Local-Let Bid Proposal Checklist and Proposal Notes
Regular
__ Prequalification
Requirements
__ PN
028-F
Steel
and Iron Products Made in the USA (Included in 2002 Specs, 106.09)
__ PN
032
Work Type Codes and Descriptions
__
PN 030
Prompt Payment (Included in 2002 Specs, 107.21)
__
PN 034
Workers’ Compensation & Drug-Free Workplace Discount Program
__
Unresolved finding for recovery 9.24
__
Drug-Free Workplace Compliance
__
Sole source or proprietary bid items
__ Security
& Insurance Requirements
__
Utility note, if applicable
Federal
__
Contract
provisions for Federal-Aid construction contracts (FHWA Form 1273)
__
PN 045
Non-collusion affidavit and reporting bid rigging
__ PN
059
Wage determination appeals process (works with 061)
__ PN
061
Wage scale on all Federal-Aid projects (works with 059)
__ PN
017
Federally required EEO certification clause
__ PN
018
Federally required EEO certification
__
PN
020
Notice of requirement of affirmative action to
ensure EEO
__
PN
026
Certification of non-segregated facilities
__ PN
048
Certification against debarment and suspension
__ PN
105
Voluntary on the job training program provisions
DBE
(include only if a goal applies)
__
PN 007
Truck Leasing
__ PN
013
DBE Requirements
__ PN
015
Affidavit of Subcontractor Payment
BOILER-PLATE PROPOSAL NOTE TO BE USED ON ALL PROJECTS USING THE 2002 CONSTRUCTION & MATERIAL SPECIFICATIONS (5-7-2004)
108.07 Failure to Complete on Time; Revisions to Schedule of Liquidated Damages. [5-16-03]
On this project the Liquidated Damages in 108.07 (Failure to Complete on Time) of the Construction and Material Specifications are modified by the following table:
SCHEDULE OF LIQUIDATED DAMAGES
|
Amount of Liquidated |
||
|
Damages to be |
||
|
Original Contract Amount |
Deducted for Each |
|
|
(Total Amount of the Bid) |
Calendar Day of |
|
|
From More Than |
To and Including |
Overrun in Time |
|
$0.00 |
$500,000.00 |
$700.00 |
|
$500,000.00 |
$2,000,000.00 |
$750.00 |
|
$2,000,000.00 |
$10,000,000.00 |
$1,250.00 |
|
Over $10,000,000 |
$2,000.00 |
|
CELLULAR
TELEPHONES (12-14-00)
The
Contractor shall NOT provide cellular telephones to ODOT personnel for
either business or personal use. This
prohibition includes the use of cellular telephones that the Contractor or its
subcontractors may own or lease either currently as an overhead item or have
obtained as a result of being awarded this project.
ODOT personnel shall utilize only state owned, public or cellular private
communication devices in order to conduct state business.
FLOODPLAIN
CLEARANCE FOR WASTE LOCATIONS
The
following is in addition to 105.16.
Ensure
that any proposed waste location is not within the FEMA mapped 100-year
floodplain.
If
the proposed waste location is within the FEMA mapped 100-year floodplain,
submit written approval from the local floodplain coordinator for the site.
The floodplain coordinator contacts for each county are available through
the Ohio Department of Natural Resources, Division of Water, (614) 265-6750.
For waste sites shown on
the plan, the plan will indicate if the clearances have or have not been
obtained for the project right-of-way locations.
No extension of time or additional compensation will be paid for any
delays due to not having the written permit(s) to waste in a floodplain.
ITEM
451
451.09
Finishing Follow all requirements of 451.09 except use transversely textured
grooves only .05" and .08" (1.3 to 2.0 mm) in depth.
Demonstrate methods to the Engineer for controlling and checking the
depth of the groove meets the required depth.
OPTIONAL
USE OF BLENDED CEMENT OR POZZOLANIC MATERIAL OTHER THAN 701 FOR USE IN 499
CONCRETE MIXES.
The
following alternate cementitious materials may be used in ODOT 499 concrete
mixes as listed below. Proportion the alternate cementitious material as shown below
and only use in the 499 mixes that are listed.
Follow the sampling and acceptance requirements defined below.
Follow all other specification requirements for the bid concrete item.
Approved
List
1.
Blended Cement for use in HP3 and HP4 mixes Lafarge Type SF
This
approved blended cement, nominally composed of 92% type 1 cement and 8% micro
silica, may be used in 499.03 table 499.093-4 HP3 and HP4.
The blended cement will replace the micro silica and type 1 cement
content in HP3 and HP4 as shown below:
English
Class HP3 (Fly Ash +
Microsilica)
|
Aggregate |
Fine Aggregate |
#8 Coarse Aggregate |
Blended Cement
Content |
Fly Ash |
Micro-Silica |
Water to Cementitious |
|
Type |
(lb) |
(lb) |
(lb) |
(lb) |
(lb) |
Ratio Max |
|
Gravel |
1355 |
1475 |
510 |
150 |
0 |
0.40 |
|
Limestone |
1355 |
1490 |
510 |
150 |
0 |
0.40 |
|
Slag |
1355 |
1295 |
510 |
150 |
0 |
0.40 |
Class HP4 (GGBF Slag
+ Microsilica)
|
Aggregate |
Fine Aggregate |
#8 Coarse Aggregate |
Blended Cement
Content |
GGBF Slag |
Micro-Silica |
Water to Cementitious |
|
Type |
(lb) |
(lb) |
(lb) |
(lb) |
(lb) |
Ratio Max |
|
Gravel |
1370 |
1475 |
470 |
190 |
0 |
0.40 |
|
Limestone |
1370 |
1490 |
470 |
190 |
0 |
0.40 |
|
Slag |
1370 |
1295 |
470 |
190 |
0 |
0.40 |
Metric
Class HP3 (Fly Ash +
Microsilica)
|
Aggregate |
Fine Aggregate |
#8 Coarse Aggregate |
Blended Cement
Content |
Fly Ash |
Micro-Silica |
Water to Cementitious |
|
Type |
(kg) |
(kg) |
(kg) |
(kg) |
(kg) |
Ratio Max |
|
Gravel |
804 |
875 |
303 |
89 |
0 |
0.40 |
|
Limestone |
804 |
884 |
303 |
89 |
0 |
0.40 |
|
Slag |
804 |
768 |
303 |
89 |
0 |
0.40 |
Class HP4 (GGBF Slag
+ Microsilica)
|
Aggregate |
Fine Aggregate |
#8 Coarse Aggregate |
Blended Cement
Content |
GGBF Slag |
Micro-Silica |
Water to Cementitious |
|
Type |
(kg) |
(kg) |
(kg) |
(kg) |
(kg) |
Ratio Max |
|
Gravel |
813 |
875 |
279 |
113 |
0 |
0.40 |
|
Limestone |
813 |
884 |
279 |
113 |
0 |
0.40 |
|
Slag |
813 |
768 |
279 |
113 |
0 |
0.40 |
Do not use these mix
proportioning tables if not choosing the blended cement option.
Inform the Engineer at the pre-construction conference whether the
blended cement option is to be used.
LaFarge Type SF Blended
Cement Specific Gravity = 3.06
Sampling requirements for
LaFarge Type SF
Provide a 1 gallon sample
of the cement in a sealed metal container to the Office of Materials Management,
Cement and Concrete Section, 1600 W. Broad Street, Columbus, Ohio 43223.
Acceptance for LaFarge Type
SF
Provide the Engineer with a
copy of the LaFarge's delivery ticket showing the concrete producer has received
the Type SF cement.
ITEM
509 REPAIRING EPOXY COATED REINFORCING STEEL
Replace
the last sentence in the first paragraph of section 509.09 with the following:
Repair
physical damage to the epoxy coating as follows:
Repair with a patching
material all damaged coating areas greater than 1/4-inch (6 mm) square or
1/4-inch (6 mm) diameter; approximately 1/8-inch (3 mm) square or 1/8-inch (3
mm) diameter if the opening is within 1/4-inch (6 mm) of an equal or larger
opening; or, a length of 6 inches (150 mm) regardless of area.
Coating damage in cases where the damaged area is less than specified
above, need not be repaired. Use
patching material of the same composition and quality as the original coating.
Prepare the surface to a near white metal.
ITEM
514 QUALITY CONTROL SPECIALIST FOR BRIDGE PAINTING
In
addition to the requirements as set forth in 514.03, provide documentation that
the quality control specialist is NACE certified or has receive formal training
or retraining. Formal training or
retraining shall be provided by one of the following: KTA Tator or a trainer who
is a NACE (National Association of Corrosion Engineers) certified coating
Inspector or a SSPC (The Society for Protective Coatings, SSPC) protective
coating specialist. Provide
documentation that the trainer is employed by KTA Tator or is a NACE certified
coating Inspector or a SSPC protective coating specialist.
Documentation shall consist
of a copy of a NACE or SSPC certificate and a letter or certificate signed and
dated by the trainer.
Retrain the quality control
specialist every five years.
515.15
CONCRETE
In
addition to 515.15 requirements, provide a concrete mix design while will
achieve 2000 coulombs or less @ 90 days when tested per AASHTO T277.
Use samples for the test that were mixed without corrosion inhibitors and
that were cured with the same methods that will be used to produce the
prestressed concrete bridge members.
Do not apply additional cure to samples that have reached the required
design strength. Submit the test
results when submitting the concrete mix design to the Office of Materials
Management.
ITEM
524 DRILLED SHAFTS
In
addition to the material requirements in 524.02, furnish epoxy coated steel
reinforcement as specified in 509.
ITEM
526 APPROACH SLABS
When
the approach slab is to be used as a wearing surface, finish and test the
surface according to 451.12 prior to grooving.
GALVANIZED
REINFORCING STEEL OPTION FOR BRIDGE STRUCTURE SPIRALS
When
providing reinforcing steel for spiral cages, galvanized steel conforming to
ASTM A767, Class 1, may be provided only for the spiral reinforcing steel in
lieu of epoxy coated reinforcing steel. The
galvanized coated reinforcing steel will meet all other requirements of 509.
Where a sample splice is needed use the lap length requirements for epoxy
coated. The Galvanized coating will
be applied after the reinforcing has been fabricated. If the galvanized surface
becomes damaged during handling in the field, repairs will conform to ASTM A780.
Use bar supports and tie
wires which are plastic coated or epoxy coated.
