AASHTO M320 - Standard Specification for PGAB. The Contractor shall provide the Department with an approved copy of the Quality Control Plan for PGAB in accordance with AASHTO R 26 Certifying Suppliers of PGAB. The Contractor shall request approval from the Department for a change in PGAB supplier or source by submitting documentation stating the new supplier or source a minimum of 24 hours prior to the change. In the event that the PGAB supplier or source is changed, the Contractor shall make efforts to minimize the occurrence of PGAB co-mingling. 401.06 Weather and Seasonal Limitations The State is divided into two paving zones as follows: a. Zone 1 Areas north of US Route 2 from Gilead to Bangor and north of Route 9 from Bangor to Calais. b. Zone 2 Areas south of Zone 1 including the US Route 2 and Route 9 boundaries. The Contractor may place Hot Mix Asphalt Pavement for use other than a traveled way wearing course in either Zone between the dates of April 15th and November 15th, provided that the air temperature as determined by an approved thermometer (placed in the shade at the paving location) is 4°C [40°F] or higher and the area to be paved is not frozen. The Contractor may place Hot Mix Asphalt Pavement as traveled way wearing course in Zone 1 between the dates of May 1st and the Saturday following October 1st and in Zone 2 between the dates of April 15th and the Saturday following October 15th, provided the air temperature determined as above is 10°C [50°F] or higher. For the purposes of this Section, the traveled way includes truck lanes, ramps, approach roads and auxiliary lanes. The atmospheric temperature for all courses on bridge decks shall be 10°C [50°F] or higher. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 4 of 23 Hot Mix Asphalt Pavement used for curb, driveways, sidewalks, islands, or other incidentals is not subject to seasonal limitations, except that conditions shall be satisfactory for proper handling and finishing of the mixture. All mixtures used for curb, driveways, sidewalks, islands, or other incidentals shall conform to section 401.04 - Temperature Requirements. Unless otherwise specified, the Contractor shall not place Hot Mix Asphalt Pavement on a wet or frozen surface and the air temperature shall be 4°C [40°F] or higher. On all sections of overlay with wearing courses less than 25 mm [1 in] thick, the wearing course for the travelway and adjacent shoulders shall be placed between the dates of May 15th and the Saturday following September 15th. On all sections of overlay with wearing courses less than 1 inch thick, the wearing course for the travelway and adjacent shoulders shall be placed between the dates of June 1st and the Saturday following September 1st if the work is to be performed, either by contract requirement, or Contractor option, during conditions defined as “night work”. 401.07 Hot Mix Asphalt Plant 401.071 General Requirements HMA plants shall conform to AASHTO M156. a. Truck Scales When the hot mix asphalt is to be weighed on scales meeting the requirements of Section 108 - Payment, the scales shall be inspected and sealed by the State Sealer as often as the Department deems necessary to verify their accuracy. Plant scales shall be checked prior to the start of the paving season, and each time a plant is moved to a new location. Subsequent checks will be made as determined by the Resident. The Contractor will have at least ten 20 Kg [50 pound] masses for scale testing. 401.072 Automation of Batching Batch plants shall be automated for weighing, recycling, and monitoring the system. In the case of a malfunction of the printing system, the requirements of Section 401.074 c. of this specification will apply. The batch plant shall accurately proportion the various materials in the proper order by weight. The entire batching and mixing cycle shall be continuous and shall not require any manual operations. The batch plant shall use auxiliary interlock circuits to trigger an audible alarm whenever an error exceeding the acceptable tolerance occurs. Along with the alarm, the printer shall print an asterisk on the delivery slip in the same row containing the out-of-tolerance weight. The automatic proportioning system shall be capable of consistently delivering material within the full range of batch sizes. When RAP is being used, the plant must be capable of automatically compensating for the moisture content of the RAP. All plants shall be equipped with an approved digital recording device. The delivery slip load ticket shall contain information required under Section 108.1.3 - Provisions Relating to Certain Measurements, Mass and paragraphs a, b, and c of Section 401.073 401.073 Automatic Ticket Printer System on Automatic HMA Plant An approved automatic ticket printer system shall be used with all approved automatic HMA plants. The requirements for delivery slips for payment of materials measured by weight, as given in the following Sections, shall be waived: 108.1.3 108.1.3 108.1.3 and 108.1.3 d. The automatic printed ticket will be considered as the Weight Certificate. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 5 of 23 The requirements of Section 108.1.3 f. - Delivery Slips, shall be met by the weigh slip or ticket, printed by the automatic system, which accompanies each truckload, except for the following changes: a. The quantity information required shall be individual weights of each batch or total net weight of each truckload. b. Signatures (legible initials acceptable) of Weighmaster (required only in the event of a malfunction as described in 401.074 c. The MDOT designation for the JMF. 401.074 Weight Checks on Automatic HMA Plant At least twice during each 5 days of production either of the following checks will be performed: a. A loaded truck may be intercepted and weighed on a platform scale that has been sealed by the State Sealer of Weights and Measures within the past 12 months. Whenever the discrepancy in net weights is greater than 1.0%, but does not exceed 1.5%, the plant inspector will notify the producer to take corrective action; payment will still be governed by the printed ticket. The producer will be allowed a period of two days to make any needed repairs to the plant and/or platform scales so that the discrepancy in net weights between the two is less than 1.0%. If the discrepancy exceeds 1.5%, the plant will be allowed to operate as long as payment is determined by truck platform scale net weight. Effective corrective action shall be taken within two working days. b. Where platform scales are not readily available, a check will be made to verify the accuracy and sensitivity of each scale within the normal weighing range and to assure that the interlocking devices and automatic printer system are functioning properly. c. In the event of a malfunction of the automatic printer system, production may be continued without the use of platform truck scales for a period not to exceed the next two working days, providing total weights of each batch are recorded on weight tickets and certified by a Licensed Public Weighmaster. 401.08 Hauling Equipment Trucks for hauling Hot Mix Asphalt Pavement shall have tight, clean, and smooth metal dump bodies, which have been thinly coated with a small amount of approved release agent to prevent the mixture from adhering to the bodies. Solvent based agents developed to strip asphalts from aggregates will not be allowed as release agents. All truck dump bodies shall have a cover of canvas or other water repellent material capable of heat retention, which completely covers the mixture. The cover shall be securely fastened on the truck, unless unloading. All truck bodies shall have an opening on both sides, which will accommodate a thermometer stem. The opening shall be located near the midpoint of the body, at least 300 mm [12 in] above the bed. 401.09 Pavers Pavers shall be self-contained, self-propelled units with an activated screed (heated if necessary) capable of placing courses of Hot Mix Asphalt Pavement in full lane widths specified in the contract on the main line, shoulder, or similar construction. On projects with no price adjustment for smoothness, pavers shall be of sufficient class and size to place Hot Mix Asphalt Pavement over the full width of the mainline travel way with a 3 m [10 ft] minimum main screed with activated extensions. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 6 of 23 The Contractor shall place Hot Mix Asphalt Pavement on the main line with a paver using an automatic grade and slope controlled screed, unless otherwise authorized by the Department. The controls shall automatically adjust the screed and increase or decrease the layer thickness to compensate for irregularities in the preceding course. The controls shall maintain the proper transverse slope and be readily adjustable so that transitions and superelevated curves can be properly paved. The controls shall operate from a fixed or moving reference such as a grade wire or ski type device (floating beam) with a minimum length of 10 m [30 ft], a non-contact grade control with a minimum span of 7.3 m [24 ft], except that a 12 m [40 ft] reference shall be used on Expressway projects. The Contractor shall operate the paver in such a manner as to produce a visually uniform surface texture and a thickness within the requirements of Section 401.101 - Surface Tolerances. The paver shall have a receiving hopper with sufficient capacity for a uniform spreading operation and a distribution system to place the mixture uniformly, without segregation in front of the screed. The screed assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging the mixture. Pavers with extendible screeds shall have auger extensions and tunnel extenders as per the manufacturer’s recommendations, a copy of which shall be available if requested. The Contractor shall have the paver at the project site sufficiently before the start of paving operations to be inspected and approved by the Department. The Contractor shall repair or replace any paver found worn or defective, either before or during placement, to the satisfaction of the Department. Pavers that produce an unevenly textured or non-uniform mat will be repaired or replaced before continuing to place HMA on MaineDOT projects. On a daily basis, the Contractor shall perform nuclear density testing across the mat being placed, prior to being compacted by equipment., at 300 mm [12 in] intervals, If the density values vary by more than 2.0% from the mean, the Contractor shall make adjustments to the screed until the inconsistencies are remedied. Failure to replace or repair defective placement equipment may result in a letter of suspension of work and notification of a quality control violation resulting in possible monetary penalties as governed by Section 106 - Quality 401.10 Rollers Rollers shall be static steel, pneumatic tire, or approved vibrator type. Rollers shall be in good mechanical condition, capable of starting and stopping smoothly, and be free from backlash when reversing direction. Rollers shall be equipped and operated in such a way as to prevent the picking up of hot mixed material by the roller surface. The use of rollers, which result in crushing of the aggregate or in displacement of the HMA will not be permitted. Any Hot Mix Asphalt Pavement that becomes loose, broken, contaminated, shows an excess or deficiency of Performance Graded Asphalt Binder, or is in any other way defective shall be removed and replaced at no additional cost with fresh Hot Mix Asphalt Pavement, which shall be immediately compacted to conform to the adjacent area. The Contractor shall repair or replace any roller found to be worn or defective, either before or during placement, to the satisfaction of the Department. Rollers that produce grooved, unevenly textured or non- uniform mat will be repaired or replaced before continuing to place HMA on MaineDOT projects. The type of rollers to be used and their relative position in the compaction sequence shall generally be the Contractor’s option, provided specification densities are attained and with the following requirements: a. On variable-depth courses, the first lift of pavement over gravel, reclaimed pavement, an irregular surface, or on bridges, at least one roller shall be 14.5 Mg [16 ton] pneumatic-tired. Unless otherwise allowed by the Resident, pneumatic-tired rollers shall be equipped with skirting to minimize the pickup of ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 7 of 23 HMA materials from the paved surface. When required by the Resident, the roller shall be ballasted to 18.1 Mg [20 ton]. b. Compaction with a vibratory or steel wheel roller shall precede pneumatic-tired rolling, unless otherwise authorized by the Department. c. Vibratory rollers shall not be operated in the vibratory mode when checking or cracking of the mat occurs, or on bridge decks. d. Any method, which results in cracking or checking of the mat, will be discontinued and corrective action taken. The maximum operating speed for a steel wheel or pneumatic roller shall not exceed the manufacturer’s recommendations, a copy of which shall be available if requested. 401.101 Surface Tolerances The Department will check surface tolerance utilizing the following methods : A 5 m [16 ft] straightedge or string line placed directly on the surface, parallel to the centerline of pavement. A 3 m [10 ft] straightedge or string line placed directly on the surface, transverse to the centerline of pavement. The Contractor shall correct variations exceeding 6 mm [¼ in] by removing defective work and replacing it with new material as directed by the Department. The Contractor shall furnish a 10 foot straightedge for the Departments use. 401.11 Preparation of Existing Surface The Contractor shall thoroughly clean the surface upon which Hot Mix Asphalt Pavement is to be placed of all objectionable material. When the surface of the existing base or pavement is irregular, the Contractor shall bring it to uniform grade and cross section. All surfaces shall have a tack coat applied prior to placing any new HMA course. Tack coat shall conform to the requirements of Section 409 – Bituminous Tack Coat, Section 702 – Bituminous Material, and all applicable sections of the contract. 401.12 Hot Mix Asphalt Documentation The Contractor and the Department shall agree on the amount of Hot Mix Asphalt Pavement that has been placed each day. 401.13 Preparation of Aggregates The Contractor shall dry and heat the aggregates for the HMA to the required temperature. The Contractor shall properly adjust flames to avoid physical damage to the aggregate and to avoid depositing soot on the aggregate. 401.14 Mixing The Contractor shall combine the dried aggregate in the mixer in the amount of each fraction of aggregate required to meet the JMF. The Contractor shall measure the amount of PGAB and introduce it into the mixer in the amount specified by the JMF. The Contractor shall produce the HMA at the temperature established by the JMF. The Contractor shall dry the aggregate sufficiently so that the HMA will not flush, foam excessively, or displace excessively under the action of the rollers. The Contractor shall introduce the aggregate into the mixer at a temperature of not more than 14°C [25°F] above the temperature at which the viscosity of the PGAB being used is 0.150 Pas. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 8 of 23 The Contractor shall store and introduce into the mixer the Performance Graded Asphalt Binder at a uniformly maintained temperature at which the viscosity of the PGAB is between 0.150 Pas and 0.300 Pas. The aggregate shall be coated completely and uniformly with a thorough distribution of the PGAB. The Contractor shall determine the wet mixing time for each plant and for each type of aggregate used. 401.15 Spreading and Finishing On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impracticable, the Contractor shall spread, rake, and lute the HMA with hand tools to provide the required compacted thickness. Solvent based agents developed to strip asphalts from aggregates will not be allowed as release agents. On roadways with adjoining lanes carrying traffic, the Contractor shall place each course over the full width of the traveled way section being paved that day, unless otherwise noted by the Department in Section 403 - Hot Bituminous Pavement. 401.16 Compaction Immediately after the Hot Mix Asphalt Pavement has been spread, struck off, and any surface irregularities adjusted, the Contractor shall thoroughly and uniformly compact the HMA by rolling. The Contractor shall roll the surface when the mixture is in the proper condition and when the rolling does not cause undue displacement, cracking, or shoving. The Contractor shall prevent adhesion of the HMA to the rollers or vibrating compactors without the use of fuel oil or other petroleum based release agents. Solvents designed to strip asphalt binders from aggregates will not be permitted as release agents on equipment, tools, or pavement surfaces. The Contractor shall immediately correct any displacement occurring as a result of the reversing of the direction of a roller or from other causes to the satisfaction of the Department. Any operation other than placement of variable depth shim course that results in breakdown of the aggregate shall be discontinued. Any new pavement that shows obvious cracking, checking, or displacement shall be removed and replaced for the full lane width as directed by the Resident at no cost to the Department. Along forms, curbs, headers, walls, and other places not accessible to the rollers, the Contractor shall thoroughly compact the HMA with mechanical vibrating compactors. The Contractor shall only use hand tamping in areas inaccessible to all other compaction equipment. On depressed areas, the Contractor may use a trench roller or cleated compression strips under a roller to transmit compression to the depressed area. Any HMA that becomes unacceptable due to cooling, cracking, checking, segregation or deformation as a result of an interruption in mix delivery shall be removed and replaced, with material that meets contract specifications at no cost to the Department. 401.17 Joints The Contractor shall construct wearing course transverse joints in such a manner that minimum tolerances shown in Section 401.101 - Surface Tolerances are met when measured with a straightedge. The paver shall maintain a uniform head of HMA during transverse and longitudinal joint construction. The HMA shall be free of segregation and meet temperature requirements outlined in section 401.04. Transverse joints of the wearing course shall be straight and neatly trimmed. The Contractor may form a vertical face exposing the full depth of the course by inserting a header, by breaking the bond with the underlying course, or by cutting back with hand tools. The Department may allow feathered or "lap" joints on lower base courses or when matching existing base type pavements. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 9 of 23 Longitudinal joints shall be generally straight to the line of travel, and constructed in a manner that best ensure joint integrity. Methods or activities that prove detrimental to the construction of straight, sound longitudinal joints will be discontinued. The Contractor shall apply a coating of emulsified asphalt immediately before paving all joints to the vertical face and 75 mm [3 in] of the adjacent portion of any pavement being overlaid except those formed by pavers operating in echelon. The Contractor shall use an approved spray apparatus designed for covering a narrow surface. The Department may approve application by a brush for small surfaces, or in the event of a malfunction of the spray apparatus, but for a period of not more than one working day. Where pavement under this contract joins an existing pavement, or when the Department directs, the Contractor shall cut the existing pavement along a smooth line, producing a neat, even, vertical joint. The Department will not permit broken or raveled edges. The cost of all work necessary for the preparation of joints is incidental to related contract pay items. 