2015-08-04 Contract with MTZ Construction-Blair Connector TrailsCall Order 205
Project(s) ENH- 89(30)
STATE OF NEBRASKA
DEPARTMENT OF ROADS
PROPOSAL
FOR
HIGHWAY CONSTRUCTION
Proposal of 4917 - MTZ Construction, LLC
339 NW 16th Street
Lincoln NE 68528
Project No.: ENH- 89(30)
Location: BLAIR CONNECTOR TRAILS
Located in the County of WASHINGTON
State of Nebraska.
BID OPENING DATE: June 25, 2015 AT 1:30 P.M.
CALL ORDER: 205 CONTRACT ID: 2549X
CONTROL NO. SEQ. NO.: 22549 000 PROJECT NO.: ENH-.89(30)
TENTATIVE START DATE; *09/14/2015 CONTRACT TIMEo.40 Working Days
LOCATION: BLAIR CONNECTOR TRAILS
IN COUNTY: WASHINGTON
BIDDER
GROUP 1 GRADING
GROUP 3 CONCRETE PAVEMENT
GROUP 10 GENERAL ITEMS 4917
MTZ CONSTRUCTION, LLC
339 NW 16TH ST
LINCOLN, NE 68528 -1228
THIS PROPOSAL. CONTAINS A DBE GOAL OF 3.00
SEE SPECIAL PROVISIONS FOR GROUP TIES
NOTES
THE TOTAL AMOUNT OR WORK WHICH WILL BE ACCEPTED IN
THIS LETTING IS LIMITED TO $
THE NUMBER OF GROUP CONTRACTS WHICH WILL BE
ACCEPTED IN THIS LETTING IS LIMITED TO
TgTE 6F N�8R�
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Project No. ENH- 89(30)
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NOTICE TO ALL BIDDERS
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
i
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.
LETTING QUESTIONS
I
Prior to the letting, any questions pertaining to the Special Provisions or the Plans for this
project should be submitted to NDOR in a written format through the Bid Express (BidX) website
.at https: / /www.bidx.com /ne /lettings Likewise, NDOR will post answers exclusively -to the BidX
website. All official answers will be identified as "Authorized by NDOR." Questions will not be
answered verbally.
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Project No. ENH- 89(30)
FHWA -1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AiD CONSTRUCTION CONTRACTS
1. General
II. Nondiscrimination
III- Nonsegregated Facilities
IV. Davis - Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
Vl. Subletting or Assigning the Contract
Vii- Safety: Accident Prevention
Vill. False Statements Concerning Highway Projects
1X. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment termination of the contract. suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA;
4. Selection of Labor. During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a- construction projection a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors_
It. NONDISCRIMINATION
The provisions of this. section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10;000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
L GENERAL
1. Form FHWA -1273 must be- physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding. purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA -1273 are
incorporated by reference for work, done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA -1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements, and other agreements for
supplies or services). The design - builder, shall be responsible
for compliance by any subcontractor, -lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA -1273 in bid
proposal or request for proposal documents, however, the
Fonn FHWA -1273 must be incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding g purchase orders, rental agreements
and other. agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractors own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by. piecework, station work, orby subcontract
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,.
29 CFR 1625 -1621, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USG 794), Title VI
of the Civil Riights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor . and all subcontractors must comply with: the
requirements ments of the Equal. Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60 -4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625- 1627.. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth . -
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1580,29 CFR 1625 - 1627;41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific-affirmative
action standards for the contractors project activities under
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Project No. ENH- 89(30)
this contract:. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12161 et seq_) set forth under 28 CFR
3a and 29 C:FR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement: activities of EEO:
4. Recruitment When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a, The contractor will, unless preduded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
.potential minority group employees, and establish with such
identified sources procedures whereby minority and.women
applicants may be referred to the contractor for employment
consideration.
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
.of activities under the contract.
b. The contractor will accept as'its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability, Such action shalt include:
employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre - apprenticeship, and /or on -the-
job training."
2. EEO Officer: The contractorwill designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members ofthe contractor's
staffwho are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Oltiner, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment
the project will be instructed by the.EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d.- Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.,
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the - extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of .
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal provisions.
c. The contractor wiltencourage its present employees to
refer minorities and women as applicants for employment_
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shalt.be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability.. The following procedures shall be
followed:
a. The contractorwill conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractorwill periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination_ Where evidence is found, the contractor will
promptly take corrective action." If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected. persons. -
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will. attempt to resolve
such complaints, and wilt take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
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Project No. ENH- 89(30)
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the. type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on -the -job training programs for the
geographical area of contract performance. in the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive . welfare assistance
in accordance with 23 U.S.C_ 140(a).
c. The contractorwill advise employees and applicants for
employment of available training programs and entrance
requirements for each.
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will' use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly orthrough a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractorwill use good faith efforts to. develop, in
cooperation with the unions, joint training programs airried
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability_
c. The contractor is to obtain information as to the - referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shalt set forth what efforts have
been made to obtain such. information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set -forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and - women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a. collective .
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
S. Reasonable Accommodation for Applicants /
Erriployees with Disabilities: The contractor must be familiar
b: The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations_
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT - approved Di3E program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract_ The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT- assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall-keep such
records as necessary to document compliance with the EEO -
requirements: Such records shall be retained for a period of
three years following the date of the. final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following :
(1) The number and work hours of minority and non- -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
- (3) The progress and efforts being made in locating, hiring,
training, qualifying: and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July forthe duration of
the project, indicating the number of minority, women, and
non- minority group employees currently engaged in each work
- classification required by the contractwork. This information is
to be reported on Form FHWA -1391 The staffing data_should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on4he -job
training is being required by special provision, the contractor
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Project No. ENH- 89(30)
will be required to collect and report training data. The
employment data should reflect the work force onboard during
all or any part of the last payroll period preceding the end of
July.
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shalt be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein; Provided.
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federaf -aid construction
contracts and to all related construction subcontracts of
$90,000 or more.,
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom_ The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting mwns, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV, DAVIS-BACON RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
Projects exceeding $2,004 arid -to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projeots located within the right-of-
Way of .a roadway that is functionally classified as Federal -aid
highway. This excludes roadways.functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Depart ment of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements. . .
1: Minimum wages.
a. All laborers and mechanim employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less .
than those contained in the wage determination of the
Secretary of Labor which is. attached hereto and made a part .
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe: hr r wfils under section 1(b)(2) of the Davis- Bacori
Art on hehalf of laborers or mechanics are considered.wages
paid to such laborers or mechanics, subject to the provisions
M
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in.
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage'
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore citify when lire following criteria have been met
(i) The wurk to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractorand the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator ofthe Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is
necessary_
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for-fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wavle and I lour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting. officer or
Project No. ENH- 89(30)
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefi t as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program. Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside . in a separate account assets for the meeting of
obligations under the plan or program.
2. Withbotding
The contracting agency shall upon its own action or upon
written request -of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as .
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds -until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course.of the work and
preserved for a period of three years thereafter for all laborers
and mechanics- working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis - Bacon -Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of tabor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals_ Instead the payrolls shall only need to.
include an individually identifying number for each employee
e_g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired_ Optional Form WH -347 is
available for this purpose from the Wage and Hour Division
Web site at http:// www. dol. gov /esa /whd /formslwh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors_
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or.the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own -
records, without weekly submission to the contracting agency.:
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR. part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed, on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 GFR
part 3;
(iii) That each laborer or mechanic has been paid not -
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
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Project No. ENH- 89(30)
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c_ The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA,. or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or. subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension. of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be for debarment action pursuant to 29 CFR 5.12,
4. Apprentices and trainees
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions ofthe apprenticeship program. Ifthe
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benetds
listed on the wage determination for the applicable
classification. if the Administrator determines, that a different
practice prevails for the applicable apprentice classification, _
fringes shall he paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, Ora State Apprenticeship:Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
a. Apprentices (programs of USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they arP
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U,S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship .
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State.
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. in addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered.program shall be paid.not
less than the applicable wage rate on the wage determination.
for the work actually performed: Where a contractor is
performing construction on a project in, a locality other than
that in which.its.program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or suhrontractor's registered
program shall be observed.
Every apprei mice rnust be paid at not less than the. rate'
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
The ratio of trainees to journeymen on the job site shalt not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate .
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. if the trainee program does riot mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that _
there is an apprenticeship program associated with the
corresponding journeyman wage rate. on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered participating in a training plan
approved by the Employment and Training Administration shall
be paid not less-than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will, no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employmentopportunity. The utilization of
apprentices, trainees and journeymen under this _part shall be
in conformity with the equal employment opportunity
requirements of EXecutive Order 11246, as amended, and 29
CFR part 30.
i
Project No. ENH- 89(30)
i
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as.promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
S. Compliancewith Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6, Subcontracts. The contractor or.subcontractor shall insert
Form FHWA -1273 in any subcontracts and also.require.the
subcontractors to include Form FHWA -1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
With all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis - Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards, Disputes arising
out of the labor standards - provisions. of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between. the contractor (or any of its subcontractors) and the.
contracting agency, the U.S. Department of Labor, or the
employees or their representatives. .
10, Certification of eligibility.,
a. By entering into this contract. the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the.Davis =Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction .
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted In addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
.used in this paragraph, the terns laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers. or mechanics shall
require or permit any such laborer or mechanic in any .
workweek 'in which he or she is employed on such work to
work in excess offorty hours in such workweek unless such
taborer or mechanic receives compensation at a rate not less
than one and one -half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. -
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic,.includingwatchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on'which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of-the overtime-wages required by the
clause set forth in paragraph (1.) of this section.. ,
3. Withholding for unpaid wag es.and liquidated damages.
The FHWA or the contacting agency shalt upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed. by the
contractor or-subcontractor under any such contract or
other Federal contract with the same prime contractor, or any
other federally - assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause, set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses - set forth. in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor.shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
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Project No. ENH- 89(30)
Vl. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 633.116).
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees nr
equipment of a subcontractor or lower -tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all ofthe following conditions:
(1) the prime contractor maintains control over the
supervision of the day -to -day activities of the leased
employees;
(2) the prtmn contractor remains responsible for the quulity
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. 'Specialty. Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified -and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components ofthe overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3_ The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
dirrca pt^rfnmianr,.e of Itte work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of v�ho performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance ofthe contract,
4. No portion of the contract shall be sublet, assigned or
otherwise disposed.of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be, given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self- pertormance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self - performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h 1 s p r o v 1 s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts-
1 . In the performance of this contract the contractor shall
comply with alt applicable Federal State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
rnasonp,bly necessary to protar.t the life and health of
employees on the job and the safety of the pi ihlic and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each. subcontract, which the contractor enters into
pursuant to this contract, thatthe contractor and any
subcontractor shell not permit any employee, in perfutiitauce
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his /her , ..
health or safety, as determined under construction safety and
liculth standards (29 CI-R 1920) pornulgated.by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards.Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
Performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 ofthe
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high .
degree of reliability on statements and representations made
byengineers, contractors, suppliers, and workers on Federal_.
aid highway projects. It is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law, To prevent any
misunderstanding regarding the seriousness these and
similar acts; Form FHWA -1022 shall be posted on each
Federal -aid highway project (23 CFR 635) one or more
places Where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
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Project No. ENH- 89(30)
'Whoever. being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation: or
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to fumish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation .
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. if it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes - any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads -Act approved July 1. 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
1X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid; proposal or the execution of this
contract, or subcontract. as appropriate, the bidder-, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate. wilt be deemed to have stipulated as follows;
1. That any, person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act,
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action) as
the contracting agency may direct as ,a means of enforcing
such requirements_
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more— as
defined in 2 CFR Parts 130 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
.b. The inability of a person.to provide the certification set out
below will not necessarily result in denial of participation in
d. The Prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction;' "debarred,"
" suspended," "ineligible," "participant," "person," - "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal.funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant' refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction-
g. The prospective firstItier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions;"
provided, by the department or contracting agency, entering
into this covered transaction; without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. .
h. A.participant in a covered transaction may rely upon a
certification or a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred; or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (hitps: / /www.epfs.aovn which is
compiled by the General Services Administration.
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Project No. ENH- 89(30)
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant .
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except fortransactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default-
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The. prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three -year period preceding this
proposal been convicted of or had a civil judgment rendered
against their for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of *records, making false
statements, or receiving stolen property;
(3) Are not presently Indicted for or otherwise criminally or
Civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three -year period preceding this
application /proposal had one or more public transactions
(Federal, State or local) terminated for cause or default_
b. Where the prospective participant is.unable to certify to
any of the statements in this certification, such prospective .
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a, By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and /or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted If at any time the prospective lower tier - participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"Suspended , ". "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a .
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers)_
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any tower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, ineligibility
and Voluntary Exclusion - tower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in -all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. .
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is notdebarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. Aparticipant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https:i/www.epls.gov/) which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shalt be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph e'of
these instructions, if a participant in a covered transaction
knowingly enters into .a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
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Project No. ENH- 89(30)
department or agency with which this transaction originated
may pursue available remedies, including suspension and /or
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - -Lower Tier
Participants:
1 _ The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
Xh CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20)_
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for .
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation. renewal, amendment. or
modification of any Federal contract, grant, loan, or
cooperative agreement_
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or .
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disc[osure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into.. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil. penalty of not less than
$10,000.and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its -
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
-13_
Project No. ENH- 89(30)
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
underthe Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on -site work,, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the. contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exccud 20 percent of the total number of employees employed
by the contractor on the contract wnrk, exceptas provided in
subparagraph (4) below_
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of emptoyPps required in
each classification, (c) the date on which the participant.
estimates such employees will be- required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by .
telephone. If during the, cnurse of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify .
the State Employment Service.,
3_ The contractor shall give full consideration to all qualified.
job applicants referred to him by_the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
e:erlificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records_ Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1 c)
above,
ti, The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference forthe
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
Project No. ENH- 89(30)
NOTICE OF REQUIREMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY
(EXECUTIVE ORDER 11246)
1. - The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate work force in each trade on all construction work in the covered area are as follows:.
GOALS FOR MINORITY PARTICIPATION IN EACH TRADE
Goal
Economic Area
%
Economic Area
103 Sioux City, IA:
Non -SMSA Counties .. ... ... .
SMSA Counties:
IA Adams, IA Audubon, IA Cass,
7720 Sioux City, IA -NE ...........
1.9
IA Fremont, IA Harrison, IA Mills,
IA Woodbury, NE Dakota
IA Montgomery, IA Page, IA Shelby,
Non -SMSA Counties
1.2
IA Taylor, WE Burt, WE Cass, NE Colfax,
..
IA Cherokee, IA Crawford, IA Ida,
NE Dodge, NE Platte, WE Saunders,
IA Monona, IA O'Brien, IA Plymouth,
N E Washington
IA Sioux, NE Antelope, WE Cedar,
144 Grand Island, NE:
WE Cuming, WE Dixon, NE Knox;
Non -SMSA Counties . . . . .. - -• . .
WE Madison, WE Pierce, NE Stanton,
WE Adams, .NE Arthur, WE Blaine,
WE Thurston, WE Wayne, SO BonHomme,
WE Boone, NE Boyd, WE Brown,
SO Clay, SD Union, SO Yankton
NE Buffalo, NE Chase, WE Cherry,
142 Lincoln, NE:
NE Clay, WE Custer, NE Dawson,
SMSA Counties.
Dundy, NE Franklin, WE Frontier,
4360 Lincoln, WE
2.8
NE Furnas, WE Garfield, WE Gosper,
- WE Lancaster
NE Grant, WE Greeley, WE Hall, WE
Non -SMSA Counties
1.9
Hamilton, WE Harlan, WE Hayes,
...
WE Butler, NE. Fillmore, NE Gage,
NE Hitchcock, WE Holt, WE Hooker,
WE Jefferson, NE Johnson, NE Nemaha, :
WE Howard, NE Kearney, WE Keith,
WE Otge, NE Pawnee, NE Polk, WE
WE Keya Paha, WE Lincoln, WE Logan,
Richardson, WE Saline, NE Seward,
NE Loup, WE McPherson, NE Merrick,
NE Thayer, NE York
WE Nance, WE Nuckolls, WE Perkins,
143 Omaha,-NE:
WE Phelps, WE Red Willow, WE Rock,'
SMSA Counties: -
WE Sherman, WE Thomas, NE Valley,
5920 Omaha, NE -IA. .. ...
7.6
NE Webster, NE Wheeler
IA Pottawattamie, NE Douglas,
145 Scottsbluff, NE:
NE.Sarpy
Non -SMSA Counties .. :. . .
WE Banner, WE Box Butte, WE Chey-
Goal
5.3
1.4
5.3
enne, WE Dawes, WE Deuel, . WE
Garden, WE Kimball, WE Morrill,
NE Scotts Bluff, NE. Sheridan, WE
Sioux, WY Goshen
GOALS AND TIMETABLES FOR FEMALE PARTICIPATION IN EACH TRADE
Goals
Timetables (Percent)
From April 1, 1980 until further notice s 9
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 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 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 the regulations in 41 CFR Part Compliance with the goals will be
measured against the total..work hours performed.
3. The Contractor shall provide written notification -to the Director of the Office of Federal Contract Compliance
Programs-within 10 working days of award of any construction subcontract in excess of $10,000 at any tier .
for construction Work under the contract resulting from this solicitation. The notification shall -list the name,.
address acrd 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
4. As used in this Notice, and in the contract resulting from - this- solicitation, the "covered area" is by county.
November 3, 1980 1
15-
Project No. ENH- 89(30)
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract
resulted;
b. "Director"' means Director, Office of Federal Contract Compliance Programs, United States Department
of Labor, or any person to whom the Director delegates authority;
C, "Employer Identification Number" means the Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U . Treasury Department Form 941.
d. "Minority includes:
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central -or South American or other
Spanish Culture or origin, regardless of race) -;
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands) ; and
(iv) American. Indian or Alaskan Native (all persons having origins in any of the original peoples.of
North America and maintaining identifiable tribal affiliations through membership and participation
or community identification).
2. Whenever the Contractor, or. any, Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include Jn each subcontract in excess of $10,000 the provisions of these
specifications and-the Notice; which contains the applicable goals for minority and female participation * and
- -. which is set forth in - the solicitations from which this contract resulted.
3. If the Contractor 'is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the - covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area.(including goals and timetables) shall be' in accordance with that Plan
for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their.
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its obligations under
the EEO clause, and to make a goodfaith effort to achieve each goal under the Plan in each trade in which it
has employees_ The overall good faith performance by other Contractors or Subcontractors toward a -goal in an
approved Plan does not - excuse any covered Contractor's or Subcontractor's failure to take good faith efforts
to achieve the Plan goals and timetables. .
4. The Contractor shall implement the specific aff irmative. action standards provided in paragraphs 7a through p
of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as
percentages.of the total hours of employment and training of minority and female utilization the Contractor
should reasonably be able to achieve in each construction trade in which it has employees in the covered area.
Covered Construction contractors performing construction work in geographical areas where they do.not have
a Federal or federally assisted construction contract shall apply the minority and female goals established for
the., geographical area' where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance
Programs- office or from Federal procurement contracting officers. The Contractor is expected to make-.
substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either- minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 112411, or the regulations promulgated
pursuant thereto.
6.. 'In order.for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must-have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U.S. Department of Labor.