Only suppliers certified
under S1068 may provide this reinforcing.
SHOP
DRAWING APPROVAL FOR STRUCTURES CARRYING RAILROAD TRAFFIC
In
addition to the requirements of Item 501.04A, submit four copies of the prepared
shop drawings at least 40 days prior to the pre-fabrication meeting to each
railroad company involved for review and approval.
Resolve all railroad comments prior to supplying the letter of written
acceptance to the Department. The
acceptance submission to the Department shall include one set of shop drawings
approved by each railroad company involved; copies of all documentation between
the railroad(s) and the Contractor; and four sets of Contractor accepted shop
drawings for each railroad company involved.
TREATING
CONCRETE BRIDGE DECKS WITH HMWM RESIN [8-14-02]
On
this project, when treating concrete bridge decks with HMWM Resin, as specified
in section 511.22, the following requirements apply:
A.
Replace the reference to SS 954 with 705.15.
B.
Broadcast sand over the entire treated area of the bridge deck by
mechanical means to effect a uniform coverage of 0.80 to 1.2 lb/yd2
(0.43 kg/m2 to 0.65 kg/m2).
The sand shall conform to the following grading limits:
Sieve Size%
Passing Max.
No. 4 (4.75mm)
100
No. 8 (2.36mm)
90-100
No. 20 (850um)
5-15
No. 50 (300um)
0-5
The use of
commercially available blast sands applied by a common lawn broadcast type
seeder/spreader is acceptable. Place
sand 10 to 15 minutes after spreading the resin and before any jelling of the
resin occurs.
ITEM
740 PAVEMENT MARKING MATERIAL
Contractors
are allowed to use the following pavement marking materials listed on the
Departmental Prequalified list either evaluated by the Department and/or
selected from the National Transportation Product Evaluation Program (NTPEP)
test deck. Pavement marking materials selected from the NTPEP test deck meet the
Field Performance requirements as described in Supplement 1047.
ITEM
614 PORTABLE CHANGEABLE MESSAGE SIGN
In
lieu of the requirement in 614.03 requiring the use of portable changeable
message signs prequalified according to Supplement 1061 (i.e., evaluated by
NTPEP), the use of portable changeable message signs prequalified via ODOT
evaluation is also acceptable until December 31, 2006.
(Essentially, two prequalified lists, ODOT-based and NTPEP-based, will
exist until that date.) After
December 31, 2006 only those portable changeable message signs prequalified
according to Supplement 1061 will be allowed for use on ODOT contract projects.
ITEM
614 MAINTAINING TRAFFIC: CONFORMANCE OF WORK ZONE DEVICES TO NCHRP 350 (4-18-03)
Erect
signs used on item 614 Maintaining Traffic on supports conforming to standard
drawings MT-105.10, MT-105.11 at spacings conforming to TC-52.10, TC-52.20, and
details conforming to TC-41.20.
The following devices must
meet NCHRP 350 and acceptable written manufacturer certification submitted to
the Engineer before the devices are installed on the project.
Only ballasting specified by the manufacturer is allowed.
•
Drums, with or
without lights.
•
Cones, with or
without lights.
•
Vertical panels,
with or without lights, and the panel support.
•
Portable sign
supports.
•
Workzone impact
attenuators.
•
Portable concrete
barrier.
•
Barricades.
This
certification submission requirement is waived if the device is specified in the
plans or other bid documents by manufacturer and product number, or if the
device appears on the FHWA web page, http://safety.fhwa.dot.gov/fourthlevel/pro_res_road_nchrp350.htm,
listing Roadway Hardware meeting NCHRP 350.
Portable
concrete barrier, 32-inches high, and manufactured according to standard
construction drawing RM-4.2 or J-J Hook Barrier as identified in RM-4.2 is NCHRP
350 approved. Use of RM-4.2 barrier
is allowed without certification if the project verifies that the sections are
marked according to RM-4.2.
Contractors
are allowed to use the following devices in their inventory, that are not
certified to meet NCHRP 350, for their useful life or until January 1, 2005, if
they were purchased before October 1, 2000.
Contractor certification of purchase or fabrication dates will be
acceptable in lieu purchase invoices.
•
Portable sign
supports.
•
Barricades
(including barricades made by the Contractor before October 1, 2000).
•
Vertical panels
with lights and supports.
•
Drums with
lights.
Contractors
are allowed to use GREAT CZ impact attenuators, manufactured by Energy
Absorption Systems Inc., in their inventory for their useful life until January
1, 2007, if they were purchased before October 1, 1998.
Contractors
are allowed to use portable concrete barrier in their inventory for its useful
life or until January 1, 2008, provided it was manufactured according to
construction standard drawings MC-9.1 or MC-9.2 (or subsequently RM-4.1 or
RM-4.2) and purchased before October 1, 2002.
CHAIN LINK FENCE POSTS
Reference is made to Roadway
Engineering Services Standard Drawings Chain Link Fence F-1.1, Dated 7-28-00,
and Walk Gates F-3.2, Dated 7-28-00. A
8' 8" line post length may be substituted in lieu of the line post length
shown on these two standard drawings. This shall be accomplished by reducing the
4'-0" depth as necessary to accommodate the shorter posts, all other
dimensions shown in the standard drawings shall remain unchanged.
SUPPLEMENT 1019 (11-01-01)
REQUIRED FOR CORRUGATED METAL PIPE COMPONENTS.
Corrugated Metal Pipe and its
components sold under item 603 will be furnished by producers who are certified
under supplement 1019, CERTIFICATION PROCEDURE FOR CORRUGATED METAL PIPE
Supplement 1019 is required for the following construction and material
specifications:
707.01
Metallic Coated Corrugated Steel Conduits and Underdrains
707.02
Metallic Coated Corrugated Steel Conduits
707.03
Structural Plate Corrugated Steel Structures
707.04
Pre-coated, Galvanized Steel Culverts
707.05
Bituminous Coated Corrugated Steel Pipe and Pipe Arches with Paved Invert
707.07
Bituminous Coated Corrugated Steel Pipe and Pipe Arches with Paved Invert
707.11
Mortar Lined Corrugated Steel Pipe
707.12
Corrugated Steel Spiral Rib Conduits
707.13
Bituminous Lined Corrugated Steel Pipe
707.14
Bituminous Lined Corrugated Steel Pipe
707.15
Corrugated Steel Box Culverts
707.21
Corrugated Aluminum Alloy Conduits and Underdrains
707.22
Corrugated Aluminum Alloy Conduits
707.23
Aluminum Alloy Structural Plate Conduits
707.24
Corrugated Aluminum Spiral Rib Conduits
707.25
Corrugated Aluminum Box Culverts
SUPPLEMENT 1022 (7-19-02)
REQUIRED FOR AGRICULTURAL SEED.
The Department will accept
agricultural seed in 659.07, 659.08 and 659.09 under Supplement 1022.
SUPPLEMENT 1068 (11-01-2001)
REQUIRED FOR REINFORCING STEEL AND MECHANICAL SPLICES, WELDED WIRE MESH, AND
DOWEL BARS.
Reinforcing steel and mechanical
splices, weld wire mesh, and dowel bars supplied for use under this contract
will be furnished by producers who are certified under supplement 1068,
REINFORCING STEEL AND WELDED WIRE MESH CERTIFICATION PROGRAM.
Supplement 1068 is required for the following construction and materials
specifications:
509.08
Mechanical Reinforcing Steel Connectors
709.00
Epoxy Coated Reinforcing Steel
709.01
Deformed and Plain Billet Steel Bars for Concrete Reinforcement
709.03
Rail Steel Deformed and Plan Bars for Concrete Reinforcement
709.05
Axle Steel Deformed and Plain Bars for Concrete Reinforcement
709.08
Cold-Drawn Steel Wire for Concrete Reinforcement
709.09
Fabricated Steel Bar or Rod Mats for Concrete Reinforcement
709.10
Welded Steel wire Fabric for Concrete Reinforcement
709.11
Deformed Steel wire for Concrete Reinforcement
709.12
Welded Deformed Steel Wire Fabric for Concrete Reinforcement
709.13
Coated Dowel Bars
709.14
Epoxy coated Steel wire and Welded Wire Fabric for Reinforcement
SUPPLEMENT 1067 (11-01-01)
REQUIRED FOR FENCE COMPONENTS.
Fence components sold under item
607 will be furnished by producers who are certified under supplement 1067, 607
FENCE CERTIFICATION PROGRAM. Supplement
1067 is required for the following construction and material specifications:
710.01
Barbed Wire
710.02
Woven Steel Wire Fence Type 47
710.03
Chain-Link Fence
710.11
Fence Posts and Braces
710.14
Pressure Treated Guardrail and Fence Posts, Braces and Blocks
SUPPLEMENT 1042 (11-01-01)
REQUIRED FOR GUARDRAIL COMPONENTS.
Guardrail components sold under
item 606 will be furnished by producers who are certified under supplement 1042,
606 FENCE CERTIFICATION PROGRAM. Supplement
1042 is required for the following construction and material specifications:
710.06
Deep Beam Rail
710.12
Square, Sawed, and round Guardrail Posts
710.14
Pressure Treated Guardrail and Fence Posts, Braces and Blocks
710.15
Steel Guardrail Posts
710.16
Guard Posts
SUPPLEMENT 1072 (11-01-01)
REQUIRED FOR PRESSURE TREATED WOOD PRODUCTS.
Pressure Treated Wood Products
supplied for use under this contract will be furnished by producers who are
certified under supplement 1072, CERTIFICATION PROCEDURE FOR PRESSURE TREATED
LUMBER. Supplement 1072 is required
for the following construction and materials specifications:
710.12
Square, Sawed, and Round Guardrail Posts
710.14
Pressure Treated Guardrail and Fence Posts, Braces and Blocks
711.26
Structural Timber, Lumber and Piling
713.19
Power Service Components
SUPPLEMENT 1069 (2-08-2002).
PRE-QUALIFIED AGGREGATE SUPPLIER PROGRAM
Only pre-qualified suppliers will
provide aggregate materials to the Ohio Department of Transportation conforming
with the requirements of the Construction and Materials Specifications. This
supplement applies to all aggregates provided the Department either directly, or
indirectly through a contractor or subcontractor.
The program applies to all aggregate materials provided in conformance to
or referenced to the 703 section of CMS.