401.18 Quality Control Method A, B & C The Contractor shall operate in accordance with the approved Quality Control Plan (QCP) to assure a product meeting the contract requirements. The QCP shall meet the requirements of Section 106.6 - Acceptance and this Section. The Contractor shall not begin paving operations until the Department approves the QCP in writing. Prior to placing any mix, the Department and the Contractor shall hold a Pre-paving conference to discuss the paving schedule, source of mix, type and amount of equipment to be used, sequence of paving pattern, rate of mix supply, random sampling, project lots and sublots and traffic control. A copy of the QC random numbers to be used on the project shall be provided to The Resident. The Departments’ random numbers for Acceptance testing shall be generated and on file with the Resident and the Project Manager. All field and plant supervisors including the responsible onsite paving supervisor shall attend this meeting. The QCP shall address any items that affect the quality of the Hot Mix Asphalt Pavement including, but not limited to, the following: a. JMF(s) b. Hot mix asphalt plant details c. Stockpile Management (to include provisions for a minimum 2 day stockpile) d. Make and type of paver(s) e. Make and type of rollers including weight, weight per inch of steel wheels, and average contact pressure for pneumatic tired rollers f. Name of QCP Administrator, and certification number g. Name of Process Control Technician(s) and certification number(s) h. Name of Quality Control Technicians(s) and certification number(s) i. Mixing & transportation including process for ensuring that truck bodies are clean and free of debris or contamination that could adversely affect the finished pavement j. Testing Plan k. Laydown operations including longitudinal joint construction, procedures for avoiding paving in inclement weather, type of release agent to be used on trucks tools and rollers, compaction of shoulders, tacking of all joints, methods to ensure that segregation is minimized, procedures to determine the maximum rolling and paving speeds based on best engineering practices as well as past experience in achieving the best possible smoothness of the pavement. Solvent based agents developed to strip asphalts from aggregates will not be allowed as release agents. l. Examples of Quality Control forms including a daily plant report and a daily paving report ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 10 of 23 m. Silo management and details (can show storage for use on project of up to 36 hours) n. Provisions for varying mix temperature due to extraordinary conditions. o. Name and responsibilities of the Responsible onsite Paving Supervisor. p. Method for calibration/verification of Density Gauge q. A note that all testing will be done in accordance with AASHTO and the Maine DOT Policies and Procedures for HMA Sampling and Testing. r. A detailed description of RAP processing, stockpiling and introduction into the plant as well as a note detailing conditions under which the percent of RAP will vary from that specified on the JMF. s. A detailed procedure outlining when production will be halted due to QC or Acceptance testing results. t. A plan to address the change in PGAB source or supplier and the potential co-mingling of differing PGAB’s. u. A procedure to take immediate possession of acceptance samples once released by MaineDOT and deliver said samples to the designated acceptance laboratory. The QCP shall include the following technicians together with following minimum requirements: a. QCP Administrator - A qualified individual shall administer the QCP. The QCP Administrator must be a full-time employee of or a consultant engaged by the Contractor or paving subcontractor. The QCP Administrator shall have full authority to institute any and all actions necessary for the successful operation of the QCP. The QCP Administrator (or its designee in the QCP Administrator’s absence) shall be available to communicate with the Department at all times. The QCP Administrator shall be certified as a Quality Assurance Technologist certified by the New England Transportation Technician Certification Program (NETTCP). b. Process Control Technician(s) (PCT) shall utilize test results and other quality control practices to assure the quality of aggregates and other mix components and control proportioning to meet the JMF(s). The PCT shall inspect all equipment used in mixing to assure it is operating properly and that mixing conforms to the mix design(s) and other Contract requirements. The QCP shall detail how these duties and responsibilities are to be accomplished and documented, and whether more than one PCT is required. The Plan shall include the criteria to be utilized by the PCT to correct or reject unsatisfactory materials. The PCT shall be certified as a Plant Technician by the NETTCP. c. Quality Control Technician(s) (QCT) shall perform and utilize quality control tests at the job site to assure that delivered materials meet the requirements of the JMF(s). The QCT shall inspect all equipment utilized in transporting, laydown, and compacting to assure it is operating properly and that all laydown and compaction conform to the Contract requirements. The QCP shall detail how these duties and responsibilities are to be accomplished and documented, and whether more than one QCT is required. The QCP shall include the criteria utilized by the QCT to correct or reject unsatisfactory materials. The QCT shall be certified as a Paving Inspector by the NETTCP. The QCP shall detail the coordination of the activities of the Plan Administrator, the PCT and the QCT. The Project Superintendent shall be named in the QCP, and the responsibilities for successful implementation of the QCP shall be outlined. The Contractor shall sample, test, and evaluate Hot Mix Asphalt Pavement in accordance with the following minimum frequencies: ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 11 of 23 TABLE 2 : MINIMUM QUALITY CONTROL FREQUENCIES Test or Action Frequency Test Method Temperature of mix 6 per day at street and plant - Temperature of mat 4 per day - %TMD (Surface) 1 per 125 Mg [125 ton] (As noted in QC Plan) ASTM D2950 %TMD (Base) 1 per 250 Mg [250 ton] (As noted in QC Plan) AASHTO T269 Fines / Effective Binder 1 per 500 Mg [500 ton] AASHTO T 312* Gradation 1 per 500 Mg [500 ton] AASHTO T30 PGAB content 1 per 500 Mg [500 ton] AASHTO T164 or T308 Voids at Ndesign 1 per 500 Mg [500 ton] AASHTO T 312* Voids in Mineral Aggregate at Ndesign 1 per 500 Mg [500 ton] AASHTO T 312* Rice Specific Gravity 1 per 500 Mg [500 ton] AASHTO T209 Coarse Aggregate Angularity 1 per 5000 Mg [5000 ton] ASTM D5821 Flat and Elongated Particles 1 Per 5000 Mg [5000 ton] ASTM D4791 Fine Aggregate Angularity 1 Per 5000 Mg [5000 ton] AASHTO T304 *Method A and B only The Contractor may utilize innovative equipment or techniques not addressed by the Contract documents to produce or monitor the production of the mix, subject to approval by the Department. The Contractor shall submit all Hot Mix Asphalt Pavement plant test reports, inspection reports and updated pay factors in writing, signed by the appropriate technician and present them to the Department by 1:00 P.M. on the next working day, except when otherwise noted in the QCP due to local restrictions. The Contractor shall also retain splits of the previous 5 QC tests, with QC results enclosed for random selection and testing by The Department during QA inspections of the HMA production facility. Test results of splits that do not meet the Dispute Resolution Variance Limits in Table 10 shall trigger an investigation by the MDOT Independent Assurance Unit, and may result in that lab losing NETTCP certification and the ability to request a dispute [Section 401.223 - Process for Dispute Resolution (Methods A , B and C only)]. The Contractor shall make density test results, including randomly sampled densities, available to the Department onsite. Summaries of each day's results, including a daily paving report, shall be recorded and signed by the QCT and presented to the Department by 1:00 p.m. the next working day. The Contractor shall have a testing lab at the plant site, equipped with all testing equipment necessary to complete the tests in Table 2. The Contractor shall locate an approved Gyratory Compactor at the plant testing lab or within 30 minutes of the plant site. The Contractor shall fill all holes in the pavement resulting from cutting cores by the Contractor or the Department with a properly compacted, acceptable mixture no later than the following working day. Before filling, the Contractor shall carefully clean the holes and apply a coating of emulsified asphalt. On surface courses, cores shall not be cut except for Verification of the Nuclear Density Gauge, at a rate not to exceed 3 per day or 2 per 1000 Mg [1000 ton] placed. The Contractor shall monitor plant production using running average of three control charts as specified in Section 106 - Quality. Control limits shall be as noted in Table 3 below. The UCL and LCL, shall not exceed the allowable control points for the particular type of mixture as outlined in Table 1 of section 703.09 ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 12 of 23 TABLE 3: Control Limits Property UCL and LCL Passing 4.75 mm and larger sieves Target Passing 2.36 mm sieve Target Passing .075 mm sieve Target PGAB Content* Target Voids in the Mineral Aggregate LCL = LSL + 0.2 % Voids at Ndesign JMF Target *Based on AASHTO T 308 The Contractor shall cease paving operations whenever one of the following occurs on a lot in progress: a. Method A: The Pay Factor for VMA, Voids @ Nd, Percent PGAB, composite gradation, VFB, fines to effective binder or density using all Acceptance or all Quality Control tests for the current lot is less than 0.85. b. Method B: The Pay Factor for VMA, Voids @ Nd, Percent PGAB, composite gradation, VFB, fines to effective binder or density using all Acceptance or all Quality Control tests for the current lot is less than 0.90. c. Method C: The Pay Factor for VMA, Voids @ Nd, Percent PGAB, percent passing the nominal maximum sieve, percent passing 2.36 mm sieve, percent passing 0.300 mm sieve, percent passing 0.075 mm sieve or density using all Acceptance or all available Quality Control tests for the current lot is less than 0.85. d. The Coarse Aggregate Angularity or Fine Aggregate Angularity value falls below the requirements of Table 3: Aggregate Consensus Properties Criteria in Section 703.07 for the design traffic level. e. Each of the first 2 control tests for a Method A or B lot fall outside the upper or lower limits for VMA, Voids @ Nd, or Percent PGAB; or under Method C, each of the first 2 control tests for the lot fall outside the upper or lower limits for the nominal maximum, 2.36 mm, 0.300 mm or 0.075 mm sieves, or percent PGAB. f. The Flat and Elongated Particles value exceeds 10% by ASTM D4791. g. There is any visible damage to the aggregate due to over-densification other than on variable depth shim courses. h. The Contractor fails to follow the approved QCP. The Contractor shall notify the Resident in writing as to the reason for shutdown, as well as the proposed corrective action, by the end of the work day. Failure to do so will be treated as a second incident under 106.4.6 QCP Non-compliance. The Department will consider corrective action acceptable if the pay factor for the failing property increases, based on samples already in transit, or a verification sample is tested and the property falls within the specification limits. In cases where the corrective action can be accomplished immediately, such as batch weight or cold feed changes, the Contractor may elect to resume production once the corrective action is completed. Additional QC testing shall be performed to verify the effectiveness of the corrective action. Subsequent occurrences of shutdown for the same property in a Lot in progress will require paving operations to cease. Paving operations shall not resume until the Contactor and the Department determines that material meeting the Contract requirements will be produced. The Department may allow the Contractor to resume production based upon a passing QC sample, with a split of the sample being sent to the Department for verification testing. If the submitted verification sample test results fall outside the specification limits, the Contractor shall cease production until a verification sample is submitted to the Department has been tested by the Department and found to be within specification limits. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 13 of 23 If the Contractor’s control chart shows the process to be out of control (defined as a single point outside of the control limits on the running average of three chart) on any property listed in Table 3: Control Limits, the Contractor shall notify the Resident in writing of any proposed corrective action by 1:00 PM the next working day. The Department retains the exclusive right, with the exception of the first day’s production of a new JMF, to determine whether the resumption of production involves a significant change to the production process. If the Department so determines, then the current lot will be terminated, a pay factor established, and a new lot will begin. 401.19 Quality Control Method D For Items covered under Method D, the Contractor shall submit a modified QC Plan detailing, how the mix is to be placed, what equipment is to be used, and what HMA plant is to be used. All mix designs (JMF) shall be approved and verified by MDOT prior to use. Certified QC personnel shall not be required. The Contractor shall certify the mix and the test results for each item by a Certificate of Compliance. 401.20 Acceptance Method A, B & C These methods utilizes Quality Level Analysis and pay factor specifications. For Hot Mix Asphalt Pavement designated for acceptance under Quality Assurance provisions, the Department will sample once per sublot on a statistically random basis, test, and evaluate in accordance with the following Acceptance Criteria: TABLE 4: ACCEPTANCE CRITERIA PROPERTIES POINT OF SAMPLING TEST METHOD Gradation Paver Hopper AASHTO T30 PGAB Content Paver Hopper AASHTO T308 %TMD (Surface) Mat behind all Rollers AASHTO T269 %TMD (Base or Binder) Mat behind all Rollers AASHTO T269 Air Voids at Nd Paver Hopper AASHTO T 312 %VMA at Nd Paver Hopper AASHTO T 312 Fines to Effective Binder Paver Hopper AASHTO T 312 %VFB Paver Hopper AASHTO T 312 In the event the Department terminates a Lot prematurely but fails to obtain the required number of acceptance samples to calculate the volumetric property pay factor under the test method specified in the contract, the pay factor shall be calculated using the number of samples actually obtained from the contract. Should the number of acceptance samples taken total less than three, the resulting pay factor shall be 1.0 for volumetric properties. A minimum of three cores will be used for a density pay factor, if applicable, for quantities placed to date. Should the Contractor request a termination of the Lot in progress prior to three acceptance samples being obtained, and the Department agrees to terminate the Lot, then the pay factor for mixture properties shall be 0.80. A minimum of three cores will be used to determine a density pay factor, if applicable, for quantities placed to date. Lot Size For purposes of evaluating all acceptance test properties, a lot shall consist of the total quantity represented by each item listed under the lot size heading. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 14 of 23 Sublot size - Refer to section 401.201, 401.202, and 401.203 for minimum size and number of sublots. The quantity represented by each sample will constitute a sublot. If there is less than one-half of a sublot remaining at the end, then it shall be combined with the previous sublot. If there is more than one-half sublot remaining at the end, then it shall constitute the last sublot and shall be represented by test results. If it becomes apparent partway through a Lot that, due to an underrun, there will be insufficient mix quantity to obtain the minimum number of sublots needed, the Resident may adjust the size of the remaining sublots and select new sample locations based on the estimated quantity of material remaining in the Lot. Acceptance Testing The Department will obtain samples of Hot Mix Asphalt Pavement in conformance with AASHTO T168 Sampling Bituminous Paving Mixtures, and the Maine DOT Policies and Procedures for HMA Sampling and Testing, which will then be transported by the Contractor to the designated MDOT Laboratory within 48 hours (except when otherwise noted in the project specific QCP due to local restrictions), as directed by MDOT in approved transport containers to be provided by the Department, unless otherwise directed by the Resident. Failure to deliver an acceptance sample to the designated acceptance laboratory will be considered the second incident under 106.4.6–QCP Non-Compliance. The Department will take the sample randomly within each sublot. Target values shall be as specified in the JMF. The Department will use Table 5 for calculating pay factors for gradation, PGAB Content, Air Voids at Ndesign, VMA, Fines to Effective Binder and VFB. The Department will withhold reporting of the test results for the Acceptance sample until 7:00 AM, on the second working day of receipt of the sample, or after receipt of the Contractors results of the Acceptance sample split. Upon conclusion of each lot, where there is a minimum of four sublots, results shall be examined for statistical outliers, as stated in Section 106.7.2 - Statistical Outliers. Isolated Areas During the course of inspection, should it appear that there is an isolated area that is not representative of the lot based on a lack of observed compactive effort, excessive segregation or any other questionable practice, that area may be isolated and tested separately. An area so isolated that has a calculated pay factor below 0.80, based on three random tests shall be removed and replaced at the expense of the Contractor for the full lane width and a length not to be less than 50 m [150 ft]. Pavement Density The Department will measure pavement density using core samples tested according to AASHTO T-166. The Department will randomly determine core locations. The Contractor shall cut 6 inch diameter cores at no additional cost to the Department by the end of the working day following the day the pavement is placed, and immediately give them to the Department. Cores for Acceptance testing shall be cut such that the nearest edge is never within 0.225 m (9 inches) of any joint. The cores will be placed in a transport container provided by the Department and transported by the Contractor to the designated MDOT Lab as directed by the Department. Pre-testing of the cores will not be allowed. At the time of sampling, the Contractor and the Department shall mutually determine if a core is damaged. If it is determined that the core(s) is damaged, the Contractor shall cut new core(s) at the same offset and within 1 m [3 ft] of the initial sample. At the time the core is cut, the Contractor and the Department will mutually determine if saw cutting of the core is needed, and will mark the core at the point where sawing is needed. The core may be saw cut by the Contractor in the Department's presence onsite, or in an MDOT Lab by The Department, without disturbing the layer being tested to remove lower layers of Hot Mix Asphalt Pavement, gravel, or RAP. No recuts are allowed at a test location after the core has been tested. Upon conclusion of each lot, density results shall be examined for statistical outliers as stated in Section 106.7.2. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 15 of 23 On all sections of overlay with wearing courses designed to be 19 mm [3/4 in] or less in thickness, there shall be no pay adjustment for density otherwise noted in Section 403 - Hot Bituminous Pavement. For overlays designed to be 19 mm [3/4 in] or less in thickness, density shall be obtained by the same rolling train and methods as used on mainline travelway surface courses with a pay adjustments for density, unless otherwise directed by the Department. There shall be no pay adjustment for density on shoulders unless otherwise noted in Section 403 - Hot Bituminous Pavement. Density for shoulders shall be obtained by the same rolling train and methods as used on mainline travelway, unless otherwise directed by the Department. Efforts to obtain optimum compaction will not be waived by the Department unless it is apparent during construction that local conditions make densification to this point detrimental to the finished pavement surface course. 401.201 Method A Lot Size will be the entire production per JMF for the project, or if so agreed at the Pre- paving Conference, equal lots of up to 4500 Mg [4500 tons], with unanticipated over-runs of up to 1500 Mg [1500 ton] rolled into the last lot. Sublot sizes shall be 750 Mg [750 ton] for mixture properties, 500 Mg [500 ton] for base or binder densities and 250 Mg [250 ton] for surface densities. The minimum number of sublots for mixture properties shall be 4, and the minimum number of sublots for density shall be five. TABLE 5: METHOD A ACCEPTANCE LIMITS Property USL and LSL Passing 4.75 mm and larger sieves Target Passing 2.36 mm to 1.18 mm sieves Target Passing 0.60 mm Target Passing 0.30 mm to 0.075 mm sieve Target PGAB Content Target Air Voids 4.0% Fines to Effective Binder 0.6 to 1.2 Voids in the Mineral Aggregate LSL Only from Table 1 Voids Filled with Binder Table 1 values plus a 4% production tolerance for USL only % TMD (In place density) 95.0% 2.5% **For 4.75 mm nominal maximum aggregate size mixtures, the Fines/Effective Binder Ratio is 0.6-1.4. 401.202 Method B Lot Size will be the entire production per JMF for the project and shall be divided into 3 equal sublots for Mixture Properties and 3 equal sublots for density. TABLE 6: METHOD B ACCEPTANCE LIMITS Property USL and LSL Percent Passing 4.75 mm and larger sieves Target Percent Passing 2.36 mm to 1.18 mm sieves Target Percent Passing 0.60 mm Target Percent Passing 0.30 mm to 0.075 mm sieve Target PGAB Content Target Air Voids 4.0% Fines to Effective Binder 0.6 to 1.4 Voids in the Mineral Aggregate LSL from Table 1 Voids Filled with Binder Table1 plus a 4% production tolerance for USL. % TMD (In-place Density) 95.0% 2.5% ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 16 of 23 401.203 Testing Method C Lot Size will be the entire production per JMF for the project, or if so agreed at the Pre-paving Conference, equal lots of up to 4500 Mg [4500 tons], with unanticipated over-runs of up to 1500 Mg [1500 ton] rolled into the last lot. Sublot sizes shall be 750 Mg [750 ton] for mixture properties, 500 Mg [500 ton] for base or binder densities and 250 Mg [250 ton] for surface densities. The minimum number of sublots for mixture properties shall be 4, and the minimum number of sublots for density shall be five. TABLE 7: METHOD C ACCEPTANCE LIMITS Property USL and LSL Passing 4.75 mm and larger sieves Target Passing 2.36 mm to 1.18 mm sieves Target Passing 0.60 mm Target Passing 0.30 mm to 0.075 mm sieve Target PGAB Content Target Air Voids 4.0% Fines to Effective Binder 0.6 to 1.2 Voids in the Mineral Aggregate LSL Only from Table 1 Voids Filled with Binder Table 1 values plus a 4% production tolerance for USL only % TMD (In place density) 95.0% 2.5% **For 4.75 mm nominal maximum aggregate size mixtures, the Fines/Effective Binder Ratio is 0.6-1.4. 401.204 Testing Method D For hot mix asphalt items designated as Method D in Section 403 - Hot Bituminous Pavement, one sample will be taken from the paver hopper or the truck body per 250 Mg [250 ton] per pay item. The mix will be tested for gradation and PGAB content. Disputes will not be allowed. If the mix is within the tolerances listed in Table 8: Method D Acceptance Limits, the Department will pay the contract unit price. If the test results for each 250 Mg [250 ton] increment are outside these limits, the following deductions (Table 8b) shall apply to the HMA quantity represented by the test. TABLE 8: METHOD D ACCEPTANCE LIMITS Property USL and LSL Percent Passing 4.75 mm and larger sieves Target Percent Passing 2.36 mm to 1.18 mm sieves Target Percent Passing 0.60 mm Target Percent Passing 0.30 mm to 0.075 mm sieve Target PGAB Content Target % TMD (In-place Density) 95.0% 2.5% TABLE 8b Method Price Adjustments PGAB Content 2.36 mm sieve 0.30 mm sieve 0.075 mm sieve Density -10%* *Only applies when called for in Section 403 - Hot Bituminous Pavement. Contractor shall cut two 150 mm [6 in] cores, which shall be tested for percent TMD per AASHTO T-269. If the average for the two tests falls below 92.5% the disincentive shall apply. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 17 of 23 401.21 Method of Measurement The Department will measure Hot Mix Asphalt Pavement by the Mg [ton] in accordance with Section 108.1 - Measurement of Quantities for Payment. 401.22 Basis of Payment The Department will pay for the work, in place and accepted, in accordance with the applicable sections of this Section, for each type of HMA specified. The Department will pay for the work specified in Section 401.11, for the HMA used, except that cleaning objectionable material from the pavement and furnishing and applying bituminous material to joints and contact surfaces is incidental. Payment for this work under the appropriate pay items shall be full compensation for all labor, equipment, materials, and incidentals necessary to meet all related contract requirements, including design of the JMF, implementation of the QCP, obtaining core samples, transporting cores and samples, filling core holes, applying emulsified asphalt to joints, and providing testing facilities and equipment. The Department will make a pay adjustment for quality as specified below. 401.221 Pay Adjustment The Department will sample, test, and evaluate Hot Mix Asphalt Pavement in accordance with Section 106 - Quality and Section 401.20 - Acceptance, of this Specification. 401.222 Pay Factor (PF) The Department will use the following criteria for pay adjustment using the pay adjustment factors under Section 106.7 - Quality Level Analysis: Density If the pay factor for Density falls below 0.80 for Method A or C or 0.86 for Method B, all of the cores will be randomly re-cut by Sublot. A new pay factor will be calculated that combines all initial and retest results. If the resulting pay factor is below 0.80 for Method A or C or below 0.86 for Method B, the entire Lot shall be removed and replaced with material meeting the specifications at no additional cost to the Department, except that the Department may, when it appears that there is a distinct pattern of defective material, isolate any defective material by investigating each mix sample sublot and require removal of defective mix sample sublots only, leaving any acceptable material in place if it is found to be free of defective material. Pay factors equal to or greater than the reject level will be paid accordingly. Gradation For HMA evaluated under Acceptance Method A or B, the Department will determine a composite pay factor (CPF) using applicable price adjustment factors from Table 9: Table of Gradation Composite Factors, and Acceptance limits from Table 5: Method A Acceptance Limits, for Method A or Table 6: Method B Acceptance Limits, for Method B. The Department will not make price adjustments for gradation on Methods A and B, but will monitor them as shutdown criteria. TABLE 9: TABLE OF GRADATION COMPOSITE " f " FACTORS (Methods A and B) Factor Constituent 19 mm 12.5 mm 9.5 mm 4.75 mm 25 mm - - - - 19 mm 4 - - - 12.5 mm 4 4 - 9.50 mm 4 2.36 mm 6 6 6 8 1.18 mm 0.60 mm 2 2 2 2 0.30 mm 2 2 2 2 Gradation 0.075 mm 6 6 6 8 ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 18 of 23 For HMA evaluated under Acceptance Method C, the Department will determine a pay factor using acceptance limits from Table 7: Method C Acceptance Limits. VMA, Air Voids, VFB and Fines to Effective Binder The Department will determine a pay factor (PF) using the applicable Acceptance Limits. The following variables will be used for pay adjustment: PA = Pay Adjustment Q = Quantity represented by PF in Mg [ton] P = Contract price per Mg [ton] PF = Pay Factor Pay Adjustment Method A The Department will use the following criteria for pay adjustment: density, Performance Graded Asphalt Binder content, voids @Nd, VMA, VFB, F/Beff, and the screen sizes listed in Table 9 for the type of HMA represented in the JMF. If any single pay factor for PGAB Content, VMA, or Air Voids falls below 0.80, then the composite pay factor for PGAB Content, VMA, and Air Voids shall be 0.55. Density: For mixes having a density requirement, the Department will determine a pay factor using Table 5: Method A Acceptance Limits: PA = (density PF- 1.0)(Q)(P)x0.50 PGAB Content, VMA and Air Voids: The Department will determine a pay adjustment using Table 5: Method A Acceptance Limits as follows: PA = (voids @ Nd PF- 1.0)(Q)(P)x0.20 + (VMA @ Nd PF- 1.0)(Q)(P)x0.20 + (PGAB PF- 1.0)(Q)(P)x0.10 VFB and Fines to Effective Binder The Department will determine a pay factor (PF) using Table 5: Method A Acceptance Limits. The Department will not make price adjustments for VFB or Fines to Effective Binder, but will monitor them as shutdown criteria. Pay Adjustment Method B The Department will use the following criteria for pay adjustment: density, Performance Graded Asphalt Binder content, voids @Nd, VMA, VFB, F/Beff, and the screen sizes listed in Table 9 for the type of HMA represented in the JMF. If any single pay factor for PGAB Content, VMA, or Air Voids falls below 0.86, then the composite pay factor for PGAB Content, VMA, and Air Voids shall be 0.70. Density: For mixes having a density requirement, the Department will determine a pay factor using Table 6: Method B Acceptance Limits: PA = (density PF- 1.0)(Q)(P)x0.50 ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 19 of 23 PGAB Content, VMA and Air Voids: The Department will determine a pay adjustment using Table 6: Method B Acceptance Limits as follows: PA = (voids @ Nd PF- 1.0)(Q)(P)x0.20 + (VMA @ Nd PF- 1.0)(Q)(P)x0.20 + (PGAB PF- 1.0)(Q)(P)x0.10 VFB and Fines to Effective Binder The Department will determine a pay factor (PF) using Table 6: Method B Acceptance Limits. The Department will not make price adjustments for VFB or Fines to Effective Binder, but will monitor them as shutdown criteria. Pay Adjustment Method C The Department will use density, Performance Graded Asphalt Binder content, and the percent passing the nominal maximum, 2.36 mm, 0.300 mm and 0.075 mm sieves for the type of HMA represented in the JMF. If the PGAB content falls below 0.80, then the PGAB pay factor shall be 0.55. Density: For mixes having a density requirement, the Department will determine a pay factor using Table 7: Method C Acceptance Limits: PA = (density PF- 1.0)(Q)(P)x0.50 PGAB Content and Gradation The Department will determine a pay factor using Table 7: Method C Acceptance Limits. The Department will calculate the price adjustment for Mixture Properties as follows: PA = Passing Nom. Max PF-1.0)(Q)(P)X0.05+(% passing 2.36 mm PF- 1.0)(Q)(P)X0.05+(%passing 0.30 mm PF-1.0)(Q)(P)X0.05+(%passing 0.075 mm PF- 1.0)(Q)(P)X0.10+(PGAB PF-1.0)(Q)(P)X0.25 VMA, Air Voids, VFB and Fines to Effective Binder The Department will determine a pay factor (PF) using Table 7: Method C Acceptance Limits. The Department will not make price adjustments for VMA, Air Voids, VFB or Fines to Effective Binder, but will monitor them as shutdown criteria. Pay Adjustment Method D The Department will use density, Performance Graded Asphalt Binder content, and the screen sizes listed in Table 8b for the type of HMA represented in the JMF. If test results do not meet the Table 8 requirements, deducts as shown in Table 8b shall be applied to the quantity of mix represented by the test. 401.223 Process for Dispute Resolution (Methods A B & C only) a. Dispute Resolution sampling At the time of Hot-Mix Asphalt sampling, the Department will obtain a split sample of each Acceptance test random sample for possible dispute resolution testing. The Contractor shall also obtain a split sample of the HMA at this same time. If the Contractor wishes to retain the option of requesting dispute testing of the initial Acceptance sample, the Contractor will test their split of the Acceptance sample and shall report their results to the Resident, with a copy to the QA Engineer at the Central Laboratory in Bangor by 7:00 AM, on the second working day from time of QA sampling, otherwise dispute resolution will not be initiated. The Department’s dispute resolution split sample will be properly labeled and stored for a period of not more than two weeks, or until the sample is tested. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 20 of 23 b. Disputing Acceptance results The Contractor may dispute the Department’s Acceptance results and request (Methods A, B, & C) that the dispute resolution split sample be tested by notifying the Department’s Resident and the QA Engineer at the Central Laboratory in Bangor in writing within two working days after receiving the results of the Acceptance test. The following shall be provided in the request:  Acceptance sample reference number  The specific test result(s) or property(ies) being disputed, and  The complete, signed report of the Contractor’s testing (In a lab certified by the NETTCP and MDOT) of their split of the Acceptance sample indicating that the variances in Table10: Dispute Resolution Variance Limits, for the specific test result(s) or property(ies) were exceeded. c. Disputable items The Contractor may dispute any or all of the following Method A or B test results when the difference between the Department’s value and the Contractor’s value for that test equals or exceeds the corresponding allowable variation in Table 10: Dispute Resolution Variance Limits, PGAB content, Gmb, and Gmm. In addition, if the allowable variation for these tests is not met or exceeded, the Contractor may dispute either or both of the following material properties provided the difference between results for them equals or exceeds the corresponding allowable variation in Table 10: Voids at Ndesign, and VMA. For Method C only: The results for PGAB content and the screen sizes used for pay adjustment may be disputed. d. Outcome The value of any disputed result or property reported for the initial Acceptance sample shall stand if the value reported for the dispute resolution sample is not closer to the value the Contractor reported for their split sample than to the value reported for the initial Acceptance sample. If the value reported for the dispute resolution falls precisely half-way between the other two values the value reported for the dispute resolution will replace the original acceptance value. Otherwise, the value reported for the dispute resolution sample will replace the value reported for the initial Acceptance sample, and will be used to re-calculate any other affected results or properties. TABLE 10: DISPUTE RESOLUTION VARIANCE LIMITS SECTION 402 - PAVEMENT SMOOTHNESS 402.00 Smoothness Projects Projects to have their pavement smoothness analyzed in accordance with this Specification will be so noted in Special Provision 403 - Bituminous Box 402.01 Pavement Smoothness The final pavement surface shall be evaluated for smoothness using a Class I or Class II profiler as defined by ASTM E950 (94). Smoothness measurements will be expressed in terms of the International Roughness Index (IRI) as defined by the World Bank, in units of inches/mile. PGAB Content Gmb +/-0.030 Gmm +/-0.020 Voids @ Nd VMA Passing 4.75 mm and larger sieves 4.0% Passing 2.36 mm to 0.60 mm sieves 3.0% Passing 0.30 mm to 0.15 2.0 % 0.075 mm sieve 1.0% ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 21 of 23 402.02 Lot Size Lot size for smoothness will be 1000 lane-meters [3000 lane-feet]. A sublot will consist of 20 lane-meters [50 lane-feet]. Partial lots will be included in the previous lot if less than one-half the size of a normal lot. If equal to or greater than one-half the normal lot size, it will be tested as a separate lot. 402.03 Acceptance Testing The Department will conduct Acceptance testing following completion of the surface course. Sections to be excluded from testing include the following: Bridge decks and joints (no smoothness measurements will be taken within 30 m [100 ft] of bridge joints) Acceleration and deceleration lanes Shoulders and ramps Side streets and roads Within 30 m [100 ft] of transverse joints at the beginning and end of the project Within 30 m [100 ft] of railroad crossings Urban areas with speed limits of 50 kph [30 mph] or lower Each lot shall have 2 measurements made in each wheel path. The average of the 4 measurements will determine the smoothness for that lot. The smoothness measurements will be statistically evaluated for pay factors as described in Subsection 106.7 - Quality Level Analysis, using the specification limits shown below. ACCEPTANCE LIMITS Level USL I 0.95 m/km [60 in/mile] II 1.10 m/km [70 in/mile] III 1.25 m/km [80 in/mile] Computation of Smoothness Pay Adjustment: PA = (PF-1.0)(Q)(P) where: Q = Quantity of surface course in the Lot (excluding shoulders, side streets, bridge decks, ramps, acceleration and deceleration lanes) PF = smoothness pay factor for the Lot P = Contract unit price for surface pavement PA = pay adjustment 402.04 Unacceptable Work In the event that any Lot is found to have a pay factor less than 0.80, the Contractor shall take whatever remedial action is required to correct the pavement surface in that Lot at no additional expense to the Department. Such remedial action may include but is not limited to removal and replacement of the unacceptable pavement. In the event remedial action is necessary, the Contractor shall submit a written plan to the Resident outlining the scope of the remedial work. The Resident must approve this plan before the remedial work can begin. Following remedial work, the Lot shall be retested, and will be subject to the specification limits listed above. The resulting pay factor, if within the acceptable range, will be used in the final pay adjustment. The Contractor shall pay the cost of retesting the pavement following corrective action. Localized surface tolerance defects will be subject to the provisions outlined in Section 401.101 Surface Tolerances. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 22 of 23 Payment will be made under: Pay Item Pay Unit 402.10 Incentive/Disincentive - Pavement Smoothness Lump Sum SECTION 403 - HOT BITUMINOUS PAVEMENT 403.01 Description This work shall consist of constructing one or more courses of bituminous pavement on an approved base in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sections shown on the plans or established. The bituminous pavement shall be composed of a mixture of aggregate, filler if required, and bituminous material. 403.02 General The materials and their use shall conform to the requirements of Section 401 - Hot Mix Asphalt Pavement. 403.03 Construction The construction requirements shall be as specified in Section 401 - Hot Mix Asphalt Pavement. In addition, hot bituminous pavement placed on bridges shall also conform to the following requirements. a. The mixture shall be composed of aggregate, PGAB and mineral filler but no recycled asphalt pavement and placed in courses as specified in the Special Provisions. b. The bottom course shall be placed with an approved rubber mounted bituminous paver of such type and operated in such a manner that the membrane waterproofing will not be damaged in any way. c. The top course shall not be placed until the bottom course has cooled sufficiently to provide stability. d. The Contractor will not be required to cut sample cores from the compacted pavement on the bridge deck. e. After the top course has been placed, the shoulder areas shall be sealed 1 meter [3 ft] wide with two applications of an emulsified bituminous sealer meeting the requirements of Section 702.12 - Emulsified Bituminous Sealing Compound. The first application shall be pre-mixed with fine, sharp sand, similar to mortar sand, as needed to fill all voids in the mix in the area being sealed. The second application may be applied without sand. The sealer shall be carried to the curb at the gutter line in sufficient quantity to leave a bead or fillet of material at the face of the curb. The area to be sealed shall be clean, dry and the surface shall be at ambient temperature. f. The furnishing and applying of the required quantity of sealer for the bridge shoulder areas shall be incidental to placing the hot bituminous pavement. g. The atmospheric temperature for all courses on bridge decks shall be 10°C [50°F] or higher. 403.04 Method of Measurement Hot bituminous pavement will be measured as specified in Section 401.21- Method of Measurement. ---PAGE BREAK--- March 11, 2010 Supersedes February 25, 2010 Page 23 of 23 403.05 Basis of Payment The accepted quantities of hot bituminous pavement will be paid for at the contract unit price per Megagram [ton] for the bituminous mixtures, including bituminous material complete in place. Method A, Method B, Method C and Method D shall be used for acceptance as specified in Section 401 - Hot Mix Asphalt Pavements. (See Complementary Notes, Section 403 - Hot Bituminous Pavement, for Method location). Payment will be made under: Pay Item Pay Unit 403.102 Hot Mix Asphalt Pavement for Special Areas MG [Ton] 403.206 Hot Mix Asphalt, 25 mm Nominal Maximum Size MG [Ton] 403.207 Hot Mix Asphalt, 19.0 mm Nominal Maximum Size MG [Ton] 403.2071 Hot Mix Asphalt , 19.0 mm Nominal Maximum Size MG [Ton] 403.2072 Asphalt Rich Hot Mix Asphalt,19.0 mm Nominal Maximum Size MG [Ton] (Asphalt Rich Base and Intermediate course) 403.208 Hot Mix Asphalt, 12.5 mm Nominal Maximum Size MG [Ton] 403.2081 Hot Mix Asphalt - 12.5 mm Nominal Maximum Size (PG 70-28) MG [Ton] 403.209 Hot Mix Asphalt, 9.5 mm Nominal Maximum Size MG [Ton] (sidewalks, drives, islands & incidentals) 403.210 Hot Mix Asphalt, 9.5 mm Nominal Maximum Size MG [Ton] 403.2101 Hot Mix Asphalt - 9.5 mm Nominal Maximum Size (PG 70-28) MG [Ton] 403.2102 Asphalt Rich Hot Mix Asphalt, 9.5 mm Nominal Maximum Size MG [Ton] (Asphalt Rich Intermediate course) 403.211 Hot Mix Asphalt (shimming) MG [Ton] 403.212 Hot Mix Asphalt, 4.75 mm Nominal Maximum Size MG [Ton] 403.2131 Hot Mix Asphalt, 12.5 mm Nominal Maximum Size, (PG 70-28) MG [Ton] (Base and Intermediate Base course) 403.2132 Asphalt Rich Hot Mix Asphalt, 12.5 mm Nominal Maximum Size MG [Ton] (Base and Intermediate Base course) ---PAGE BREAK--- Lewiston-Lisbon 019112.00 019124.00 Route 196 1 ¼” Overlay April 4, 2012 Page 1 of 2 SPECIAL PROVISION SECTION 403 HOT MIX ASPHALT Desc. Of Course Grad Design. Item Number Bit Cont. % of Mix Total Thick No. Of Layers Comp. Notes 1 ¼” Mill with 1 ¼” HMA Overlay Areas Mainline Travelways, Shoulders, and Approach Roads Wearing 9.5 mm 403.210 N/A 1 ¼” 1 5,7,20 Spot Shims – Delaminated Areas as Directed Shim 9.5 mm 403.211 N/A variable 1/more 2,5,10,20 Drives, Misc. Wearing 9.5 mm 403.209 N/A 1 ¼” 1/more 2,3,10,11,14 COMPLEMENTARY NOTES 2. The density requirements are waived. In addition, the use of an oscillating steel roller shall be required to compact all HMA pavements placed on bridge decks. 3. The design traffic level for mix placed shall be <0.3 million ESALS. 5. The aggregate qualities shall meet the design traffic level of 3 to <10 million ESALS for mix placed under this contract. The design, verification, Quality Control, and Acceptance tests for this mix will be performed at 75 gyrations. 7. Section 106.6 Acceptance, Method A. 10. Section 106.6 Acceptance, Method D. 11. The combined aggregate gradation required for this item shall be classified as a 9.5mm “fine graded ” mixture, (using the Primary Control Sieve control point) as defined in 703.09. 14. A mixture meeting the requirements of section 703.09 Grading with a minimum PGAB content of and the limits of Special Provision 401, Table 9 (Drives and Sidewalks) for PGAB content and gradation may be substituted for this item. A job mix formula shall be submitted to the department for approval. 