November 3, 1980. _2_
16-
Project No. ENH- 89(30)
7. The Cont ractorshall take specific affirmative actions to ensure equal employment opportunity. The evaluation
of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum
results from its action. The Contractor shall document these efforts fully and shall implement affirmative
action steps at least as extensive as the following: -
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project. The Contractor shall specifically
ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry
out the Contractor's obligation to maintain such a working environment, with specific attention to
minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female Off-
the-street applicant and minority or female referral from a union, a - recruitment - source or community
organization and of what action was taken with respect to each such individual. If such individual was
sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if
referred, not employed by the Contractor, this shall be documented in the file with the reason therefor,
along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with. which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or
woman sent by the Contractor, or when the Contractor has other information that the union referral
process has impeded the Contractor's efforts to meet its obligations.
e. Develop on- the -job training opportunities and /or participate in training programs for the area.which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment needs, especially those programs funded or approved'
by the Department of Labor. The Contractor shall provide notice of these programs to the sources
compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy•to unions and training
programs requesting their cooperation in assisting the Contractor in meeting its 'EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in: the
company newspaper, annual report, etc.; by specific review of the policy with all management personnel
and with all minority and female employees at least once . a year; and by posting thecompany EEO
policy bulletin boards accessible to all employees at each location where construction work is
performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff,` termination
or other employment decisions including specific review_ of these items with on -site supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and dispositon of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,
.specifically including minority and female. news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and Subcontractors with .whom 'the'
Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations,.
to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other. minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female youth
both on the site and in other areas of a Contractor's work, force.
November 3, 1980 -3-
-17-
Project No. ENH- 89(30)
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR
Part 60 -3.
I. Conduct, at least annually, an inventory and at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or prepare for, through appropriate
training, etc., such opportunities.
M. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all personnel" and employment related
activities to ensure that the EEO policy and the Contractor's obligations under these specifications are
being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate or.siingle -user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
P. Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's_ EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -
union, contractor- community, or other similar group of which the contractor is a member and participant,
may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications
provided that the contractor actively participates in the group, makes every effort to assure that the group has
a positive. impact on the employment of minorities and women in the industry, entures that the concrete
benefits of the program are reflected in the Contractor's minority and female workforce participation,, makes
a good faith effort to meet its individual goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply,
however, is the. Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor,
however; is required to provide equal employment opportunity and to take affirmative action for all minority
groups; both male and female, and all women, both minority and non = minority: Consequently, the Contractor
may be in violation of the Executive' Order if a particular group is employed in a substantially disparate
manner (for example, even though the Contractor has achieved . its goals for women generally, the :Contractor
may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
11. The contractor shall. riot enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may
be imposed or.ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance. Programs. Any Contractor who fails to Carry out such sanctions
and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60 -4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure That
the company EEO-policy is being carried out, to submit reports relating to the provisions hereof may be
required by the Government and to keep records. Records shall' at least include for each employee the name,
address, telephone numbers, construction trade, union affiliation if any employee identification number when
assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates
of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the
November 3, 1980
-4-
18-
Project No. ENH- 89(30)
work was performed. Records shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not be ,required to maintain
separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development
Block Grant Program).
Supplemental Reporting Requirements
A. The contractor will keep such records as are necessary to determine compliance with the contractor's equal
employment opportunity obligations. The records kept by the contractor will be designed to indicate the
number of minority and non - minority group members and women employed in each work classification on the
project.
B. All such records must be retained for a period of three years following completion of the contract work and
shall be available at reasonable times and places for inspection by authorized representatives of the State
Highway agency and the Federal Highway Administration.
C. The Contractor and each covered subcontractor will submit to the State Highway agency, for the month of
July, for the duration of the project, a report (Form PR -1391) - "Federal -aid Highway. Construction
Contractors Annual EEO Report), indicating the number of minority, women, and non - minority group
employees currently engaged in each work classification required by the.contract work. If on- the -job training
is being required by "Standard Federal Equal Employment Opportunity Specifications" the contractor will be.
required .to- furnish (Form FHWA 1409) "Federal -aid Highway Construction Contractor's Semi - Annual
Training Report ".
Equal Employment Opportunity Policy
The contractor will accept as his operating policy the following statement which is designed to further the provision
of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin,
and -to promote the full realization of equal employment opportunity through a positive continuing program:
It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color, or national origin. Such action .shall include:
- employment, upgrading, demotion, _ or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay, or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship,
and /or on-the-job training.
November 3 5
-19-
Project No. ENH- 89(30)
General Decision Number: NE150028.01/02/2015 NE28
Superseded General Decision Number: NE20140028
State: Nebraska
Construction Type: Highway
Counties: Cass, Douglas, Sarpy and Washington Counties in
Nebraska.
HIGHWAY CONSTRUCTION PROJECTS
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis -Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
- listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination,. if it
is higher) for all hours spent performing on the contract. The
. EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov /whd /govcontracts.
Modification Number Publication Date
.0 01/02/2015
* ELEC1525 -004 09/02/2013
Rates Fringes,
LhNE CONSTRUCTION
Groundman ...................$ 22.31 11.36
Lineman: Douglas County
only.........................$ 34.48 14.83
ENGI0571 -006 01/01/2013
Rates Fringes
OPERATOR: Roller (Cass
County) ........................$ 15.16 9.60.
SUNE2011 -024 08/29/2011
Rates Fringes
CARPENTER, Includes Form Work
Cass County .................$ 20.38 7.24
Douglas County ..............$ 25.29
Sarpy County ................$ 22.29 6.80
Washington County ........... $ 23.73 8.06
CEMENT MASON /CONCRETE FINISHER
-20-
Project No. ENH- 89(30)
Cass, Washington county ..... $
19.76
3.00
Douglas County ..............
$
19.67
3.00
Sarpy County ................$
20.42
3.00
ELECTRICIAN (INCLUDING
TRAFFIC SIGNALIZATION)
Cass, Washington Counties...$
28.03
11.79
Douglas County ..............
$
28.60
11.79
Sarpy County ................$
25.04
10.36
TRAFFIC SIGNALIZATION
GROUNDSMAN
Cass,- Douglas &
Washington Counties ........
$
18..50
9.39-
Sarpy County ................
$
14.23
5.95
HIGHWAY /PARKING LOT STRIPING:
Truck Driver (Line Striping
Truck)
Cass & Sarpy Counties .......
$
14.82
6.90
Douglas & Washington
Counties ....................$
17.33
6.43
HIGHWAY /PARKING LOT STRIPING:
Laborer ..........................$
16.78
6.15
IRONWORKER, REINFORCING
Cass County .................$
25.11
9.40
Douglas County ...............
$
23.16
8.86
Sarpy & Washington Counties.$
24.401
9.20
LABORER: Common or General
Cass County.... ...........$
15.60
6.35
Douglas County ........
16.60
6.35
Sarpy & Washington Counties.$
14.86
6.35
LABORER: Concrete Saw (Hand
Held /Walk Behind)
Cass, Sarpy & Washington
Counties .................:...$
17.26
6.55
Douglas County ..............:$
17.43
6.55
LABORER: Mason Tender -
Cement /Concrete ..................$
10.44
LABORER: Traffic Control -
Flagger and Cone /Barrel - Setter...$
14.86
6.35
Line Construction; (Lineman).
Cass, Sarpy & Washington
Counties .............:......$
26.74
11.29
Operating Engineers:.(Skid
Loader)
Cass, Sarpy & Wash.ington.
County ........................
$
17.60
6.75
Douglas County....:
$
14.99
6.75
-21 -
Project No. ENH- 89(30)
OPERATOR: Asphalt Grinder
Cass & Sharpy Counties ......
$
19.91
3.77
.Douglas & Washington
Counties ....................$
26.00
10.32
OPERATOR: Asphalt Spreader ......
$
20.25
OPERATOR: Backhoe /Excavator
Cass County ..................
$
.19.93
6.60
Douglas County ..............
$
22.32
6.75
Sarpy County. ...............$
21.25
6.60
Washington County ...........
$
20.93
7.10
OPERATOR: Broom /Sweeper.........$
13.21
OPERATOR: Bulldozer
Cass County .................$
20.27
6.67
Douglas County ..............$
20.21
6.75
Sarpy County ................
$
20.21
6.60
Washington County ...........
$
20.27
6.65
OPERATOR:- Compactor
Cass, Sarpy & Washington .... $
18.66
6.75
Douglas County ...........:..$
18.66
6.92
OPERATOR: Crane
Cass County .................$
22.96
6.-60
Douglas County ..............$
24.67
6.75
Sarpy County .......:........$
23.25
6.60
Washington County ...........
$
24.28
6.75
OPERATOR: Grader /Blade
Cass County.... :...... ..$
2.0.21
6.60
Douglas County ...............
$
21 -17
6.75
Sarpy County ....:............$
20.35
6.75
Washington.County ............
$
20.99
6.75
OPERATOR: Hydrohammer............$
17.03
OPERATOR: Loader -
Cass, Douglas & Washington
County .........................$
20.21
6.75
Sarpy County ................$
20.21.
6.60.
OPERATOR: Mechanic
Cass Couty ...................
$.26
-.35
6.75
Douglas County... .............$
-23.03
6.75
Sarpy & Washington.Counties.$
23.54
6.75
OPERATOR: Milling Machine... .....
$
20.93
6.75
OPERATOR: Oiler ..................
$
17.02
6.75
OPERATOR: Paver. (Asphalt,
Aggregate, and Concrete) .........
$
20.93,
6.75
OPERATOR: Roller
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Project No. ENH- 89(30)
Douglas, Sarpy &
Washington Counties .........
$ 18.66
6.75
OPERATOR: Scraper ...............$
20.93
7.10
OPERATOR: Tractor
Cass & Sarpy Counties .......
$ 13.99
6.60
Douglas County ..............$
17.34
6.75
Washington Counties ........ .$
16.57
6.75
OPERATOR: Trimmer (Dirt Only) ...
$
6.75
POWER EQUIPMENT OPERATOR:
(BACKHOE /LOADER COMBO)...........$
15.94
TRUCK DRIVER, Includes Dump
and Tandem Truck
Cass County .................$
16.78
6.90
Douglas & Washington
Counties.......... .........$
16.42
6.40
Sarpy County ................$
16.18
6.90
TRUCK DRIVER: Boom Truck
Cass, Sarpy & Washington
Counties .....................
20.08
3.75
Douglas County .............,$
19.13
1.11
TRUCK DRIVER: Lowboy Truck
Cass County.:-:.... .......$
20:31
6.40
Douglas County ..............$
20.89
6.40
.. Sapry County'.. ..............$
20.72
6.72
Washington County....:.....:$
20.75
6.40
TRUCK DRIVER: Semi - Trailer
Truck.... ........ .............$
14.39
TRUCK DRIVER: Water.Truck ...... _
$ 18.00
6.40
WELDERS - Receive rate prescribed.for craft performing
operation to which welding is incidental.
Unlisted classifications needed - for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (l) (ii))
The body .of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in -the area covered by the wage
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Project No. ENH- 89(30)
determination. The classifications are. listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines.beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in- processing
the wage determination. 07 /01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived;by computing a_ weighted average
rate based on all.the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012- 00.75/13/2014. SU indicates
the rates are survey rates based: on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates.are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a-
new survey is conducted.
Union Average Rate Identifiers-
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100%_ of the data reported for the
classifications was union data. EXAMPLE: UAVG -OH -0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an- internal number used in producing the wage
determination..08 /29/2014 indicates the survey completion date
for the.classifications and rates under that identifier.
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Project No. ENH= 89(30)
A UAVG rate will be. updated once a year, usually in January of
each year, to reflect a weighted average of the- current
negotiated /CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
l.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the .process described in 2.)
and 3.) should be followed..
With regard to any other not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Det- erminations. Write to:'
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 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,. DC 20210
The request should be accompanied by a full statement of the -
interested party's position' and by any information (wage.
P ayment data, project description, area practice material,
etc.) that the requestor 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:
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Project No. ENH- 89(30)
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Project No. ENH- 89(30)
SPECIAL PROVISIONS --
FOR
FEDERAL AID
PROJECT NO. ENH- 89(30)
GENERAL CONDITIONS
Bids for the work contemplated in this proposal form will be received by the Department of
Roads of the State of Nebraska, for the City of Blair, Nebraska, at the office of the Nebraska
Department of Roads in Room 104 of the Central Office Building at 1500 Highway 2 at Lincoln,
Nebraska, on June 25, 2015, until 1:30 P.M.
a. Bids submitted by mail should be addressed to the Nebraska Department of Roads,
c/o Contract Lettings Section, P.O. Box 94759, Lincoln, NE 68509 -4759.
b. Bids submitted electronically over the internet, shall be submitted using www..bidx.com
The 2007 Edition of the Standard Specifications for Highway Construction, including all
amendments and additions thereto effective at the date of the contract, are made a part of these
Special Provisions, through reference.
The Required Contract Provisions, Form FHWA 1273, (Rev. 5 -12), and the. Notice of
Requirement for Affirmative Action to Ensure Equal Employment Opportunity and Standard
Federal Equal Employment Opportunity Construction Contract Specifications dated
November 3, 1980, - are attached to and are a part of this proposal form.
The General Wage Decision issued under the Davis -Bacon and Related Acts is attached to and
is a part of this proposal form.
The attention of bidders is directed to the Required Contract Provisions covering subletting or
assigning the contract:
- GROUPS 1, 3 AND 10 ARE TIED TOGETHER AND BIDDING PROPOSAL FORMS FOR THIS
WORK WILL BE ISSUED AND A CONTRACT AWARDED TO A CONTRACTOR WHO IS
QUALIFIED FOR CONCRETE PAVEMENT.
DISADVANTAGED BUSINESS ENTERPRISES
(A -8 -0507)
A. Policy
The Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in
49 CFR Part 26 shall have a "level playing field" and equal opportunity to participate in
the performance of contracts financed. in whole or in part with Federal funds under this
contract. Consequently, the Disadvantaged Business requirements of 49` CFR.Part 26 -
are hereby made apart of and incorporated by this reference into this contract.
27
Project No. ENH- 89(30)
B. Disadvantaged Business Enterprises Obligation
The Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in
49 CFR Part 26 have a "level playing field" and equal opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal
funds provided under this agreement. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that
Disadvantaged Business Enterprises have a "level playing field" and equal opportunity to
compete for and perform contracts. The Contractor shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of FHWA assisted
contracts.
Failure of the Contractor to carry out the requirements set forth above shall constitute
breach of contract and, after the notification of the FHWA, may result in termination of the
agreement or contract by the State or such remedy as the State deems appropriate.
DISADVANTAGED BUSINESS ENTERPRISES
(Prime Contractor Reporting of DBE Payments)
(A -8- 1110)
This project is funded with Federal Funds and NDOR is required by law to collect DBE
payment data from the Contractor. The Prime Contractor shall complete the DBE Total Paid To
Date portion on the Monthly Employment Report. This report can be found by using the
"Contractor Reports" link at www.nebraskatransportation.org /letting /index.htm All reports must
be completed by the Prime Contractor no later than the 10 day of the following month. No
estimates /invoices will be processed until this information is received.
USE OF DISADVANTAGED BUSINESS ENTERPRISES
(A -9 -0512)
I. INTRODUCTION: The specific requirements of the use of Disadvantaged Business.
Enterprises, hereinafter referred to as DBEs, are set forth in these Required Contract -
Provisions and are imposed pursuant to the Code of Federal Regulations, Title 49,
Part . 26 and the Nebraska Department of Hoads' Disadvantaged Business Enterprise
(DBE) Program, which are hereby made a - part of and, incorporated by this reference into
this proposal. Copies of these documents are available, upon request, from the
Nebraska Department of Roads, Disadvantaged Business Enterprise Office, P.O. Box
94759, Lincoln, Nebraska 68509 -4759.
A. Definitions
1. Whenever "NDOR`' is used within these special provisions it shall refer to
the Nebraska Deparlrrrent of Roads.
2. Whenever- "DOT" is used within these special provisions, it shall refer to
the United States Department of Transportation.
-28-
Project No. ENH- 89(30)
3. For the purpose of these special provisions, the following definitions will
apply:
a. Disadvantaged Business Enterprise (DBE) means a for profit
small business concern, as defined pursuant to Section 3 of the
Small Business Act and Small Business Administration regulations
implementing it, which is independently owned and controlled by
one or more socially and economically disadvantaged individuals.
b. Owned and controlled means a business:
(1) Which is at least 51 percent (51%) owned by one or more
socially and economically disadvantaged individuals or
women, or, in the case of a public owned business, such
individuals must own at least 51- percent (51 %) of each
class of voting stock and 51 percent of the aggregate of all
stock outstanding.
(2) Whose man .-agem and daily - business operations are
controlled by one or more of the socially and economically
disadvantaged owners.
C. Socially and economically disadvantaged individual means a
person who is a citizen lawful permanent resident) of the
United States, and who is:
(1) "African American," which includes persons having origins
in any of the Black racial groups of Africa;
(2) "Hispanic American," which includes persons of Mexican,
Puerto Rican, Cuban, Dominican, Central or South
American, or other Spanish. or Portuguese culture or origin,
regardless of race;
(3) "Native American," which includes persons who are
American Indians, Eskimos, Aleuts, or Native Hawaiians;.
(4) "Asian- Pacific American," which includes persons whose
origins are from Japan, China, Taiwan, Korea, Burma
(Myanmar), Vietnam, Laos, Cambodia (Kampuchea),
Thailand, Malaysia, .Indonesia, the Philippines, Brunei,
Samoa, Guam, -the U.S. Trust Territories of the Pacific
Islands (Republic of Palau), the Commonwealth of the
Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati,
Juvalu, Nauru, Federated States of Micronesia, or Hong
Kong;
(5) "Subcontinent -Asian American," which includes persons
whose- origins are from India, .Pakistan, Bangladesh,
Bhutan, the Maldives Islands, Nepal or Sri Lanka;
-29-
Project No. ENH- 89(30)
(6) A Woman;
(7) Any additional groups whose members are designated as
socially and economically disadvantaged by the SBA, at
such time as the SBA designation becomes effective.
II. DBE CONTRACT GOALS:
A. DBE goals are set by the NDOR for specific contracts. The specific DBE
contract goals are stated on the Required DBE Participation Form included in the
proposal. The Contractor must meet or exceed the goal or demonstrate good
faith efforts to meet the goal. Requirements for submission of DBE good faith
effort information are contained in Section IV of these special provisions.
B. A current list of certified DBE firms will be posted on the NDOR website
(www.dor. state. ne. us). Only the _DBE firms whose names appear on the list will
be considered in meeting the contract goal for this project. The DBE firms will be
considered only for the items of work listed under the heading, "Nature of
Business." DBE firms may request to have additional items of work added to
their "Nature of Business," however, no items of work will be added after
5:00 p.m., ten (10) calendar days preceding the letting.
C. Contractors shall, as a'minimum, seek DBE subcontractors in the same
geographic area in which they subcontractors generally for a given
solicitation. If the Contractor cannot meet the DBE goals using DBEs from the
normal area, the Contractor will expand its search to a reasonably greater
geographic area.
D. Contractors are required to make good faith efforts to replace a DBE
subcontractor that is unable to perform with another DBE: In order to ensure
compliance with this requiretrieril any substitution of DBE subcontractors after
execution of the contract must be approved by the NDOR.
E_ Contractors are also encouraged to use the services .of banks owned and
controlled by minorities and women; however, this will not be counted toward the
contract DBE goal.
III. MEETING DBE CONTRACT GOAL CRITERIA: The award of the contract will be made
upon satisfaction of the requirements of these special provisions. The apparent low .
bidder must either meet or exceed the DBE goals for the contract or satisfy the NDOR
that good faith efforts were made to meet -the goals.
A. REQUIRED DBE PARTICIPATION INFORMATION: All- bidders are required to
submit to the NDOR the "Required DBE Participation Form" with their bid
proposal on the form provided in this proposal.
B. THE REQUIRED DBE PARTICIPATION FORM, SHALL INCLUDE:
1. The names and addresses of the -DBE subcontractors that will actually
participate in meeting the contract goal.
--30-
Project No. ENH- 89(30)
2. A complete description (by item number or group, etc.) of the work each
named DBE subcontractor will perform.
3. The dollar amount of-participation by each named DBE subcontractor.
4. Written and signed documentation from the bidder of commitment to use
a DBE subcontractor whose participation it submits to meet a contract
goal,
5. The apparent low bidder must submit written and signed confirmation
from each DBE that it is participating in the contract as provided in the
Prime Contractor's commitment, by 5:00 p.m. on the fifth (5 calendar
day following the letting.
6. If the contract goal is not met,. evidence of good faith efforts.
C. The proposal will not be read if the "Required. DBE Participation Form" is not
included.