This
program is currently considered voluntary but will become mandatory for
aggregate materials provided the Department after March 1, 2003.
SUPPLEMENT 1074 (2-12-2003)
REQUIRED FOR CONCRETE PIPE MATERIALS.
Precast concrete pipe materials
will be furnished by producers who are certified under supplement 1074, Concrete
Pipe Certification Program. Supplement
1074 will apply to the following construction and materials specifications:
603
Pipe Culverts, Sewers, and Drains and the following construction
materials
706.01
Non-reinforced concrete pipe
706.02
Reinforced concrete circular pipe
706.03
Reinforced concrete pipe, epoxy coated
706.04
Reinforced concrete elliptical culvert, storm drain, and sewer pipe
706.06
Perforated concrete pipe
706.07
Concrete drain tile
SUPPLEMENT 1084 (10/18/02)
REQUIRED FOR BRIDGE PAINT.
The Department will accept bridge
paint in 708.01 and 708.02 under Supplement 1084.
CORRECTIONS TO THE 2002
CONSTRUCTION & MATERIAL SPECIFICATIONS
202.04
On Page
91, Add the following after the second paragraph, third sentence:
“Dispose of all asbestos pipe at a solid waste facility that is licensed by
the Local Health Department and permitted by the OEPA.”
410.06
On Page 246, Revise lb/ft3
to lb/yd3 in the Table column headings.
411.04
On Page 248, Revise lb/ft3
to lb/yd3 in the Table column headings.
499.03 1 Table
On Page 315, in the table Delete reference
to 612.
499.03 C
On page 315, Replace the first
paragraph of 499.03C with:
Concrete
classes. Using the Concrete Tables, the Engineer will determine the weights of
fine and coarse aggregate. The Concrete Table aggregate weights were calculated
using the following Saturated Surface Dry (SSD) specific gravities: natural sand
and gravel 2.62, limestone sand 2.68, limestone 2.65, and slag 2.30. The assumed
specific gravities of Portland cement, fly ash, ground granulated blast furnace
slag and micro-silica are 3.15, 2.30, 2.90 and 2.20, respectively. For
aggregates with specific gravities differing more than ±±0.02 from these, the
Engineer will adjust the table design weights as specified in 499.03.D.3.
499.04 C
On Page 323, Replace reference
to (GGFBS) with (GGBFS)
503.10 C
On Page 342, Revise references
503.01.C.1 to 503.10.C.1
and revise 503.01.C.2.a to 503.10.C.2.a.
503.09
On Page 340, in the first paragraph, Revise
the reference to 203.03.R to 203.02.R.
513.22 Stud Shear Connectors
On Page
407, Add the following after the second paragraph: Weld stud shear
connectors to the top flanges of beams or girders after the steel has been
erected and suitable scaffolding or deck forming has been provided.
Studs may be welded to beam or girder webs, end dams, bearing plates, or
to other secondary members and detail material in the shop.
520.11
On page
468, replace Inspection and Testing with the following:
After curing and before final acceptance, sound all patched areas.
Remove and replace all unsound or cracked areas. In addition to sounding
all patches, the Department will base acceptance of the pneumatically placed
mortar on 4-inch (100 mm) diameter cores taken from patched areas and tested for
compressive strength. The Engineer will determine the location of the cores,
with one core being taken for each 200 square feet (20 m2) of pneumatically
placed mortar. Drill the cores
completely through the patched area and into the underlying sound concrete at
least 1/2 inches. Ensure that the
depth of the cores is at least 4 inches. The
Engineer will visually inspect the cores at the site for hollow areas, sand
pockets, voids around reinforcing steel. Test
the cores at an independent laboratory for compressive strength. The required minimum average compressive strength is 3000
pounds per square inch (21 MPa) at 7 days, with no single core test less than
2600 pounds per square inch (18 Mpa).
The
Engineer will waive coring on small quantities or overhead patches if it is
determined by sounding and visual inspection that the patches are sound.
Remove,
replace, re-inspect, and re-test all defective patches, as determined by
sounding, visible cracks, or unacceptable cores.
Fill
core holes with concrete as per 519.
515.06
On page 442, in the first sentence, Revise the reference from
501.05 to 501.04.
518.03
On page 458, in the last paragraph, Revise “... 30 percent
passing ...” to “... maximum 30 percent passing ...”
524.10
On Page
480, in the first paragraph, Revise the reference 750.12 to 705.12.
601.11
On Page 491, Add the following
after the first paragraph:
“Tied
Concrete Block Mats may be used instead of Rock Channel Protection, Dumped Rock,
or Riprap with the approval of the Office of Structural Engineering.”
601.12
On Page
491, Add the following to the first sentence after the word Riprap:
“Interlock Concrete Blocks,”
601.13
On Page 492, Revise the Tied
Concrete Block Mat description to read:
“Tied
Concrete Block Mat, Type ___.”
601.13
On Page 492, Add pay item:
“601 Square Yard (Square Meter) Interlock Concrete Blocks”
603.02
On Page 499, Add the following
under Type F conduits:
“Corrugated
Polyethylene Drainage Tubing sizes 4, 6, 8 inch (100, 150, 200 mm). 707.31.”
602.03 C second
group
On Page 494, Revise the
section that begins “Ensure that non-approved...” to read:
“Submit
non-approved designs with the manufacturer’s structural design criteria,
analysis method and structural details for approval. Re-submit designs for approval when manufacturers change
their designs.”
603.03
On Page 502, Add the following
paragraph at the end of section 603.03.A:
“If
plastic pipe is used and the ID is 8 inch (200 mm) or less furnish a minimum
trench width of the OD”
603.06
On Page 505, Add the following to the second to last sentence in
the last paragraph:
“Install the ties or strapping in the first or
second valley of the annular corrugations on each end of each piece of pipe.
Install two struts per end such that they are perpendicular to one
another and cross at their midpoints.”
603.08
On Page
508, Add the following paragraph C at the end of section for Backfill
Types A and B conduits except for long span structures:
“C. For plastic pipe with an ID 8 inch (200 mm) or less, place and
compact structural backfill above the bedding for the full depth of the
trench.”
603.08
On Page
509, Add the following paragraph C at the end of section for Backfill
Type C conduits: “C. For plastic pipe with an ID 8 inch (200 mm) or less,
place and compact structural backfill above the bedding for the full depth of
the trench.”
Add
the following paragraph at the end of the section:
“Type F
conduits for underdrain outlets backfill per 605.03.C.”
603.13
On Page 513, Add the following
pay item:
“603
Foot (Meter) Conduit, Type F for Underdrain Outlets”
605.02
B
On Page 518, Revise the section
title to read: “B. Pipe for 605 Rock-Cut Underdrains, or Shallow Underdrains”
605.06
On Page
521, Delete the second sentence which reads “For the backfill use
structural backfill Type 1 as defined in Item 603.”
605.09
On Page
522, Add the following pay item: “605 Foot (Meter) Shallow Underdrains.”
614.08
On Page
551, in the first sentence of the second paragraph Delete
“Part 7".
614.11 A
On Page
552, in the first sentence of the first paragraph Revise
“1047" to “1087".
614.115
On Page
557, Add the following new section between 614.11 and 614.12:
614.115
Work Zone Raised Pavement Markers.
Furnish,
install, maintain and subsequently remove work zone raised pavement markers (WZRPMs).
Work zone raised pavement markers may serve as a substitute for, or supplement
to, work zone pavement markings. They are provided in both yellow and white
versions to match the appropriate pavement marking color.
White
units provide reflectoration in one direction while yellow units may provide
reflectoration in either one direction or two They are available as units which
are readily visible both night and day as a result of retroreflectors and
brightly colored (white or yellow) housing (Type A) or visible only at night due
to their retroreflectors (Type B).
A.
Materials. Prequalify work
zone raised pavement markers according to Supplement 1056.
Only
use adhesives that are recommended by the reflector manufacturer and are not
epoxy.
Provide
markers of sufficient strength and properly shaped so as not to be dislodged or
broken by impacts from vehicle tires, including those of high pressure truck
tires loaded to 4500 pounds (2040 kilograms).
Provide
reflectors having an area of 0.35 square inches (225 square millimeters) for
Type A or 3.0 square inches (1935 square millimeters) for Type B.
The brightness or specific intensity (when tested at 0.2 degree angle of
observation and the following angles of incidence) meet or exceed the following:
|
|
SPECIFIC
INTENSITY |
||
|
TYPE |
INCIDENCE
ANGLE |
WHITE |
YELLOW |
|
A |
0 |
1.0 |
0.6 |
|
A |
20 |
0.4 |
0.24 |
|
B |
0 |
3.0 |
1.8 |
|
B |
20 |
1.2 |
0.72 |
|
B |
45 |
0.3 |
0.2 |
Angle
of incidence: Formed by a ray from a light source to the marker and the normal
to the leading edge of the marker face (also horizontal entrance angle)
Angle
of observation: Formed by a ray from a light source to the marker and the
returned ray from the marker to the measuring receptor
Specific
intensity: The mean candlepower of the reflected light (at given incidence and
divergence angles) for each footcandle (10.7 lux) at the reflector (on a plane
perpendicular to the incident light)
Type
A markers, when viewed from above, have a visible area of not less than 14
square inches (9030 square millimeters). When
viewed from the front, parallel to the pavement, as from approaching traffic,
Type A markers have a width of approximately 4 inches (100 mm) and a visible
area of not less than 1.5 square inches (970 square millimeters).
B.
Patterns.
The patterns of WZRPMs required for the various types of pavement
markings are shown in Table 614.115-1.