20. The Contractor may place the specified HMA pavement course, not to exceed 2” inch (50mm) compacted depth, over the full single travel lane width, for each production day. If this option is utilized the Contractor will be required to place a matching course of HMA over the adjacent section of travel lane before the end of the following calendar day. The Contractor will also be responsible for installing additional warning signage that clearly defines the centerline elevation differential hazard, as well as additional centerline delineation such as double RPM application, or temporary painted line. The Traffic Control Plan shall be amended to include this option and the additional requirements. All signs and traffic control devices will conform to Section 719.01, and Section 652, and will be installed to the work, at a maximum spacing of 0.50 mile [0.80 km] for the entire length of effected roadway section. On roadways with two-way traffic, the Contractor will be required to place the specified course over the full width of the mainline traveled way being paved prior to opening the sections to weekend or holiday traffic. If this option is utilized, all additional signing, labor, traffic control devices, or incidentals will not be paid for directly, will be considered incidental to the appropriate 652 items. Tack Coat ---PAGE BREAK--- Lewiston-Lisbon 019112.00 019124.00 Route 196 1 ¼” Overlay April 4, 2012 Page 2 of 2 A tack coat of emulsified asphalt, RS-1, Item 409.15 shall be applied to any existing pavement at a rate of approximately 0.025 gal/yd², and on milled pavement approximately 0.05 gal/yd² prior to placing a new course. A fog coat of emulsified asphalt shall be applied between shim /base courses and the surface course, at a rate not to exceed 0.025 gal/yd². Tack used between layers of pavement will be paid for at the contract unit price for Item 409.15 Bituminous Tack Coat. ---PAGE BREAK--- April 17, 2007 Supersedes May 10, 2006 Page 1 of 1 SPECIAL PROVISION SECTION 652 MAINTENANCE OF TRAFFIC Construction Sign Sheeting Material Super high intensity fluorescent retroreflective sheeting, ASTM D 4956 - Type VII, Type VIII, or Type IX (prismatic), is required for all construction signs. ---PAGE BREAK--- January 19, 2007 1 of 1 SPECIAL PROVISION SECTION 652 MAINTENANCE OF TRAFFIC (Traffic Control) Failure by the contractor to follow the Contracts 652 Special Provisions and Standard Specification and/or The Manual on Uniform Traffic Control Devices (MUTCD) and/or The Contractors own Traffic Control Plan will result in a violation letter and result in a reduction in payment as shown in the schedule below. The Departments Resident or any other representative of The Department reserves the right to suspend the work at any time and request a meeting to discuss violations and remedies. The Department shall not be held responsible for any delay in the work due to any suspension under this item. Any reduction in payment under this Special Provision will be in addition to forfeiting payment of maintenance of traffic control devices for that day. ORIGINAL CONTRACT AMOUNT from Up to and Amount of Penalty More Than Including Damages per Violation $0 $100,000 $250 $100,000 $300,000 $500 $300,000 $500,000 $750 $500,000 $1,000,000 $1,500 $1,000,000 $2,000,000 $2,500 $2,000,000 $4,000,000 $5,000 $4,000,000 and more $10,000 95 ---PAGE BREAK--- Standard Detail Updates Repair Specifications ---PAGE BREAK--- 92 ---PAGE BREAK--- 93 ---PAGE BREAK--- August 9, 2011 Supersedes August 8, 2011 Page 1 of 4 STANDARD DETAIL UPDATES Standard Details and Standard Detail updates are available at: http://www.maine.gov/mdot/contractor-consultant-information/ss_standard_details_updates.php Detail # Description Revision Date 504(15) Diaphragms 12/30/02 507(04) Steel Bridge Railing 2/05/03 526(33) Concrete Transition Barrier 8/18/03 645(06) H-Beam Posts – Highway Signing 7/21/04 645(09) Installation of Type II Signs 7/21/04 626(09) Electrical Junction Box for Traffic Signals 2/25/05 and Lighting 604(01) Catch Basins 11/16/05 604(05) Type & Catch Basin Tops 11/16/05 604(06) Type Catch Basin Tops 11/16/05 604(07) Manhole Top 11/16/05 604(09) Catch Basin Type 11/16/05 606(02) Multiple Mailbox Support 11/16/05 606(07) Reflectorized Beam Guardrail Delineator Details 11/16/05 609(06) Vertical Bridge Curb 11/16/05 504(23) Hand-Hold Details 12/08/05 609(03) Curb Type 3 6/27/06 609(07) Curb Type 1 6/27/06 535(01) Precast Superstructure - Shear Key 10/12/06 535(02) Precast Superstructure - Curb Key & Drip Notch 10/12/06 535(03) Precast Superstructure - Shear Key 10/12/06 ---PAGE BREAK--- August 9, 2011 Supersedes August 8, 2011 Page 2 of 4 535(04) Precast Superstructure - Shear Key 10/12/06 535(05) Precast Superstructure - Post Tensioning 10/12/06 535(06) Precast Superstructure - Sections 10/12/06 535(07) Precast Superstructure - Precast Slab & Box 10/12/06 535(08) Precast Superstructure - Sections 10/12/06 535(09) Precast Superstructure - Sections 10/12/06 535(10) Precast Superstructure - Sections 10/12/06 535(11) Precast Superstructure - Sections 10/12/06 535(12) Precast Superstructure - Sections 10/12/06 535(13) Precast Superstructure - Sections 10/12/06 535(14) Precast Superstructure - Stirrups 10/12/06 535(15) Precast Superstructure - Plan 10/12/06 535(16) Precast Superstructure - Reinforcing 10/12/06 535(17) Precast Superstructure - Notes 10/12/06 801(01) Drives on Sidewalk Sections 2/06/07 801(02) Drives on Non-Sidewalk Sections 2/06/07 535(03) Precast Superstructure - Shear Key 12/5/07 535(04) Precast Superstructure - Shear Key 12/5/07 535(05) Precast Superstructure - Post Tensioning 12/5/07 535(17) Precast Superstructure - Notes 12/5/07 801(01) Drives on Sidewalk Sections 1/04/08 801(02) Drives on Non-Sidewalk Sections 1/04/08 203(03) Backslope Rounding 1/29/08 ---PAGE BREAK--- August 9, 2011 Supersedes August 8, 2011 Page 3 of 4 535(02) Precast Superstructure - Curb Key & Drip Notch 5/20/08 535(05) Precast Superstructure - Post Tensioning 5/20/08 502(03) Concrete Curb - Bituminous Wearing Surface 2/2/09 502(03)A Concrete Curb - Concrete Wearing Surface 2/2/09 502(07) Precast Concrete Deck Panels - Layout Plan 2/2/09 502(07)A Precast Concrete Deck Panels - Layout Plan 2/2/09 502(08) Precast Concrete Deck Panels - Panel Plan 2/2/09 502(09) Precast Concrete Deck Panels - Blocking Detail 2/2/09 502(10) Precast Concrete Deck Panels 2/2/09 502(11) Precast Concrete Deck Panels 2/2/09 502(12) Precast Concrete Deck Panels - Notes 2/2/09 502(12)A Precast Concrete Deck Panels - Notes 2/2/09 526(06) Permanent Concrete Barrier 2/2/09 526(08) Permanent Concrete Barrier – Type IIIA 2/2/09 526(08)A Permanent Concrete Barrier – Type IIIA 2/2/09 526(13) Permanent Concrete Barrier – Type IIIB 2/2/09 526(14) Permanent Concrete Barrier – Type IIIB 2/2/09 526(21) Concrete Transition Barrier 2/2/09 526(39) Texas Classic Rail – Between Window 2/2/09 526(40) Texas Classic Rail – Through Window 2/2/09 526(41) Texas Classic Rail – Through Post 2/2/09 526(42) Texas Classic Rail – Through Nose 2/2/09 606(20) Guardrail - Type 3 - Single Rail - Bridge Mounted 2/2/09 ---PAGE BREAK--- August 9, 2011 Supersedes August 8, 2011 Page 4 of 4 606(21) Guardrail - Type 3 - Single Rail - Bridge Mounted 2/2/09 606(22) Guardrail - Type 3 - Single Rail - Bridge Mounted 2/2/09 606(23) Guardrail - Type 3 - Single Rail - Bridge Mounted 2/2/09 609(06) Vertical Bridge Curb 2/2/09 609(08) Precast Concrete Transition Curb 2/2/09 502(12) Precast Concrete Desk Panels 9/09 504(22) Diaphragm & Crossframe Notes 9/09 626(09) Electrical Junction Box for Traffic Signals 8/20/10 and Lighting 526(08) Permanent Concrete Barrier 12/7/10 526(08)A Permanent Concrete Barrier 12/7/10 504(15) Diaphragms 5/19/11 507(09) Steel Bridge Railing 5/19/11 507(09)A Steel Bridge Railing 5/19/11 610(02) Stone Scour Protection 5/19/11 610(03) Stone Scour Protection 5/19/11 610(04) Stone Scour Protection 5/19/11 620(05) Geotextile Placement for Protection of Slopes 5/19/11 Adjactent to Stream & Tidal Areas 502(03) Concrete Curb 8/8/11 610(02) Stone Scour Protection 8/9/11 ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 1 of 27 SUPPLEMENTAL SPECIFICATION (Corrections, Additions, & Revisions to Standard Specifications - Revision of December 2002) SECTION 101 CONTRACT INTERPRETATION 101.2 Definitions Closeout Documentation Replace the sentence “A letter stating the amount….. DBE goals.” with “DBE Goal Attainment Verification Form” Add “Environmental Information Hazardous waste assessments, dredge material test results, boring logs, geophysical studies, and other records and reports of the environmental conditions. For a related provision, see Section 104.3.14 - Interpretation and Interpolation.” Add “Fabrication Engineer The Department’s representative responsible for Quality Assurance of pre-fabricated products that are produced off-site.” Geotechnical Information Replace with the following: “Boring logs, soil reports, geotechnical design reports, ground penetrating radar evaluations, seismic refraction studies, and other records of subsurface conditions. For a related provision, see Section 104.3.14 - Interpretation and Interpolation.” SECTION 102 DELIVERY OF BIDS 102.7.1 Location and Time Add the following sentence “As a minimum, the Bidder will submit a Bid Package consisting of the Notice to Contractors, the completed Acknowledgement of Bid Amendments form, the completed Schedule of Items, 2 copies of the completed Agreement, Offer, & Award form, a Bid Bond or Bid Guarantee, and any other Certifications or Bid Requirements listed in the Bid Book.” 102.11.1 Non-curable Bid Defects Replace E. with The unit price and bid amount is not provided or a lump sum price is not provided or is illegible as determined by the Department.” SECTION 103 AWARD AND CONTRACTING 103.3.1 Notice and Information Gathering Change the first paragraph to read as follows: “After Bid Opening and as a condition for Award of a Contract, the Department may require an Apparent Successful Bidder to demonstrate to the Department’s satisfaction that the Bidder is responsible and qualified to perform the Work.” SECTION 104 GENERAL RIGHTS AND RESPONSIBILITIES 104.3.14 Interpretation and Interpolation In the first sentence, change “…and Geotechnical Information.” to “…Environmental Information, and Geotechnical Information.” ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 2 of 27 SECTION 105 GENERAL SCOPE OF WORK Delete the entire Section 105.6 and replace with the following: 105.6.1 Department Provided Services The Department will provide the Contractor with the description and coordinates of vertical and horizontal control points, set by the Department, within the Project Limits, for full construction Projects and other Projects where survey control is necessary. For Projects of 1,500 feet in length, or less: The Department will provide three points. For Projects between 1,500 and 5,000 feet in length: The Department will provide one set of two points at each end of the Project. For Projects in excess of 5,000 feet in length, the Department will provide one set of two points at each end of the Project, plus one additional set of two points for each mile of Project length. For non-full construction Projects and other Projects where survey control is not necessary, the Department will not set any control points and, therefore, will not provide description and coordinates of any control points. Upon request of the Contractor, the Department will provide the Department’s survey data management software and Survey Manual to the Contractor, or its survey Subcontractor, for the exclusive use on the Department’s Projects. 105.6.2 Contractor Provided Services Utilizing the survey information and points provided by the Department, described in Subsection 105.6.1, Department Provided Services, the Contractor shall provide all additional survey layout necessary to complete the Work. This may include, but not be limited to, reestablishing all points provided by the Department, establishing additional control points, running axis lines, providing layout and maintenance of all other lines, grades, or points, and survey quality control to ensure conformance with the Contract. The Contractor is also responsible for providing construction centerline, or close reference points, for all Utility Facilities relocations and adjustments as necessary to complete the Work. When the Work is to connect with existing Structures, the Contractor shall verify all dimensions before proceeding with the Work. The Contractor shall employ or retain competent engineering and/or surveying personnel to fulfill these responsibilities. The Contractor must notify the Department of any errors or inconsistencies regarding the data and layout provided by the Department as provided by Section 104.3.3 - Duty to Notify Department If Ambiguities Discovered. 105.6.2.1 Survey Quality Control The Contractor is responsible for all construction survey quality control. Construction survey quality control is generally defined as, first, performing initial field survey layout of the Work and, second, performing an independent check of the initial layout using independent survey data to assure the accuracy of the initial layout; additional iterations of checks may be required if significant discrepancies are discovered in this process. Construction survey layout quality control also requires written documentation of the layout process such that the process can be followed and repeated, if necessary, by an independent survey crew. 105.6.3 Survey Quality Assurance It is the Department’s prerogative to perform construction survey quality assurance. Construction survey quality assurance may, or may not, be performed by the Department. Construction survey quality assurance is generally defined as an independent check of the construction survey quality control. The construction survey ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 3 of 27 quality assurance process may involve physically checking the Contractor’s construction survey layout using independent survey data, or may simply involve reviewing the construction survey quality control written documentation. If the Department elects to physically check the Contractor’s survey layout, the Contractor’s designated surveyor may be required to be present. The Department will provide a minimum notice of 48 hours to the Contractor, whenever possible, if the Contractor’s designated surveyor’s presence is required. Any errors discovered through the quality assurance process shall be corrected by the Contractor, at no additional cost to the Department. 105.6.4 Boundary Markers The Contractor shall preserve and protect from damage all monuments or other points that mark the boundaries of the Right-of-Way or abutting parcels that are outside the area that must be disturbed to perform the Work. The Contractor indemnifies and holds harmless the Department from all claims to reestablish the former location of all such monuments or points including claims arising from 14 MRSA § 7554-A. For a related provision, see Section 104.3.11 - Responsibility for Property of Others. SECTION 106 QUALITY 106.4.3 Testing Change the first sentence in paragraph three from “…maintain records of all inspections and tests.” to “…maintain original documentation of all inspections, tests, and calculations used to generate reports.” 106.6 Acceptance Add the following to paragraph 1 of A: “This includes Sections 401 - Hot Mix Asphalt, 402 - Pavement Smoothness, and 502 - Structural Concrete - Method A - Air Content.” Add the following to the beginning of paragraph 3 of A: “For pay factors based on Quality Level Analysis, and” 106.7.1 Standard Deviation Method Add the following to F: “Note: In cases where the mean of the values is equal to either the USL or the LSL, then the PWL will be 50 regardless of the computed value of Add the following to H: “Method C Hot Mix Asphalt: PF = [55 + (Quality Level * 0.01” SECTION 107 TIME 107.3.1 General Add the following: “If a Holiday occurs on a Sunday, the following Monday shall be considered a Holiday. Sunday or Holiday work must be approved by the Department, except that the Contractor may work on Martin Luther King Day, President’s Day, Patriot’s Day, the Friday after Thanksgiving, and Columbus Day without the Department’s approval.” 107.7.2 Schedule of Liquidated Damages Replace the table of Liquidated Damages as follows: From Up to and Amount of Liquidated ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 4 of 27 More Than Including Damages per Calendar Day $0 $100,000 $225 $100,000 $250,000 $350 $250,000 $500,000 $475 $500,000 $1,000,000 $675 $1,000,000 $2,000,000 $900 $2,000,000 $4,000,000 $1,000 $4,000,000 and more $2,100 SECTION 108 PAYMENT Remove Section 108.4 and replace with the following: “108.4 Payment for Materials Obtained and Stored Acting upon a request from the Contractor and accompanied by bills or receipted bills, the Department will pay for all or part of the value of acceptable, non-perishable Materials that are to be incorporated in the Work, including Materials that are to be incorporated into the Work, not delivered on the Work site, and stored at places acceptable to the Department. Examples of such Materials include steel piles, stone masonry, curbing, timber and lumber, metal Culverts, stone and sand, gravel, and other Materials. The Department will not make payment on living or perishable Materials until acceptably planted in their final locations. If payment for Materials is made to the Contractor based on bills, only, then the Contractor must provide receipted bills to the Department for these Materials within 14 days of the date the Contractor receives payment for the Materials. Failure of the Contractor to provide receipted bills for these Materials within 14 days of the dated the Contractor receives payment will result in the paid amount being withheld from the subsequent progress payment, or payments, until such time the receipted bills are received by the Department. Materials paid for by the Department are the property of the Department, but the risk of loss shall remain with the Contractor. Payment for Materials does not constitute Acceptance of the Material. If Materials for which the Department has paid are later found to be unacceptable, then the Department may withhold amounts reflecting such unacceptable Materials from payments otherwise due the Contractor. In the event of Default, the Department may use or cause to be used all paid-for Materials in any manner that is in the best interest of the Department.” SECTION 109 CHANGES 109.1.1 Changes Permitted Add the following to the end of the paragraph: “There will be no adjustment to Contract Time due to an increase or decrease in quantities, compared to those estimated, except as addressed through Contract Modification(s).” ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 5 of 27 109.1.2 Substantial Changes to Major Items Add the following to the end of the paragraph: “Contract Time adjustments may be made for substantial changes to Major Items when the change affects the Critical Path, as determined by the Department” 109.4.4 Investigation / Adjustment Third sentence, delete the words “subsections - 109.5.1 Definitions - Types of Delays B. Compensable Delay Replace with the following; “a weather related Uncontrollable Event of such an unusually severe nature that a Federal Emergency Disaster is declared. The Contractor will only be entitled to an Equitable Adjustment if the Project falls within the geographic boundaries prescribed under the disaster declaration.” 109.7.2 Basis of Payment Replace with the following: “Adjustments will be established by mutual Agreement based upon Unit or Lump Sum Prices. These agreed Unit or Lump Sum prices will be full compensation and no additions or mark-ups are allowed. If Agreement cannot be reached, the Contractor shall accept payment on a Force Account basis as provided in Section 109.7.5 - Force Account Work, as full and complete compensation for all Work relating to the Equitable Adjustment.” 109.7.3 Compensable Items Delete this Section entirely. 109.7.4 Non-Compensable Items Replace with the following: “The Contractor is not entitled to compensation or reimbursement for any of the following items: A. Total profit or home office overhead in excess of 15%, B. 109.7.5 Force Account Work C. Equipment Paragraph 2, delete sentence 1 which starts; “Equipment leased….” Paragraph 6, change sentence 2 from “The Contractor may furnish…” to read “If requested by the Department, the Contractor will produce cost data to assist the Department in the establishment of such rental rate, including all records that are relevant to the Actual Costs including rental Receipts, acquisition costs, financing documents, lease Agreements, and maintenance and operational cost records.” Add the following paragraph; “Equipment leased by the Contractor for Force Account Work and actually used on the Project will be paid for at the actual invoice amount plus 10% markup for administrative costs.” Add the following section; Subcontractor Work When accomplishing Force Account Work that utilizes Subcontractors, the Contractor will be allowed a maximum markup of 5% for profit and overhead on the Subcontractor’s portion of the Force Account Work. If the Department does not accept the Subcontractor quote, then the Subcontractor work will be subject to the Force Account provisions with a 5% markup for profit & overhead..” ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 6 of 27 SECTION 110 INDEMNIFICATION, BONDING, AND INSURANCE Delete the entire Section 110.2.3 and replace with the following: 110.2.3 Bonding for Landscape Establishment Period The Contractor shall provide a signed, valid, and enforceable Performance, Warranty, or Maintenance Bond complying with the Contract, to the Department at Final Acceptance. The bond shall be in the full amount for all Pay Items for work pursuant to Sec 621, Landscape, payable to the “Treasurer - State of Maine,” and on the Department’s forms, on exact copies thereof, or on forms that do not contain any significant variations from the Department’s forms as solely determined by the Department. The Contractor shall pay all premiums and take all other actions necessary to keep said bond in effect for the duration of the Landscape Establishment Period described in Special Provision 621.0036 - Establishment Period. If the Surety becomes financially insolvent, ceases to be licensed or approved to do business in the State of Maine, or stops operating in the United States, the Contractor shall file new bonds complying with this Section within 10 Days of the date the Contractor is notified or becomes aware of such change. All Bonds shall be procured from a company organized and operating in the United States, licensed or approved to do business in the State of Maine by the State of Maine Department of Business Regulation, Bureau of Insurance, and listed on the latest Federal Department of the Treasury listing for “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.” By issuing a bond, the Surety agrees to be bound by all terms of the Contract, including those related to payment, time for performance, quality, warranties, and the Department’s self- help remedy provided in Section 112.1 - Default to the same extent as if all terms of the Contract are contained in the bond(s). Regarding claims related to any obligations covered by the bond, the Surety shall provide, within 60 Days of Receipt of written notice thereof, full payment of the entire claim or written notice of all bases upon which it is denying or contesting payment. Failure of the Surety to provide such notice within the 60-day period constitutes the Surety’s waiver of any right to deny or contest payment and the Surety’s acknowledgment that the claim is valid and undisputed. SECTION 202 REMOVING STRUCTURES AND OBSTRUCTIONS 202.02 Removing Buildings Make the following change to the last sentence in the final paragraph, change “…Code of Maine Regulations 401.” to “…Department of Environmental Protection Maine Solid Waste Management Rules, 06-096 CMR Ch. 401, Landfill Siting, Design and Operation.” ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 7 of 27 SECTION 203 EXCAVATION AND EMBANKMENT 203.01 Description Under b. Rock Excavation; add the following sentence: “The use of perchlorate is not allowed in blasting operations.” Delete the entire Section 203.041 and replace with the following: “203.041 Salvage of Existing Hot Mix Asphalt Pavement All existing hot mix asphalt pavement designated to be removed under this contract must be salvaged for utilization. Existing hot mix asphalt pavement material shall not be deposited in any waste area or be placed below subgrade in any embankment. Methods of utilization may be any of the following: 1. Used as a replacement for untreated aggregate surface course on entrances provided the material contains no particles greater than 50 mm [2 in] in any dimension. Payment will be made under Pay Item 411.09, Untreated Aggregate Surface Course or 411.10, Untreated Aggregate Surface Course, Truck Measure. Material shall be placed, shaped, compacted and stabilized as directed by the Resident. 