If no DBE participation is intended, the form must. indicate that good faith effort
documentation will be submitted. A blank form that is signed will be interpreted
as meaning no DBE participation is intended and will be read.
Listing options and /or alternates for DBE subcontractors and /or items or groups
of work to be performed is not allowed, and will cause this bid to be declared
non - responsive:
Required DBE information shall not be subject to revision after bids are opened.
D. The information submitted on the DBE Participation Form will be verified by the
NDOR. Errors in addition will be treated in accordance with current NDOR
specifications and procedures.
E. If the use of non - certified firms or the use of DBE firms not certified for the type of
work indicated results in under achievement of the goal, the bid will be declared
non - responsive.
F. If, at any time prior to execution of the contract, previously undetected errors
(such as mathematical errors) result in under- achievement of the goal, the low
bidder, along with.the other bidders . on.the project, will be given -5 days from
receipt of notification by the NDOR to submit good faith information as outlined in
Section IV of these specifications.
The use of firms not certified as DBEs by NDOR, or the use of DBE firms that are
not certified. for the type of work indicated by the bidder, are not considered
previously undetected errors.
G. REQUIRED SUBCONTRACTOR /SUPPLIER QUOTATIONS LIST: All bidders
must provide to the NDOR the identity of -all firms who.provided quotations on
DOT- assisted projects, including both DBEs and non -DBEs.
-31-
Project No. ENH- 89(30)
If no quotations were received, the bidder must indicate this in the space
provided.
Each bidder will be required to submit one list per letting to cover all projects bid.
IV. GOOD FAITH DETERMINATION: It is the low bidder's responsibility to meet the DBE
contract goals or to provide sufficient information to enable the NDOR to determine that,
prior to bidding, the low bidder actually made good faith efforts to meet such goals.
A. The NDOR will, in the "Apparent Low Bidder" listing (available 24 hours after bid
opening) identify all projects which contain a DBE goal. The listing will indicate
the apparent low bidder's status in attaining the goal, i.e., "Contractor Meets DBE
Goal -," or "Contractor Requires Good Faith Determination."
B. If the low bidder's "Required DBE Participation Form" submitted with the hid
indicates the DBE contract goal will be met, and the NDOR concurs, the contract
will proceed toward award and the low bidder need not submit any further DBE
information prior to award.
C. Good Faith Information Submittal: If the contract DBE goals have not been met,
the "Apparent Low Bidders" listing will reflect that the apparent low bidder is
.required to submit good faith effort information. Complete and accurate
documented information to support a good faith efforts determination must be
submitted by 5:00 p.m. on the fifth (5 day following the letting.
D. Any other bidder on the contract who requires a good faith effort submittal must
also follow the time frames set forth in "C" above if they wish to be considered for
award of the contract. Any bidder who does not meet the submittal deadlines,
will not be eligible for award of the contract. (The only exception is a case where
the apparent low bidder who met the goal initially is declared ineligible for the
award for reasons other than DBE goal attainment.) If this results in a new
apparent low bidder who. did not initially meet the goal, all other bidders on the
contract indicating good faith effort will be notified, and given 5 days after receipt,
to submit complete information to support their good faith efforts. Bidders are
cautioned by the NDOR to retain documentation of their good faith efforts until an
award is made, or all bids are rejected.
E. The NDOR will review all information submitted to determine whether the
apparent low bidder actually made good faith efforts to meet the contract goal.
The decision as to whether the good faith efforts are acceptable will be made
jointly by a committee comprised of.the NDOR Highway Civil Rights Coordinator
the .Contracts Letting Manager and an at -large NDOR staff member appointed
by the Director:
A NDOR determination that the low bidder's information failed to show
acceptable good faith efforts shall be cause for declaring the low bid non-
responsive. In making a determination, information submitted by other bidders
will.be considered. If the low bid is declared non- responsive, the above
procedure will be applied to the next lowest bid, and other higher bids if
necessary, until a bid is found that meets the goal, or establishes that good faith
efforts were made to.meet it. NDOR reserves the right to reject all bids and
-32-
- Project No. ENH- 89(30)
readvertise the contract if none of the bids result in a satisfactory level of DBE
participation at a reasonable price.
F: Establishing Good Faith Efforts: To demonstrate good faith efforts to meet the
DBE contract goals, documentation shall be maintained and submitted to the
NDOR as set forth above. Such documentation may include any or all of the
following: This list is not intended to be a mandatory checklist, nor is it intended
to be exclusive or exhaustive. Other factors or types of efforts may be relevant in
appropriate cases.
1. Soliciting through all reasonable and available means (e.g., attendance at.
pre -bid meetings, advertising and /or written notices) the interest of all
Certified DBE firms that have the capability to perform the work of the
contract. The bidder must solicit this interest within sufficient time to allow
the DBE firms to respond to the solicitation. The bidder must determine
with certainty if the DBE firms are interested, by taking steps to follow up
initial solicitations.
2. Selecting portions of the work to be performed by DBE firms in order to
increase the likelihood that the DBE goals will be achieved. This
includes, where appropriate, breaking out contract work items into
economically. feasible units to facilitate DBE participation, even when the
Prime. Contractor might otherwise prefer to perform work items with its
own workforce.
3. providing interested DBE firms with adequate information about the
plans, specifications and requirements of the contract in a timely manner
to assist them in responding to a solicitation.
4. (1) Negotiating in good faith with interested DBE firms. It is the bidder's
responsibility to make a portion of the work available to DBE
Subcontractors and suppliers, and to select those portions of the work or
material needs consistent with the available DBE subcontractors and
suppliers, so as to facilitate DBE participation. Evidence of such
negotiation should include the names, addresses, and telephone
numbers of DBE firms that were considered; a.description of the
information provided regarding the plans and specifications for the work
selected for subcontracting; and evidence as to why additional
agreements could not be reached for DBE firms to perform the work.
(2) A bidder using good. business. judgment would consider a number of
factors in negotiating with subcontractors, including DBE subcontractors,
and would take" a firm's price and capabilities as well as contract goals
into, consideration, .However, the -fact that there may be some additional
costs involved in finding and using DBE firms, is _not in itself sufficient
reason for a bid_ der's failure to meet the contract DBE. goal, as long as
such costs are reasonable. Also, the ability or desire of a Prime
Contractor to perform the work of a contract with its own organization
does not relieve the - bidder of the responsibility to make good faith efforts.
Prime Contractors are not, however, required to accept higher quotes
from DBE firms if the price - difference is excessive or, unreasonable.
=33-
Project No. ENH- 89(30)
5. Not rejecting DBE firms as being unqualified without sound reasons
based on a thorough investigation of their capabilities. The Contractor's
standing within its industry, membership in specific groups, organizations,
or associations and political or social affiliations (for example union vs.
non -union employee status) are not legitimate causes for the rejection, or
non - solicitation of bids in the Contractor's efforts to meet the project DBE
goal.
6. Making efforts to assist interested DBE firms in obtaining bonding, lines of
credit, or insurance as required by the recipient or Contractor.
7. Making efforts to assist interested DBE firms in obtaining necessary
equipment, supplies, materials, or related assistance or services.
8. Effectively using the services of available minority /women community
organizations; minority /women contractors' groups; local, state, and
Federal minority /women business assistance offices; and other
organizations as allowed on a case -by -case basis to provide assistance
in the recruitment and placement of DBEs.
G. If the NDOR's preliminary finding is that the bidder did not demonstrate a
satisfactory effort to meet the contract goal, the bidder may appeal the decision
by submitting a written request for reconsideration within three (3) days of the
decision. The.bidder may then present information either in a written narrative
supporting its good faith effort submittal, or may appear in person. Any new
information not included in the original submittal will not be used in the final.
determination. The appeal will be heard by a Hearing Officer appointed by the
NDOR Director. The Hearing Officer will be an individual who is knowledgeable
about the DBE Program and its good faith efforts provision, but who had no part
in the initial decision.
The Hearing Officer will hear the appeal within five (5) days of receipt of the
written request, and will issue a written decision within three (3) days after the
appeal. The reconsideration process is administratively final and has no further
appeal.
V. COMMERCIALLY USEFUL FUNCTION:
A. A Contractor may count toward its DBE goals only expenditures Ito DBE firms
that perform a Commercially Useful Function, (CUF) in the work of a contract. .A
DBE firm is considered to perform a CUF - when, it is responsible for the execution
of a distinct element of the work of a contract, and carrying out its responsibilities
by actually performing, managing, and supervising the work involved. The DBE
firm must also be responsible for materials and supplies used by the DBE firm on
the contract -, for negotiating price, determining quality and quantity, ordering the
material, installing (where applicable), and paying for the material.
B. A DBE Supplier. may be considered, to perform a CUF if the products or material
(other than bulk items: petroleum products, steel, cement, gravel, stone, asphalt)
the DBE supplies for a contract are typically kept in stock in a store, warehouse
-34-
Project No. ENH- 89(30)
or other establishment maintained by the DBE and regularly sold to the public.
The DBE Supplier must be responsible for identifying the specific products or
material to be supplied determining price and quantity, and arranging delivery.
The DBE Supplier must be paid directly by the Contract or for p roducts or material
supplied unless the Contractor and the DBE have provided the NDR a,signed
agreement as set forth in "DBE Goal Credit, paragraph C" of these Required
Contract Provisions.
.Guidelines:
As a general rule, it is expected that workers on a DBE subcontract shall be
regular employees of the DBE subcontractor, and shall be listed on the
subcontractor's payroll. A regular employee is a person who would normally be
working for the DBE firm on any other subcontract with any other Prime
Contractor, and whose immediate past employment has not been with the Prime
Contractor on the present project, or with the renter- lessor of equipment being
used on the present project.
2 On DBE subcontracts, the DBE must perform or exercise responsibility for at
least 30 percent of the total cost of its contract with its own work force, or the
DBE will not be considered to be performing a Commercially Useful Function. (If
a DBE subcontracts part of its work to another firm, the value -of the
subcontracted work may be counted toward DBE goals only if the DBE's
subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm .
does not count toward DBE goals.)
Operators of leased specialized equipment are included under this provision. In
any case, all employees shall be listed on the DBE firm's payroll and paid by that
firm.
3. In addition, a DBE subcontractor shall be required to designate a project
superintendent/foreman who is a regular employee of the subcontractor, and who
shall be active in the day -to -day management of the project..
4. If a - DBE subcontractor purchases supplies and /or materials from the Prime
Contractor, which are to be incorporated into the project, the supplies and /or
materials will not count toward -the established DBE contract goals.
5. TWO PARTY CHECKS: The NDOR does not totally prohibit a DBE. firm and a
Prime Contractor from using two -party checks to pay for material and /or supplies
under certain circumstances, so long as the Prime Contractor acts solely - as a
guarantor, and funds do not come from the Prime Contractor. Two -party
checks cannot be used unless formal written requests to do so - from the DBE firm
and the Prime Contractor are delivered to the NDOR DBE Office and written.
approval is given. If this provision is not strictly followed, the Prime Contractor
will not be allowed credit for the cost of the material and /or supplies toward the
DBE contract goal commitment. The NDOR will closely monitor the use of two-
party checks, to avoid abuse of this practice.
A DBE does not perform Commercially Useful Function if its role is limited to
that of an extra participant in a transaction; contract, or project through which
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Project No. ENH- 89(30)
funds are passed in order to obtain the appearance of DBE participation. In
determining whether a DBE is such an extra participant, you must examine
similar transactions, particularly those in which DBEs do not participate.
When a Prime Contractor commits to use material and /or supplies provided by a
DBE Supplier to meet a DBE contract goal, the DBE Supplier must pay for the
material and /or supplies without the use of two -party checks or the cost of the
material and /or supplies will not be counted toward the Prime Contractor meeting
the contract goal. The only exception to this policy might be if unanticipated
circumstances prevent the DBE Supplier from being able to pay for a portion of
the material and /or supplies and the use of two -party checks is the only viable
alternative. The NDO.R DBE Office will make the final determination on allowing
the use of two -party checks in all such circumstances.
VI. PROHIBITED PRACTICES:
A. An area of special concern is exclusive arrangements between the Prime
Contractor and DBE subcontractors. The DBE subcontractors must be willing to
contract with more than one Prime Contractor.
B. Any subcontracting arrangement which artificially inflates DBE participation is not
acceptable. Of utmost concern are the interjection of DBE middlemen or passive
conduits and arrangements in which a DBE subcontractor is acting essentially as
a broker.
VI(. ADMINISTRATION OF THE DBE PROGRAM:
A. The NDOR intends to achieve its annual overall DBE participation goal with a
"narrowly tailored" DBE Program that meets the "strict scrutiny" requirements as
defined by case law. The NDOR will adhere to all of the rules and regulations of
the DOT's DBE Program Regulations as contained in 49 CFR Part 26.
It is the intention of the NDOR that DBE subcontractors be independent
companies, and function in the same capacity as majority Contractors. It is not
the intention of the NDOR to be involved with "in name only" DRF subcontractors
who are not providing a Commercially Useful Function to the highway industry.
The following will be used in administering the DBE Program..
Situation #1
Prime Contractor °A" subcontracts to a DBE subcontractor, who performs the work with
its own workforce (the employees work on a full -time basis for the bBE firm, or were
hired from a union hall, employment service, or other hiring sources by the DBE firm,
and are supervised by a full -time employee of the DBE), and uses its own equipment, or
equipment rented or leased frorn an equipment dealer. Prime Contractor "A" is not
involved in the DBE firm's operation, other than coordinating when the work is to be
performed, and /or other normal industry practices of contracts between a Prime
Contractor and a subcontractor.
This is the ideal situation, is totally acceptable, and is within the intent of the DBE
Program:
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Project No. ENH- $9(30)
Situation #2
Prime Contractor "A" subcontracts to a DBE firm, that performs the work with its own
workforce, (the employees work on a full -time basis for the DBE firm, or were.hired from
a union hall, employment service, or other sources by the DBE firm for the project, and
are supervised by a full -time employee of the DBE). The DBE firm uses equipment
owned by a majority Contractor, (other than Prime Contractor "A"), on a long -term rent or
lease arrangement at rates consistent with normal industry standards, and not leased on
an "as equipment is needed" basis. This situation would be no different than the DBE
firm leasing or renting equipment from a commercial equipment supplier.
This is totally acceptable, and is within the intent of the DBE .Program.
Situation #3
A DBE firm is a subcontractor to Prime Contractor "A." When it is time for the
subcontract work to be performed, the work is actually performed using Prime Contractor
"A's" equipment, work force, and supervisory personnel. The DBE firm then makes a
certified payroll using the names of Prime Contractor "A's" eployees. Basically, the
subcontract work was performed by Prime Contractor A: This is a very close
association with the Prime Contractor, and the DBE's owner is not considered to be in
control of the DBE firm, or the project in question.
This.situation described is not considered to be a Commercially Useful Function, and
may be subject to any of the administrative actions as cited in Section VIII, C. below.
Situation #4
A DBE firm is a subcontractor to Prime Contractor "A." When it is time for the
subcontract work to be performed, the work is actually done using. the workforce,
equipment, and supervisory personnel of a majority Contractor, Contractor °B." The
DBE firm makes a certified payroll showing Contractor "B's" employees. This condition
is not considered_ to be within the intent of the DBE Program. In reality, majority
Contractor B is the one that performed the work. The NDOR does not consider this to
be a Commercially Useful Function, as Prime Contractor "A" is actually subcontracting to
majority Contractor "B," in an unapproved status, rather than the DBE firm.
This situation described is not considered to. be 'a Commercially Useful function and
may be subject to any of the administrative actions as cited in Section Vlll, C. below.
Situation #5
Prime Contractor "A" is buying supplies from a DBE Supplier to fulfill the DBE goal. This
is only acceptable if the DBE firm is a true supplier: The mere fact - that the DBE firm .
purchases the products or material (other than bulk items:: petroleum products, steel,
cement, gravel, stone, asphalt) from another supplier or manufacturer, -then adds some
cost and sells the material to a Prime Contractor, does not constitute. the DBE as being a
supplier. A DBE Supplier must maintain a place of business with an inventory and be
generally recognized as a material supplier.
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Project No. ENH- 89(30)
The above situations are very broad and general: While it is known that many different
situations may arise, these are basic guidelines used to administer the DBE Program.
The NDOR is more than willing to discuss particular situations with either DBE firm or
Prime Contractors prior to a letting in the hope of developing DBE firms.
VIII. INVESTIGATORY POWERS, ADMINISTRATIVE PROCEDURES FOR
,
ENFORCEMENT AND PENALTIES
A. INVESTIGATORY POWERS:
1. The NDOR specifically reserves the right and power to investigate,
monitor and /or review all actions taken, statements made, documents
submitted, by any Contractor, subcontractor or DBE firm under the terms
of these provisions.
B. ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT:
Whenever the NDOR believes a Contractor, subcontractor or DBE firm may not
be operating in compliance with the terms of these provisions, the NDOR will
conduct an investigation. If the NDOR finds any person or entity not in
compliance with these provisions, the NDOR will notify such person or entity in
writing as to the specific instances or matters found. to be in non: compliance. At
the option of the NDOR, the person or entity shall then be allowed a reasonable
time to correct any deficiencies noted, and to come into compliance. In the -event
that the person or entity cannot, thereafter, come into compliance, or fails or
refuses to do so, then the NDOR may impose one or more of the penalties
hereafter provided for. It is specifically provided by the NDOR that any person or
entity will be found to be out of compliance with these provisions if an
investigation reveals any violation or act of such serious or compelling nature that
the violation or act indicates a serious lack of business integrity or honesty.
C. PENALTIES:
1. In the event the NDOR finds any Contractor, subcontractor, or DBE firm,
to be out of compliance with these provisions, the NDOR may impose one
or more of the following sanctions:
a. Termination of the contract.
b: The DBE firm may be decertified and /or suspended from
participating in the NDOR DBE Program.
C. The Prime Contractor may not be able to count the work
performed toward his project DBE goal, and if possible to Flo so,
may need to subcontract other work on the project to DBE
subcontractors to achieve the goal.
38
Project No. ENH- 89(30)
d. The contract items involved may be considered for a monetary
reduction equal to the amount of work not done by the DBE
subcontractor.
e. The Prime Contractor may be suspended and /or debarred.
f. If at any time during the life of the contract, it is determined that
the Contractor is out of compliance with these provisions, the
NDOR may withhold payment of progress payments.
g. If at the completion of the project, the Contractor is determined to
be out of compliance, the NDOR may sustain damages, the exact
extent of which would be difficult or impossible to ascertain and,
therefore, in order to liquidate such damages, the monetary
difference between the amount stated by the Contractor and the
amount actually paid to the DBEs will be deducted from the
Contractor's' payment as liquidated damages. These damages
would be in addition to any liquidated damages assessed in
accordance with Subsection 108.08 -of the Standard
Specifications.
h. Referral to the Attorney General for possible prosecution for fraud.
is Other action as appropriate, within the discretion of the NDOR.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL
(A -9- 0507)
All bidders shall submit written as that the minimum goal for Disadvantaged Business
Enterprise- (DBE) participation will be met.. The required DBE, Participation Form included in this
proposal shall be used. The bidder shall submit the name and address of the DBE(s), a
complete description of the participation by the DBE(s), and the dollar value of the participation.
If the. bidder cannot meet the minimum.goal for DBE participation, as specified herein, the
bidder shall submit complete documentation of its efforts, following the time limits set forth. in IV.
A., "Good Faith Information Submittal." These efforts shall include but not be limited to those
stated previously in IV. E., "Establishing Good Faith Efforts..."
Bidders that fail to meet DBE goals or fail -to demonstrate sufficient good faith efforts shall be
declared non - responsive and ineligible for award' of the contract.
Bidders- shall assume the responsibility of determining if they are the apparent low bidders by
contacting the Nebraska Department of Roads Contract Lettings Section in Lincoln, Nebraska.
Such information is made public 24 hours after the announced time for opening bids. This
information is available from the NDOR Internet web site - (http : / /www.dor.state.ne.us /).
The contract shall be awarded to the lowest responsive' responsible bidder.
The standard NDOR procedure concerning subcontractors and suppliers shall apply.