TABLE
614.115-1
|
SUPPLEMENTAL
DELINEATION (TYPE A OR B) |
|||
|
TYPE
OF LINE |
COLOR |
SPACING |
|
|
Edge
Line |
1-way
white or yellow |
20' (6.0
m) c/c |
|
|
Lane
Line |
1-way
white |
40'(12.0
m) c/c or at center of gap |
|
|
Dashed
Center Line |
2-way
yellow |
40'(12.0
m) c/c or at center of gap |
|
|
Double
Center Line |
2-way
yellow |
2 units;
20' (6.1 m) c/c |
|
|
Channelizing
Line |
1-way
white |
10'(3.0
m) or 20'(6.0 m) c/c |
|
|
Exit
Gore(Outline) |
1-way
white |
10'(3.0
m) c/c |
|
|
SIMULATED
DELINEATION (TYPE A ONLY) |
|||
|
TYPE
OF LINE |
COLOR |
SPACING |
|
|
Edge
Line |
1-way
white or yellow |
10'(3.0
m) c/c |
|
|
Edge
Line on 1-Lane, 2-Way |
1-way
white & 1-way yellow |
white
& yellow units back-to-back** 10' (3.0 m) |
|
|
Lane
Line |
1-way
white |
3 units
at 5'(1.5 m) c/c;30'(9.0 m) gap |
|
|
Dashed
Center Line |
2-way
yellow |
3 units
at 5'(1.5 m) c/c;30'(9.0 m) gap |
|
|
Double
Center Line |
2-way
yellow |
2
units*;10' (3.0 m)c/c |
|
|
Channelizing
Line |
1-way
white |
5'(1.5
m)c/c |
|
|
Exit
Gore(Outline) |
1-way
white |
5'(1.5
m)c/c |
|
*Place
units side by side about 4 inches (100 mm) apart.
**Face
the proper color and reflector to the oncoming traffic. Place the units back to
back about one quarter inch (6.0 mm) apart.
C.
Installation. Attach work zone raised pavement markers to clean dry and
sound pavement. Remove all loose gravel, sand and dirt from the area of the
line. The minimum pavement temperature for installation is 50 degrees F (10
degrees C). When markers are attached to new concrete pavement with curing
compound remaining, remove the curing compound membrane by sandblasting or other
mechanical cleaning method. Install markers in accordance with the
manufacturer's recommendations.
Work
zone raised pavement markers are not suitable for use from October 15 to April
1. If the Contractor elects to
start or continue work zone pavement markers during this period, and they fail
or are subsequently removed or destroyed by snow and ice control activities,
immediately, at his expense, provide a substitute traffic guidance system which
is effective during day and night and which is acceptable to the Engineer.
Other than for replacement of failed WZRPMs, new installations of WZRPMs
are not permitted from October 1 to April 1.
Place
markers accurately to depict straight or uniformly curving lines. The
longitudinal location of WZRPMs are described in Table I except that the spacing
of an individual WZRPM may be varied by as much as 2 feet (0.6 m) or 10 percent
of the nominal spacing in order to avoid poor pavement conditions, but the
average spacing remains unchanged.
Poor pavement conditions include separated joints, cracks, deteriorated
pavement, usually uneven pavement or where pavement marking material will
interfere with the bond.
The
lateral location of WZRPMs follows:
A.
Edge Lines: Offset 12 inches
(300 mm) outside the work zone pavement marking, if any, or the theoretical edge
of the lane, but this offset may vary +6
inches (150 mm) as necessary to avoid poor pavement conditions.
B.
Lane lines and dashed center lines: Locate the WZRPM in the center of the
gap between pavement marking dashes, if any. If a pavement joint exists, provide
the marker with 2 inches (50 mm) clear distance from it (and to the left of it
for lane lines). Otherwise, center the WZRPM on the theoretical edge of lane.
C.
Double center line: Install each WZRPM of the pair in line with the
appropriate pavement marking stripe, if any. If the edge of lane is demarcated
by a crack or joint, the pair of WZRPMs straddle the joint and each is installed
approximately 2 inches (50 mm) clear from the joint. Otherwise center the pair
on the theoretical edge of lane.
D.
Channelizing Line: In line with the pavement marking stripe or
immediately adjacent to the line, except when used at exit gore outlines where
the WZRPM is installed within the painted gore vee and approximately 12 inches
(300 mm) from the pavement marking stripe. WZRPMs will not be placed directly on
a painted line.
D.
Replacement. Maintain
WZRPMs in good condition. Markers have failed when: the marker is broken, the
marker is worn to the extent that daytime visibility is significantly diminished
or of an unacceptable color (type B only), reflectors are broken or detached,
markers are detached from the adhesive, the adhesive is detached from the
pavement or if markers or reflectors are covered by tar or paint.
Individual
replacement of each failed marker as it occurs is not recommended due to
increased exposure of workers to traffic. However, maintain the following
minimum levels of marker effectiveness:
A.
For a given line, no more than 20 percent of the WZRPM units failed in
any manner;
B.
For a segment of any line, the number of failed units do not exceed the
maximums permitted in Table 614.115-2.
|
Line
Type |
Normal
Spacing Feet
(Meter) |
Segment
Length Feet
(Meter) |
Normal
No. Contained In Segment |
Maximum
No. Permitted To Fail |
|
Edge |
10(3.0) 20(6.0) |
5(1.5) 100(30.0) |
6 |
3 |
|
Center,
Double/Solid |
20(6.0) 10(3.0) |
100(30.0) 50(15.0) |
12 |
6 |
|
Lane or
Dashed Center |
40(12.0) 5(1.5) |
200(60.0) 1-Stripe |
6 |
3 |
|
Channelizing |
20(6.0) 10(3.0) 5(1.5) |
100(30.0) 50(15.0) 25(7.5) |
6 |
3 |
Replace
all failed units within any line or segment before conditions deteriorate below
the minimums established in Table 614.115-2. Replace all failed units within the
line or segment within 24 hours after notification by the Engineer.
E.
Removal. Accomplish removal of work zone raised pavement markers in such
a manner that no adhesive remains on the pavement. Permanent pavement surfaces
are not to be scarred, broken or significantly roughened.
630.04
On page
605, the first sentence in the third paragraph of Section 630.04 is Replaced
with the following: “For flat sheet and ground mounted extrusheet signs, use
Type G, H or J reflective sheeting for background and reflective legends.
For overhead extrusheet signs, use Type G reflective sheeting for the
background, and use Type H or J reflective sheeting for reflective legends,
shields and symbols (including hazardous cargo plate, airport symbol, arrows and
borders).”
630.04
On page
605, the last paragraph is Revised to: “Use fluorescent yellow green
reflective sheeting for the following signs: SCHOOL (S4-3), School Crossing
(S1-1), yellow portions of school speed limit (S5-H3, S5-H4, S5-H5), SCHOOL
ENTRANCE (S3-H3), SCHOOL BUS STOP AHEAD (S3-1), SCHOOL BUS TURN AHEAD (S3-H2),
Bicycle Crossing (W11-1), Pedestrian Crossing (W11-2), Handicap Crossing
(W11-9), SAFETY ZONE (W11-H15), and Playground (W15-1).
Fabricate supplemental signs [such as SHARE THE ROAD (W16-1), Advisory
Speed Plate W13-1), and Distance Plates (W16-2, W16-2a, W16-3, W16-3a)] from
fluorescent yellow green sheeting when used with a sign above.”
630.15
On page 617, the pay item for "Sign" in Section 630.15 is revised
to read as follows:
“630
Square Foot Sign, (Flat Sheet, Ground Mounted
Extrusheet, Overhead Extrusheet,
(Square Meter) Temporary Overlay)”
630.14
On Page
613, Add the following after the first paragraph in the section: “The
Department will measure Foundations for ground mounted beam supports, rigid
overhead sign supports and span wire supports by the number of each for one
beam, pole, end frame or strain pole, and will include excavation, reinforcing
steel, concrete, backfilling and disposal of surplus excavation.”
631.09
On Page
621, in the fourth paragraph, last sentence Revise “R-10S” to
“S5-H3".
631.12
On Page
622, Revise the seventh paragraph reference to “support arm” to
“attachment hardware”
633.04
On Page
643, Revise “625.05" to “625.04."
633.06 C Traffic Signal
Controllers
On Page 645, Revise Supplement 1060 to Supplement 1076
645.05
On Page 686, in the first sentence
Revise 642.12 to 641.12.
647
Throughout
the section, Revise "plastic" to "thermoplastic".
647.02
On Page
693, Revise the list as follows:
Heat-fused
preformed thermoplastic pavement marking material.................740.08
Glass
beads...................................................................................................740.10
647.03
On Page
693, Replace the first paragraph with:
Use
manufacturer recommended equipment to apply the heat-fused preformed
thermoplastic pavement marking material according to the appropriate type, as
follows:
647.03 A
On Page
693, Revise "Type A" to "Type A90 or Type A125".
647.03 B
On Page
693, Replace with the following:
B.
Type B90 or Type B125 Material.
1.
Propane torch for ensuring no moisture is present on the pavement and
heating the material according to 647.04.C.
2. A thermometer is not
required.
647.04 A
On Page
693, Replace the first sentence with:
Apply the
heat-fused preformed thermoplastic pavement marking material to clean, dry
pavement surfaces according to the appropriate type unless otherwise directed by
the manufacturer's recommendation.
On Page
693, Delete the third paragraph.
647.04 B
On Page
694, Revise "Type A (90-mil thickness)" to "Type A90 and
Type A125".
On Page
694, Revise 350 F(177 C) to 300 F(149 C).
On
Page 694, Replace the second sentence with:
Place
the material on the warm surface as soon as practical, then uniformly post-heat
to 400 F(205 C).
On
Page 694, Revise "extended" to "extend" in the fourth
sentence.
On
Page 694, Replace the second paragraph with:
Type
A90 and A125 material shall contain intermix beads throughout.
Drop-on glass beads are not required unless using a non-surface beaded
marking (i.e., for turn or combination arrows).
647.04 C
On Page
694, Replace with the following:
C.
Type B90 and Type B125 Material Application on Asphalt Concrete and
Portland cement Concrete Pavements. Heat
the pavement only to ensure no moisture is present.
Place the material on the dry surface and then uniformly heat the
material until it bubbles and changes color to off-white.
Material must be able to be applied with no preheating of the pavement to
a specified temperature and without the use of a thermometer. Allow the material to cool naturally and solidify before
exposing it to traffic.
Type
B90 and B125 material shall contain intermix glass beads throughout.
Drop-on glass beads are not required unless using a non-surface beaded
marking (i.e., for turn or combination arrows).
659.02 A
On page
705, add the following after the third sentence:
If liquid
lime is used then use the following application table to achieve a pH of 6.5 or
greater. Calculate the difference between the soil pH and 6.5 pH.
|
Difference |
.25 |
.50 |
.75 |
1.0 |
|
application rate in gals/ac
(L/ha) |
2.5 (4) |
5
(8) |
10
(15) |
20
(30) |
Example:
soil test pH=5.75 required pH=6.5 difference= .75 required application rate is
10 gals/ac (15L/ha) only use liquid lime on the QPL list.