2. Used as the top 3” of gravel. Recycled Asphalt Pavement (RAP) shall be process to 1½” minus and blending will not be allowed. When this method is utilized, a surcharge will not be required 3. Stockpiled at commercial or approved sites for commercial or MaineDOT use. 4. Other approved methods proposed by the Contractor, and approved by the Resident which will assure proper use of the existing hot mix asphalt pavement. The cost of salvaging hot mix asphalt material will be included for payment under the applicable pay item, with no additional allowances made, which will be full compensation for removing, temporarily stockpiling, and rehandling, if necessary, and utilizing the material in entrances or other approved uses, or stockpiling at an approved site as described above. The material will also be measured and paid for under the applicable Pay Item if it is reused for aggregate in entrances, or other approved uses.” SECTION 502 STRUCTURAL CONCRETE 502.05 Composition and Proportioning; TABLE NOTE third sentence; Change “…alcohol based saline sealer…” to “alcohol based silane sealer…”. Add NOTE #6 to Class S Concrete. 502.0502 Quality Assurance Method A - Rejection by Resident Change the first sentence to read: “For an individual sublot with test results failing to meet the criteria in Table or if the calculated pay factor for Air Content is less than 0.80……” ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 8 of 27 502.0503 Quality Assurance Method B - Rejection by Resident Change the first sentence to read: “For material represented by a verification test with test results failing to meet the criteria in Table the Department will……” 502.0505 Resolution of Disputed Acceptance Test Results Combine the second and third sentence to read: “Circumstances may arise, however, where the Department may 502.10 Forms and False work D. Removal of Forms and False work First paragraph; first, second, and third sentence; replace “forms” with “forms and false work” 502.11 Placing Concrete G. Concrete Wearing Surface and Structural Slabs on Precast Superstructures Last paragraph; third sentence; replace “The temperature of the concrete shall not exceed 24° C [75° F} at the time of placement.” with “The temperature of the concrete shall not exceed 24° C [75° F} at the time the concrete is placed in its final position.” 502.15 Curing Concrete First paragraph; replace the first sentence with the following; “All concrete surfaces shall be kept wet with clean, fresh water for a curing period of at least 7 days after concrete placing, with the exception of vertical surfaces as provided for in Section 502.10 - Removal of Forms and False work.” Second paragraph; delete the first two sentences. Third paragraph; delete the entire paragraph which starts “When the ambient temperature….” Fourth paragraph; delete “approved” to now read “…continuously wet for the entire curing period…” Fifth paragraph; second sentence; change “…as soon as it is possible to do so without damaging the concrete surface.” to “…as soon as possible.” Seventh paragraph; first sentence; change “…until the end of the curing period.” to “…until the end of the curing period, except as provided for in Section 502.10(D) - Removal of Forms and False work.” 502.19 Basis of Payment First paragraph, second sentence; add "pier nose armor" to the list of items included in the contract price for concrete. SECTION 503 REINFORCING STEEL 503.06 Placing and Fastening Change the second paragraph, first sentence from: “All tack welding shall be done in accordance with Section 504, Structural Steel.” to “All tack welding shall be done in accordance with AWS D1.4 Structural Welding Code - Reinforcing Steel.” SECTION 504 STRUCTURAL STEEL 504.09 Facilities for Inspection Add the follow as the last paragraph: “Failure to comply with the above requirements will be consider to be a denial to allow access to work by the Contractor. The Department will reject any work done when access for inspection is denied.” ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 9 of 27 504.18 Plates for Fabricated Members Change the second paragraph, first sentence from: “…ASTM A 898/A 898 to “…ASTM A 898/A 898 M or ASTM A 435/A 435 M as applicable and…” 504.31 Shop Assembly Add the following as the last sentence: “The minimum assembly length shall include bearing centerlines of at least two substructure units.” 504.64 Non Destructive Testing-Ancillary Bridge Products and Support Structures Change the third paragraph, first sentence from “One hundred percent…” to “Twenty five percent…” SECTION 535 PRECAST, PRESTRESSED CONCRETE SUPERSTRUCTURE 535.02 Materials Change “Steel Strand for Concrete Reinforcement” to “Steel Strand.” Add the following to the beginning of the third paragraph; “Concrete shall be Class P conforming to the requirements in this section. 28 day compressive strength shall be as stated on the plans. Coarse aggregate….” 535.05 Inspection Facilities Add the follow as the last paragraph: “If the above requirements are not met, the Contractor shall be considered to be in violation of Standard Specification 104.2.5 – Right to Inspect Work. All work occurring during a violation of this specification will be rejected.” 535.26 Lateral Post-Tensioning Replace the first paragraph; “A final tension…” with “Overstressing strands for setting losses cannot be accomplished for chuck to chuck of 7.6 m [25 ft] and less. In such instances, refer to the Plans for all materials and methods. Otherwise, post-tensioning shall be in accordance with PCI standards and shall provide the anchorage force noted in the Plans. The applied jacking force shall be no less than 100% of the design jacking force.” SECTION 603 PIPE CULVERTS AND STORM DRAINS 603.0311 Corrugated Polyethylene Pipe for Option III Replace the Minimum Mandrel Diameter Table with the following: Nominal Size US Customary (in) Minimum Mandrel Diameter (in) Nominal Size Metric (mm) Minimum Mandrel Diameter (mm) 12 11.23 300 280.73 15 14.04 375 350.91 18 16.84 450 421.09 24 22.46 600 561.45 30 28.07 750 701.81 36 33.69 900 842.18 42 39.30 1050 982.54 48 44.92 1200 1122.90 SECTION 604 ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 10 of 27 MANHOLES, INLETS, AND CATCH BASINS 604.02 Materials Add the following: “Tops and Traps 712.07 Corrugated Metal Units 712.08 Catch Basin and Manhole Steps 712.09” SECTION 605 UNDERDRAINS 605.05 Underdrain Outlets Make the following change: In the first paragraph, second sentence, delete the words “metal pipe”. SECTION 606 GUARDRAIL 606.02 Materials Delete the entire paragraph which reads “The sole patented supplier of multiple mailbox….” and replace with “Acceptable multiple mailbox assemblies shall be listed on the Department’s Approved Products List and shall be 350 tested and approved.” Delete the entire paragraph which reads “Retroreflective beam guardrail delineators….” and replace with “Reflectorized sheeting for Guardrail Delineators shall meet the requirements of Section 719.01 - Reflective Sheeting. Delineators shall be fabricated from high-impact, ultraviolet and weather resistant thermoplastic. 606.09 Basis of Payment First paragraph; delete the second and third sentence in their entirety and replace with “Butterfly-type guardrail reflectorized delineators shall be mounted on all W- beam guardrail at an interval of every 10 posts [62.5 ft] on tangents sections and every 5 posts [31.25 ft] on curved sections as directed by the Resident. On divided highways, the delineators shall be yellow on the left hand side and silver/white on the right hand side. On two-way roadways, the delineators shall be silver/white on the right hand side. All delineators shall have retroreflective sheeting applied to only the traffic facing side. Reflectorized guardrail delineators will not be paid for directly, but will be considered incidental to the guardrail items.” SECTION 609 CURB 609.04 Bituminous Curb Delete the requirement “Color Natural (White)” SECTION 610 STONE FILL, RIPRAP, STONE BLANKET, AND STONE DITCH PROTECTION Add the following paragraph to Section 610.02: “Materials shall meet the requirements of the following Sections of Special Provision 703: ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 11 of 27 Stone Fill 703.25 Plain and Hand Laid Riprap 703.26 Stone Blanket 703.27 Heavy Riprap 703.28 Definitions 703.32” Add the following paragraph to Section 610.032.a. “Stone fill and stone blanket shall be placed on the slope in a well-knit, compact and uniform layer. The surface stones shall be chinked with smaller stone from the same source.” Add the following paragraph to Section 610.032.b: “Riprap shall be placed on the slope in a well-knit, compact and uniform layer. The surface stones shall be chinked with smaller stone from the same source.” Add the following to Section 610.032: “Section 610.032.d. The grading of riprap, stone fill, stone blanket and stone ditch protection shall be determined by the Resident by visual inspection of the load before it is dumped into place, or, if ordered by the Resident, by dumping individual loads on a flat surface and sorting and measuring the individual rocks contained in the load. A separate, reference pile of stone with the required gradation will be placed by the Contractor at a convenient location where the Resident can see and judge by eye the suitability of the rock being placed during the duration of the project. The Resident reserves the right to reject stone at the job site or stockpile, and in place. Stone rejected at the job site or in place shall be removed from the site at no additional cost to the Department.” SECTION 615 LOAM 615.02 Materials Make the following change: Organic Content Percent by Volume Humus - 10%”, as determined by Ignition Test SECTION 618 SEEDING 618.01 Description Change the first sentence to read as follows: “This work shall consist of furnishing and applying seed Also remove “,and cellulose fiber mulch” from 618.01(a). 618.03 Rates of Application In 618.03(a), remove the last sentence and replace with the following: “These rates shall apply to Seeding Method 2, 3, and Crown Vetch.” In 618.03(c) “1.8 kg [4 lb]/unit.” to “1.95 kg [4 lb]/unit.” 618.09 Construction Method In 618.09(a) 1, sentence two, replace “100 mm [4 in]” with “25 mm [1 in] (Method 1 areas) and 50 mm [2 in] (Method 2 areas)” 618.15 Temporary Seeding Change the Pay Unit from Unit to Kg [lb]. ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 12 of 27 SECTION 620 GEOTEXTILES 620.03 Placement Section Title: Replace “Non-woven” in title with “Erosion Control”. First Paragraph: Replace first word “Non-woven” with “Woven monofilament”. Second Paragraph: Replace second word “Non-woven” with “Erosion Control”. 620.07 Shipment, Storage, Protection and Repair of Fabric Section Replace the second sentence with the following: “Damaged geotextiles, as identified by the Resident, shall be repaired immediately.” 620.09 Basis of Payment Pay Item 620.58: Replace “Non-woven” with “Erosion Control” Pay Item 620.59: Replace “Non-woven” with “Erosion Control” SECTION 621 LANDSCAPING 621.0036 Establishment Period In paragraph 4 and 5, change “time of Final Acceptance” to “end of the period of establishment”. In Paragraph 7, change “Final Acceptance date” to ““end of the period of establishment” and change “date of Final Acceptance” to “end of the period of establishment”. SECTION 626 HIGHWAY SIGNING 626.034 Concrete Foundations Add to the following to the end of the second paragraph: “Pre- cast and cast-in-place foundations shall be warranteed against leaning and corrosion for two years after the project is completed. If the lean is greater than 2 degrees from normal or the foundation is spalling within the first two years, the Contractor shall replace the foundation at no extra cost.” SECTION 627 PAVEMENT MARKINGS 627.10 Basis of Payment Add to the following to the end of the third paragraph: “If allowed by Special Provision, the Contractor may utilize Temporary Bi-Directional Yellow and White(As required) Delineators as temporary pavement marking lines and paid for at the contract lump sum price. Such payment will include as many applications as required and removal.” SECTION 637 DUST CONTROL 637.06 Basis of Payment Add the following after the second sentence of the third paragraph: “Failure by the Contractor to follow Standard Specification or Special Provision - Section 637 ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 13 of 27 and/or the Contractor’s own Soil Erosion and Pollution Control Plan concerning Dust Control and/or the Contractor’s own Traffic Control Plan concerning Dust Control and/or visible evidence of excessive dust problems, as determined by the Resident, will result in a reduction in payment, computed by reducing the Lump Sum Total by 5% per occurrence per day. The Department’s Resident or any other representative of the Department reserves the right to suspend the work at any time and request a meeting to discuss violations and remedies. The Department shall not be held responsible for any delay in the work due to any suspension under this item. Additional penalties may also be assessed in accordance with Special Provision 652 - Work Zone Traffic Control and Standard Specification 656 - Temporary Soil Erosion and Water Pollution Control.” SECTION 639 ENGINEERING FACILITIES 639.04 Field Offices Change the forth to last paragraph from: “The Contractor shall provide a fully functional desktop copier…” to “….desktop copier/scanner…” Description Change “Floor Area” to “Floor Area (Outside Dimension)”. Change Type B floor area from “15 (160)” to “20 (217)”. 639.09 Telephone Paragraph 1 is amended as follows: “The contractor shall provide two telephone lines and two telephones,….” Add- “In addition the contractor will supply one computer broadband connection, modem lease and router. The router shall have wireless access and be 802.11n or 802.11g capable and wireless. The type of connection supplied will be contingent upon the availability of services (i.e. DSL or Cable Broadband). It shall be the contractor’s option to provide dynamic or static IP addresses through the service. The selected service will have a minimum connection of 1.5 Mbps and 384 Kbps upstream. The contractor shall be responsible for the installation charges and all reinstallation charges following suspended periods. service and maintenance charges shall be billed by the Internet Service Provider (ISP) directly to the contractor.” SECTION 652 MAINTENANCE OF TRAFFIC 652.2.3 Flashing Arrow Board Delete the existing 5 paragraphs and replace with the following: Flashing Arrow Panels (FAP) must be of a type that has been submitted to AASHTO’s National Transportation Product Evaluation Program (NTPEP) for evaluation and placed on the Maine Department of Transportations’ Approved Products List of Portable Changeable Message Signs & Flashing Arrow Panels. FAP units shall meet requirements of the current Manual on Uniform Traffic Control Devices (MUTCD) for Type panels as described in Section 6F.56 - Temporary Traffic Control Devices. An FAP shall have matrix of a minimum of 15 low-glare, sealed beam, Par 46 elements capable of either flashing or sequential displays as well as the various operating modes as described in the MUTCD, Chapter 6-F. If an FAP consisting of a bulb matrix is used, each element should be recess-mounted or equipped with an upper hood of not less than 180 ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 14 of 27 degrees. The color presented by the elements shall be yellow. FAP elements shall be capable of at least a 50 percent dimming from full brilliance. Full brilliance should be used for daytime operation and the dimmed mode shall be used for nighttime operation. FAP shall be at least 2.4 M x 1.2 M [96” x 48”] and finished in non- reflective black. The FAP shall be interpretable for a distance not less than 1.6 km [1 mile]. Operating modes shall include, flashing arrow, sequential arrow, sequential chevron, flashing double arrow, and flashing caution. In the three arrow signals, the second light from the arrow point shall not operate. The minimum element on-time shall be 50 percent for the flashing mode, with equal intervals of 25 percent for each sequential phase. The flashing rate shall be not less than 25 nor more than 40 flashes per minute. All on-board circuitry shall be solid state. Primary power source shall be 12 volt solar with a battery back-up to provide continuous operation when failure of the primary power source occurs, up to 30 days with fully charged batteries. Batteries must be capable of being charged from an onboard 110 volt AC power source and the unit shall be equipped with a cable for this purpose. Controller and battery compartments shall be enclosed in lockable, weather-tight boxes. The FAP shall be mounted on a pneumatic-tired trailer or other suitable support for hauling to various locations, as directed. The minimum mounting height of an arrow panel should be 2.1 M [7 feet] from the roadway to the bottom of the panel. The face of the trailer shall be delineated on a permanent basis by affixing retro-reflective material, known as conspicuity material, in a continuous line as seen by oncoming drivers. A portable changeable message sign may be used to simulate an arrow panel display.” 652.2.4 Other Devices Delete the last paragraph and add the following: “652.2.5 Portable Changeable Message Sign Trailer mounted Portable Changeable Message Signs (PCMS) must be of a type that has been submitted to AASHTO’s National Transportation Product Evaluation Program (NTPEP) for evaluation and placed on the Maine Department of Transportations’ Approved Products List of Portable Changeable Message Signs & Flashing Arrow Panels. The PCMS unit shall meet or exceed the current specifications of the Manual on Uniform Traffic Control Devices (MUTCD), 6F.55. The front face of the sign should be covered with a low-glare protective material. The color of the LED elements shall be amber on a black background. The PCMS should be visible from a distance of 0.8 km [0.5 mile] day and night and have a minimum 15º viewing angle. Characters must be legible from a distance of at least 200 M [650 feet]. The message panel should have adjustable display rates (minimum of 3 seconds per phase), so that the entire message can be read at least twice at the posted speed, the off-peak 85th- percentile speed prior to work starting, or the anticipated operating speed. Each message shall consist of either one or two phases. A phase shall consist of up to eight characters per line. The unit must be capable of displaying at least three lines of text with eight characters per line. ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 15 of 27 Each character shall be 457 mm [18”] high. Each character module shall use at least a five wide and seven high pixel matrix. The text of the messages shall not scroll or travel horizontally or vertically across the face of the sign. Units shall automatically adjust their brightness under varying light conditions to maintain legibility. The control system shall include a display screen upon which messages can be reviewed before being displayed on the message sign. The control system shall be capable of maintaining memory when power is unavailable. Message must be changeable with either a notebook computer or an on-board keypad. The controller shall have the capability to store a minimum of 200 user-defined and 200 pre-programmed messages. Controller and battery compartments shall be enclosed in lockable, weather-tight boxes. PCMS units shall have the capability of being made programmable by means of wireless communications. PCMS units shall also be fully capable of having an on-board radar system installed if required for a particular application. PCMS’ primary power source shall be solar with a battery back-up to provide continuous operation when failure of the primary power source occurs. Batteries must be capable of being charged from a 110 volt AC power source. The unit must also be capable of being operated solely from a 110 volt AC power source and be equipped with a cable for this purpose. The PCMS shall be mounted on a trailer in such a way that the bottom of the message sign panel shall be a minimum of 2.1 M [7 ft] above the roadway in urban areas and 1.5 M [5 ft] above the roadway in rural areas when it is in the operating mode. PCMS trailers should be of a heavy duty type with a 51 mm ball hitch and a minimum of four leveling jacks (at each corner). The sign shall be capable of being rotated 360° relative to the trailer. The face of the trailer shall be delineated on a permanent basis by affixing retro-reflective material, known as conspicuity material, in a continuous line as seen by oncoming drivers.” 652.3.3 Submittal of Traffic Control Plan In item e. change “A list of all certified flaggers…” to “A list of all the Contractor’s certified flaggers…” Change a. in the list of requirements to: The name, telephone number, and other contact numbers (cellular phone, pager, if any) of the Contractor's Traffic Control Supervisor (the person with overall responsibility for following the TCP), who has received Work Zone Traffic Control Training commensurate with the level of responsibility shown in the requirements of the Contract, and who is empowered to immediately resolve any work zone traffic control deficiencies or issues. Provide documentation that the Traffic Control Supervisor has completed a Work Zone Traffic Control Training Course (AGC, ATSSA, or other industry- recognized training), and a Supervisory refresher training every 5 years thereafter. Submit the course name, training entity, and date of training. Traffic Control Training Course curriculum must be based on the standards and guidelines of the MUTCD and must include, at a minimum, the following: 1. Parts of Temporary Traffic Control Zone 2. Appropriate use and spacing of signs 3. Use and spacing of channelizing devices ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 16 of 27 4. Flagging basics 5. Typical examples and applications The Traffic Control Supervisor, or designee directly overseeing physical installation, adjustment, and dismantling of work zone traffic control, will ensure all personnel performing those activities are trained to execute the work in a safe and proper manner, in accordance with their level of decision-making and responsibility.” Add the follow to the list of requirements: The plan for unexpected nighttime work along with a list of emergency nighttime equipment available on-site.” In the last paragraph add the following as the second sentence: “The Department will review and provide comments to the Contractor within 14 days of receipt of the TCP.” Add the following as the last sentence: “The creation and modification of the TCP will be considered incidental to the related 652 items.” 