39
Project No. ENH- 89(30)
The DBE firms identified at the time of bid opening are the firms to whom subcontracts will be
issued. The work subcontracted to be done, and the amount to be paid for the work, shall be as
identified at the time of bid opening.
If the Prime Contractor desires to alter this list after execution of the contract, it must
demonstrate to the NDOR that the listed DBE firm(s) is unable to perform, and provide the
necessary written justification for approval. Justification must also include written
documentation from the affected. DBE firms) stating their position on the Prime Contractor's
request. there must be a solid basis for any change.
Any substitution of the named DBE firms must be approved by the Department of Roads
Disadvantaged Business Enterprise Office. Substitution of DBE's will only be allowed when the
DBE firm(s) is not able to perform because of default or over- extension on other jobs or other
similar justification. ' A Prime Contractor's ability to negotiate a more advantageous contract with
another subcontractor is -not considered as a valid basis for change.
VERIFICATION OF DBE GOAL COMMITMENTS
In order to verify achievement of the DBE commitments on each project, - the following forms
must be completed and submitted to the NDOR DBE Office.
A. DR Form 441, DBE I. This form shall be filled out and submitted by the Prime
Contractor, indicating the DBE firms used, actual work performed, the total
amount of money paid to the DBE and the date on which is was paid.
B. DR Form 442, DBE II. This form shall be filled out and submitted by the DBE
subcontractor, indicating the name of DBE firm, actual work performed, the
total amount of money received from the Prime Contractor, and the date on
which it was received.
C. The above referenced.forms will be -sent out by the DBE Office when notification
of the project completion has been received. The forms are also available on
NDOR's website, www.dor.state.ne.us.
SUBLETTING .OR ASSIGNING OF CONTRACT
(A =9- 0807)
Prior to beginning work, a copy of all executed subcontracts, written agreements and /or lease
agreements used to meet DBE goals shall be submitted to the Construction Engineer for
forwarding to the NDOR DBE office. These copies must contain prices.
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Project No. ENH- 89(30)
PROMPT PAYMENT CLAUSE:
The Prime Contractor shall include a "Prompt Payment Clause as a part of every
subcontract (including second tier subcontracts) for work and material. The "Prompt
Payment Clause" will require payment to all subcontractors for all labor and material for
work completed, within twenty (20) calendar days of receipt of progress payments from
the NDOR for said work. The "Prompt Payment Clause" will also stipulate the return of
retainage within thirty (30) calendar days after the subcontractor achieves the specified
work as verified by payment from the NDOR.
The failure by the Prime Contractor to carry out the requirements of the "Prompt Payment
Clause" and /or timely return of retainage, without just cause, is a material breach of this
contract, which may result in the NDOR withholding payment from the Prime Contractor until all
delinquent payments have been made (no interest will be paid for the period that payment was
withheld), termination of this contract, or other such remedy as the NDOR deems appropriate.
NOTE: The Prime Contractor may withhold payment only for just cause, and must notify the
NDOR in writing of its intent to withhold payment prior- to actually withholding payment. The
Prime Contractor shall not withhold,. delay or postpone payment without first receiving written
approval from the NDOR.
DBE GOAL CREDIT
(A -9- 1012)
It is the intent of the NDOR to assure eligible. DBE firms have a "level playing field" and equal
opportunity to participate in federal -aid contracts, and maintain the integrity of the DBE
Program. DBE participation is counted toward goals as follows:
When a DBE firm participates in a contract, only the value of the work actually performed
by the DBEfirm counts toward the goal
A. The entire. amount of that portion of a construction contract that is performed by the DBE
firm's own forces is counted toward the goal. This includes the cost of supplies and
materials obtained by the DBE firm for the work of the contract, including supplies
purchased or equipment leased by the DBE, but not supplies or equipment the DBE
purchases or leases from the Prime Contractor or its. affiliate.
Example: A DBE firm furnishing and erecting steel or concrete superstructure members,
furnishing and driving piling for bridge structures, furnishing and placing prestressed
concrete deck panels, and furnishing and placing panels for retained earth walls will be
considered a Commercially Useful Function for attaining contract goals for
Disadvantaged Business Enterprise (DBE) participation unless the supplies or materials
are purchased from the Prime Contractor or its affiliate,
When a DBE subcontractor is responsible for substantially constructing a complete
structure the total value of the subcontract.may_be credited to the DBE goal.
Paragraph - 8.a. (5) of 109.07 in the 2007 Edition of the Standard
Specifications is void and superseded by the following:
When applicable a OR Form .441, "Identification of DBE Goal Achievement ".
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Project No. ENH- 89(30)
B. Manufacturers, Suppliers, and Haulers:
DBE. Manufacturers may be given 100% credit towards the DBE goal for products they -
produce for the contract.
DBE Suppliers may be given 60% credit towards the DBE goal for products they furnish
for the contract.
DBE Haulers may be given 100% credit towards a DBE goal for the delivery fees
charged.
A DBE firm certified as both a supplier and hauler may be given 60% credit for supplying
a given product and 100% credit for hauling that same product.
See the DBE Goal Credit Table for a guide to DBE credit.
C. Supplier, Supplier /Hauler Required Documentation:
When a DBE Supplier is used to meet a DBE goal on a project, the Prime Contractor
must provide a signed subcontract agreement identifying specifically the material and
the quantities the DBE firm will be supplying, and the amount the DBE firm will` be paid
for the material.
When a DBE Supplier /Hauler is used to meet a DBE goal on a project by both supplying
and hauling material directly to a project for use by the Prime Contractor, the subcontract.
agreement must identify the material and the quantities the DBE firm will be supplying
and hauling, and the separate amounts to be paid to the DBE firm for the material and
the hauling.
If a Prime Contractor has its own plant for manufacturing the concrete or asphalt to be
used on the project, the DBE firm _may be used to supply and haul material to the plant
so long as the material is actually incorporated in the project.
In the situations above, the DBE firm must be paid directly by the Prime Contractor.
NOTE: If a Prime Contractor is purchasing concrete or asphalt for the project from a
commercial plant the DBE firm is -not allowed to haul material to the commercial plant for DBE
goal credit.
Subcontractor:
A DBE Supplier /Hauler may used to meet a DBE goal on a project by supplying and /or
hauling material to a Subcontractor; however, in order, for this to be approved the following
requirements must be met:
The Subcontractor must be a first -tier subcontractor on the project.
The material supplied and hauled by the DBE firm to the Subcontractor shall be incorporated in
the project by the Subcontractor.
Example.: The Prime Contractor is using the Subcontractor to do the paving on the project. The
DBE Supplier /Hauler may supply and /or haul aggregate to a plant owned by the Subcontractor
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Project No. ENH- 89(30)
provided the plant is set up specifically for the project and the aggregate is only used in the
concrete or aspha4tfor the project.
NOTE: If the Subcontractor is doing the paving on the project and is purchasing the concrete or
asphalt from a commercial plant the DBE firm is not allowed to haul material to the commercial
plant for DBE goal credit.
Documentatiom Required:
When a DBE Supplier /Hauler is to be used to meet a DBE goal on a project by supplying and /or
hauling material to a Subcontractor, specific documentation must be provided by the Prime
Contractor.
1. The Prime Contractor's original DBE Commitment information submitted with their bid
must identify the material and quantities the DBE firm will be supplying /hauling to the
Subcontractor.
2. DBE Commitment Confirmation must be signed by the Prime Contractor, the
Subcontractor. and the DBE firm.
3. A signed agreement (which may include a purchase order) between the Prime
Contractor, the Subcontractor, and the DBE firm identifying specifically how the DBE firm
is going to be used to meet the project DBE goal and how payment is to be made to the
DBE firm.
NOTE: Load tickets must be maintained and be available for review by the Department to verify
the type and amount of material supplied /hauled by the DBE and the dates of delivery.
DESCRIPTIONS
(A -9 -0108)
Manufacturer - To be certified as a manufacturer, a DBE firm must operate or maintain 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 specificaions.
Supplier - A DBE Supplier, or regular dealer, is a firm that owns, operates, or maintains a store,
warehouse;. or other - establishment in which the materials, supplies, articles or equipment of the
general character described by the specifications, and required under the- contract are bought,
kept in stock, and regularly sold or leased to the public in the usual course of business. To be a
Supplier or regular dealer, the firm must be an established, regular. business that engages, as
its principal business and under its own name, in the purchase. and sale or lease of the products
in question.
A DBE firm may be.a Supplier or regular dealer in such bulk products as petroleum products,
steel, cement, gravel, stone,- or asphalt without owning a place of business if the DBE firm both
owns and operates distribution equipment for the products. Any supplementing of . a DBE
Supplier's or regular dealer's - own distribution equipment shall be by a long -term lease
agreement and not on an ad hoc or contract -by- contract basis.
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Project No. ENH- 89(30)
NOTE: It is an unacceptable practice to "drop- ship" items which are not typically stocked by a
DBE Supplier. If the DBE Supplier does not inventory or take possession of the items being
supplied prior to shipping to a project, the items will not count toward the DBE goal. Items
supplied for a project that are not typically stocked by the DBE Supplier will not be counted
toward the DBE goal. .
Packagers, manufacturers' representatives, brokers, or other persons who arrange or expedite
transactions are not suppliers (regular dealers) within the meaning of this paragraph.
Broker With respect to materials or supplies purchased from a DBE which is neither a
manufacturer nor a supplier, DBE goal credit may be given for the entire amount of fees or
commissions charged for assistance in the procurement of the materials and supplies, or fees or
transportation charges for the delivery of materials or supplies required on a job site, provided
the fees are reasonable and not excessive as compared with fees customarily allowed for
similar services. However, no credit will be given for any portion of the cost of the materials and
supplies themselves toward DBE goals.
Rebar Installer - When a DBE is used to install rebar, the Prime Contractor will receive credit for
100 percent of the cost of the installation. The DBE must be responsible for actually performing,
managing, and supervising the work.
Rebar Supplier When a DBE- is used to supply rebar, the Prime Contractor will receive credit
for 60 percent of the cost of the rebar, provided that the DBE Supplier is performing a
Commercially Useful Function (CUF) and is not merely an extra participant in a transaction
through which funds are passed in order to obtain the appearance of DBE participation. To
perform a CUF, the DBE Supplier must be responsible for negotiating: price, determining quality
and quantities, ordering, inventorying or taking possession of prior. to delivery to a. project, and
paying for the rebar with the DBE's own funds. The use of two -party checks to pay for the rebar
will NOT be allowed.
If a DBE Rebar Supplier, does not own, operate, or maintain a store, warehouse, or other
establishment in which rebar is kept in stock, and regularly sold in the usual course of business;
the DBE must both own and operate distribution equipment for rebar.
Rebar Supplier /Installer If a DBE is used to both supply and install rebar, the Prime Contractor
will receive 100 percent credit for the cost of the rebar and the cost of the installation; provided
that the. DBE is performing a CUF and is not merely an extra participant in a transaction through
which funds are passed in order to obtain the appearance of DBE participation. To perform a
CUF, the DBE must be responsible for negotiating price, determining quality and quantities,
ordering, inventorying or taking possession of prior to delivery to a project, - and paying for the
rebar with the DBE's own funds. The use of two -party checks to pay for the rebar will NOT be
allowed.
If the DBE Rebar Supplier /Installer does not own, operate, or maintain a store,. warehouse, or
other establishment in which rebar is kept in stock, and regularly: sold in the usual course of
business, the DBE must both own and operate distribution equipment for rebar.
The DBE Supplier /Installer must also be responsible for performing, managing, and supervising -
the installation of the rebar.
The above -cited provisions will be closely monitored and Commercial Useful Function Reviews
will be conducted by NDOR to ensure compliance. If the provisions are violated in any manner,
Project No. ENH- 89(30)
the Department will impose penalties as prescribed in the contract provision, "USE OF
DISADVANTAGED BUSINESS ENTERPRISES," paragraph VIII. C. 1., a. thru J.
Hauler - The DBE.firm must be responsible for the management and supervision of the entire
trucking operation for which it is responsible on a particular contract. There cannot be a
contrived arrangement for the purpose of meeting DBE goals.
The DBE firm must itself own and operate at least one fully licensed, insured, and operational
truck used on the contract.
The DBE firm receives credit for the total value of the transportation services. it provides on the
contract.using trucks it owns, insures, and operates using drivers it employs.
The DBE firm - may lease trucks from another DBE firm, including an owner- operator who-is
certified as a DBE. The DBE firm that leases trucks from another DBE firm receives credit for
the total value of the transportation services the lessee DBE firm provides on the contract.
The DBE firm. may also lease trucks from a non -DBE firm, including an owner- operator. The
DBE who leases trucks from a non -DBE is entitled to credit for the total value of the
transportation services provided by non -DBE lessees not to exceed the value of transportation
services provided by DBE -owned trucks on the contract. Additional participation by non -DBE
lessees receives credit only for the fee or commission it receives as a result of the lease
arrangement.
Example:- DBE Firm X uses two of its own trucks on a contract. It leases two trucks frame DBE
Firm Y and six trucks from .non -DBE Firm Z. DBE credit would be awarded for the total value of
transportation services provided by'DBE Firm X and DBE Firm Y, and may also be awarded for
the total value of transportation services provided by four of the six trucks provided by non -DBE
Firm Z. In all, full credit would be allowed for the participation of eight trucks. With respect to
the other two trucks provided by non -DBE Firm Z, DBE credit could, be awarded only for the
fees or commissions pertaining to those trucks that Firm X receives as a result of its lease with
Firm Z.
For the purposes of. the above paragraphs, a lease must indicate that the DBE firm has-
exclusive use. of, and control over the truck. This does not preclude the .leased truck from
working for others during the term of the lease with the consent of the DBE firm, so long as the
lease gives the DBE firm - absolute priority for the use of the leased truck. Leased trucks.must
display the name -and identification number of the DBE firm.
If a DBE firm performs in the manner outlined above, it will be performing a Commercially Useful
Function.
Pass- throughs and /or- brokering will not be tolerated. A pass- through /brokering situation is one
in which a DBE firm contracts to haul materials for a project, then hires another hauler to
actually perform on the contract.
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Project No. ENH- 89(30)
CERTIFICATION
(A -9 -0307)
Certain DBE's may be certified in multiple classifications as manufacturers, suppliers, and
haulers. The certification will be limited by the products being manufactured, supplied, or
hauled.
For example, a manufacturer of certain steel products or aggregates, may also be a supplier of
products they store or deliver, but do not manufacture.
A supplier of bulk products, such as aggregates or fuel, may also be certified as .a hauler.
I
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Project No. ENH- 89(30)
DBE GOAL CREDIT TABLE
DBE Manufacturer
DBE Hauler
100% Credit for Materials
100% Credit for Hauling
DBE Manufacturer 100% Credit for Materials
Non -DBE Hauler No Credit for Hauling
Non -DBE Manufacturer No Credit.for Materials
8 &
DBE Hauler 100% Credit for Hauling
DBE Supplier 60% Credit for Materials
& &
DBE Hauler 100% Credit for Hauling
DBE Supplier
Non -DBE Hauler
60% Credit for Materials
No Credit for Hauling
Non -DBE Supplier No Credit for Materials
DBE Hauler 100% Credit for Hauling
47
Project No. ENH- 89(30)
CERTIFICATION FOR FEDERAL -AID CONTRACTS
(A -11 -0307)
The bidder certifies, by signing and submitting this bid, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing - or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, .continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
L.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material, representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The bidder also agrees by. submitting his or her bid that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000
and that all such subrecipients shall certify and disclose accordingly.
STATUS OF UTILITIES
The following information is current as, of May 21, 2015.
Aerial and /or underground utilities may exist within the limits of this.project. The Contractor
shall determine to their satisfaction the extent of occupancy of any utility facilities located within
the project construction areas and the extent of conflict with the proposed work under this
contract:
Any utility adjustments or interruption of service for the convenience of the Contractor shall be
the sole responsibility of the Contractor.
To arrange for utilities to locate and flag their underground facilities, contact Diggers Hotline of
Nebraska at 1- 800 -331 -5666, or dial 811.
I Project No. ENH- 89(30)
The following utilities have known facilities within the project area:
OPPD
Tricia McKinight
402.636.3332
trmcknight(cs�.oppd.com
American Broadband
Mark Petersen
402.426.6203
mpetersen(a-americanbb.com
Black Hills Energy
Paul Dodson
402.437.1870
Paul.Dodson6c blackhillscorp:com
City of Blair
Allen Schoemaker, Public Works Dirt
402.426.4191
ars a(,ci.blair.ne.us
Final Plans were submitted to known utility companies on January 8, 2015 for confirmation that
there are no conflicts or relocations required on the project.
OPPD noted that proper clearance must be maintained with the overhead line that crosses
Herman Blvd. no conflicts were identfied by OPPD.
At this time, no utilities have been.nequired to relocate their facilities for this project along
Fairview Road for the trail project. 'All relocations Were coordinated with the reconstruction of
Fairview Road. The Fairview Road project is estimated to be completed in July of 2015.
The preceding is for the Contractor's information only. It is the Contractor's
responsibility to verify the accuracy of the information.
All utility rehabilitation Will be accomplished prior to or concurrent with construction.
It is the responsibility of the Contractor to. cooperate and coordinate his /her work with
any utility work to be done concurrent with construction in an effort to complete both
promptly. The Contractor shall determine to his /her satisfaction the extent of utility
occupancy,and utility conflict for facilities located within the construction areas,
including determining impacts and ti'meframes for completion.
STATUS_ .OF RIGHT -OF -WAY
(A -1 -6 -1109)
According to the Right -of -Way Certificate, all necessary right -of -way has been acquired.
=49-
Project No. ENH- 89(30)
SPECIAL PROSECUTION AND PROGRESS
(Traffic Management)
The Contractor shall be required to adhere to all traffic management specifications stated in the
Environmental Commitment provision in the proposal.
ENVIRONMENTAL COMMITMENT
Project No.: ENH- 89(30) Control No
Project Name: Blair Connector Trail
22549
List environmental commitments and contact people below.
National Pollutant Discharge Elimination System INPDES) l Storm Water Run -off
A storm water pollution prevention plan ( SWPPP) permit will has been acquired for this project. A SWPPP will be
prepared prior to project construction. (Project Sponsor)
Wetlands and Waters of the U.S.
No wetland impacts are anticipated for this project; however, if impacts are found during design, the required permits
would be obtained prior to letting. NDOR. Environmental would notify FHWA of the change_ in impacts. (NDOR
Environmental, Engineer, Project Sponsor).
Wetlands: All wetlands within the project area will be marked on the project plans and on the Green Sheet for the
Contractor as avoidance areas. (Project Sponsor)
The Contractor shall not stage, store, waste or stockpile materials and .equipment in undisturbed locations, or in
known /potential wetlands and /or known /potential streams that exhibit a clear "bed_ and Bank" channel. Potential wetland
areas consist of any area that is known to pond water, swampy areas or areas supporting known wetland vegetation or
areas where there is a distinct difference in vegetation (at tower elevations) from the surrounding upland areas.