Provide the Engineer with the liquid lime manufacturers written
application rate. The Engineer will
only accept printed application rates.
659.02 B
On page
705, add the following after the third sentence:
If liquid
lime is used then use the following application table to achieve a pH of 6.5 or
greater. Calculate the difference between the soil pH and 6.5 pH.
|
Difference |
.25 |
.50 |
.75 |
1.0 |
|
application
rate in gals/ac (L/ha) |
2.5 (4) |
5
(8) |
10
(15) |
20
(30) |
Example:
soil test pH=5.75 required pH=6.5 difference= .75 required application rate is
10 gals/ac (15L/ha) only use liquid lime on the QPL list.
Provide the Engineer with the liquid lime manufacturers written
application rate. The Engineer will
only accept printed application rates.
659.03
On page
705 first sentence, Replace granular lime with granular or liquid lime.
659.03
On page
705 second sentence, Replace lime with granular lime.
659.03
On page
705 fifth sentence, Replace lime with granular lime.
659.03
On page
706 after the first paragraph, Add: If using liquid lime apply liquid
lime at a rate of 5 gals/acre (8 L/ha) unless other wise required per the soil
or topsoil test. Provide the
Engineer with the liquid lime manufacturers written application rate.
The Engineer will only accept printed application rates.
Only use liquid lime on the QPL list.
659.10 B
On page
716 third paragraph, second sentence, Replace lime with granular lime.
659.10 B
On page
716 third paragraph, after the second sentence, Add: Do not mix liquid
lime into the soil or topsoil. Only
apply liquid lime to the top of the soil or topsoil.
659.24
On page
721 third paragraph, Delete “and Agricultural Lime” and Add at
the end of the paragraph: The Department will measure lime or liquid lime by the
number of acres (ha) covered.
659.25
On page
722 fourth pay item, Replace “Ton (Kilogram) Agricultural Lime” with
Acres (ha) Lime.
700 Table
On Page
745, Revise the glass bead reference 740.10 to 740.09.
700 Table
On Page 746, in the table Delete reference
to 521 under Lumber.
703.01
On page
755 under General, Add "The following abbreviations apply:
CCS- Crushed Carbonate Stone.
ACBFS- Air Cooled Blast Furnace Slag
GS- Granulated Slag
RPCC- Recycled Portland Cement Concrete
OH- Open Hearth Slag
EAF- Electric Arc Furnace Slag
BOF- Basic Oxygen Furnace Slag"
703.11 B.1
On page 770, Revise "703.05" to "703.05.A" and
"703.02" to "703.02.A".
703.01 D
On Page 756, Revise Insoluble
residue of carbonate aggregate reference to: ASTM D3042.
703.02 A.3
On Page 762, Delete reference
to 612 in the Table.
703.02 B Table
On Page 763, in the table Add Lightweight
pieces 0.25 1.0.
703.04 B Table
On Page 765, in the table Delete Lightweight
pieces 1.0.
703.05 B.2 Table
On Page 766, in the table Delete Lightweight
pieces 1.0.
703.02 A.3
On page
762 Revise Aggregations of soil, silt, etc. by weight from .05 to 0.5
703.03 B
On page 764 Revise Aggregations of soil, silt, etc from .05 to 0.5
703.02 B.Table
On page 763, in the table Add lightweight pieces 0.25
1.0
703.05 B
On page 766, in the table Delete lightweight pieces 1.0
703.11
On Page
768, Add the following after the first paragraph: “Furnish ACBF Slag
that conforms to Supplement 1027.”
703.18
On Page 782, Add the following note: “Materials furnished for 617
may not conform to B. Physical
properties for Percent of loss, sodium soundness test; and Percent of wear, Los
Angeles Test.”
703.19
On Page
784, Revise the following in the last sentence of the first paragraph:
“according to AASHTO 103 as stated in 703.19.A.”
705.04
On Page
786, Remove references to Type 3 Membrane Primer.
706.02-2M Table
On Page 802, in the sixth column, Revise
51 to 5.
706.02-4 Table
On Page 806, in the forth column, Revise
0.13 to 1.30, and 0.14 to 1.38.
706.13
4.1.5
On Page 828, Revise the
section that begins “Provide epoxy coated steel.” to read:
“Provide
steel conforming to 709.01, 709.08, 709.10 or 709.12. Provide epoxy coated steel conforming to 709.00 for the
manhole flat slab tops, catch basin tops and inlet tops only.”
707.05
On Page
834, Revise the second sentence to read: “Provide either Type B half
bituminous coated pipe, or pipe arches with paved invert or Type C fully coated
pipe, or pipe arches with paved invert.”
707.07
On Page
834, Revise the second sentence to read: “Provide either Type B half
bituminous coated pipe, or pipe arches with paved invert or Type C fully coated
pipe, or pipe arches with paved invert.”
710.06
On Page
864, Revise Supplement 1067 to Supplement 1042
721.01
On page
887, Replace this section with: Ensure
that the casting is nodular iron conforming to ASTM A 536, hardened to 45 - 54
RC, snow plowable in the two opposing longitudinal directions and designed to
accommodate a replacement prismatic retroreflector.
725.08
On Page
894, Add the following paragraph at the beginning of Section 725.08:
"Ensure that manufacturers of precast concrete members are certified by the
Laboratory according to Supplement
1073."
730.18
On page 921, Delete the first sentence.
730.192
On page
922, the minimum coefficient of retroreflection for fluorescent orange sheeting
at an observation angle of 0.2 and entrance angle of +30 is Revised to 85
cd/fc/ft2 (cdlx-1m-2).
730.192
On page 923, the following text is Added
at the end of Section 730.192:
Furnish
fluorescent yellow reflective sheeting conforming to ASTM D 4956, Type VII or
VIII, including supplemental requirement S1, and the following requirements:
A.
The color specification limits for fluorescent yellow are as shown for
yellow in ASTM D 4956, Table 13. The
minimum luminance factor (Y%) is 45. The
minimum fluorescence luminance factor (YF%) is 25.
B. The photometric
requirements for fluorescent yellow sheeting are as follows:
|
Observation Angle
(degree) |
Entrance Angle
(degree) |
Minimum
Coefficient of Retroreflection cd/fc/ft2
(cdlx-1m-2) |
|
0.2 |
-4 |
375 |
|
0.2 |
+30 |
170 |
|
0.5 |
-4 |
165 |
|
0.5 |
+30 |
85 |
740.08
On Pages
996 and 997, Replace with:
740.08
Heat-Fused Preformed Thermoplastic Pavement Marking Material.
Furnish heat-fused preformed thermoplastic pavement marking materials
conforming to the following:
Type
A90 and Type B90 - 90 mil thickness (2.29 mm)
Type
A125 and Type B125 - 125 mil thickness (3.18 mm)
730.193
On page 924, the following text is Added at the end of Section
730.193:
Furnish
fluorescent yellow reflective sheeting conforming to ASTM D 4956, Type IX,
including supplemental requirement S1, and the following requirements:
A.
The color specification limits for fluorescent yellow are as shown for
yellow in ASTM D 4956, Table 13. The
minimum luminance factor (Y%) is 45. The
minimum fluorescence luminance factor (YF%) is 25.
B. The photometric
requirements for fluorescent yellow sheeting are as follows:
|
Observation Angle
(degree) |
Entrance Angle
(degree) |
Minimum
Coefficient of Retroreflection cd/fc/ft2
(cdlx-1m-2) |
|
0.2 |
-4 |
240 |
|
0.2 |
+30 |
150 |
|
0.5 |
-4 |
165 |
|
0.5 |
+30 |
75 |
|
1.0 |
-4 |
45 |
|
1.0 |
+30 |
24 |
733.03 C.6
On Page 966, Revise Supplement 1060 to Supplement 1076
740.10
On Page
997, Revise section 740.10 to 740.09.
748
Throughout
the section, Replace references to C500 with C509.
748.06
On Page
1001, in the Wall Thickness Table reverse the first two rows metric and
English columns.
748.08
On Page
1001, paragraph one, Replace gate valves with ductile irongate valves.
After
paragraph two insert: “Provide gate valves from suppliers listed on the
Department's Qualified Products List.”
748.15
On Page
1003, paragraph three, Replace 1/4" diameter with 1" (25mm)
diameter or 1" (25mm) square. And Delete: “Use U.S. Standard Pipe
thread between the operating nut and the stem”.
On Page 1003, paragraph six, Replace “screw into the hydrant body casting using U.S. Standard Pipe threads” with “lock into the hydrant body using locking lugs or threads”.
At
the time of bidding, a bidder must be ODOT prequalified for no less than 35
percent of the work types set forth. The prequalification status must continue
to be in force at the time of sale, at the time of award, and through the life
of the construction contract. This prequalification requirement does not apply
to subcontractors.
The
Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the
contract or contracts or any portion thereof, or of his right, title, or
interest therein, without written consent of the LPA. A copy of any such
subcontracts must be furnished to the LPA. In case such consent is given, the
Contractor will be permitted to sublet a portion thereof, but shall perform with
his own organization, work amounting to not less than 35 percent of the total
contract cost. The term "his own organization" shall be construed to
include only workers employed and paid directly by the Contractor and equipment
owned or rented by him with or without operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
Contractor. An assignment of contract work is considered synonymous with a
subcontract to perform work.
To
determine whether the Contractor is in compliance with the requirement that he
perform with his own organization contract work amounting to not less than 35
percent of the total contract price, the following criteria shall apply:
(1)
The contract amount upon which the 35 percent requirement is computed shall
include the cost of materials and manufactured products, which are to be
purchased or produced under the contract provisions.
(2)
The percentage of subcontracted work, for purposes of this section, shall always
be based on original contract prices rather than actual subcontract prices.
Steel
And Iron Products Made In The USA
(Included in 2002 Specs (106.09))
Furnish
steel and iron products that are made in the United according to the applicable
provisions of Federal regulations stated in 23 CFR 635.410 and State of Ohio
laws ORC 153.011 and 5525.21. “United States” means the United States of
America and includes all territory, continental or insular, subject to the
jurisdiction of the United States.
A.
Federal Requirements. All steel or iron products incorporated permanently
into the work must be made of steel or iron produced in the United States and
all subsequent manufacturing must be performed in the United States.
