Local-Let Bid Proposal Checklist and Proposal Notes

Regular

 __ 1997 or 2002 Specifications (All projects to follow must follow current        Specifications by January 1, 2005)

__ 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


PROPOSAL NOTE 101-2002

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.

 

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 (cdlx-1m-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 (cdlx-1m-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 (cdlx-1m-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”.

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Prequalification Requirements

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.

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PROPOSAL NOTE 028-F

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.

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PROPOSAL NOTE 032

Work Type Codes and Descriptions

WT
Code


Work Type Description

WT
Code


Work Type Description

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

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PROPOSAL NOTE 030

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.

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PROPOSAL NOTE 034

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.

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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.

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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.

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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.

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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.

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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.

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Utility Note (if applicable)

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.

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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.

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PROPOSAL NOTE 045

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.

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PROPOSAL NOTE 059

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.

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PROPOSAL NOTE 061

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.

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PROPOSAL NOTE 017       

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.

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PROPOSAL NOTE 018

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.

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PROPOSAL NOTE 020

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.

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PROPOSAL NOTE 026       

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.

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PROPOSAL NOTE 048

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.

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PROPOSAL NOTE 105

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.

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PROPOSAL NOTE 007

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.

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PROPOSAL NOTE 013

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.

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PROPOSAL NOTE 015

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.