(Contractor, Project Sponsor)
Public Involvement
Because this transportation alternatives (trail) project may require temporary lane closures or special traffic control, the
LPA will issue a minimum of one news release to all local and area media, and be posted on the LPA website,
approximately one week prior to the start of construction work. (Project Sponsor)
F000dplain
Nebraska floodplain regulations require any project that crosses a mapped, regulated Floodplain (100 year base
floodplain) to obtain a floodplain permit. The LPA has acquired the proper floodplain permits, and will certify that the
construction activities would be in compliance with the State of.Nebraska floodplain regulations. (Project Sponsor,
Contractor)
Hazardous Materials:
If contaminated soils and /or wateror hazardous materials are - encountered, then all work within the immediate area of the
discovered hazardous material will stop until NDOR /FHWA is notified and a plan to dispose of the Hazardous Materials
has been developed. Then NDEQ will be consulted and a rernediation plan will be developed for this project. The potential
-507
Project No. ENH- 89(30)
exists to have contaminants present resulting from minor spillage during fueling and service associated with construction
equipment. Should contamination be found on the project during construction, the NDEQ will be contacted for consultation
and appropriate actions to be taken. The Contractor is required by NDOR's Standard Specification section 107 (legal
relations and responsibilities to the public) to handle and dispose of contaminated material in accordance with applicable
laws. (Contractor)
Utilities Relocation:
All affected utilities will be coordinated through LPA and the Contractor as per NDOR's Standard Specifications for
Highway Construction, Subsections 105.06 and 107.16. All utilities in the area will be notified of this project. Utilities in the
area will be provided in project plans. Any utilitity adjustments.or interruption of service for the convenience of the
Contractor shall be the sole responsibility of -the Utility. Any environmental permits - required for utility relocations will be the
responsibility of the Utility. (Utility Provider(s), Project Sponsor)
Borrow Debris Disposal and Staqinq:
Any material needed will be provided by the contractor. The contractor shall try to obtain borrow from an upland site to
prevent depletion. issues. If the borrow site is, within a depletion area of concern, the contractor shall coordinate with the
appropriate agencies and NDOR to offset or minimize impacts. The contractor shall obtain all environmental clearances
and permits required for the borrow site prior to obtaining borrow material for the project. The Contractor will have a
staging area for the project where material and equipment for the project is stored (e.g. re- steel, forms, etc.). The
Contractor will be required to dispose of material removed as part of the project described above and miscellaneous. .
obstructions encountered and removed along the project. The disposal is the responsibility of the Contractor. A waste site
may be needed. The Contractor will be responsible to obtain all permits and clearances and all conditions of those permits
will be followed. (Contractor)
Traffic Management:
The Contractor shall ensure that through traffic and access to adjacent properties is maintained at all times during
construction. (Contractor)
The Lincoln Connector Trail will cross the entrances to The City of Blair Wastewater Treatment facility. Trail construction
will be timed so entrances will be available for the city staff to enter as needed. One driveway will remain open. at all times.
Access to all park amenities would be provided during construction. The Contractor shall only.park and store equipment
in designated areas within the park. (Contractor)
All intersections near the Dana -Trail project shall remain open at all times for access to the hospital, school and
residences. If a temporary lane closure is needed on the Highway, it will. be coordinated with NDOR and shall be signed
as per NDOR Standards which would include using flaggers if appropriate. (Contractor)
Construction will be adjacent to the existing Dana College Trail and could impact the use of the existing trail. Access to
the existing Dana College Trail will remain open and signed to show the route to cross highway 75 during construction for
access to the Deerfield Trail. (Contractor)
General Conservation Conditions for All Projects (Responsible Party for the measure is found in
parentheses):
A -1 Changes in Project Scope. If there is a change. in the project scope, the project limits, or environmental
commitments, the NDOR Environmental Section must be contacted to evaluate potential impacts prior to
implementation. Environmental commitments are not subject; to change without prior written approval
from the Federal Highway Administration. (District Constru6tion,Contractor)
A -2 Conservation Conditions. Conservation conditions are to be fully implemented within the
project boundaries as shown on the plans. (District Construction, Contractor)
A -3 Early Construction Starts. Request for early construction starts must be coordinated by the .
Project Construction Engineer with NDOR Environmental for approval of early _start to ensure avoidance
of listed species sensitive lifecycle timeframes: Work in these timeframes will require approval from the
Federal Highway Administration and could require consultation with the USFWS and NGPC. (District -
Construction, Contractor)
A -4 E &T Species. If federal or state listed species are observed during construction, contact NDOR
Environmental. Contact. NDOR Environmental for reference of federal and state listed species.
(NDOR. Environmental, District Construction, Contractor)
-51-
Project No. ENH- 89(30)
A -5 Refueling. Refueling will be.conducted outside of those sensitive areas identified on the plans, in the
contract, and /or marked in the Yield. (Contractor)
A -6 Restricted Activities. The following project activities shall, to the extent possible, be restricted to
between the beginning and ending points (stationing, reference posts, mile markers, and/or section-
township -range references) of the project; within the right -of -way designated on the project plans: borrow
sites, burn sites, construction debris waste disposal areas, concrete and asphalt plants, haul roads,
stockpiling areas, staging areas, and material storage sites. Any project related activities that occur outside
of these areas must be environmentally cleared /permitted with the Nebraska Game and Parks Commission
as well as any other appropriate agencies by the contractor and those clearances /permits submitted to the
District Construction_ Project Manager prior to the start of the above listed project activities. The contractor
shall submit information such as an aerial photo showing the proposed activity site, a soil survey map with
the location of the site, a plan -sheet or drawing showing the location and dimensions of the activity site, a
minimum of 4 different ground photos showing the existing conditions at the proposed activity site, depth to
ground' water and depth of pit, and the_ "Platte River depletion status" of the site. The District Construction
Project. Manager will notify NDOR Environmental which will coordinate with FHWA for acceptance. if
needed. The contractor must receive notice of acceptance from NDOR, prior to starting the above listed
project activities.
These project activities cannot adversely affect state and /or federally listed species or
designated critical habitat. (NDOR Environmental, District Construction, Contractor)
A -7 Waste /Debris. Construction waste /debris will be disposed of in areas or a manner which will not
adversely affect state and /or federally listed species and /or designated critical habitat. (Contractor)
S -3 Revegetation. All permanent seeding and plantings (excluding managed landscaped areas) shall use
species and composition native to the project vicinity as shown in the Plan for the Roadside
Environment. However, within the first 16feet of the road shoulder, and within high erosion
prone locations, tall fescue or perennial ryegrass may be used at minimal rates to provide quick
groundcover to prevent erosion, unless state or federally listed threatened or endangered plants were
identified in the project area during surveys. if listed plants were identified during survey, any seed mix
requirements identified during resource agency consultations shall be used for the project. (NDOR .
Environmental)
Erosion Control. Erosion control measures shall be in place for this project to ensure
erosion /sedimentation does not affect any state and /or federally listed species or impact water quality.
-52-
Project No. ENH- 89(30)
FLOODPLAIN PERMIT
Permit# o 'LOIS -61.
Issued f 2- S
CITY OF BLAIR FLOODPLAIN DEVELOPMENT PERMIT APPLICATION
Applicant: C ! UP `� i r Phone: Od, • �a(v. �f 9
Mailing ! S G` AfG eb
Address: --
Authorized Agent: 2 f/` S G fro e f" a I��j Phone: l d P • `E2 (�. �l 9
Mailing Address: p� S �{� ��a "r� /llC (2 20 8
Relationship ofApplicantto Property: b'F Ty b t. a L ("Jo✓t; - (owner, tenant, lessee, other)
Address of Proposed Activity: )Clti&- s
be$al Aescrt�onPi opesed Aeitvi rzo �� �� 1 •` co �v� (12e i (K f csw- — E ✓ a tYUrPc�
I. DESCRIPTION OF PROPOSED ACTIVITY
Building:
New:
_Addition/Alteration
Routine maintenance
Residential
Non- residential
_Moving of structure
Removal\demolition of structure
Substantial improvement
Other (explain. below)
Other Explanation:
Estimated cost of activity: $
Comments or further explanation of work: (! _ 4, � � � Y 41✓ Sv < i C 6 d�
77�Y �
' avl todt -. G,S �1
Non - building:
Subdivision of land with grading
Fill .
_Grading
Material removal (excavation)
Drainage improvement
Road, street or bridgework
Watercourse alteration
Other (explain below)
Project No. ENH- 89(30)
ATTACH A SITE PLAN, DRAWN TO SCALE, SHOWING, AMONG OTHER ITEMS, THE PROPERTY LINES,
EXISTING AND PROPOSED BUILDING LOCATIONS, EXISTING AND PROPOSED UTILnUS,
ELEVATIONS, FILL, STORAGE AREA, NORTH ARROW AND LOCATION OF WATER AND DRAINAGE
FACILITIES.
11. REQUIRED MTORIy1ATION.
1. Site specific data: r,�
a. Base flood elevation: VCtvlc- - T - rc , � t o (o s- -. i
Source: - l 6 —�
b. Mean Sea Love] ofthe existing ground: qK0 - TV (6 (a or
Source: � ►' - t�r.] b f 15`0. i �
c. Mean Sea Level of the lowest floor, including basement, of all proposed structures: _ Alrl-"
Source:
d. Mean Sea Level to which anylall proposed structures will be flood proofed.. X) A-
e. Source of Base Flood Elevation data ifnot available on the FIRM:
2. Proposed activity is located in:
( ) Floodwav — Certification by - a registered professional engineer must be provided to the BIair Planning
Department, prior to the issuance of this permit, stating the proposed activity will result in no increase . in the base
flood (100 year) elevation fang -rise certificate].
( 100 Year FloodpIain (Outside Designated Floodwav)
( ) Numbered Zane A
The source of this information is from the FEMA Flood Insurance Rate Map panel number
Dated or FLOODWAY
map panel number Dated
If the proposed activity is residential i n nature, and is located in the 100 Year Flood plain, the first floor, including basement,
of any now or substantially improved residential building (including a manufactured home) shall be elevated a minimum of
one (1) foot above the base flood elevation. Residential structures cannot be flood proofed.
If the proposed activity is non - residential in. nature, and is located in the 100 Year Floodplain, the first floor, including .
basement, of any new or substantially improved non residential structure may be either elevated one (1) foot above the base
flood elevation or flood_ proofed to one (1) foot above the base flood elevation. If flood proofing is utilized, a registered
professional engineer shall provide certification to the PlanningDepartment, prior to the issuance of this permit, that the flood
proofing requirements are met.
-54-
Project No. ENH- 89(30)
M. OTHER PERMITS SUBN I TED TO: (Section to be filled out by applicant. Other permits 'donot need to be, attached.)
Corps of Engineers 404 Permit (wetlands) Yes( ) No Og i
State Natural Resources Commission Yes ( ) No (�-j' .
Papio- Missouri River NRD , Yes( ) No (11-5
Soil Conservation Service \ ASCS Yes( ) No OG)
IV. PROPERTY OWNER \SURVEYOR\REGISTERED PROFESSIONAL ENGMERIARCHITECT STATFdv1LN f:
1 hereby certify that the above infon provided is correct and the proposed activity \ development will meet the
applicable requirements of the City of Blau Ordinances and federal floodplain management practices.
Signature of owner \agent: Date:
Signature of Registered Professional Engineer: Date:
Signature of Surveyor: Date:
V. TO BE COMPLETED BY FLOODPLA N ADMINISTRATOR:
ERMIT IS APPROVED. I have reviewed the plans and materials submitted in support of the proposed
ed velopment and find them in compliance with the requirements of the City of Blair ordinances and federal floodplain
management practices.
APPROVED UNCONDITIONALLY AS PRESENTED (Non- buildings only)
APPROVED CONDITIONALLY UPON R;E,CETVING ELEVATION CERTMCATIONS
_
PERMIT IS DENIED. The proposed development is not in conformance with the requirements of the City of
Blair ordinances and federal floodplainmanagemerdpraetices (explanation below).
Floodplain Administrator
' Date
VI. FEMA ELEVATION CERTIFICATION: (Attach completed FEMA Elevation Certificate Form 81 -31 signed and sealed
by a land surveyor; engineer or architect authorized by law to certify elevation information.)
Elevation of as - built lowest floor (including basement) of the building: - feet Datum
BFE depth of flooding at the building site: feet Datum
Flood Plain Administrator
Date
- 55-
Project No. ENH- 89(30)
January 12, 2015
Mr. Allen Schoemaker
Public Works Director, City of Blair
z 218 South 16
z Blair, NE 68006
tL
RE: Blair Connector Trails
ENH- 89(55), CN 22549
JEO Project 120689
Dear Al:
`
This letter is to provide background information on the above referenced project relating to the
flood plain permit. The project is a trail construction project attwo locations; Dana Trail
U Connector (between 23 Avenue and 22 " Street along Highway 75) and Lincoln Trail Extension
(from River Road /Fairview road intersection east to Optimist Park). Below are details specific to
z each site for use in preparing the flood plain permit application.
L Dana Trail Connector Site: (Firm Map 31177C0167D)
This site is located on the south side of Highway 75 between 23` Avenue and 22 Street. The
project will construct a trail on the south side of the highway and eliminate the existing trail
crossing of Highway 75 just west of 22 " Street. The projectwill cross over the top of the
existing box culvert on Highway 75 and will be built at grade. A Modular Block retaining wall will
be used on the upstream end of the box culvert so that no changes to the box culvert.are
required. The small amount of fill work needed to construct the trail and wall will not affect the
capacity of the culvert orthe flooding conveyance area.. There is not anticipated to be any flood
water elevation increase associated with this project.
Lincoln Trail Extension Site: (Firm Map 31177C0186D)
This site is located on the on the Northside of Fairview Drive starting at the intersection with
River Road. The project will be constructed'along the north side of Fairview Road as proposed
by the Flood Mitigation project designed by HDR. The trail will be built at grade with the
proposed street elevation and some fill will be required to provide for proper back slopes on the
trail from River Road intersection to the Water /Wastewater Treatment plant area. This fill
will not impact the flood way conveyance area but Is located in the flood - backwater storage
area. The fill information was provided to HDR during their design of the flood protection- levee
that surrounds the treatment plant site. Once the trail enters Optimist Park, it will be built at
grade and will not Impact the flood plain elevation within the park area.
Please let me know if you have any questions on the provided information or If you need
additional documentation to obtain the flood plan permit for this project.
Sincerely,
Julie Ogden, PE
Project Manager /Engineer
JEO. WN5V1:. 111 G GROi 49-JE I ARK HT X-I URcr 1413
1 2i Vv' 11tI pa b tt7 4r�l�q� , .h6a06 rr17f07(i� U2 ?4�� F1.(fi. Lr2S 3,3 gibs
tvvltv.J�r.ci5l §t _
-56-
Project No. ENH- 89(30)
NOTICE TO BIDDERS
(Storm Water Pollution Prevention Plan)
(A -20 -0307)
The Contractor shall understand the terms and conditions of the general National
Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water
discharges associated with industrial activity from the construction site. For reference, the
general permit is posted on the Department's .website.
Additionally, the Contractor, as evidenced by their signature on this proposal, agrees
and understands that, if awarded the contract on this project, he /she:
1) becomes a co- permittee, along. with the owner(s), to the Nebraska
Department of Environmental Quality NPDES General Permit for Storm
Water Discharges from construction sites on this project;
2) is legally bound to comply with the Clean Water Act to ensure compliance
with the terms and conditions of the storm water pollution prevention plan
developed under the NPDES permit and the.terms of the NPDES permit;.
and
3) will hold the owners harmless.for damages or fines arising as a result of
noncompliance with the terms of the storm water permits and
authorizations associated with the work on this. project.
SPECIAL PROSECUTION AND PROGRESS.
(Migratory Birds)
(A -42 -1112)
The Department of Roads will, to the extent practicable, schedule the letting of projects
such that clearing and grubbing can occur outside of the primary nesting season in Nebraska
which has been determined to generally occur between April 1 and. September 1. Work on
structures, such as but not limited to bridges and culverts, should occur outside the primary _
swallow nesting season, April 15 to September 30, unless approved methods of avoiding
nesting have been taken on the bridge and /or culvert structures. The nesting dates above. are a
guide only, nesting can occur outside of those dates. Work outside of those dates is not exempt
from compliance with the Migratory Bird Treaty Act:
The Contractor shall, to the extent possible, schedule work on structures, such as but
not limited to bridges and culverts, and clearing_ and grubbing activities to occur outside the
primary nesting - season in Nebraska. However, if circumstances dictate that. project
construction or demolition must be done when nesting migratory birds.may be present, a survey
of the number of active nests and species of . birds shall be conducted by .qualified personnel .
representing the Contractor, and assisted by the Project Manager .(PM), NDOR Environmental
Section staff, or the United States Department of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS) - Wildlife Services Office. If the survey finds that nests will be
impacted by the proposed construction, the Contractor may be responsible for delays.
-57-
Project No. ENH- 89(30)
The following guidance is provided for compliance with the Migratory Bird Treaty Act for
construction of NDOR projects:
The Contractor shall submit a plan to the NDOR regarding how he intends to
accomplish bridge demolition or clearing and grubbing of the project to avoid
conflict with nesting migratory birds.
2. The Contractor must submit a temporary erosion control plan tailored to fit the
plan for clearing and grubbing.
3. If construction operations result in unavoidable conflict with nesting migratory
bird's eggs or young, which will result in "taking" nests and their contents, the
Contractor should notify the NDOR Project Manager (PM). The PM shall notify.
the Environmental Section of Planning and Project Development by telephone at
402- 479 -4766.
4. The NDOR Environmental Section will then determine if assistance in conducting
the survey will be provided by the NDOR Environmental Section (if available) or
from the USDA APHIS - Wildlife Services Office and arrange for assistance with
the survey of nest numbers, bird species, etc. Results of the survey shall be
maintained by the NDOR until project completion.
5. If the nesting survey is required, and the project was awarded prior to the nesting
season, and the.Contractor did not.accomplish clearing /grubbing and /or work on
bridge /culvert structures outside the nesting season, the Contractor will
reimburse the Department of Roads for each survey required at $1,000 per
survey. If the project was awarded during the nesting season and construction
activities are such that clearing /grubbing and /or work on bridge /culvert structures
must be accomplished prior to any other activity on the project, then there will be
no charge assessed for the initial, survey. The Contractor is responsible for
removing all trees surveyed, that do not contain active nests, and for taking
appropriate measures on bridge /culvert structures; within.3 days of the survey.
Reimbursement for additional surveys may be charged if the Contractor fails to
remove the trees within 3 days of the survey, and requires an additional survey.
Survey reimbursement will be determined on a project specific basis, considering
the project timeline and - associated activities.
6. If an active nest is found during the survey, the .Contractor should do everything
possible to restructure his activities and, leave the nest undisturbed until the
.young fledge. Fledging could occur within a week, or up to a month, after the
survey depending on the species of bird and whether the nest contained eggs or
young. Also depending on the species of bird and their to disturbance,
a buffer of up to 30 feet surrounding the tree with' the active nest could be
required.
7. If construction cannot be rescheduled to allow the birds to fledge, and it is-
determined as` an unavoidable "take" circumstance, the Contractor shall stop all
work within 30 feet, of the active nest and coordinate with the Construction
Project Manager to determine how to proceed. The :Construction Project
Manager will then coordinate with the NDOR Environmental Section and they will
facilitate coordination with the US Fish and Wildlife Service and the Federal
-58-
Project No. ENH- 89(30)
Highway Administration (for projects using Federal -aid) to determine the
appropriate way to address the active nest. No work shall occur within 30 feet of
the active nest until US Fish and Wildlife Service coordination is complete and
the requirements of the Migratory Bird Treaty Act are satisfied.
8. It is the Contractor's responsibility to schedule his work to accommodate the
process of conducting a survey(s) and submitting the necessary documentation if
avoidance is not, practicable. The Contractor shall be responsible for using any
legal and practical method to prevent the nesting of birds in order to prevent the
need for any survey and prevent the need for additional surveys. It is understood
and agreed that the Contractor has considered in the bid all of the pertinent
requirements concerning migratory birds (including endangered species) and that
no additional compensation, other than time extensions if warranted, will be
allowed for any delays or inconvenience resulting in these requirements.
STORM WATER DISCHARGES
(A -43 -0408)
Incompliance with the Federal Water Pollution Control Act, authorization to discharge storm
water on this project has been granted under National Pollutant Discharge Elimination System
(NPDES) General NPDES Permit Number NER110000 for Storm Water Discharges from
Construction Sites to Waters.of the State of Nebraska. This permit became effective on
January 1, 2008.
Contractors are. advised that, under the Construction Storm Water General Permit, plant sites,
camp sites, storage sites, and borrow or waste sites not shown on the plans may be
subject to separate NPDES permit authorization requirements for stormwater discharges
from those locations.. Contractors shall be responsible.for verifying the need for NPDES
permit coverage with the Nebraska Department of Environmental Quality (NDEQ). When
required for these locations, the filing of a "Notice of Intent" shall be made by the Contractor
directly to the NDEQ.