Manufacturing is any process that modifies the chemical content; physical shape
or size; or final finish of a product. Manufacturing begins with the initial
melting and mixing, and continues through the bending and coating stages. If a
domestic product is taken out of the USA for any process, it becomes a foreign
source material.
B.
State Requirements. All steel products used in the Work
for
load-bearing structural purposes must be made from steel
produced in the United States. State requirements do not apply
to
iron.
C.
Applications.
1.
When the work is Federally funded both the Federal and State requirements
apply. This includes all portions of the Work, including portions that are not
federally funded.
2.
When the work has no Federal funds, only the State requirements apply.
D.
Exceptions. ODOT may grant specific written permission to
use
foreign
steel or iron products in bridge construction and foreign
iron
products in any type of construction. Such exceptions may
be
granted under either of the following conditions:
1.
The cost of products to be used does not exceed 0.1
percent of the total Contract cost, or $2,500, whichever
is greater. The cost of the products is the value of the
products as delivered to the project.
2.
The specified products are not produced in the USA in sufficient quantity
or otherwise are not reasonably available to meet the requirements of the
Contract Documents. ODOT may require the Contractor to obtain letters from three
different suppliers documenting the unavailability of a product from a domestic
source, if the shortage is not previously product from a domestic source, if the
shortage is not previously established.
E.
Proof of Domestic Origin. A waiver has been granted by
the
FHWA for a
specific product for use in a region that includes
Ohio and is
not contrary to Ohio law.
Work
Type Codes and Descriptions
|
WT |
|
WT |
|
|
1 |
Clearing & Grubbing |
29 |
Structure
Repairs |
|
2 |
Building Removal |
30 |
Hydrodemolition |
|
3 |
Gas, Oil, Water Well Abandonments |
31 |
Structural
Steel Repairs |
|
4 |
Roadway
Excavation & Embankment Construction |
32 |
Heat
Straightening |
|
5 |
Major Roadway Excavations |
33 |
Tieback
Installation |
|
6 |
Incidental Grading |
34 |
Earth
Retaining Structures |
|
7 |
Soil Stabilization |
35 |
Drainage
(Culverts, Misc.) |
|
8 |
Temporary Soil Erosion & Sediment
Control |
36 |
Guardrail
/ Attenuators |
|
9 |
Aggregate Bases |
37 |
Fence |
|
10 |
Flexible Paving |
38 |
Misc.
Concrete |
|
11 |
Apply Bituminous Treatments |
39 |
Maintenance
of Traffic |
|
12 |
Rigid Paving |
40 |
Waterproofing |
|
13 |
Pavement Planning, Milling, Scarification |
41 |
Raised
Pavement Markers |
|
14 |
Concrete Texturing |
42 |
Signing |
|
15 |
Sawing |
43 |
Highway
Lighting |
|
16 |
Flexible
Replacement |
44 |
Traffic
Signals - Standard |
|
17 |
Rigid Pavement Replacement |
45 |
Pavement
Markings |
|
18 |
Pavement Rubbilizing, Breaking, Pulverizing |
46 |
Landscaping |
|
19 |
Structure Removal |
47 |
Mowing |
|
20 |
Level 1 Bridge |
48 |
Trucking |
|
21 |
Level 2 Bridge |
49 |
Herbicidal
Spraying |
|
22 |
Level 3 Bridge |
50 |
Railroad
Track Construction |
|
23 |
Reinforcing Steel |
51 |
Micro
Tunneling |
|
24 |
Structural Steel Erection |
52 |
Tunneling |
|
25 |
Stud Welding |
53 |
Piling |
|
26 |
Structural Steel Painting |
54 |
Post-Tensioning
Bridge Members |
|
27 |
Expansion & Contraction Joints, Joint Sealers,
Bearing Devices |
55 |
Fiber
Optic Cable Installation, Splicing, Termination and Testing – Traffic
Signal System |
|
28 |
Caissons / Drilled Shafts |
56 |
Fiber
Optic Cable Installation, Splicing, Termination and Testing –
Intelligent Transportation System |
Prompt Payment (Included in 2002 Specs (107.21))
In
accordance with Section 4113.61 of the Ohio Revised Code, the prime Contractor
shall make payment to each subcontractor and materialman within ten (10)
calendar days after receipt of payment from the LPA or Ohio Department of
Transportation if Direct Pay for work performed or materials delivered or
incorporated into the public improvement, provided that the pay estimate
prepared by the engineer includes work performed or materials delivered or
incorporated into the public improvement by the subcontractor or materialman.
The prime Contractor shall also require that this
contractual obligation be placed in all subcontractor and materialman contracts
that it enters into and further require that all subcontractors and materialmen
place the same payment obligations in each of their lower tier contracts.
If the prime Contractor, subcontractors or materialmen subject to this
provision fail to comply with the ten (10) day payment requirement, the
offending party shall pay, in addition to the payment due, interest in the
amount of eighteen percent (18%) per annum of the payment due, beginning on the
eleventh (11th) day following the receipt of payment from the LPA or
Ohio Department of Transportation and ending on the date of full payment of the
payment due plus interest.
Repeated failures to pay subcontractors and
materialmen timely as defined by this statute shall result in a finding that the
prime is in breach of contract and subject to all legal consequences that such a
finding entails. Further, repeated
failures to pay timely as defined by the statute shall result in a lower
evaluation score for the prime Contractor and those subcontractors who are
subject to evaluation.
Ohio
Workers’ Compensation Coverage
The
Contractor must secure and maintain valid Ohio workers’ compensation coverage
until the Department as set forth in Section 109.12(E) of the Construction and
Material Specifications Manual has finally accepted the project.
A certificate of coverage evidencing valid workers’ compensation
coverage must be submitted to the LPA before the contract will be executed.
The
Contractor must immediately notify the LPA in writing if it or any subcontractor
fails or refuses to renew their workers’ compensation coverage.
Furthermore, the Contractor must notify the LPA in writing if its or any
of its subcontractor’s workers’ compensation policies are canceled,
terminated or lapse.
The
failure to maintain valid workers’ compensation coverage shall be considered a
breach of contract which may result in the Contractor or subcontractor being
removed from the project, withholding of pay estimates and/or termination of the
contract.
Drug-Free
Workplace (DFWP) Discount Program
The
LPA will declare a bid non-responsive and ineligible for award if the Contractor
is not enrolled and in good standing in the Ohio Bureau of Workers’
Compensation’s Drug-Free Workplace (DFWP) Discount Program or a similar
program approved by the Bureau of Workers’ Compensation when its bid is
submitted. Furthermore, the LPA will deny all requests to sublet when
the subcontractor does not comply with the provisions of this proposal note.
The
Contractor shall insert in each of its subcontracts a clause requiring all
subcontractors to comply with all of the provisions of this proposal note. The
Contractor is responsible for ensuring compliance by all subcontractors with all
of the provisions of this proposal note.
Unresolved
Finding For Recovery
Contractor
affirmatively represents to the LPA that it is not subject to a finding for
recovery under R.C. 9.24, or that it has taken the appropriate remedial steps
required under R.C. 9.24 or otherwise qualifies under that section. Contractor
agrees that if this representation is deemed to be false, the contract shall be
void ab initio as between the parties to this contract, and any funds paid by
the state hereunder shall be immediately repaid to the state, or an action for
recovery may be immediately commenced by the state for recovery of said funds.
Drug-Free
Workplace Compliance
The prime Contractor agrees to comply with all
applicable state and federal laws regarding drug-free workplace. The prime
Contractor shall make a good faith effort to ensure that all its employees,
while working on the Project, will not purchase, transfer, use or possess
illegal drugs or alcohol or abuse prescription drugs in any way.
The prime Contractor shall also require that this
contractual obligation be placed in all subcontractor and materialman contracts
that it enters into and further requires that all subcontractors and materialmen
place the same contractual obligations in each of their lower tier contracts.
Sole
Source or Proprietary Bid Items
Any use of sole source or proprietary bid items must
have received previous approval by the ODOT district. Sole source or proprietary
bid items for traffic signal and highway lighting projects must be in
conformance with ODOT’s Traffic Engineering Manual.
Security
& Insurance Requirements
The Contractor shall protect and indemnify the LPA and
ODOT from all claims and liability resulting from negligence or willful
violations of the Contractor. The Contractor must provide a performance and
payment bond in an amount at least equal to 100 percent of its contract price as
security for its faithful performance of its contract.
The Contractor and each of it subcontractors shall
maintain, during the life of the its contract and subcontract, Public Liability
Insurance with minimum coverage amounts of $1,000,000 per occurrence, Property
Damage Insurance with minimum coverage amounts of $1,000,000 per occurrence, and
Vehicle Liability Insurance.
The Contractor must exercise caution when working in
proximity to the existing and/or relocated utility facilities.
Sections 105.07 and 107.16 of the Department of
Transportation Construction and Materials Specifications require that the
Contractor cooperate with all utilities located within the limits of this
construction project and take responsibility for the protection of the utility
property and services.
If a utility company directs the Contractor to perform
any work not specifically contained in the bidding documents, the Contractor
will not be compensated for this work unless approved in writing before the work
begins. If the work is not preapproved, the Contractor will be responsible for
obtaining reimbursement for its work from the utility company that directed the
Contractor to perform the work.
In the event that the Contractor requests the
additional work, not specifically contained in the bidding documents, be
performed by a utility company, the Contractor will be responsible for
reimbursing the utility company for the additional work unless the LPA has
agreed in writing to pay for the additional work before the work begins.
Contract
Provisions For Federal-Aid Construction Contracts (FHWA Form 1273)
The
required contract provisions for Federal-aid construction contracts (contained
in Form FHWA 1273) are hereby incorporated reference as if rewritten herein.
Non - Collusion Affidavit
In accordance with Title 23 United States Code, Section 112 and Ohio
Revised Code, Chapter 1331 et. seq: and Sections 2921.11 and 2921.13, the bidder
hereby states, under penalty of perjury and under other such penalties as the
law provides, that he or his agents or employees have not entered either
directly or indirectly into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection
with this proposal. Execution of
this proposal on the signature portion thereof shall constitute also signature
of this Non-Collusion Affidavit as permitted by title 28 United States Code,
Section 1746.
REPORTING BID RIGGING
To report bid rigging activities call:
1-800-424-9071
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.