652.3.5 Installation of Traffic Control Devices In the first paragraph, first sentence; change “Signs shall be erected…” to “Portable signs shall be erected..” In the third sentence; change “Signs must be erected so that the sign face…” to “Post-mounted signs must also be erected so that the sign face…” 652.4 Flaggers Replace the first paragraph with the following; “The Contractor shall furnish flaggers as required by the TCP or as otherwise specified by the Resident. All flaggers must have successfully completed a flagger test approved by the Department and administered by a Department-approved Flagger-Certifier who is employing that flagger. All flaggers must carry an official certification card with them while flagging that has been issued by their employer. Flaggers shall wear safety apparel meeting ANSI 107-2004 Class 2 risk exposure that clearly identifies the wearer as a person, and is visible at a minimum distance of 300 m [1000 ft], and shall wear a hardhat with 360° retro-reflectivity. For nighttime conditions, Class 3 apparel, meeting ANSI 107-2004, shall be worn along with a hardhat with 360° retro-reflectivity. Retro-reflective or flashing SLOW/STOP paddles shall be used, and the flagger station shall be illuminated to assure visibility in accordance with 652.6.2.” Second paragraph, first sentence; change “…have sufficient distance to stop before entering the workspace.” to “…have sufficient distance to stop at the intended stopping point.” Third sentence; change “At a spot obstruction…” to “At a spot obstruction with adequate sight distance,…” Fourth paragraph, delete and replace with “Flaggers shall be provided as a minimum, a 10 minute break, every 2 hours and a 30 minute or longer lunch period away from the work station. Flaggers may only receive 1 unpaid break per day; all other breaks must be paid. Sufficient certified flaggers shall be available onsite to provide for continuous flagging operations during break periods. If the flaggers are receiving the appropriate breaks, breaker flagger(s) shall be paid starting 2 hours after the work begins and ending 2 hours before the work ends. A maximum of 1 breaker per 6 flaggers will be paid. (1 breaker flagger for 2 to 6 flaggers, 2 breaker flaggers for 7 to 12 flaggers, etc)” Add the following: “652.5.1 Rumble Strip Crossing When lane shifts or lane closures require traffic to cross a permanent longitudinal rumble strip for 7 calendar days or less, the Contractor shall install ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 17 of 27 warning signs that read “RUMBLE STRIP CROSSING” with a supplemental Plaque, (W8-15P). When lane shifts or lane closures require traffic to cross a permanent longitudinal rumble strip for more than 7 calendar days, the Contractor shall pave in the rumble strips in the area that traffic will cross, unless otherwise directed by the Resident. Rumble strips shall be replaced prior to the end of the project, when it is no longer necessary to cross them.” 652.6 Nightwork Delete this section entirely and replace with the following: “652.6.1 Daylight Work Times Unless otherwise described in the Contract, the Contractor is allowed to commence work and end work daily according to the Sunrise/Sunset Table at: http://www.sunrisesunset.com/usa/Maine.asp . If the Project town is not listed, the closest town on the list will be used as agreed at the Preconstruction Meeting. Any work conducted before sunrise or after sunset will be considered Night Work. 652.6.2 Night Work When Night Work occurs (either scheduled or unscheduled), the Contractor shall provide and maintain lighting on all equipment and at all work stations. The lighting facilities shall be capable of providing light of sufficient intensity to permit good workmanship, safety and proper inspection at all times. The lighting shall be cut off and arranged on stanchions at a height that will provide perimeter lighting for each piece of equipment and will not interfere with traffic, including commercial vehicles, approaching the work site from either direction. The Contractor shall have available portable floodlights for special areas. The Contractor shall utilize padding, shielding or other insulation of mechanical and electrical equipment, if necessary, to minimize noise, and shall provide sufficient fuel, spare lamps, generators, etc. to maintain lighting of the work site. The Contractor shall submit, as a subset of the Traffic Control Plan, a lighting plan at the Preconstruction Conference, showing the type and location of lights to be used for night work. The Resident may require modifications be made to the lighting set up in actual field conditions. Prior to beginning any Night Work, the Contractor shall furnish a light meter for the Residents use that is capable of measuring the range of light levels from 5 to 20 foot-candles. Horizontal illumination, for activities on the ground, shall be measured with the photometer parallel to the road surface. For purposes of roadway lighting, the photometer is placed on the pavement. Vertical illumination, for overhead activities, shall be measured with the photometer perpendicular to the road surface. Measurements shall be taken at the height and location of the overhead activity. Night Work lighting requirements: ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 18 of 27 Mobile Operations: For mobile-type operations, each piece of equipment (paver, roller, milling machine, etc) will carry indirect (i.e. balloon type) lights capable of producing at least 10 foot- candles of lighting around the work area of the equipment. Fixed Operations: For fixed-type operations (flaggers, curb, bridge, pipes, etc.), direct (i.e. tower) lighting will be utilized capable of illuminating the work area with at least 10 foot- candles of light. Hybrid Operations: For hybrid-type operations (guardrail, sweeping, Inslope excavation, etc.), either direct or indirect lighting may be utilized. The chosen lights must be capable of producing at least 10 foot-candles of light around the work area of the equipment Inspection Operations: Areas required to be inspected by the Department will require a minimum of 5 foot-candles of lighting. This may be accomplished through direct or indirect means. All workers shall wear safety apparel labeled as meeting the ANSI 107-2004 standard performance for Class 3 risk exposure. The Contractor shall apply 2- inch wide retro-reflective tape, with alternating red and white segments, to outline the front back and sides of construction vehicles and equipment, to define their shape and size to the extent practicable. Pickup trucks and personal vehicles are exempt from this requirement. The Contractor shall furnish approved signs reading "Construction Vehicle - Keep Back" to be used on trucks hauling to the project when such signs are deemed necessary by the Resident. The signs shall be a minimum of 30 inches by 60 inches, Black and Orange, ASTM D 4956 - Type VII, Type VIII, or Type IX (prismatic). All vehicles used on the project, including pickup trucks and personal vehicles, shall be equipped with amber flashing lights, visible from both front and rear, or by means of single, approved type, revolving, flashing or strobe lights mounted so as to be visible 360º. The vehicle flashing system shall be in continuous operation while the vehicle is on any part of the project. The Resident or any other representative of the Department reserves the right to suspend the work at any time and request a meeting to discuss violations and remedies. The Department shall not be held responsible for any delay in the work due to any suspension under this item. Failure to follow the approved Lighting Plan will result in a Traffic Control violation. Payment for lighting, vehicle mounted signs and other costs accrued because of night work will not be made directly but will be considered incidental to the related contract items.” 652.8.2 Other Items Replace the first paragraph with the following: “The accepted quantities of flagger hours will be paid for at the contract unit price per hour for each flagging station occupied excluding lunch breaks, and for each approved breaker flagger. Overtime hours, as reported on the certified payrolls, will be paid an additional 30% of the bid price for 652.38. The computation and additional payment for overtime hours will occur during the project close-out process and will be paid as additional hours of 652.38 to the nearest ¼ hour. The ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 19 of 27 contract unit price shall be full compensation for hiring, transporting, equipping, supervising, and the payment of flaggers and all overhead and incidentals necessary to complete the work.” Replace the last paragraph with the following: “There will be no payment made under any 652 pay items after the expiration of the adjusted total contract time.” SECTION 653 PLASTIC INSULATION 653.05 Placing Backfill In the second sentence; change “…shall be not less than 150 mm [6 in] loose measure.” to “…shall be not less than 250 mm [10 in] loose measure.” In the third sentence; change “…crawler type bulldozer of not more than 390 kg/m2 [80 lb/ft2] ground contact pressure…” to “…crawler type bulldozer of not more than 4875 kg/m2 [2000 lb/ft2] ground contact pressure…” 653.06 Compaction In the last sentence; change “…not more than 390 kg/m2 [80 lb/ft2] ground contact…” to “…not more than 4875 kg/m2 [2000 lb/ft2] ground contact…” SECTION 656 TEMPORARY SOIL EROSION AND WATER POLLUTION CONTROL 656.5.1 If Pay Item 656.75 Provided Replace the second paragraph with the following: “Failure by the Contractor to follow Standard Specification or Special Provision - Section 656 and/or the Contractor’s own Soil Erosion and Pollution Control Plan will result in a reduction in payment, computed by reducing the Lump Sum Total by 5% per occurrence per day. The Department’s Resident or any other representative of the Department reserves the right to suspend the work at any time and request a meeting to discuss violations and remedies. The Department shall not be held responsible for any delay in the work due to any suspension under this item.” SECTION 701 STRUCTURAL CONCRETE RELATED MATERIALS 701.10 Fly Ash - Chemical Requirements Change all references from “ASTM C311” to “ASTM C114”. SECTION 703 AGGREGATES 703.05 Aggregate for Sand Leveling Change the percent passing the 9.5 mm [3/8 in] sieve from “85 – 10” to “85 – 100” 703.06 Aggregate for Base and Subbase Delete the first paragraph: “The material shall have…” and replace with “The material shall have a minimum degradation value of 15 as determined by Washington State DOT Test Method T113, Method of Test for Determination of Degradation Value (January 2009 version), except that the reported degradation value will be the result of testing a single specimen from that portion of a sample that passes the 12.5 mm [½ in] sieve and is retained on the 2.00 mm [No. 10] sieve, minus any reclaimed asphalt pavement used." ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 20 of 27 703.07 Aggregates for HMA Pavements Delete the forth paragraph: “The composite blend shall have…” and replace with “The composite blend, minus any reclaimed asphalt pavement used, shall have a Micro-Deval value of 18.0 or less as determined by AASHTO T 327. In the event the material exceeds the Micro Deval limit, a Washington Degradation test shall be performed. The material shall be acceptable if it has a value of 30 or more as determined by Washington State DOT Test Method T 113, Method of Test for Determination of Degradation Value (January 2009 version) except that the reported degradation value will be the result of testing a single composite specimen from that portion of the sample that passes the 12.5mm [1/2 inch] sieve and is retained on the 2.00mm [No 10] sieve, minus any reclaimed asphalt pavement used." 703.09 HMA Mixture Composition The coarse and fine aggregate shall meet the requirements of Section 703.07. The several aggregate fractions for mixtures shall be sized, graded, and combined in such proportions that the resulting composite blends will meet the grading requirements of the following table. AGGREGATE GRADATION CONTROL POINTS Nominal Maximum Aggregate Size---Control Points (Percent Passing) SIEVE SIZE TYPE 25 mm TYPE 19 mm TYPE 12.5 mm TYPE 9.5 mm TYPE 4.75 mm PERCENT BY WEIGHT PASSING - COMBINED AGGREGATE 37.5 mm 100 25 mm 90-100 100 19 mm -90 90-100 100 12.5 mm -90 90-100 100 100 9.5 mm - -90 90-100 95-100 4.75 mm - - -90 80-100 2.36 mm 19-45 23-49 28-58 32-67 40 - 80 1.18 mm - - - - 600 μm - - - - 300 μm - - - - 75 μm 1-7 2-8 2-10 2-10 2-10 Gradation Classification---- The combined aggregate gradation shall be classified as coarse- graded when it passes below the Primary Control Sieve (PCS) control point as defined in the following table. All other gradations shall be classified as fine-graded. GRADATION CLASSIFICATION PCS Control Point for Mixture Nominal Maximum Aggregate Size passing) Nominal Maximum Aggregate Size TYPE 25 mm TYPE 19 mm TYPE 12.5 mm TYPE 9.5 mm Primary Control Sieve 4.75 mm 4.75 mm 2.36 mm 2.36 mm PCS Control Point passing) 40 47 39 47 ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 21 of 27 If a Grading mixture is allowed per Special Provision Section 403, it shall meet the following gradation and the aggregate requirements of Section 703.07. Sieve Percentage by Weight Designation Passing Square Mesh Sieves ½ inch 100 ⅜ inch 93-100 No. 4 60-80 No. 8 46-65 No. 16 25-55 No. 30 16-40 No. 50 10-30 No. 100 6-22 No. 200 3.0-8.0 703.18 Common Borrow Replace the first paragraph with the following: “Common borrow shall consist of earth, suitable for embankment construction. It shall be free from frozen material, perishable rubbish, peat, and other unsuitable material including material currently or previously contaminated by chemical, radiological, or biological agents unless the material is from a DOT project and authorized by DEP for use.” 703.22 Underdrain Backfill Material Change the first paragraph from “…for Underdrain Type to “…for Underdrain Type B and Replace subsections 703.25 through 703.28 with the following: “703.25 Stone Fill Stones for stone fill shall consist of hard, sound, durable rock that will not disintegrate by exposure to water or weather. Stone for stone fill shall be angular and rough. Rounded, subrounded, or long thin stones will not be allowed. Stone for stone fill may be obtained from quarries or by screening oversized rock from earth borrow pits. The maximum allowable length to thickness ratio will be 3:1. The minimum stone size (10 lbs) shall have an average dimension of 5 inches. The maximum stone size (500 lbs) shall have a maximum dimension of approximately 36 inches. Larger stones may be used if approved by the Resident. Fifty percent of the stones by volume shall have an average dimension of 12 inches (200 lbs). 703.26 Plain and Hand Laid Riprap Stone for riprap shall consist of hard, sound durable rock that will not disintegrate by exposure to water or weather. Stone for riprap shall be angular and rough. Rounded, subrounded or long thin stones will not be allowed. The maximum allowable length to width ratio will be 3:1. Stone for riprap may be obtained from quarries or by screening oversized rock from earth borrow pits. The minimum stone size (10 lbs) shall have an average dimension of 5 inches. The maximum stone size (200 lbs) shall have an average dimension of approximately 12 inches. Larger stones may be used if approved by the Resident. Fifty percent of the stones by volume shall have an average dimension greater than 9 inches (50 lbs). 703.27 Stone Blanket Stones for stone blanket shall consist of sound durable rock that will not disintegrate by exposure to water or weather. Stone for stone blanket shall be angular and rough. Rounded or subrounded stones will not be allowed. Stones may be obtained from ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 22 of 27 quarries or by screening oversized rock from earth borrow pits. The minimum stone size (300 lbs) shall have minimum dimension of 14 inches, and the maximum stone size (3000 lbs) shall have a maximum dimension of approximately 66 inches. Fifty percent of the stones by volume shall have average dimension greater than 24 inches (1000 lbs). 703.28 Heavy Riprap Stone for heavy riprap shall consist of hard, sound, durable rock that will not disintegrate by exposure to water or weather. Stone for heavy riprap shall be angular and rough. Rounded, subrounded, or thin, flat stones will not be allowed. The maximum allowable length to width ratio will be 3:1. Stone for heavy riprap may be obtained from quarries or by screening oversized rock from earth borrow pits. The minimum stone size (500 lbs) shall have minimum dimension of 15 inches, and at least fifty percent of the stones by volume shall have an average dimension greater than 24 inches (1000 lbs).” Add the following paragraph: “703.32 Definitions (ASTM D 2488, Table Angular: Particles have sharp edges and relatively plane sides with unpolished surfaces Subrounded: Particles have nearly plane sides but have well-rounded corners and edges Rounded: Particles have smoothly curved sides and no edges” SECTION 706 NON-METALLIC PIPE 706.06 Corrugated Polyethylene Pipe for Underdrain, Option I and Option III Culvert Pipe Change the first sentence from “…300 mm diameters to 900 mm” to “…300 mm diameters to 1200 mm” Delete, in its’ entirety, the last sentence which begins “This pipe and resins…” and replace with the following; “Manufacturers of corrugated polyethylene pipe must participate in, and maintain compliance with, AASHTO's National Transportation Product Evaluation Program (www.ntpep.org) which audits producers of plastic pipe. A certificate of compliance must be provided with each shipment.” SECTION 708 PAINTS AND PERSERVATIVES 708.03 Pavement Marking Paint Change the first sentence from “…AASHTO M248” to “…the Maine DOT Maintenance Fast-Dry Water-Based Traffic Paint on file at the Traffic Section in Augusta”. Delete, in its’ entirety, the last sentence. SECTION 709 REINFORCING STEEL AND WELDED STEEL WIRE FABIC 709.03 Steel Strand Change the second paragraph from “…shall be 12mm [½ inch] AASHTO M203M/M203 (ASTM A416/A416M)…” to “…shall be 15.24 mm [0.600 inch] diameter AASHTO M203 (ASTM A416)…” SECTION 710 FENCE AND GUARDRAIL 710.03 Chain Link Fabric Add the following sentence: “Chain Link fabric for PVC coated shall conform to the requirements of AASHTO M181, Type IV-Class ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 23 of 27 710.04 Metal Beam Rail Replace with the following: “Galvanized steel rail elements shall conform to the requirements of AASHTO M 180, Class A, Type II. When corrosion resistant steel is specified, rail shall conform to AASHTO M 180, Class A, Type IV. Beams of corrosion resistant steel shall not be painted or galvanized. They shall be so handled and stored that the traffic face of these beams, used in a continuous run of guardrail, shall not show a distinctive color differential. When metal beam rail is to be installed on a curve having a radius of curvature of 150 ft. or less, the beam sections shall be fabricated on an arc to the required radius and permanently stamped or embossed with the designated radius. The engineer may take one piece of guardrail, a backup plate, and end or buffer section from each 200 pieces in a lot, or from each lot if less than 200 pieces are included therein for determination of compliance with specification requirements. If one piece fails to conform to the requirements of this specification, two other pieces shall be tested. If either of these pieces fails to conform to the requirements of this specification, the lot of material represented by these samples shall be rejected. A lot shall be considered that quantity of material offered for inspection at one time that bears the same heat and coating identification.” 710.07 Guardrail Posts Section b. change “…AASHTO M183/M183M…” to “…AASHTO M 270M/M 270 Grade 250 SECTION 712 MISCELLANEOUS HIGHWAY MATERIALS 712.04 Stone Curbing and Edging Delete the existing and replace with the following: “Stone for curbing and edging shall be approved granite from acceptable sources. The stone shall be hard and durable, predominantly gray in color, free from seams that would be likely to impair its structural integrity, and of a smooth splitting character. Natural grain size and color variations characteristic of the source deposit will be permitted. Such natural variations may include bands or clusters of mineral provided they do not impair the structural integrity of the curb stone. The Contractor shall submit for approval the name of the quarry that is the proposed source of the granite for curb materials along with full scale color photos of the granite. Such submission shall be made sufficiently in advance of ordering so that the Resident may have an opportunity to judge the stone, both as to quality and appearance. Samples of curbing shall be submitted for approval only when requested by the Resident. The dimensions, shape, and other details shall be as shown on the plans.” 712.06 Precast Concrete Units In the first paragraph, change “…ASTM C478M…” to “…AASHTO M199…” Delete the second paragraph and replace with the following; “Approved structural fibers may be used as a replacement of 6 x 6 #10 gauge welded wire fabric when used at an approved dosage rate for the construction of manhole and catch basin units. The material used shall be one of the products listed on the Maine Department of Transportation’s Approved Product List of Structural Fiber Reinforcement.” Delete the fifth paragraph and replace with the following; “The concrete mix design shall be approved by the Department. Concrete shall contain 6% air content, plus or minus 1½% tolerance when tested according to AASHTO T152. All concrete shall develop a minimum compressive strength of ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 24 of 27 28 MPa [4000 psi] in 28 days when tested according to AASHTO T22. The absorption of a specimen, when tested according to AASHTO T280, Test Method shall not exceed nine percent of the dry mass.” Add the following: “712.07 Tops, and Traps These metal units shall conform to the plan dimensions and to the following specification requirements for the designated materials. Gray iron or ductile iron castings shall conform to the requirements of AASHTO M306 unless otherwise designated.” 