Additionally, asphalt (SIC Code 2951) or concrete (SIC Code 3273) batch plants that are owned
by a private. contractor and are operated on a contract-for-service basis to perform work for the.
Contractor completing the project may be subject to NPDES General Permit Number
NER000000 for Industrial_ Storm Water Discharges. While the plant may be required for
completion of the project, it is not under the control of the Department (or other project owner);
and the filing of a "Notice of Intent" -shall be made by the.Contractor directly to the NDEQ.
The NDEQ may be contacted at 402- 471 -4220 for additional information.
REQUIRED SUBCONTRACTOR/SU-PPLIER QUOTATIONS LIST
(A -43 -0307)
All bidders. must provide to the NDOR the identity of all firms who provided quotations on all
projects, including both DBEs and non - DBEs. This information must be on a form provided by
the NDOR Contracts Office..
- .59 -
Project No. ENH- 89(30)
If no quotations were received, the bidder must indicate this in the space provided.
Each bidder will be required to submit one list per letting to cover all projects bid.
PROPOSAL GUARANTY BID BOND
(A -43 -0307) -
Paragraphs 1.a. and 1.b. of Subsection 102.15 in the Standard Specifications are void and
superseded by the following:
a. OPTION 1 - (Project Specific Paper Bid Bond). The Bid Bond shall be executed
on an original Department Bid Bond Form, which may be obtained from the
Department. The original Bid Bond shall be delivered to the Department with the
bid. A reproduction or a copy of the original form will not be accepted and will
cause the bid not to' be opened and read.
b. OPTION 2 - (Annual Bid Bond). The Department at its discretion may allow a.
bidder to place an "Annual Bid Bond" on file with the Department. This bond
would cover all projects the bidder bids for a 12 -month period shown in the bond.
The bidder must indicate in the bid submittal to the Department that their "Annual
Bid Bond" applies to the submitted bid. The original Annual Bid Bond shall be
executed on the Department of Roads Bid Bond Form, which may be obtained
from the Department. A reproduction or a copy of the original form will not be
accepted.
WORKER VISIBILITY
(A -43 -0507)
Pursuant to Part 634, Title 23, Code of Federal Regulations, the following modified rule is being
implemented:
Effective on January 1, 2008, all workers within the right -of -way who are exposed either
to traffic (vehicles using the highway for purposes of travel) or to. construction equipment
within the work area shall wear high- visibility safety apparel.
High- visibility safety apparel is defined to mean personal protective safety clothing that:
1 - is intended to provide conspicuity during both daytime and nighttime
usage, and
2- meets the Performance Class 2 or Class 3 requirements of the
ANSI /ISEA 107 -2004 publication titled "American National Standards for
High- Visibility Safety Apparel and Headwear."
.I
Project No. ENH- 89(30)
VALUE ENGINEERING PROPOSALS (VEP)
(A -43 -0807)
Subsection 104.03 in the Standard Specifications is amended to include the following:
14. A VEP will not be accepted if the proposal is prepared by an Engineer or the
Engineering Firm who designed the contract plans.
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC.
(A -43- 0.210)
Paragraph 4.a. of Subsection 107.01 in the Standard Specifications is void and superseded by
the following:
4. a. Whenever the Contractor violates any governing Federal, State or Local
environmental quality regulation and /or is in noncompliance with any
environmental commitment, the violating activity must cease immediately until
the appropriate remedy can be determined by: the Engineer, the NDOR
Environmental Section, the Federal Highway Administration (for projects utilizing
Federal -aid) and other agencies, as deemed appropriate. The Engineer, with
assistance, from the NDOR Environmental Section and the FHWA, will provide a
written order confirming the appropriate corrective action to the Contractor. Work
can resume to normal conditions once the Engineer determines that the.violation
or non - compliance has been addressed in accordance with the order for
corrective action.
Subsection 107.01 in the Standard Specifications is amended to include the-following
two paragraphs:
5. Should the Contractor encounter any previously unidentified hazardous
materials, the Engineer shall be promptly notified. The Contractor shall suspend
operations in the area involved until such time that arrangements are made for
their proper - treatment or removal.
6. The Contractor shall prevent the transfer of invasive plant and animal species.
The Contractor shall wash equipment at the Contractor's storage facility prior to
entering the construction site. The Contractor shall inspect all construction
equipment and remove all attached vegetation and animals prior to leaving the
construction site.
SPECIAL PROSECUTION AND PROGRESS
(Federal Immigration Verification System)
(A -43= 1209)
The Contractor shall register with and use a Federal Immigration Verification System to .
determine the work eligibility status.of newly hired employees physically. performing services
within the State of. Nebraska. The Prime Contractor shall` contractually require every
subcontractor to- register with and use a Federal Immigration Verifi cation. System to determine
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Project No. ENH- 89(30)
the work eligibility status of newly hired employees physically performing services within the
State of Nebraska.
The Federal Immigration Verification System shall be an electronic verification of the work
authorization program of the Illegal Immigration Reform and immigration Responsibility Act of
1996, 8 U.S.C. 1324a, known as the E- Verify Program. The Contractor may -use an equivalent
Federal program designated by the United States Department of Homeland Security or other
Federal agency authorized to verify the work eligibility status of a newly hired employee. The
equivalent program shall comply with the Immigration Reform and Control Act of 1986.
The Prime Contractor shall- furnish a letter to the NDOR Construction Division in Lincoln on
company letterhead and signed by an officer of the company stating that documentation is on
file certifying that the Contractor and all subcontractors have registered with and used a Federal
Immigration Verification System. The Contractor shall maintain all records of registration and
use for a period of three years and make records available upon request. The Contractor shall
contractually require subcontractors to maintain all records for a period of three years and make
records available upon request.
Payment will not be made to the Contractor for using the Federal Immigration Verification
System or the maintenance of the records. This work shall be subsidiary to the work being
performed.
The Contractor's Certification shall become part of the final records of the Contract. The
Department considers this document to have direct bearing to the beginning interest date - and
may affect the amount of interest earned.
CONTRACT TIME ALLOWANCE
(A -43- 0911)
Paragraph 5. of Subsection 108.02 of the Standard Specifications is : void and superseded by
the following:
5. Each week, the Engineer shall post on the Department's website a report of
working days or calendar days charged. The Contractor then has 14 days from
the day the Engineer's report is posted to provide a written explanation of why
he /she does not concur the working days or calendar days as assessed.
Paragraph 6.b. of Subsection 108.02 of the Standard Specifications is amended to include the
following:.
(4) If the time allowance for the contract has been established on a calendar day -
basis, the Contractor is expected to schedule the work and assign - whatever
resources are necessary to complete the work in the time allowance provided
regardless of the weather. Accordingly, regardless of anything to the contrary
contained in these Specifications, the Department will not consider delays
caused by inclement or unseasonable weather as justification for an extension of
the contract time allowance unless: -
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Project No. ENH- 89(30)
i. the weather phenomena alleged to have contributed to or caused
the delay is of such magnitude that it results in the Governor
issuing a Disaster Declaration, and
ii. the weather phenomena alleged to have contributed to or caused
the delay can clearly be shown to have directly impacted the work
on the critical path identified on the Contractor's schedule.
Paragraphs 10.b. and 10.c. of Subsection 108.02 of the Standard Specifications are void and
superseded �y the following:
b. (1) If the extra work is not in the original contract, time extensions will be
granted by determining the actual time necessary to accomplish the extra
work.
(2) If the extra work is the result of the addition of additional quantities of
existing contract items, time extensions will be granted by either:
(i) determining the actual time necessary to accomplish the extra
work; or
(ii) determining the additional time to be granted by comparing the
value of the additional quantities of work to.the total amount of the
original contract when measurement of the actual additional time
is not possible or practical.
(3) In either case, only the.time necessary to perform the extra work of the
additional quantities of existing contract items.when the extra work or the
additional quantities of existing contract items are deemed to be the
current controlling operation will be granted as a time extension.
c. Increases in quantities of work associated with traffic control items measured by
the day will not be considered, for extending the contract time allowance.
Overruns of traffic control items that are measured by methods other than time
may be considered for extending the contract time allowance, but they must be
deemed to be a controlling operation when. the overrun of quantities occurs.
PARTIAL PAYMENT
(A -43 -1110)
Paragraph 2. of Subsection 109.07 of the.Standard Specifications is void and superseded by
the following:
2. When the value of the work completed during a semi- monthly period exceeds
$10,000, the Contractor will receive semi- monthly progress estimates from which
the Department shall make such retentions as may be allowed by the contract,
provided that the nature and quality of the completed work are satisfactory and
provided further that the progress of the work conforms to the requirements of
Subsection 108.07.
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Project No. ENH- 89(30)
Paragraph 3.b. of Subsection 109.07 of the Standard Specifications is void and superseded by
the following:
b. Under normal circumstances, the Department shall not retain any earnings on a
progress estimate. However, the Department reserves the right to retain such
amounts as are necessary for material deficiencies, anticipated liquidated
damages, unpaid borrow, and for other reasons to protect the Department's
interests.
PARTIAL PAYMENT
(A -43 -0611)
Paragraph 4. of Subsection 109.07 of the Standard Specifications is void and superseded by
the following:
4. a_ (1) Upon presentation by the Contractor of receipted bills, billing invoices, or
such other documentation sufficient to satisfy the Engineer and.verify the
Contractor's or subcontractor's actual costs for the materials, payments
may also be allowed for acceptable nonperishable materials purchased
expressly to be incorporated into.the work and delivered in the vicinity of
the project or stored in acceptable storage places within Nebraska.
(2) Materials not delivered and stored in the immediate vicinity of or on the
actual project site must be clearly marked to identify the project on which
they are to be used, must be segregated from. similar materials at the
storage site, and cannot be included in a supplier's in ventory material
available for sale for other purposes.
(3) All items eligible for partial payment as stored materials must be available
for verification, sampling, and measurement.
b.. The amount to be included in the payment will be determined by the Engineer,
but in no case shall it exceed 1.0.0 percent of the value of the materials
documented. This value may not exceed the appropriate portion of the value of
the contract item or items in which such materials are to be incorporated, nor
shall the quantity in any case exceed the total estimated quantity required to
complete the project.
c. Payment will not be approved when the documented value of such materials -
amounts to less than $11000.00, when the progress of the work is.not -in
accordance with the requirements set forth in Subsection 108.07 or when the
material can reasonably be expected to be incorporated into the work. and eligible
for payment as completed work on a progress estimate within 15 days of being .
placed into storage.
d. Deductions at rates and in amounts which are equal to the payments will be
made from estimates as the materials are incorporated into the work.
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Project No. ENH- 89(30)
e. Payment for the materials shall not in itself constitute acceptance, and any
materials which do not conform to the specifications shall be rejected in
accordance with Subsection 106.05.
f. The Contractor shall be responsible for all damages and material losses until the
material is incorporated into the work and the work is accepted.
g. Partial payment will not include payment for fuels, supplies, form lumber,
falsework, other materials, or temporary structures of any kind which will not
become an integral part of the finished construction.
h. No partial payments will be made on - Living or perishable plant materials until
planted.
BUY AMERICA
(A -43 -0212)
Subsection 106.07 in the Standard Specifications is void and superseded by the following:
106.07 -- Buy America
The Buy America rule requires that steel or iron materials be.produced
domestically, and only those products which are brought to the construction site
and permanently incorporated into the completed project are covered.
Construction materials, forms, etc., which remain in place at the Contractor's
convenience, but are not required by the contract, are not covered.
2 To further define the coverage, a domestic product is a manufactured steel
construction material that was produced in one of the 50 States, the District of
Columbia, Puerto Rico, or in the territories and possessions of the United States.
3. All manufacturing processes to produce steel or iron materials (i.e., smelting, and
any, subsequent process which alters the steel or iron material's physical form or
shape, or changes its chemical composition) must occur within one of the 50
States the District of Columbia, Puerto Rico, or in the territories and possessions
of the United States, to be considered of domestic origin. This includes .
processes such as casting, rolling, extruding, machining, bending, grinding,
drilling, and coating Coating includes epoxy coating, galvanizing painting, and
any other coating that protects or enhances the value of the _material. The
manufacturer shall include a .statement on the material test report or certification
that all material described above except-the coating material is a domestic
product.
4. Raw materials used in the steel or iron materials may be imported. All
manufacturing processes to produce steel or iron materials must occur
domestically. Raw materials are materials such as iron ore, limestone,. waste
products, etc:; which are used in the manufacturing process to produce the steel
products. Waste products would include scrap; i.e .*, steel no longer useful in its
present form from old automobiles, machinery, pipe, railroad tracks and the like.
Also, steel trimmings from mills or producf.manufacturing are considered waste.
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Project No. ENH- 89(30)
Extracting, crushing, and handling the raw materials which is customary to
prepare them for transporting are exempt from Buy America. The use of pig iron
and processed, pelletized, and reduced iron ore manufactured outside of the
United States may be used in the domestic manufacturing process for steel
and /or iron materials.
5. Notwithstanding this requirement, a minimum of foreign steel or iron materials will
be permitted if its value is less than one -tenth of one percent of the total.contract
cost or $2,500, whichever is greater.
6. Upon completion of all work utilizing steel or iron products, the Prime Contractor
shall furnish a letter to the State on company letterhead and signed by an officer
of the company stating that documentation is on file certifying that all steel or iron
materials brought to the construction site. and permanently incorporated into the
work complied in all respects with the Buy America requirements.
BORROW, WASTE, STOCKPILE, AND PLANT SITE APPROVAL
(A -43 -0512)
Subsection 107.02 in the Standard Specifications is amended to include the following:
4. Site Approval:
a. When borrow is obtained from a borrow site or waste excavation is placed
at sites which are not shown in the contract, or the Contractor plans to
use a plant or stockpile site which is not shown .in the contract, the
Contractor shall be solely responsible for obtaining all necessary site
approvals. The Department will provide the procedures necessary to
obtain approvals from the U..S. Army Corps of Engineers; U.S. Fish and
Wildlife Service, Nebraska. State Historical Society,` Nebraska Game and
Parks Commission, and Nebraska Department of Natural Resources on
the NDOR website. The Contractor shall also be responsible for
obtaining a Discharge Number from the Nebraska Department of
Environmental Quality (NDEQ) that allows work under the current
Construction Stormwater Permit. The Contractor shall also be
responsible for obtaining any and all other permits required by local
governments..
b. It is anticipated that it may require 60 calendar days or more for the -
Contractor to obtain the necessary approvals. The Contractor will not be
allowed to begin work at borrow or waste sites until the necessary
approvals are obtained. No extension of completion time will be granted
due to any delays in securing approval of a borrow or disposal site unless
a review of the time frames concludes that there were conditions beyond
the Contractor's control.
Paragraph 7. of Subsection 205.02 in Standard- Specifications is void and superseded by the
following:
7. Borrow and Waste Site Approval:
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Project No. ENH- 89(30)
a. Borrow and waste site approvals shall be in accordance with
Section 107.02.
b. Material shall. not be removed from borrow sites until preliminary cross
sections and representative soil samples have been taken by the
Engineer. The Contractor shall notify the Engineer a sufficient time in
advance of the opening of any borrow site so that cross sections may be
taken.
C. Material shall be removed in a manner that will allow accurate final cross
sections to be taken for determining the quantity of excavation. The
surfaces of the borrow sites shall be bladed and shaped to drain as
shown in the contract or as directed by the Engineer.
SPECIAL PROSECUTION AND PROGRESS —
(Subletting or Assigning of Contract)
(A -43 -0414)
Subsection 108.01 in the Standard Specifications is void and superseded by the following
108.01 —Subletting or Assigning of Contract
1- a. (1) The Contractor will not be allowed to sublet, assign, sell, transfer, or
otherwise dispose of any portion of the contract or any right, title, or
interest therein; or to either legally or equitably assign any of the money
payable under the contract or the claims. the prior written consent
of the Engineer.
(2) With the Engineer's consent, the Contractor may sublet up to 70 percent
of the work.
(3) Any items designated in the contract as "specialty items" may be
performed by subcontract.
(4) The cost of any subcontracted "specialty items" may be deducted from
the total contract cost before computing the percentage of work.required
to be performed by the Contractor:
(5) Subcontracts, or transfer of contract, will not release the Contractor of any-
- liability under-the contract and bonds.
b. Certain items of work may be performed without a subcontract. A list of items not
requiring a subcontract is_ available from the Engineer.
2. The performance of any work by a subcontractor before the date of authorization
by the Department shall subject both the and subcontractor to the
imposition of appropriate sanctions by the Department.
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Project No. ENH- 89(30)
3. a. The Contractor's request to sublet work shall be made electronically to the NDR
Construction Engineer using project management software identified by the
Department. A signed subcontract agreement shall be on file in the Contractor's
office when the request is made. The subcontract agreement must provide that
the subcontracted work will be completed according to the terms of the contract.
The required and Special Provisions contained in the proposal shall be physically
included in any subcontract.
b. On all Federal -aid projects, a scanned copy (.pdf format) of the signed
subcontract agreement shall be included with the subcontracting request.
(Federal -aid projects can be identified by inclusion in the Proposal of Form
FHWA -1273 (REQUIRED CONTRACT PROVISIONS FEDERAL -AID
CONSTRUCTION CONTRACTS).
C. Scanned copies (.pdf format) of all executed subcontracts, written agreements,
and /or lease agreements used to meet DBE goals shall be submitted to the NDR
Construction Engineer with the subcontracting request. These copies must show
labor cost, material prices, overhead and profit.
4. a. Second tier subcontracts will be allowed
b. If a DBE firm subcontracts work to another firm, only work subcontracted to
another DBE firm can be counted toward meeting a DBE goal.
c. All requests for second tier subcontracting shall be submitted to and approved by
the Prime Contractor before they are forwarded to the NDR Construction
Engineer for approval.
5. All subcontract documents relating to the contract shall be maintained during the
course of the work and preserved for a period of three years thereafter. These
documents shall be available for inspection by authorized representatives of
State and Federal agencies. Scanned copies (.pdf format) of the signed
subcontract agreements not specifically identified elsewhere in this Subsection
shall be furnished to the Department upon request.
6. The Contractor may discuss a proposed subcontract with the Engineer before
entering into a signed subcontract agreement, but final approval will not be .
granted until a formal request and proper certification has been received by the
Department.
7. On projects requiring submittal of certified payrolls, all subcontractor payrolls
shall be checked by the Contractor before submittal to the Engineer.
8. a. The Prime Contractor, and subcontractors when subletting work to lower tier
subcontractors, shall include language which can be identified as a "Prompt
Payment Clause" as a part of every subcontract for work and materials.
b. (1) The language constituting the "Prompt Payment Clause" will require
payment to all first tier subcontractors for all labor and materials - -- for
work completed.to date - -.- within 20 calendar days of receipt of progress
payments from the Department for said work. Similar language in a
.:
Project No. ENH- 89(30)
contract between a subcontractor and a lower -tier subcontractor will
require payment to the lower tier subcontractor for all labor and materials
- -- for work completed to date - -- within 10 calendr days of receipt of
progress payments from the prime Contractor for said work.
(2) The language constituting the Prompt Payment Clause will also stipulate
the return of retainage within 30 calendar days after the satisfactory
completion of the work by the subcontractor as evidenced by inclusion of
the work on a progress payrnent.
(3) Additionally, the language constituting the "Prompt Payment Clause" may
stipulate the subcontractor's obligation to return to the Contractor or
subcontractor, as the case may be, any overpayments which result from
adjustments to measured and recorded quantities as part of the
preparation of subsequent progress payments orthe final records.
Overpayments shall be returned to the Prime Contractor or subcontractor,
as the case maybe, within 20 calendar days of receiving notice of the
adjusted quantities and the amount of the overpayment.
C. The Prime Contractor of subcontractors, as the case may be, may withhold.
payment only for just cause and shall not withhold, delay, or postpone payment
without first receiving written approval from the Department.
d. (1) The failure by the Prime Contractor to abide by the agreements identified
in the. " Prom pt Payment Clause" without just cause, including the timely
return of retainage, is a material breach of this contract which may result .
in the Department withholding the amount of payment from the prime
Contractor that should have been paid to the subcontractor, termination of-
this contract, or other such remedy as the, Department deems necessary.