Wage Determination Appeals Process
1.) 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 for this initial contact is not
satisfactory, then the process described in 2.) and 3.) 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 Determination
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D. C. 20210
2.)
If the answer to the question in 1.) 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 7). Write to:
Wage and Hour Administrator
U. S Department of Labor
200 Constitution Avenue, N.W.
Washington, D. C. 20210
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 requester considers relevant to the issue.
3.)
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, D. C. 20210
4.) All decisions by the Administrative Review Board are
final.
Wage Scale On All Federal-Aid Projects - 4-8-2004
The Secretary of Labor in accordance with Federal-Aid requirements
determined the wage rates for this project.
|
State of Ohio |
Decision No. OH20030002 |
|
|
Decision Date 04/02/2004 |
Contractors shall use only the classifications set forth herein on
payrolls.
This contract requires the payment of the total of the
basic hourly rates plus the fringe benefits payments for each classification in
accordance with the following regulations that by reference are made part of
this contract:
1) The U.S. Department of Labor Regulations, Title 29, Subtitle A, Part 5, Sections 5.5, 5.31, and 5.32, most recent revision at contract execution.
Form FHWA-1273 (most recent revision
at contract execution) Part IV.
Payment of Predetermined
Minimum Wage and Part V. Statements and Payrolls.
The
failure to pay prevailing wages to all laborers and mechanics employed on this
project shall be considered a breach of contract.
Such a failure may result in the termination of the contract and
debarment.
The
Contractor and all subcontractors shall pay all wages and fringe benefits by
company check. All payroll records
and canceled pay checks shall be maintained for at least three years after the
termination of the Contractor’s responsibility as defined in section 109.12
(E) of the 2002 Construction and Material Specifications Manual. The Contractor’s and all subcontractors’ payroll records
and canceled pay checks shall be made available for inspection by the LPA, ODOT
and the U.S. Department of Labor, upon request, anytime during the life of the
contract, and for three years thereafter by the U.S. Department of Labor.
Additionally, the Contractor and all subcontractors shall permit such
representatives to interview any employees during working hours while the
employee is on the job.
The
Contractor in a prominent and accessible place on the project, field office,
shall post the wage and fringe rates determined for this project or equipment
yard where they can be easily read by the workers.
The
Contractor and all subcontractors shall submit to the LPA, certified payrolls
each week beginning three weeks after the start of work.
These payrolls shall be on a Form WH-347 or equivalent and shall show the
following:
1. Employee name,
address, social security number,
classification, and hours
worked.
2. The basic hourly and
overtime rate paid, total pay, and the manner in which fringe benefit payments
have been irrevocably made.
3. The project number
and pay week dates.
4. Original signature of
a company officer on the certification statement.
Additionally,
a copy of the “Apprentice Certification”
obtained from the USDOL, Bureau of Apprenticeship and Training, must accompany
the first certified payroll submitted for all apprentices working on this
project.
Please
be aware that it is ultimately the responsibility of the Contractor to ensure
that all subcontractors on the project strictly adhere to all laws relating to
prevailing wages in the USDOL Regulations, Title 29, parts 1 and 5.
If
the Contractor or any subcontractor fails to comply with any of the provisions
contained in this proposal note, the LPA may terminate the contract, and/or
withhold or suspend pay estimates after written notice and a reasonable
opportunity to comply has been provided. The
Ohio Department of Transportation may debar
the Contractor or Subcontractor.
The
applicable wage and fringe rates for this project are provided in the wage rate
section of this proposal.
Federally
Required EEO Certification Clause
The Federally Required
EEO Certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7 (b) (1)), and must be submitted by bidders
and proposed subcontractors only in connection with contracts and subcontractors
which are subject to the equal opportunity clause. Contracts and subcontracts
which are exempt from the equal opportunity clause are set forth in 41 CFR
60-1.5. (Generally only contracts
or subcontracts of $10,000 or under are exempt.)
Currently,
Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed
prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the
required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of
contracts and subcontracts unless such Contractor submits a report covering the
delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Federally
Required EEO Certification
The bidder hereby certifies that he has... has not...
participated in a previous contract or subcontract subject to the equal
opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and
that he has... has not... filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance,
a Federal Government Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirements.
Circle
the Appropriate “has or has not” above.
Notice
Of Requirement Of Affirmative Action To Ensure Equal Employment Opportunity
1.
The Offeror's or Bidder's attention is called to the "Equal
Opportunity Clause" and the “Standard Federal Equal Employment
Opportunity Construction Contract Specifications" set forth herein.
2.
The goals and timetables for minority and female participation, expressed
in percentage terms for the Contractor's aggregate workforce in each trade on
all construction work in the covered area are as follows:
Goals for minority participation is percent for all crafts in the covered
area of EA () shown in the attachment to ODOT letter of March 17, 1983. Goals for all other economic areas as discussed in the
following paragraph are established per our letter dated March 17, 1983.
The goal for female participation in each trade for the “covered
area” (Ohio) is 6.9 percent.
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 nonfederally 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 a violation of the contract, the Executive Order and
regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
REQUIRED REPORTS
The Contractor shall provide a CR-2 Report to the ODOT District EEO
Office in which the Contractor=s home office is located.
The CR-2 Report will summarize the minorities and females and their hours
worked on ODOT projects only. It
will be submitted quarterly according to the following schedule:
|
Quarter |
Due
Date |
|
January,
February, March |
April
10 |
|
April,
May, June |
July
10 |
|
July,
August, September |
October
10 |
|
October,
November, December |
January
10 |
In
the event of a formal compliance review, the Contractor will be required to
submit reports for the economic areas being reviewed.
Statewide
Input 29 Forms must be submitted monthly to the Ohio Department of
Administrative Services.
The
Contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs, 200 N. High Street, Room 409, Columbus,
Ohio 43215, 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 starting and completion dates of the
subcontract and the geographical area in which the subcontract is to be
performed.
Certification
Of Non-Segregated Facilities
(a) A Certification of
Nonsegregated Facilities, as required by the May 9, 1967, Order of the Secretary
of Labor (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities
(is included in the proposal and must be submitted prior to the award of a
Federal-aid highway construction contract exceeding $10,000 which is not exempt
from the provisions of the Equal Opportunity clause).
(b)
Bidders are cautioned as follows: By signing this bid, the bidder will be
deemed to have signed and agreed to the provisions of the “Certification of
Nonsegregated Facilities" in this proposal.
This certification provides that the bidder does not maintain or provide
for his employees facilities that are segregated on a basis of race, creed,
color, or national origin, whether such facilities are segregated by directive
or on a de facto basis. The certification also provides that the bidder will not
maintain such segregated facilities.
(c)
Bidders receiving Federal-aid highway construction contract awards
exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity clause, will be required to provide for the forwarding of the
following notice to prospective subcontractors for construction contracts and
material suppliers where the subcontracts or material supply agreements exceed
$10,000 and are not exempt from the provisions of the Equal Opportunity clause.
"Notice
to Prospective Subcontractors and Material Suppliers of Requirement for
Certification of Nonsegregated Facilities" -
(a) A Certification of
Nonsegregated Facilities as required by the May 9, 1967, Order of the Secretary
of Labor (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities,
which is included in the proposal, or attached hereto, must be submitted by each
subcontractor and material supplier prior to the award of the subcontract or
consummation of a material supply agreement if such subcontract or agreement
exceeds $10,000 and is not exempt from the provisions of the Equal Opportunity
clause.
(b)
Subcontractors and material suppliers are cautioned as follows: By
signing the subcontract or entering into a material supply agreement, the
subcontractor or material supplier will be deemed to have signed and agreed to
the provisions of the "Certification of Nonsegregated Facilities" in
the subcontract or material supply agreement.
This certification provides that the subcontractor or material supplier
does not maintain or provide for his employees facilities that are segregated on
the basis of race, creed, color, or national origin, whether such facilities are
segregated by directive or on a de facto basis.
The certification also provides that the subcontractor or material
supplier will not maintain such segregated facilities.
(c)
Subcontractors or material suppliers receiving subcontract awards or
material supply agreements exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause will be required to provide for the
forwarding of this notice to prospective subcontractors for construction
contracts and material suppliers where the subcontracts or material supply
agreements exceed $10,000 and are not exempt from the provisions of the Equal
Opportunity clause.
Certification
Against Debarment And Suspension
The
bidder hereby certifies, except as noted below, under penalty of perjury and
under other such penalties as the laws of this state and the United States of
America provide, that the company or any person associated there with in the
capacity of owner, partner, director, officer, principal investigator, project
director, manager, auditor, or any position involving the administration of
federal funds is not currently under suspension, debarment, voluntary
exclusion or determination of ineligibility by any federal agency; that the
company or any person associated therewith in the capacity of owner, partner,
director, officer, principal investigator, project director, manager, auditor,
or any position involving the administration of federal funds has not been
suspended, debarred, voluntarily excluded or determined ineligible by any
federal agency within the past three (3) years; that the company or any person
associated therewith in the capacity of owner, partner, director, manager,
auditor, or any position involving the administration of federal funds does not
have a proposed debarment pending; that the company or any person
associated there with in the capacity of owner, partner, director, officer,
principal investigator has not been indicted, convicted, or had a civil
judgment rendered against the company, or themselves by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the
past three (3) years.
If
there are exceptions to any of the above clauses please set out the exceptions
on the lines below. Exceptions will not necessarily result in denial of award,
but will be considered in determining bidder responsibility.
For any exception noted, indicate below to whom it applies, initiating
agency and dates of action. Providing
false information may result in criminal prosecution or administrative
sanctions.
Execution
of this proposal on the signature portion thereof shall constitute also
signature of this certification as permitted by Title 28 United States Code,
Section 1746.
Voluntary
On The Job Training Program Provisions
The requirements of this Training Special Provision supersede
subparagraph 7b of the Special Provision entitled Special Employment Opportunity
Responsibilities, and implements 23 U.S.C. 140(a).
The
following must be included as part of the Contractor’s equal employment
opportunity affirmative action training program:
The
Contractor must provide on-the-job training aimed at developing full journey
persons in the type or job classification in which they work.
The
Contractor is not required to have a specific number of trainees assigned to
this project. The number of
trainees will be distributed among the work classifications on the basis of the
Contractor’s needs and the availability of the journey persons in the various
classifications. The Contractor
will be credited for each trainee employed by him or her who is currently
enrolled or becomes enrolled in an approved program.