712.08 Corrugated Metal Units The units shall conform to plan dimensions and the metal to AASHTO M36/M36M. Bituminous coating, when specified, shall conform to AASHTO M190 Type A. 712.09 Catch Basin and Manhole Steps Steps for catch basins and for manholes shall conform to ASTM C478M [ASTM C478], Section 13 for either of the following material: Aluminum steps-ASTM B221M, [ASTM B211] Alloy 6061-T6 or 6005-T5. Reinforced plastic steps Steel reinforcing bar with injection molded plastic coating copolymer polypropylene. Polypropylene shall conform to ASTM D 4101. 712.23 Flashing Lights Flashing Lights shall be power operated or battery operated as specified. Power operated flashing lights shall consist of housing, adapters, lamps, sockets, reflectors, lens, hoods and other necessary equipment designed to give clearly visible signal indications within an angle of at least 45 degrees and from 3 to 90 m [10 to 300 ft] under all light and atmospheric conditions. Two circuit flasher controllers with a two-circuit filter capable of providing alternate flashing operations at the rate of not less than 50 nor more than 60 flashes per minute shall be provided. The lamps shall be 650 lumens, 120 volt traffic signal lamps with sockets constructed to properly focus and hold the lamp firmly in position. The housing shall have a rotatable sun visor not less than 175 mm [7 in] in length designed to shield the lens. Reflectors shall be of such design that light from a properly focused lamp will reflect the light rays parallel. Reflectors shall have a maximum diameter at the point of contact with the lens of approximately 200 mm [8 in]. The lens shall consist of a round one-piece convex amber material which, when mounted, shall have a visible diameter of approximately 200 mm [8 in]. They shall distribute light and not diffuse it. The distribution of the light shall be asymmetrical in a downward direction. The light distribution of the lens shall not be uniform, but shall consist of a small high intensity portion with narrow distribution for long distance throw and a larger ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 25 of 27 low intensity portion with wide distribution for short distance throw. Lenses shall be marked to indicate the top and bottom of the lens. Battery operated flashing lights shall be self- illuminated by an electric lamp behind the lens. These lights shall also be externally illuminated by reflex-reflective elements built into the lens to enable it to be seen by reflex-reflection of the light from the headlights of oncoming traffic. The batteries must be entirely enclosed in a case. A locking device must secure the case. The light shall have a flash rate of not less than 50 nor more than 60 flashes per minute from minus 30 °C [minus 20 to plus 65 °C [plus 150 The light shall have an on time of not less than 10 percent of the flash cycle. The light beam projected upon a surface perpendicular to the axis of the light beam shall produce a lighted rectangular projection whose minimum horizontal dimension shall be 5 degrees each side of the horizontal axis. The effective intensity shall not have an initial value greater than 15.0 candelas or drop below 4.0 candelas during the first 336 hours of continuous flashing. The illuminated lens shall appear to be uniformly bright over its entire illuminated surface when viewed from any point within an angle of 9 degrees each side of the vertical axis and 5 degrees each side of the horizontal axis. The lens shall not be less than 175 mm [7 in] in diameter including a reflex-reflector ring of 13 mm [½ in] minimum width around the periphery. The lens shall be yellow in color and have a minimum relative luminous transmittance of 0.440 with a luminance of 2854° Kelvin. The lens shall be one-piece construction. The lens material shall be plastic and meet the luminous transmission requirements of this specification. The case containing the batteries and circuitry shall be constructed of a material capable of withstanding abuse equal to or greater than 1.21 mm thick steel [No. 18 U.S. Standard Gage Steel]. The housing and the lens frame, if of metal shall be properly cleaned, degreased and pretreated to promote adhesion. It shall be given one or more coats of enamel which, when dry shall completely obscure the metal. The enamel coating shall be of such quality that when the coated case is struck a light blow with a sharp tool, the paint will not chip or crack and if scratched with a knife will not powder. The case shall be so constructed and closed as to exclude moisture that would affect the proper operation of light. The case shall have a weep hole to allow the escape of moisture from condensation. Photoelectric controls, if provided, shall keep the light operating whenever the ambient light falls below 215 lx [20 foot candles]. Each light shall be plainly marked as to the manufacturer's name and model number. If required by the Resident, certification as to conformance to these specifications shall be furnished based on results of tests made by an independent testing laboratory. All lights are subject to random inspection and testing. All necessary random samples shall be provided to the Resident upon request without cost to the Department. All such samples shall be returned to the Contractor upon completion of the tests. 712.32 Copper Tubing Copper tubing and fittings shall conform to the requirements of ASTM B88M Type A [ASTM B88, Type K] or better. 712.33 Non-metallic Pipe, Flexible Non-metallic pipe and pipe fittings shall be acceptable flexible pipe manufactured from virgin polyethylene polymer suitable for transmitting liquids intended for human or animal consumption. ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 26 of 27 712.34 Non-metallic Pipe, Rigid Non-metallic pipe shall be Schedule 40 (PVC) that meets the requirement of ASTM D1785. Fittings shall be of the same material. 712.341 Metallic Pipe Metallic pipe shall be ANSI, Standard B36.10, Schedule 40 steel pipe conforming to the requirements of ASTM A53 Types E or S, Grade B. End plates shall be steel conforming to ASTM A36/A36M. Both the sleeve and end plates shall be hot dip galvanized. Pipe sleeve splices shall be welded splices with full penetration weld before galvanizing. 712.35 Epoxy Resin Epoxy resin for grouting or sealing shall consist of a mineral filled thixotropic, flexible epoxy resin having a pot life of approximately one hour at 10°C [50°F]. The grout shall be an approved product suitable for cementing steel dowels into the preformed holes of curb inlets and adjacent curbing. The sealant shall be an approved product, light gray in color and suitable for coating the surface. 712.36 Bituminous Curb The asphalt cement for bituminous curb shall be of the grade required for the wearing course, or shall be Viscosity Grade AC-20 meeting the current requirements of Subsection 702.01 Asphalt Cement. The aggregate shall conform to the requirements of Subsection 703.07. The coarse aggregate portion retained on the 2.36 mm [No. 8] sieve may be either crushed rock or crushed gravel. The mineral constituents of the bituminous mixture shall be sized and graded and combined in a composite blend that will produce a stable durable curbing with an acceptable texture. Bituminous material for curb shall meet the requirements of Section 403 - Hot Bituminous Pavement. 712.37 Precast Concrete Slab Portland cement concrete for precast slabs shall meet the requirements of Section 502 - Structural Concrete, Class A. The slabs shall be precast to the dimension shown on the plans and cross section and in accordance with the Standard Detail plans for Concrete Sidewalk Slab. The surface shall be finished with a float finish in accordance with Subsection 502.14(c). Lift devices of sufficient strength to hold the slab while suspended from cables shall be cast into the top or back of the slab. 712.38 Stone Slab Stone slabs shall be of granite from an acceptable source, hard, durable, predominantly gray in color, free from seams which impair the structural integrity and be of smooth splitting character. Natural color variations characteristic of the deposit will be permitted. Exposed surfaces shall be free from drill holes or indications of drill holes. The granite slabs in any one section of backslope must be all the same finish. The granite slabs shall be scabble dressed or sawed to an approximately true plane having no projections or depressions over 13 mm [½ in] under a 600 mm [2 ft] straightedge or over 25 mm [1 in] under a 1200 mm [4 ft] straightedge. The arris at the intersection of the top surface and exposed front face shall be pitched so that the arris line is uniform throughout the length of the installed slabs. The sides shall be square to the exposed face unless the slabs are to be set ---PAGE BREAK--- December 20, 2011 Supersedes November 17, 2011 Page 27 of 27 on a radius or other special condition which requires that the joints be cut to fit, but in any case shall be so finished that when the stones are placed side by side no space more than 20 mm [3/4 in] shall show in the joint for the full exposed height. Liftpin holes in all sides will be allowed except on the exposed face. SECTION 717 ROADSIDE IMPROVEMENT MATERIAL 717.03 C. Method #3 - Roadside Mixture #3 Change the seed proportions to the following: Crown Vetch 25% Perennial Lupine 25% Red Clover 12.5% Annual Rye 37.5% 717.05 Mulch Binder Change the third sentence to read as follows: “Paper fiber mulch may be used as a binder at the rate of 2.3 kg/unit [5 lb/unit].” SECTION 720 STRUCTURAL SUPPORTS FOR HIGHWAY SIGNS, LUMINAIRES, AND TRAFFIC SIGNALS 720.08 U-Channel Posts Change the first sentence from U-Channel posts…” to Rib Back U-Channel posts…” SECTION 722 GEOTEXTILES 722.01 Stabilization/Reinforcement Geotextile Add the following to note “The specified in the columns labeled”<50%” and 50%” refer to the elongation at which the geotextile material was tested. For example; if a fabric is tested at 15% elongation then it must meet or exceed the minimum strength shown in the column. Submittals must include the percent elongation at which the material was tested.” 722.02 Drainage Geotextile Add the following to note “The specified in the columns labeled”<50%” and 50%” refer to the elongation at which the geotextile material was tested. For example; if a fabric is tested at 15% elongation then it must meet or exceed the minimum strength shown in the column. Submittals must include the percent elongation at which the material was tested.” 722.01 Erosion Control Geotextile Add the following note to Elongation in the Mechanical Property Table; “The specified in the columns labeled”<50%” and 50%” refer to the elongation at which the geotextile material was tested. For example; if a fabric is tested at 15% elongation then it must meet or exceed the minimum strength shown in the column. Submittals must include the percent elongation at which the material was tested.” ---PAGE BREAK--- Appendix A to Division 100 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 1 of 36 APPENDIX A TO DIVISION 100 SECTION 1 - BIDDING PROVISIONS A. Federally Required Certifications By signing and delivering a Bid, the Bidder certifies as provided in all certifications set forth in this Appendix A - Federal Contract Provisions Supplement including: • Certification Regarding No Kickbacks to Procure Contract as provided on this page 1 below. • Certification Regarding Non-collusion as provided on page 1 below. • Certification Regarding Non-segregated Facilities as provided by FHWA Form 1273, section III set forth on page 21 below. • "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" as provided by FHWA Form 1273, section XI set forth on page 32 below. • "Certification Regarding Use of Contract Funds for Lobbying" as provided by FHWA Form 1273, section XII set forth on page 35 below. Unless otherwise provided below, the term "Bidder”, for the purposes of these certifications, includes the Bidder, its principals, and the person(s) signing the Bid. Upon execution of the Contract, the Bidder (then called the Contractor) will again make all the certifications indicated in this paragraph above. Upon execution of the Contract, the Bidder (then called the Contractor) will again make all the certifications indicated in this paragraph above. CERTIFICATION REGARDING NO KICKBACKS TO PROCURE CONTRACT Except expressly stated by the Bidder on sheets submitted with the Bid (if any), the Bidder hereby certifies, to the best of its knowledge and belief, that it has not: employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other then a bona fide employee working solely for me) to solicit or secure this contract; agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or; C) paid, or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; By signing and submitting a Bid, the Bidder acknowledges that this certification is to be furnished to the Maine Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this contract in anticipation of federal aid highway funds and is subject to applicable state and federal laws, both criminal and civil. CERTIFICATION REGARDING NONCOLLUSION Under penalty of perjury as provided by federal law (28 U.S.C. §1746), the Bidder hereby certifies, to the best of its knowledge and belief, that: ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 2 of 36 the Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of competitive bidding in connection with the Contract. For a related provisions, see Section 102.7.2 of the Standard Specifications - "Effects of Signing and Delivery of Bids" - "Certifications", Section 3 of this Appendix A entitled "Other Federal Requirements" including section XI - "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion" and section XII. - "Certification Regarding Use of Contract Funds for Lobbying." B. Bid Rigging Hotline To report bid rigging activities call: 1-[PHONE REDACTED] The U.S. Department of Transportation (DOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. SECTION 2 - FEDERAL EEO AND CIVIL RIGHTS REQUIREMENTS Unless expressly otherwise provided in the Bid Documents, the provisions contained in this Section 2 of this "Federal Contract Provisions Supplement" are hereby incorporated into the Bid Documents and Contract. A. Nondiscrimination & Civil Rights - Title VI The Contractor and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Department deems appropriate. The Contractor and subcontractors shall comply with Title VI of the Civil Rights Act of 1964, as amended, and with all State of Maine and other Federal Civil Rights laws. For related provisions, see Subsection B - "Nondiscrimination and Affirmative Action - Executive Order 11246" of this Section 2 and Section 3 - Other Federal Requirements of this "Federal Contract Provisions Supplement" including section II - "Nondiscrimination" of the “Required Contract Provisions, Federal Aid Construction Contracts”, FHWA-1273. B. Nondiscrimination and Affirmative Action - Executive Order 11246 Pursuant to Executive Order 11246, which was issued by President Johnson in 1965 and amended in 1967 and 1978, this Contract provides as follows. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 3 of 36 document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: 1. Ensure and maintain a working environment free of harassment, intimidations, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all forepersons, 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 female individuals working at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and to maintain a record of the organization’s responses. 3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such 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. 4. Provide immediate written notification to the Department’s Civil Rights Office 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 Design-Builder’s efforts to meet its obligations. 5. Develop on-the-job training opportunities and/or participate in training programs for the area 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 Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under B above. 6. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligation; 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 female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 7. Review, at least annually, the company’s EEO 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 4 of 36 of these items with on-site supervisory personnel such as Superintendents, General Forepersons, etc., prior to the initiation 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. 8. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other Contractor’s and Subcontractors with whom the Contractor does or anticipates doing business. 9. Direct its recruitment efforts, both orally and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later that 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, screenings, procedures, and test to be used in the selection process. 10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth, both on the site and in other areas of a Contractor’s workforce. 11. Validate all tests and other selection requirements. 12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 13. 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 EEO policy and the Contractor’s obligations under these specifications are being carried out. 14. 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. 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Contractor’s and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors’ adherence to and performance under the Contractor’s EEO policies and affirmative action obligations. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 5 of 36 C. Goals for Employment of Women and Minorities Per Executive Order 11246, craft tradesperson goals are 6.9% women and minorities employed. However, goals may be adjusted upward at the mutual agreement of the Contractor and the Department. Calculation of these percentages shall not include On-the-Job Training Program trainees, and shall not include clerical or field clerk position employees. For a more complete presentation of requirements for such Goals, see the federally required document “Goals for Employment of Females and Minorities” set forth in the next 6 pages below. Start of GOALS FOR EMPLOYMENT OF FEMALES AND MINORITIES Federally Required Contract Document §60-4.2 Solicitations The following notice shall be included in, and shall be part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to §60-4.6 of this part (see 41 CFR 60-4.2(a)): Notice of Requirement for Affirmative Action to Ensure Equal Opportunity (Executive Order 11246) 1. The Offeror's or bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for female participation in each trade 6.9% Goals for minority participation for each trade Maine 001 Bangor, ME 0.8% Non-SMSA Counties (Aroostook, Hancock, Penobscot, Piscataquis, Waldo, Washington) 002 Portland-Lewiston, ME SMSA Counties: 4243 Lewiston-Auburn, ME 0.5% (Androscoggin) 6403 Portland, ME 0.6% (Cumberland, Sagadahoc) Non-SMSA Counties: 0.5% (Franklin, Kennebec, Knox, Lincoln, Oxford, Somerset, York) ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 6 of 36 These goals are applicable to all the Contractor's construction work (whether or not it is 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 Executive Order and the regulations in 41 CFR Part 60-4 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), and its efforts to meet the goals. The hours of minority and female 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 or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be in violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 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. 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 started and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 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: Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 7 of 36 (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 the 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 the provisions of these specifications and the Notice which contains the applicable goals for minority and female 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 in 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 for 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. through p. of these specifications. 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 minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in 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 areas where the work is being performed. 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 office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specific. 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, Executive Order 11246, or the regulations promulgated pursuant, thereto. 6. In order for the non working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 8 of 36 apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. 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 shall 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 expensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, when 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 female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment sources or community organization and of what action was taken with respect to each such individual. If such 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 Director 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 area 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 Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 9 of 36 review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO 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 on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation 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 EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO 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, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing prior to the date for the acceptance of applications for apprenticeship or the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on 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. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 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 EEO policy and the Contractor's obligations under these specifications are being carried out. 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. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 10 of 36 solicitation to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7 a through 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 through p. 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 and reflected in the Contractor's minority and female 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 take 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 a 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 make and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, specific minority group of women is underutilized.) 10. The Contractor shall not use the goals and timetables or affirmative action even through the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementation regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and 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, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 11 of 36 requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.6. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by 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 (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location sat which the work was performed. Records 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 herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). End of GOALS FOR EMPLOYMENT OF FEMALES AND MINORITIES Federally Required Contract Document D. Disadvantaged Business Enterprise (DBE) Requirements The Department has established an annual Disadvantaged Business Enterprise goal to be achieved through race neutral means. This goal will adjusted periodically and will be provided by Supplemental Provision. The Contractor shall comply with all provisions of this section regarding DBE participation and the Department’s latest version of the Disadvantaged Business Enterprise Program Manual, said Manual being incorporated herein by reference. In the case of conflict between this Contract and said Manual, this Contract shall control. The Department reserves the right to adjust DBE goals on a project-by-project basis by addendum. Policy. It is the Department’s policy that DBEs as defined in 23 CFR Part 26 and referenced in the Transportation Equity Act for 21st Century of 1998, as amended from the Surface Transportation Uniform Relocation Assistance Act of 1987, and the Intermeddle Surface Transportation Efficiency Act of 1991. The intent hereto remains to provide the maximum opportunity for DBEs to participate in the performance of contracts financed in whole or in part with federal funds. The Department and its Contractors shall not discriminate on the basis of race, color, national origin, ancestry, sex, age, or disability in the award and performance of DOT assisted contracts. Disadvantaged Business Enterprises are those so certified by the Maine Department of Transportation Civil Rights Office prior to bid opening date. The Department has determined that elements of a good faith effort to meet the contract goal include but are not limited to the following: ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 12 of 36 1. Whether the Contractor advertised in general circulation, trade association, and minority/women’s-focus media concerning the subcontracting opportunities; 2. Whether the Contractor provided written notice to a reasonable number of specific DBEs that their interest in the contract is being solicited; 3. Whether the Contractor followed up on initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; 4. Whether the Contractor selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE goals; 5. Whether the Contractor provided interested DBEs with adequate information about the plans, specification and requirements of the contract; 6. Whether the Contractor negotiated in good faith with interested DBEs, not rejecting the DBE as unqualified without sound reasons based on a thorough investigation of their capabilities; 7. Whether the Contractor made efforts to assist interested DBEs with other appropriate technical/financial assistance required by the Department or Contractor; 8. Whether the Contractor effectively used the services of available minority/women’s community organizations, minority/women’s business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBEs. Substitutions of DBEs. The following may be acceptable reasons for Civil Rights Office approval of such a change order: • The DBE defaults, voluntarily removes itself or is over-extended; • The Department deletes portions of the work to by performed by the DBE. It is not intended that the ability to negotiate a more advantageous contract with another certified DBE be considered a valid basis for such a change in DBE utilization once the DBE Bid Submission review has been passed. Any requests to alter the DBE commitment must be in writing and included with the change order. Failure to carry out terms of this Standard Specification shall be treated as a violation of this contract and will result in contract sanctions which may include withholding of partial payments totaling the creditable dollars amount which would have been paid for said DBE participation, termination of this contract or other measures which may affect the ability of the Contractor to obtain Department contracts. Copies of the Maine Department of Transportation’s DBE Program may be obtained from: Maine Department of Transportation Civil Rights Office #16 State House Station Augusta, Maine 04333-0016 tel. (207) 624-3519 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 13 of 36 Quarterly Reporting Requirement. The Contractor must submit Semi-annual reports of actual dollars paid to Disadvantaged Business Enterprises (DBE's) on this Project to the MDOT Civil Rights Office by the end of the third week of April and October for the period covering the preceding six months considered Federal Fiscal Year periods. The reports will be submitted directly to the Civil Rights Office on the form provided in the latest version of the DBE Program Manual. Failure to submit the report by the deadline may result in a withholding of approval of partial payment estimates by the Department. SECTION 3 - OTHER FEDERAL REQUIREMENTS Unless expressly otherwise provided in the Bid Documents, the provisions contained in this Section 3 of this "Federal Contract Provisions Supplement" are hereby incorporated into the Bid Documents and Contract. A. Buy America If the cost of products purchased for permanent use in this project which are manufactured of steel, iron or the application of any coating to products of these materials exceeds 0.1 percent of the contract amount, or $2,500.00, whichever is greater, the products shall have been manufactured and the coating applied in the United States. The coating materials are not subject to this clause, only the application of the coating. In computing that amount, only the cost of the product and coating application cost will be included. Ore, for the manufacture of steel or iron, may be from outside the United States; however, all other manufacturing processes of steel or iron must be in the United States to qualify as having been manufactured in the United States. United States includes the 50 United States and any place subject to the jurisdiction thereof. Products of steel include, but are not limited to, such products as structural steel, piles, guardrail, steel culverts, reinforcing steel, structural plate and steel supports for signs, luminaries and signals. Products of iron include, but are not limited to, such products as cast iron grates. Application of coatings include, but are not limited to, such applications as epoxy, galvanized and paint. To assure compliance with this section, the Contractor shall submit a certification letter on its letterhead to the Department stating the following: “This is to certify that products made of steel, iron or the application of any coating to products of these materials whose costs are in excess of $2,500.00 or 0.1 percent of the original contract amount, whichever is greater, were manufactured and the coating, if one was required, was applied in the United States.” B. Materials ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 14 of 36 a. Convict Produced Materials References: 23 U.S.C. 114(b)(2), 23 CFR 635.417 Applicability: FHWA's prohibition against the use of convict material only applies to Federal-aid highways. Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aid highway construction project if: 1) such materials have been produced by convicts who are on parole, supervised release, or probation from a prison; or 2) such material has been produced in a qualified prison facility, e.g., prison industry, with the amount produced during any 12-month period, for use in Federal-aid projects, not exceeding the amount produced, for such use, during the 12-month period ending July 1, 1987. Materials obtained from prison facilities prison industries) are subject to the same requirements for Federal-aid participation that are imposed upon materials acquired from other sources. Materials manufactured or produced by convict labor will be given no preferential treatment. The preferred method of obtaining materials for a project is through normal contracting procedures which require the contractor to furnish all materials to be incorporated in the work. The contractor selects the source, public or private, from which the materials are to be obtained (23 CFR 635.407). Prison industries are prohibited from bidding on projects directly (23 CFR 635.112e), but may act as material supplier to construction contractors. Prison materials may also be approved as State-furnished material. However, since public agencies may not bid in competition with private firms, direct acquisition of materials from a prison industry for use as State-furnished material is subject to a public interest finding with the Division Administrator's concurrence (23 CFR 635.407d). Selection of materials produced by convict labor as State-furnished materials for mandatory use should be cleared prior to the submittal of the Plans Specifications & Estimates (PS&E). b. Patented/Proprietary Products References: 23 U.S.C. 112, 23 CFR 635.411 FHWA will not participate, directly or indirectly, in payment for any premium or royalty on any patented or proprietary material, specification, or process specifically set forth in the plans and specifications for a project, unless: • the item is purchased or obtained through competitive bidding with equally suitable unpatented items, • the STA certifies either that the proprietary or patented item is essential for with the existing highway facilities or that no equally suitable alternative exists, or • the item is used for research or for a special type of construction on relatively short sections of road for experimental purposes. States should follow FHWA's procedures for "Construction Projects Incorporating Experimental Features" (expermnt.htm) for the submittal of work plans and evaluations. The primary purpose of the policy is to have competition in selection of materials and allow for development of new materials and products. The policy further permits materials and products that are judged equal may be bid under generic specifications. If only patented or proprietary products are acceptable, they shall be bid as alternatives with all, or at least a ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 15 of 36 reasonable number of, acceptable materials or products listed; and the Division Administrator may approve a single source if it can be found that its utilization is in the public interest. Trade names are generally the key to identifying patented or proprietary materials. Trade name examples include 3M, Corten, etc. Generally, products identified by their brand or trade name are not to be specified without an "or equal" phrase, and, if trade names are used, all, or at least a reasonable number of acceptable "equal" materials or products should be listed. The licensing of several suppliers to produce a product does not change the fact that it is a single product and should not be specified to the exclusion of other equally suitable products. c. State Preference References: 23 U.S.C. 112, 23 CFR 635.409 Materials produced within Maine shall not be favored to the exclusion of comparable materials produced outside of Maine. State preference clauses give particular advantage to the designated source and thus restrict competition. Therefore, State preference provisions shall not be used on any Federal-aid construction projects. This policy also applies to State preference actions against materials of foreign origin, except as otherwise permitted by Federal law. Thus, States cannot give preference to in-State material sources over foreign material sources. Under the Buy America provisions, the States are permitted to expand the Buy America restrictions provided that the STA is legally authorized under State law to impose more stringent requirements. d. State Owned/Furnished/Designated Materials References: 23 U.S.C. 112, 23 CFR 635.407 Current FHWA policy requires that the contractor must furnish all materials to be incorporated in the work, and the contractor shall be permitted to select the sources from which the materials are to be obtained. Exceptions to this requirement may be made when there is a definite finding, by MDOT and concurred in by Federal Highway Administration’s (FHWA) Division Administrator, that it is in the public interest to require the contractor to use materials furnished by the MDOT or from sources designated by MDOT. The exception policy can best be understood by separating State-furnished materials into the categories of manufactured materials and local natural materials. Manufactured Materials When the use of State-furnished manufactured materials is approved based on a public interest finding, such use must be made mandatory. The optional use of State-furnished manufactured materials is in violation of our policy prohibiting public agencies from competing with private firms. Manufactured materials to be furnished by MDOT must be acquired through competitive bidding, unless there is a public interest finding for another method, and concurred in by FHWA’s Division Administrator. Local Natural Materials When MDOT owns or controls a local natural materials source such as a borrow pit or a stockpile of salvaged pavement material, etc., the materials may be designated for either optional or mandatory use; however, mandatory use will require a public interest finding (PIF) and FHWA’s Division Administrator's concurrence. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 16 of 36 In order to permit prospective bidders to properly prepare their bids, the location, cost, and any conditions to be met for obtaining materials that are made available to the contractor shall be stated in the bidding documents. Mandatory Disposal Sites Normally, the disposal site for surplus excavated materials is to be of the contractor's choosing; although, an optional site(s) may be shown in the contract provisions. A mandatory site shall be specified when there is a finding by MDOT, with the concurrence of the Division Administrator, that such placement is the most economical or that the environment would be substantially enhanced without excessive cost. Discussion of the mandatory use of a disposal site in the environmental document may serve as the basis for the public interest finding. Summarizing FHWA policy for the mandatory use of borrow or disposal sites: • mandatory use of either requires a public interest finding and FHWA’s Division Administrator's concurrence, • mandatory use of either may be based on environmental consideration where the environment will be substantially enhanced without excessive additional cost, and • where the use is based on environmental considerations, the discussion in the environmental document may be used as the basis for the public interest finding. Factors to justify a public interest finding should include such items as cost effectiveness, system integrity, and local shortages of material. C. Standard FHWA Contract Provisions - FHWA 1273 Unless expressly otherwise provided in the Bid Documents, the following “Required Contract Provisions, Federal Aid Construction Contracts”, FHWA-1273, are hereby incorporated into the Bid Documents and Contract. Start of FHWA 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS(As revised through March 10, 1994) 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 17 of 36 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 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.) 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, ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 18 of 36 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. 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 19 of 36 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 will 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 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 20 of 36 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. 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 21 of 36 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: The number of minority and non-minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 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. 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 MDOT and the Federal Highway Administration. The Contractor will submit to the MDOT a report for the month of July, indicating the total hours worked by 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 “Training Special Provision,” the Contractor will be required to furnish Form FHWA-1409. The report is required for week ending July 15 and can be obtained from MDOT, is due by week ending August 20th. This report is to be furnished directly to MDOT - Civil Rights Office. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 22 of 36 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, time clocks, 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. 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.) 1. 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 23 of 36 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. 2. 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: the work to be performed by the additional classification requested is not performed by a classification in the wage determination; the additional classification is utilized in the area by the construction industry; the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 24 of 36 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. 3. 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 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. 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 25 of 36 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. 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. 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: 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. 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 26 of 36 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. 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. 5. 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. 6. 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. 7. 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 27 of 36 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-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. 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. 9. 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 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 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 28 of 36 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: 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; 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; 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. 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 29 of 36 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 to 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 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, ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 30 of 36 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 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 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 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 31 of 36 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 (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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 32 of 36 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 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 the department 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 the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 33 of 36 in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. 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 the department 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 the department 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 to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: 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 judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 34 of 36 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, the department, 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. 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 the department 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. ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 35 of 36 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, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, 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. 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 ---PAGE BREAK--- December 14, 2005 Supersedes September 1, 2005 Page 36 of 36 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. End of FHWA 1273