(2) Additionally, the failure of any subcontractor to abide by the agreements
identified in -the "Prompt Payment Clause" without just cause, including
the timely return of retainage to lower tier subcontractors, or by failing to
return overpayments in a timely manner when the language permitted in
Paragraph 8.b.(3).above is included in the subcontract may result in the
Department withholding subcontract approval for other work until the -
overpayments have been returned.
9. a. (1) For Davis Bacon (DBRA)- covered projects and Non -DBRA- covered
projects, a Contractor or subcontractor may wish to use another
owner- operator or- trucking company to supplement his or her hauling
fleet. (The Department will not recognize multiple individuals claiming to
be collectively identified as a single "owner operator.)
(2) This supplemental individual or company must either become a
subcontractor {first tier or lower tier, as the case may be) or be otherwise
documented by utilizing Contractor or subcontractor by entering into a
lease agreement for the trucks and showing the _driver (or drivers) from
the supplemental company on the Prime Contractor's or subcontractor's
payrolls in the manner described below.
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Project No. ENH- 89(30)
(3) Payrolls will only be accepted from the Prime Contractor or approved
subcontractors.
b. (1) If the decision is made to subcontract the hauling, the Prime Contractor
must first notify the NDOR Construction Office to request subcontract
approval. As part of the subcontract approval process - -- at any tier - --
the proper certificates of insurance must be provided before approval will
be granted.
(2) Additionally, on DBRA- covered projects, the Prime Contractor must
submit payrolls for all subcontractors - -- at any tier.
c. (1) Owner /Operators of trucks hired by a Contractor or subcontractor to
supplement his or her hauling fleet are not subject to Davis Bacon wage
requirements. However, they must still be shown on a payroll prepared
by the Contractor or subcontractor for whom they are working with the
notation "owner /operator."
(2) Any other employees of the "owner /operator" must appear on the certified
payroll in complete detail and - must be compensated according to the
wage rates established for the project.
d. In the event a Prime Contractor or subcontractor elects to not subcontract the
supplemental driver or drivers but instead chooses to "carry the workers/truckers
on their payroll," the following requirements must be met:
(1) The Prime Contractor's or subcontractor's certified payroll must contain
the names of all workers /truck drivers, and the payroll should identify their
supervisors (including "owner- operators ").
(2) Paychecks for the workers /truckers in question must be drawn against
the Prime Contractor's.or subcontractor's payroll or other account.
(3) Owner /Operators need only be identified as such on the payroll -.
Additional 'drivers, if any, from the "owner- operator's" company must
appear on.a payroll in. complete detail and be compensated according to
the wage rates established for the project.
(4) The Prime Contractor or subcontractor must enter into a lease agreement
for the trucks driven by such drivers, and the lease agreement must show
that the compensation for the leased equipment is on a time basis and .
not based on the amount of work accomplished. The]ease agreements
must available for inspection by NDOR personnel.
(5) Any supplemental truckers employed under this arrangement must still
carry the minimum liability coverage specified in the contract..
It shall be the duty of the Prime Contractor to ensure that the
supplemental truckers - have such coverage in effect. Evidence of proper
insurance must be presented for verification on demand.
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Project No. ENH- 89(30)
ELECTRONIC SHOP DRAWINGS
(A -43 -0215)
Paragraphs 5,6, and 7 of Subsection 105.02 of the Standard Specifications are void and
superseded by the following:
5. a. The Contractor shall provide electronic working drawings in a Portable Document
Format (PDF). The PDFs shall be sized to print on an 11x17 inch sheet of paper
and have a minimum resolution of 300 dpi. Each sheet of the shop drawings
shall have a space provided for an electronic stamp that measures 2.5 inches x
3.5 inches when printed.
b. Electronic working drawing files shall be named with the following file naming
format:
Control Number Description_Date.pdf
For- example: 12345_ FloorDrains_05Feb2015
12345 FloorDrainCoverLetter_05Feb2
c. The project number, control number, and project location as it appears on the
plans shall be shown on the.front sheet of each Shop Drawing file. Structure
numbers shall be included, if applicable.
6. No- electronic working drawings shall .be submitted to the Engineer unless they
have been checked by the Contractor. The electronic submittal shall be
accompanied by a Contractor's letter of approval in a PDF format :• This letter
shall also be named with the format shown in the example above. The letter of
approval shall clearly indicate that the Contractor is responsible for any errors on
the working drawings.
7. a. Electronic submittals shall be submitted by email to the following address:
DOR ShopDrawings(a_nebraska.gov
b. Attachments shall be limited to 25 MB of data per email.. Larger files -shall be
separated and sent in multiple emails.
c. Electronic working drawings will only be accepted from the Prime Contractor.
8. Any- reference to hard copy shop drawings in the contract shall be considered
void.
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Project No. ENH- 89(30)
LIABILITY INSURANCE
(A -54 -0414)
Subsection 107.13 in the Standard Specifications is void and superseded by the following:
107.13 — Liability Insurance
Prior to execution of the contract, the Contractor shall obtain insurance coverage to fully protect
it from loss associated with the work, and have at a minimum the insurance described below:
1. General Liability:
Limits of at least:
$ 1,000,000 per Occurrence
$ 2.,000,000 General Aggregate
$ 2,000,000 Completed Operations Aggregate
$ 1,000,000 Personal and Advertising Injury
a. Contractor shall be responsible for the payment of any deductibles.
b. Coverage shall be provided by a standard form Commercial General .
Liability Policy (C00001 or equivalent) covering bodily injury, property
damage including loss of use, and personal injury.
c. The General Aggregate shall apply on a Per Project Basis.
d. The Owner and the State of Nebraska, Department of Roads; shall be
named as Additional Insureds on a primary and non - contributory basis
including completed operations for three (3) years after final acceptance
and payment.
e: Contractor agrees to waive its rights of recovery against the Owner and
the State of Nebraska, Department of Roads. Waiver of Subrogation in
favor of the Owner and the State of Nebraska, Department of Roads shall
be added to the policy.
f. Contractual liability coverage shall be on a broad form basis and shall not
be amended by any limiting endorsements.
g. If work is being performed near a railroad track, the 50' railroad right of
way exclusion must be deleted.
h. Products and completed operations coverage in the amount provided.
above shall be, maintained for the duration of the work, and shall be
further maintained for a minimum period of three years after final
acceptance and payment:
i. Coverage shall be included for demolition of any building or structure,
collapse, explosion, blasting, excavation and damage to property below
surface of ground (XCU coverage).
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Project No. ENH- 89(30)
j. Policy shall not contain a total or absolute pollution exclusion. Coverage
shall be provided for pollution exposures arising from products and
completed operations as per standard CG0001 Pollution Exclusion or
equivalent. If the standard pollution exclusion as provided by CG0001
has been amended, coverage must be substituted with a separate
Pollution Liability policy of $1.0 million per occurrence and $2.0 million
aggregate. If coverage is provided - by a "claims made" form, coverage
will be maintained for three years after project- completion. Any applicable
deductible is the responsibility of the Contractor.
2, Automobile Liability:
Limits of at least:
$ 1,000,000 CSL per Accident
a. Coverage shall apply to all Owned, Hired, and Non -Owned Autos.
b. If work is being performed near a railroad track, the 50 -foot railroad right-
of -way exclusion must be deleted.
C. Contractor agrees to waive its rights of recovery against the Owner and
the State of Nebraska, Department of Roads. Waiver of Subrogation in
favor of the Owner and the _State of Nebraska, Department of Roads,
shall be added to the policy.
3. Workers' Compensation:
Limit: Statutory coverage for the .State where the project is located.
Employer's Liability limits: $500,000 Each Accident
$500,000 Disease — Per Person
$500,000 Disease — Policy Limit
a: Contractor agrees.to waive its rights of recovery against the Owner and
the State of Nebraska, Department of Roads. Waiver of Subrogation in
favor of .the Owner and the State of Nebraska, Department of Roads shall
be added to the policy.
b. Where applicable, the Longshore and Harborworkers Compensation Act
endorsement shall be attached to the policy.
4. Umbrella /Excess:
Limits of at least:
$1,000,000 per Occurrence
a. Policy shall provide liability coverage in excess of the specified Employers
Liability, Commercial General Liability and Automobile Liability.
b. The Owner and the State of Nebraska, Department of Roads, shall be
"Additional Insureds."
C. Contractor agrees to waive. its rights of recovery against the Owner and
the State of Nebraska, Department of Roads.. Waiver of subrogation in
favor of the Owner and the State of Nebraska, Department of Roads shall
be provided.
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Project No. ENH- 89(30)
5. Pollution Liability:
a. When "hazardous wastes" or contaminated or polluted materials must be
handled and /or moved, the Contractor shall obtain Pollution Liability
Coverage with minimum limits of $1,000,000 per occurrence and
$2,000,000 aggregate.
b. If, during the course of construction, hazardous wastes, contaminated or
polluted material are discovered on the project, the Contractor shall
immediately cease any operation that may disturb these materials, and
shall immediately notify the Engineer of all facts related to the discovery
of these materials.
C. Unforeseen work related to the discovery -of hazardous, contaminated or
polluted materials on the project, and the extra cost, if any, of pollution
liability coverage will be handled as "extra work.
6. Additional Requirements:
a. The Contractor shall provide and carry any additional insurance required
by the Special Provisions.
b. Except as otherwise provided herein, all insurance shall be kept in full
force and effect until after the State releases the Contractor from all
obligations under the contract:
C. (1) If any of the work is sublet; equivalent'insurance shall be provided
by or on behalf of the subcontractor or subcontractors (at any tier)
to cover all operations.
(2) Approved trucking subcontractors (at any tier)- who are being
utilized only for the purpose of hauling materials shall be exempt
from the requirements of Paragraphs 1 4, and 5.
(3) (i) When a Contractor or subcontractor chooses to employ a trucker
by carrying the driver on his or her payroll and entering into -a
lease agreement for the truck., the owner- operator of the truck
shall be required to comply with the Automobile Liability
provisions of Paragraph 2.
(ii) Furthermore, it shall be the:duty of the Prime Contractor to ensure
that the owner - operator of the truck has such insurance in effect.
The Prime Contractor shall maintain evidence that -any truckers so
utilized (at any tier) are insured to the minimum limits specified
and be able to furnish documentation of the same on demand.
(iii) Failure to ensure that insurance coverage exists and failure to
maintain evidence thereof shall be considered a breach of the
contract.
d. Any insurance policy shall be written by an insurance company with..a
Best's Insurance Guide Rating of A _ VII or better.
e. Prior to execution of the contract, Contractor shall provide Owner and the
State of Nebraska, Department of Roads evidence of such insurance
coverage in effect in the form of an Accord.(or equivalent) certificate of
insurance executed by a. licensed representative of the participating
-.74-
Project No. ENH- 89(30)
insurer(s). Certificates of insurance shall show the Owner and Nebraska
Department of Roads as the certificate holders.
f. For so long as insurance coverage is required under this agreement, the
Contractor shall have a duty to notify the Owner and the State of
Nebraska Department of Roads (State) when the Contractor knows, or
has reason to believe, that any insurance coverage required under this
agreement will lapse, or may be cancelled or terminated. The Contractor
must forward any pertinent notice of cancellation or termination to both
the Owner.and to the State by mail (return receipt requested), hand -
delivery, or facsimile transmission within 2 business days of receipt by
Contractor of any such notice by an insurance carrier. Copies of notices
received by the Contractor shall be sent to the Owner at the address
listed for the Responsible Charge set out elsewhere in the Supplemental
Provisions and to the State at the following address:
Nebraska Department of Roads
Construction Division - -- Insurance Section
1500 Highway 2, P.O. Box 94759
Lincoln, NE 68509 7 4759
Facsimile No. 402- 479 -4854
g Failure of the.owner or any other party to review, approve, and /or reject a
certificate of insurance in whole or in part does not waive the
requirements of this agreement.
h. The limits of coverage set forth in this document are suggested minimum
limits of coverage. The suggested limits of coverage shall not be
construed to be a limitation of the liability on the part of the Contractor or
any of its subcontractors /tier subcontractors. The carrying of insurance
described_ shall in no way be interpreted as relieving the Contractor,
subcontractor, or -tier subcontractors of any responsibility or liability under
the contract.
i. If there is a discrepancy of coverage between this document'and any
other insurance specification for this project, the greater limit or coverage
requirement shall prevail.
NOTICE TO BIDDERS
(A -54- 0210) -
While the plans and specifications call for and make reference to the Department of Roads and
its various Divisions to make decisions- and test materials for acceptance, this project has been'
delegated under 23 CFR 635.105 to the Local Public Agency Owner, who shall administer the
project. Therefore, any reference to the Department of Roads' responsibility to: interpretation of
the plans and specifications, inspection of the work, testing and acceptance of materials,
approval of the - work, and final- acceptance of the project, shall -be delegated to the Local Public
Agency Owner and their representative.
-75-
Project No. ENH- 89(30)
LOCAL PUBLIC AGENCY RESPONSIBLE CHARGE
Upon execution of the contract, the Contractor is to direct all project related communication to
the Responsible Charge (RC) designated by the project owner (Local Public Agency).
Responsible Charae:
Mr. Allen Schoemaker
City of Blair
218S16 1h St
Blair NE 68008
ars(a�ci. blair. ne.us
402- 426 -4191
SPECIAL PROSECUTION AND PROGRESS
(Project Liquidated Damages)
(A -54 -0212)
For this project, the formula used to determine Project Liquidated Damages, as determined in
Paragraph 2. of Subsection 108.08. in the Standard Specifications, is amended to read:
LD = RXC
T
Where: LD = Liquidated damages per working day or.calendar (rounded to the nearest
dollar).
C= Original. contract amount (includes all work completed and unfinished).
T = Original number of calendar days or working days, whichever is specified
in the contract.
R = 0.12 for LPA projects.
SPECIAL PROSECUTION.AND PROGRESS
(Construction Signs & Barricades)
.(A -54 -1112)
With the exception of detour route signage and any non - standard signs not shown in the plans,
the Contractor shall be responsible for furnishing, installing, maintaining and removing all
construction signs and barricades, in accordance with the provisions of Section 422 in the
Standard Specifications.
-76-
Project No. ENH- 89(30)
AWARD AND EXECUTION OF CONTRACT
The first sentence of Subsection 103.04 in the Standard Specifications is void and
superseded by the following:
The bidder to whom the contract is awarded shall furnish within 10 days after the award,
a contract bond, in a sum equal to the full amount of the contract.
The first sentence of Subsection 103.05 is void and superseded by the following.
The contract shall be signed by the successful bidder and returned, together with a
satisfactory bond, within. 10 days from. the date of award.
Paragraph 1.a. of Subsection 103.06 is void and superseded by the following:
a. Fails to file an acceptable performance bond within 10 days from the date of award.
CONSTRUCTION DETAILS
FUEL COST ADJUSTMENT PAYMENT
(B -1 -0708)
Paragraph 16.a. of Subsection 205.05 in the Standard Specifications is amended to provide that
the references to fuel cost fluctuation will be 5 % instead of the 10 % shown.
The fuel use factor, " F ", shown in Paragraph 16.c. of Subsection 205.05 is void and superseded
by the following:
F = English
The fuel use factor for - diesel fuel, in gallons per cubic yard. For the items of
work "Excavation' "Excavation, Borrow ", and "Excavation, Established Quantity ",
"F" shall. be equal to 0.20. For - the item of work "Earthwork Measured in
Embankment ", ".F" shall be equal to 0.27.
Metric
The fuel use factor for diesel fuel, in liters per cubic meter. For the items of work
"Excavation ", "Excavation, Borrow ", and " Excavation, Established Quantity "F
shall be equal to 0:99. For the item of work "Earthwork Measured in
Embankment ", 'IF" shall be equal to 1.32.
Paragraph 16.d. of Subsection 205.05 is void -and superseded by the following"
d. The allowable price differential, "D ", for the current estimate will be computed
according to the following formula:
When the current price, P, is greater than the base price, P(b).
D = P - 1.05P(b), but not less than zero.
When the current price, P, is less than the base price, P(b).
D = P - 0.95P(b),.but not greater than. zero.
_77-
Project No. ENH- 89(30)
WATER
(B -1 -0307)
Paragraph 4.a. of Subsection 205.04 in the Standard Specifications is amended to include the
following:
Payment shall be made at the established contract unit price.
EXCAVATION AND EMBANKMENT
(B -1 -0212)
Paragraph 6. of Subsection 205.02 in the - Standard Specifications is void and superseded by the
following:
6. Frozen Layers:
a. Thin Frozen Layer. A thin soil layer that freezes during the construction
of an embankment may remain provided that the layer:
(i) had proper density and moisture prior to freezing,
(ii) can be readily. broke up by a single pass of a tamping
(sheepsfoot) roller or track mounted excavator,
(iii) is thoroughly scarified into pieces having a single dimension of 3
inches or less, and a second dimension of inch or less, and
(iv) is not within 10 inches (measured vertically) of any thin frozen
layer that was previously scarified and left in place.
b. Thick Frozen Layer. A soil layer that freezes during the construction of an
embankment, but does not meet the Thin Frozen Layer requirements:
(i) may remain in the embankment provided that the layer is thawed
and has proper density and moisture after thawing, or.
shall be completely removed from the embankment prior to
placing any additional embankment material.
GENERAL CLEARING AND GRUBBING
(B -2- 0307)
Paragraph 1. of Subsection 202.03 in the Standard Specifications is amended to _provide
that General Clearing and Grubbing shall include all: tree removal
Paragraphs 2.a., and b., of Subsection 202.03 in the Standard Specifications are void.
Paragraph 3. of Subsection 202.04 in the Standard Specifications is void and
superseded by the following:
3. All tree removal is subsidiary to the pay item "General Clearing and Grubbing ".
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Project No. ENH- 89(30)
TEMPORARY WATER POLLUTION CONTROL
(B -3- 1014).
Section 204 in the Standard Specifications is void.
CONSTRUCTION STORMWATER MANAGEMENT CONTROL
(B -3 -1014)
A. General
1. This Section defines some best management practices (BMPs) for erosion and
sediment control measures and construction practices the Contractor shall use to
prevent'soil erosion and avoid water pollution.
2.. a. The Department and the Contractor are co- permittes of the NPDES
Construction Storm Water General Permit.
b. The Contractor shall comply with all conditions required by the current
NPDES Construction Storm Water General Permit.
3. The Contractor shall exercise every reasonable precaution throughout the life of
the contract to prevent silting of the waters of the state, the project site, and
adjacent property. Construction of drainage facilities, as well as performance of
other contract work which will contribute to the control of siltation, shall be carried
out in conjunction with earthwork operations or as soon thereafter as is
practicable.
4. a.. The Contractor shall take sufficient precautions to prevent pollution of the
waters of the state, the project site, and adjacent property from
construction, debris, petroleum products, chemicals, or other harmful
materials:
The.Contractor shall conduct and schedule the operations to avoid
interference with any protected species.
b. The Contractor shall comply with all applicable statutes relating to
pollution of the waters of the state -and fish and game regulations.
5. All construction debris shall be disposed in a manner that it cannot enter any
-waterway. Excavation shall be deposited as to protect the waters of the state
from siltation.
6. All erosion and sediment - control measures shall be properly installed -and
maintained by the Contractor until all permanent drainage facilities have been
constructed, and all slopes are sufficiently vegetated to be an effective erosion
deterrent; or until tentative acceptance of the work.
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Project No. ENH- 89(30)
7. All erosion and sedimentation resulting from the Contractor's operations and the
weather conditions must be corrected by the Contractor.
LIMITATION OF OPERATIONS
(B -3 -1014)
Q
General
1. The maximum exposed surface area for the Contractor's operations in.
excavation, borrow, and embankment is 18 acres (72,800 m2) plus an equal area.
of clearing and grubbing /large tree removal. A written request for an increase in
the maximum exposed surface area may be approved by the Engineer. This
approval will be based on the soil, moisture, seasonal conditions_, the
Contractor's operation, or other conditions.