Training
and upgrading of minorities and women toward journey person status is a primary
objective of this Training Special Provision.
Accordingly, the Contractor must make every effort to enroll minority
trainees and women (e.g., by conducting systematic and direct recruitment
through public and private sources likely to yield minority and women trainees)
to the extent that such persons are available within a reasonable area of
recruitment. This training
commitment is not intended, and will not be used, to discriminate against any
applicant for training, regardless of whether the applicant is a member of a
minority group or not.
No
employee will be employed as a trainee in any classification in which he or she
has successfully completed a training course leading to journey person status or
in which he or she has been employed as a journey person.
The Contractor must satisfy this requirement by including appropriate
questions in the employee’s application or by other suitable means.
Regardless of the method used, the Contractor’s records must document
the findings in each case.
The
minimum length and type of training for each classification will be established
in the training program selected by the Contractor.
No
payment by ODOT will be made to the Contractor for providing this training. However, if the Contractor fails to provide adequate training
and cannot show good faith efforts on its part to provide adequate training, it
will be subject to a formal compliance review to determine the Contractor’s
efforts in meeting the EEO laws and regulations.
The Contractor must provide the following reports:
1.
CR1 Report
A.
To be completed on each trainee
B.
To be filled out at the start of training and finish of training or at
the end of the year, whichever comes first
C.
To be submitted to the District in which the Contractor’s home office
is located.
2.
Tracking will be on an annual basis.
The Contractor must submit the subsequent CR1 to the District in which
the Contractor’s home office is located.
The
prime or subcontractor conducting the training must be involved in at least one
Federal project per calendar year in order to get FHWA training credit.
Participation in the OJT Program is not project or contract specific.
All
Contractors are encouraged to participate in the OJT program. Such a program
will be considered when examining the contractor’s Good Faith Efforts toward
meeting its contractual affirmative action obligations.
All
Contractors shall submit their own Training Program or Apprenticeship
Certificate, for approval, to the District in which the company’s home office
is located.
All
OJT Trainees must have the appropriate certification.
Apprenticeship Certificates can be obtained from the State of Ohio,
Bureau of Apprenticeship and Training. The
union apprenticeship agreement is not acceptable verification of an
apprentice’s enrollment in a union sponsored training program.
A copy of the Apprenticeship Certificate along with a statement
indicating the number of months/years the employee has been in the
apprenticeship program must be submitted to the EEO Coordinator in the
company’s home district and to the prevailing wage coordinator in the district
responsible for the project within 90 days of the apprentice beginning work on
the project.
Truck
Leasing (only
if a DBE goal applies)
The
Code of Federal Regulations Title 49, Section 26.55(d)(4)(5)(6) governs trucking
operations. This section states that the Disadvantaged Business Enterprise (DBE)
may lease trucks from another DBE firm, including an owner-operator who is
certified as a DBE. The DBE who
leases trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the contract.
The DBE may also lease trucks from a non-DBE firm, including an
owner-operator. The DBE who leases
trucks from a non-DBE will receive credit for only the fee or commission it
receives as a result of the lease agreement.
The DBE does not receive credit for the total value of the transportation
services provided by the lessee, since these services are not provided by a DBE.
The law requires that a lease must indicate that the DBE has exclusive
use of and control over the truck for credit to be accorded to the DBE. This
does not preclude the leased truck from working for others during the term of
the lease with the consent of the DBE, so long as the lease gives the DBE
absolute priority for use of the leased truck.
Leased trucks must display the name and identification number of the DBE.
In
lieu of a truck owner displaying the name and identification number of the DBE,
the truck owner shall be required to furnish a photocopy of the lease agreement.
Thereby, fulfilling the rule without causing undue hardship on any
entity.
Credit
for expenditures with DBEs for materials or supplies toward the DBE goal is
described as follows:
1.
When the materials or supplies are obtained from a DBE manufacturer the
prime Contractor may receive credit for 100 percent of the cost of the materials
or supplies toward the DBE goal. For
purposes of this section, a manufacturer is a firm that operates or maintains a
factory or establishment that produces, on the premises, the materials,
supplies, articles, or equipment required under the contract and of the general
character described by the specifications.
2.
When the materials or supplies are purchased from a DBE regular dealer or
supplier the prime Contractor may receive credit for 60 percent of the cost of
the materials or supplies toward the DBE goal. For purposes of this section, a
regular dealer or supplier is a firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or
equipment of the general character described by the specifications and required
under the contract are bought, kept in stock, and regularly sold or leased to
the public in the usual course of business.
For
subcontract agreement (C-92) purposes the following definitions will be used:
Install
- DBE contractor who obtains goods, materials and supplies and fixes in place,
for use, the same goods, materials and supplies. (e.g., DBE contractor obtains
and fixes in place re-bar on project site). Must spend 20% of day or more on
project. 100% credit toward
prime’s DBE goal.
Stockpiling
- DBE Contractor/Trucker who delivers materials, goods, or supplies to project
site. 60% credit toward prime’s
DBE goal.
Tailgating
- DBE Contractor/Trucker who delivers and installs materials, goods, or supplies
to project site. Must spend 20% or more time on project per day.
100% credit toward prime’s DBE goal.
Disadvantaged
Business Enterprise Requirements
(only if a DBE goal applies)
POLICY
It is the policy of the Ohio Department of
Transportation to ensure that disadvantaged business enterprises have an equal
opportunity to participate in the performance of ODOT projects.
Please be aware that the requirements of Title 49, CFR Part 23, Section
5525.011, O. R. C., ODOT Administrative Regulations 5501: 5-2-01 through 5501:
5-2-04 and the Surface Transportation Uniform Relocation Assistance Act of 1987
apply to this contract.
GOAL
At least ____ percent of this contract as
bid shall be subcontracted to DBE (Disadvantaged Business Enterprises) who have
been certified as DBEs by the Ohio Department of Transportation.
In order to be assured that the Contractor complies with this contract requirement the Contractor must provide certified payrolls from its DBE subcontractors. When the Contractor utilizes a service, for example trucking, to satisfy a part or all of its contractual goal, the Contractor, when requested, will be required to provide a copy of each canceled check issued to the DBE service provider until the goal amount is reached. The district shall total the amounts of the canceled checks and compare that total to the subcontract agreement by the parties and the C-92 issued to the Contractor for the work to be performed by the DBE subcontractor.
WAIVER PROCESS FOR DBE GOAL
In the event the Contractor is unable to meet the DBE Goal placed
on a project, a request for a waiver of all or part of the goal may be made to
the Office of Contracts. The
written request, along with information and documentation, must indicate that a
Good Faith Effort (GFE) was made to meet the goal. The Contractor must provide
the following information and documentation when requesting DBE goal waiver:
1.
Dollar value and % of DBE goal. Dollar value and % of waiver request.
2.
Signed copy of each subcontract or purchase order agreement
between the prime and DBE subcontractor utilized in meeting the contract goal.
3.
Copy of dated written communication, fax confirmation,
personal contact, follow up and negotiation with the DBEs.
4.
Copy of dated written communication and/or fax confirmation
that bidder solicited and provided DBEs with adequate information about the
plans, specifications and requirements of the contract in a timely manner to
assist them in responding to a solicitation.
5.
Copy of dated written communication and/ or fax confirmation
of each noncompetitive DBE quote that includes the dollar value of each
reference item and work type.
6.
Copy of dated written communication and/ or dated fax
confirmation of DBEs that were not interested in providing a quote for the
project.
7.
Documentation of all negotiating efforts and reason for
rejecting bids.
8.
Documentation of good faith efforts (GFE) to meet the DBE
subcontract goal, by looking beyond the items typically subcontract or
consideration of subcontracting items normally performed by the prime as a way
to meet the DBE goal.
The Contractor will receive written notification of
approval/non-approval within 10 business days.
If it is determined that the Contractor did not perform a GFE, the
Contractor will be notified in writing by the Office of Contracts.
The Contractor, may request administrative reconsideration within 14 days
of being informed that it did not perform a GFE. The Contractor must make this
request in writing to the following official:
Mark G. Kelsey, DBE Liaison Officer
Ohio Department of Transportation
1980 West Broad Street
Columbus, Ohio 43223
The reconsideration official will not have played any role in the
original determination that the Contractor did not document sufficient good
faith effort.
As part of this reconsideration, the Contractor will have the
opportunity to provide written documentation or argument concerning the issue of
whether it met the goal or made adequate good faith efforts to do so.
ODOT will send the Contractor a written decision on reconsideration
explaining the basis for finding that the Contractor did or did not meet the
goal or make adequate good faith efforts. The
result of the reconsideration process is not administratively appealable to the
US Department of Transportation. However,
it is appealable to the Franklin County Court of Common Pleas.
Affidavit
of Subcontractor Payment (only
if a DBE goal applies)
The
Code of Federal Regulations 49, 26.37(b), requires the Ohio Department of
Transportation (ODOT) to monitor and verify that work committed to Disadvantaged
Business Enterprise (DBE) firms at contract award is actually performed by the
DBEs. Additionally, ODOT is
required to report the DBE participation on each project, including all work,
materials or service sublets. Therefore,
it is ODOT’s responsibility to discern whether payments are made to DBE firms.
The
affidavit is to be completed on August 15th and February 15th of
each year for the life of the individual project and must be completed for each
DBE subcontractor. These will be
considered “interim” affidavits. If the project is finalized before the
August 15th or February 15th deadline, the interim
affidavit will not be necessary and the contractor must complete the final
affidavit as described on the back of the affidavit document.
A
final affidavit must be completed and signed by the contractor within
60 days of the final payment (see State of Ohio Department of Transportation
Construction and Material Specifications handbook, Section 109.12D).
The final affidavit seeks to verify actual total payments made to DBE
firms during the life of the individual project.
Each DBE firm must verify the actual payment amount.
The
blank spaces of the affidavit(s) must be filled in correctly, where indicated.
The affidavit(s) must be signed by the prime contractor and DBE
subcontractor, or by the DBE subcontractor and DBE sub-subcontractor, if
applicable. By signing the
affidavit(s), the noted firm agrees that the payment amount recorded is true and
accurate as of the payment time period.
Completed
and signed affidavit(s) shall be mailed to the Ohio Department of
Transportation, Office of Contracts, DBE Services Section, 1980 West Broad
Street, Columbus, Ohio 43223.