2. The Engineer shall have the authority to reduce the maximum exposed surface
area when any of the following conditions warrant:
a. Soil and moisture conditions are.such that erosion is probable.
b. Seasonal conditions may force extended delays.
C. Proximity to the waters of the state requires more stringent controls.
d. Equipment and personnel available on the job is not sufficient to properly
maintain erosion and dust control measures.
e. Any other environmental condition in the area that may -exist which would.
be affected by erosion from the project.
3. Construction operations in rivers, streams, wetlands, and impoundments shall be
restricted to those areas specifically shown in the contract. Rivers, streams,
wetlands, and impoundments shall be promptly cleared of all false work, piling,
debris, or other obstructions placed therein - or caused by the construction
operations.
4. Fording and operation of construction equipment within streams and wetlands
will not be allowed, unless explicitly allowed in the contract. Streams are defined
as any area between the high banks, regardless of the flow conditions.
-80-
Project No. ENH- 89(30)
CONSTRUCTION METHODS
(B -3 -1014)
A. General
1. The Contractor shall conduct all construction activities and install temporary
erosion control measures, as necessary, to control sediment and avoid soil
erosion during construction.
2. The Contractor shall incorporate all permanent erosion control features.into the
project at the earliest practicable time.
3. Construction stormwater management control measures for Contractor obtained
work areas located outside the right -of -way, such. as borrow site operations, haul
roads, plant sites, staging sites, waste sites, equipment storage - sites, etc. are the
sole responsibility of the Contractor. All construction stormwater management
control measures for these areas are at the Contractor's expense. The
Contractor is responsible for securing all required permits for use of these sites.
4. The construction stormwater management procedures contained herein shall be
coordinated with any permanent erosion control measures specified elsewhere in
the contract to the extent practical to assure economical, effective, and
continuous erosion and sediment control throughout the construction period.
5. The Contractor shall be responsible to limit.erosion and prevent- siltation into the
waters of the state during the construction period, as well as during the times that
work may be suspended.
6. a. All erosion and sediment control items shall be installed by personnel who
are knowledgeable in the principles and practice of various BMP
installations.
b. The installation of all erosion and sediment control items shall -be done
under the direct supervision of the Contractor's. employee who has
successfully completed training provided ,by the Department and has
been certified as an Erosion and Sediment Control Inspector (Inspector).
The Contractor's Inspector shall be present at each site during installation
to direct and inspect all erosion and sediment control BMP.installations.
i. The NDOR Erosion and Sediment Control Inspector Certification
is obtained by completing an Erosion and Sediment Control
Inspector Training - Course provided by the Nebraska Department
of Roads and passing the examination that accompanies the
training.
c. The .Contractor shall notify the Engineer of all employees, who have been
certified as Inspectors, who will be on the project to direct and inspect all
erosion and sediment control BMP installations.
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Project No. ENH- 89(30)
d. No payment will be made for any erosion and sediment control item
unless a Contractor's Inspector was present to directly supervise and
inspect the work.
e. No payment will be made for any erosion and sediment control item that
is not properly installed. All erosion and sediment control items shall be
installed as per the contract.
ENVIRONMENTAL COMMITMENT DOCUMENT
(B -3 -1014)
A. Environmental Commitment Document
1. a. An Environmental Commitment Document will be created by the
Department to identify all project specific environmental commitments and
will be included in the Contract_
b. The Department will provide information for the following, when
applicable:
c
i. Storm Water Pollution Prevention. Plan (SWPPP)
ii. U.S. Army Corps of Engineers (USAGE) .Section 404 Permit
iii. Nebraska Department of Environmental Quality 40 Water Quality
Certification
iv. State Title 117 Waters (USAGE Non - Jurisdictional)
V. Floodplain.Permit.
vi. Historic Clearance
vii. Endangered Species Clearance
viii. Nebraska Nongame and Endangered Species Conservation Act
Clearance
ix. National Environmental Policy Act Compliance
X., NPDES Construction Stormwater Permit (within Right-of-Way
limits, only)
A Conservation Measures
xii Migratory Bird Treaty Act
xili. Bald and Golden Eagle Protection Act Compliance
xiv. Other pertinent issues
The Contractor shall provide information for the.following, when
applicable:
i. Temporary Erosion Control Plan
ii. Spill Prevention and Control Plan
iii. Migratory Bird Treaty Act Compliance Plan
iv. Name and telephone number of the Contractor's representative
responsible for the Environmental Commitments '
V. Name and -telephone number of the employees that are NDOR-
Certified Erosion and Sediment Control Inspectors.
vi: Critical Path Construction Schedule
Vii. Other items as defined elsewhere in the contract
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Project No. ENH- 89(30)
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
(B -3 -1014)
A. General
1. A SWPPP is required for projects that construction activities will cause a land .
disturbance of one (1) acre or more. The Department will prepare the SWPPP
for the areas within the Right -of -Way, temporary easements and permanent
easements.
2. For projects not requiring a SWPPP, the Contractor shall comply with the
requirements of Environmental Commitment Document, Paragraph 1.b: of this
Special Provision, as applicable.
3. Contractor obtained work areas, located on private property, are not included in
the NDOR Project SWPPP.
B. Temporary Erosion Control Plan
1. The Contractor shall prepare and submit the Temporary Erosion Control Plan
prior to the start of any work. - The Contractor shall not begin work until the
Temporary Erosion Control Plan has been submitted to the Engineer and
appropriate erosion control measures are in place. Payment for any work on the
contract will be withheld if erosion control measures. are not in place or properly
maintained.
- 2. The Temporary Erosion Control Plan will be reviewed at project progress
meetings. All active Contractors shall have their Ins_ pectors present and work in
cooperation to determine any necessary changes. Necessary changes will be
documented on the Temporary. Erosion Control Plan by the Engineer.
3. Payment for preparing the Temporary Erosion. Control Plan, inspections and .
meeting reviews are subsidiary to items that direct payment is made.
C. Spill Prevention and Control Plan
1. All project activities shall be addressed in the Spill Prevention and Control Plan:
.The Contractor shall prepare and submit the plan to the Engineer and.install all
appropriate spill prevention and control measures prior to the start of any work.
2. The Spill Prevention and Control Plan shall clearly state measures to prevent,
contain, document and clean up a spill. It shall state measures for disposal of the -
contaminated material, disposal documentation and incident review to train
personnel to prevent spills from reoccurring.
3. Spill Prevention and Control Plans are applicable to construction sites where
hazardous materials are stored, used and /or generated onsite. Hazardous
Project No. ENH- 89(30)
materials include, but not limited to: hazardous wastes, pesticides, paints,
cleaners, petroleum products, fertilizers, solvents and porta -potty wastes.
4. Direct payment will not be made for the Spill Prevention and Control Plan.
D. Migratory Bird Treaty Act Compliance Plan
1. The Contractor shall not begin work until a Migratory Bird Treaty Act Compliance
Plan has been submitted to the Engineer and appropriate nesting migratory bird
avoidance measures are in place.
2. a. The Contractor shall clearly state the necessary measures they intend to
use to avoid a "Take" of nesting migratory birds in the Migratory Bird
Treaty Act Compliance Plan. Measures may include but are not limited
to:
i. Clearing and grubbing prior to April 1 St or after September 1 St
ii. Tree removal prior to April 1 St or after September 1 St
iii. Clearing empty nests on structures- prior to April 1 St
iv. Maintaining clear structures until commencement and throughout
the duration of work on structures
V. NeUing structures to prevent nesting
vi. Commitment to perform surveys according to protocol
vii. Hire a biologist to survey areas to be disturbed prior to
commencement of work during the nesting season
viii. Submittal of required bird survey reports
ix. Training of Contractor Personnel to insure compliance
3. a. The Migratory Bird Treaty Act Compliance Plan is applicable to the entire
project site to avoid the "Take" of migratory birds protected under the
Migratory Bird Treaty Act.
b. "Take" is defined as: pursuit, hunt, shoot, wound, kill, trap, capture,
collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or
collect.
4. The Migratory Bird Treaty Act. Compliance Plan shall adhere to the NDOR's
Avian Protection Plan located at:
http: / /www. transportation. nebraska.gov /environment/quides /avian- protection-
lan. pd f
Direct payment will not be made for the Migratory Bird`Treaty.Act Compliance
Plan.
E. SWPPP Inspection
`1. The Contractor. shall accompany the Engineer. on inspections in accordance with
the NPDES Construction Storm Water General Permit.
IME
Project No. ENH- 89(30)
2. The SWPPP will be maintained and updated by the Engineer as work progresses
and site conditions change to accurately describe the BMPs that are currently in
place.
3. The Contractor's participation in SWPPP inspections, maintenance and updates
shall begin on the first day construction activities cause land disturbance and end
on the date of project completion as evidenced as the completion date in the
District Engineer's Letter of Tentative Acceptance.
4. a. The Contractor's Inspector shall be responsible for ensuring that all BMPs
are installed in accordance with - the contract or the manufacturers'
recommendations. The Contractor's Inspector shall be capable of
reading and interpreting these documents.
b. The Contractor's Inspector shall be familiar with product and structural
BMPs. The Contractor's Inspector shall inspect, assess, and supervise
the maintenance of erosion and sediment control BMPs to ensure
compliance with the NPDES Construction Storm Water General Permit
while preserving BMP functionality.
5. Payment for project inspection is subsidiary to items that direct payment is made.
ENVIRONMENTAL COMMITMENT ENFORCEMENT
(B -3 -1014)
A. General
1. This specification establishes payment and disincentive assessment for the
Contractor's performance in complying with Contract Environmental
Commitments.
2. Deficiencies are described but not limited.to:
a. Failure to install pollution prevention control BMPs as work progresses or
as described in the SWPPP.
b. Failure to maintain existing pollution prevention control BMPs.
C. Failure to - remove non - functioning pollution prevention control BMPs.
d. Failure to comply with USACE Section 404 Permit requirements.
e. Failure to comply with NPDES Construction Storm Water General Permit
requirements.
f. Failure to - comply with all applicable statutes relating to pollution of the
waters of the state.
g. Exceeding the maximum exposed surface area for excavation of 18.Acres
without written request permission and written approval.
EM
Project No. ENH- 89(30)
h. Failure to comply with wildlife species specific conservation conditions.
i. Failure to comply with the Contract.
j. Failure to comply with the Engineers directives.
B. SWPPP Deficiency Notification
1. The Engineer will document and direct the Contractor to correct deficiencies.
2. a. The _Contractor shall commence correcting deficiencies, provide adequate
equipment and personnel, and diligently pursue correcting deficiencies
without cessation until all deficiencies have been corrected.
b. The count of Working Days and /or Calendar Days will continue during the
time period that corrective work. is being performed.
c. Delays to the project as a result of the Contractor conducting corrective
actions for the Contract Environmental Commitments will not constitute a
valid reason for an extension of the contract time allowance.
3. Deficiencies shall be corrected within seven (7) calendar days of notification or
within an approved extension. When deficiencies are not corrected within seven
(7) calendar days *or within an approved - extension, the Engineer will make a
disincentive assessment to the contract as stated. herein.
4. a. If soil, weather, or other conditions prevent the Contractor from
completing the corrective actions within seven (7) calendar days, the
Contractor shall notify the Engineer in writing. The Contractor's letter'
shall state the reasons preventing corrective action within the time
allowed. The Contractor shall propose a written Corrective Action Plan
within 48 hours. Corrective work -shall continue while. the Corrective
Action Plan is developed. The Contractor's Corrective Action Plan must
contain.a course of action'and a time frame for completion. If the reasons
and the Corrective Action Plan are acceptable, the Engineer may extend
the time in which .to complete the. corrective work.
b. The Contractor will be allowed to proceed with the plan as proposed_
without incurring a disincentive assessment.. If all corrective work is
completed within the time allowance shown in the Notification or within an
approved extension, a disincentive assessment will not be imposed upon
the Contractor.
C. Storm events or soil and weather conditions occurring on other projects,
which interfere with a Contractor completing corrective actions on the
project within seven (7) calendar days, will not be justification for a time
extension to com - plete the corrective work.
5. If all corrective work identified in the Notification has not been completed at the
end of the seventh (7 calendar day after the Initial Notice Date or within an
- 86
Project No. ENH- 89(30)
approved extension, a Shut -Down Notice will be issued on the eighth (8th)
calendar day after the Initial Notice Date or on the calendar day following the last
day of an approved extension.
6. All operations shall cease as of the date and time cited in the Shut -Down Notice.
The Contractor shall work, exclusively, on the deficiencies until all have been
corrected or as directed by the Engineer. Upon issuance of the Shut -Down
Notice, a disincentive of $500.00 per deficiency per calendar day will be
assessed thru the day the corrective work is completed, inclusive.
7. The Engineer may require the Contractor to provide a written Procedures Plan
that describes the process to prevent reoccurrence of deficiencies. The written
Procedures Plan shall be provided within two (2) calendar days of the request.
Failure to correct all deficiencies and provide a Procedures Plan may result in
payments being withheld until such time that procedures are outlined.
a. Payment for preparing a written Procedures Plan is subsidiary to items
that direct payment is made.
C. Storm Event Restoration — Incentive and Disincentive
1. The Department will pay "Storm Event Restoration - Incentive" when the
Contractor completes the restoration work to eliminate the pollution prevention
control deficiencies within seven (7) calendar days of Notification or within an
approved extension. Multiple deficiencies may be included in one notification. If
the restoration work has not been completed within seven (7) calendar days after
the Initial Notice or within an approved extension, payment for the item of "Storm
Event Restoration Incentive" will not be made.
2. A storm event is defined as a storm exceeding 0.50 inch of rain in a 24 hour
perio.d..
3. The Department will notify the Contractor of pollution prevention control
deficiencies.
4. a. Payment for the item of "Storm Event Restoration - Incentive" may not be
made when the Contractor is notified to correct pollution prevention
devices not installed in accordance with. the contract or the
manufacturer's recommended installation instructions..
5. If the restoration work is not completed within seven (7) calendar days or within
an approved extension, a disincentive assessment of.$500.00 per deficiency per
calendar day will be assessed. The disincentive assessment will begin on the -
eighth (81 th ) calendar day after the issuance of the Initial Notice Date or on the.
calendar day following the last day of an approved extension(s) and continue
through the day that the restoration work is completed, inclusive.
D. Method of Measurement
1. a. "Storm Event Restoration — Incentive" will be measured by the each upon
completion of restoration of all. deficiencies included in a notification within
-87 -.
Project No. ENH- 89(30)
F.
G.
H.
the allowed time and only one payment per notification is allowed when
multiple deficiencies are included on the notification.
b. If deficiencies from multiple notifications are restored during the same
restoration operation, only one (1) incentive is eligible for payment.
C. If multiple notifications are the result of successive storm events and
deficiencies are transferred to ensuing notifications, incentive payment is
only eligible for the latest notification.
2. "Storm Event Restoration — Disincentive" will be measured by the calendar day in
accordance with Paragraph C.5. above.
Basis of Payment
1. Pay Item Pay Unit
Storm Event. Restoration — Incentive' Each
Storm Event Restoration — Disincentive Calendar Day
2. All equipment, materials, etc. used in the restoration work will be paid for in
accordance with Division 800 of the Standard Specifications,
3. Payment is full compensation for all other incidentals required to complete the
restoration work included in the notification within the allowed time.
Environmental Commitments — Contractor Compliance
1. To provide payment for all plans, inspections, surveys, reports, travel, qualified
inspection persons and any other subsidiary activities for the work of
implementing threatened and endangered species commitments, temporary
erosion control or any other environmental commitments prescribed in the
contract.
2. Multiple visits to the project maybe required to comply with environmental
commitments prescribed in the contract.
Method of Measurement
1. No measurement is required.
Basis.of Payment
1. Pay Item Pay Unit
Environmental Commitments Contractor. Compliance Lump Sum
2. Partial payments will be made as follows:
a. The Department will pay 50 percent of the total amount bid for the item
Environmental Commitments - Contractor Compliance within_ seven
(7) calendar days after the Notice to Proceed Date.
88
Project No. ENH- 89(30)
b. Upon completion of 50 percent of the Original Contract Amount, the
Department will pay 30 percent of the amount bid for the item
Environmental Commitments — Contractor Compliance.
C. Upon completion of 75 percent of the Original Contract Amount, the
Department will pay the remaining 20 percent of the amount bid for the
item Environmental Commitments —Contractor Compliance.
d. Failure to comply with any or all of the contract requirements, included for
payment under the item of Environmental Commitments - Contractor
Compliance, will preclude all payment for the item, including any previous
payment.
3. Payment is full compensation for all work prescribed in the - contract.
L Immediate Action Deficiencies
1. Deficiencies that pose an imminent threat to the environment are considered an
emergency situation. These deficiencies will be identified in the Immediate
Action Deficiencies Section of the Environmental Commitment. Deficiency
Notification Form. The corrective work for Immediate Action Deficiencies shall
begin immediately and continue without cessation until completed.
2. The Engineer will issue a shut -down notice. All work on the contract shall cease
until the corrective work has been completed. The Engineer may allow the -
Contractor to continue working in areas unaffected .by the Immediate Action
Deficiency, provided corrective actions are being actively performed on the
deficiency.
3. Immediate Action Deficiencies are not eligible for an incentive payment. .
4. The Contractor will be assessed a disincentive assessment of $1,000.00 per
deficiency per calendar day for failure to. begin corrective actions or failing to
continue to completion as directed by the Engineer or by the.regulatory agency
with jurisdiction.
5. Examples of Immediate Action Deficiencies include but are not limited to:
a. Threatened & Endangered Species habitat protection deficiencies
b. USACE Section 404 Permit Noncompliance
G. Petroleum Spills/Tank Leakage
d. Hazardous Material Spills
-89-
Project No. ENH- 89(30)
r
J. Rights Reserved
1. The Department reserves the right_ to initiate and perform corrective action on
any deficiencies which result from the Contractors' actions, inactions, or for
failure to comply with the NPDES Construction Stormwater General Permit,
U.SACE Section 404 Permit, or any other applicable permit.
2. The Contractor shall be liable to the Department for any and all costs incurred by
the Department for corrective actions taken by the Department.
3. It is expressly understood that the provisions of this specification shall not relieve
the Contractor of their responsibilities nor shall it relieve the Surety of its
obligation for and concerning any just claim.
4. The Contractor shall indemnify and save harmless the Department and all of its
representatives from any and all actions or claims brought because of the
Contractor's actions, inactions, or for failure to comply with the NPDES
Construction Storm Water General Permit, USACE Section 404 Permit, or any
other applicable permit.
ACCEPTANCE TESTING OF SOILS BY USE OF THE LIGHT WEIGHT
DEFLECTOMETER (LWD) SCOPE
(B -4- 0615)
This test method covers the in- place measurement of deflection and- moisture content of
Class III embankments for acceptance testing on Nebraska Department of Roads Projects._
Refer to Subsection 205.03 of the NDOR Standard Specifications for Highway Construction for
a definition of Class III embankments. Refer to NDR Test Method T 2835 for the proper
operation of the LWD.'
The deflection test measurement shall be the average measured deflection of the fourth,. fifth,
and sixth drops of the falling weight of the LWD. The first three drops are to be used to seat the
LWD.
The Deflection Target Value (DTV) is the deflection value of each soil determined by.using a
test strip or from correlation with the Nebraska Group Index for an individual Soil.
Option 1
A. Determination of DTV using a Test Strip
1. A test strip shall be constructed for each soil type to determine the deflection
target value.
2. A new test strip shall be constructed when there is an observed change in
material or as determined by the Engineer.
3. The test strip dimensions for roadway embankment and subgrades shall have a
minimum length of 200 feet and a width equal to the embankment or roadway.
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Project No. ENH- 89(30)
The.total thickness shall be no less than 6 inches for roadway subgrade and no
less than 1 -foot and no more than 3 feet for roadway embankment.
4. The test strip dimensions for trenches, culverts, and structures shall have a
minimum length of 10 feet and a width equal to that of the excavation. The total
thickness shall be no less than 1 -foot and no more than 3 feet.
5. The optimum moisture of fine grained soils shall either be determined in the
NDOR Branch Lab or Central Lab, and shall be based on a correlation with the
Plastic Limit or determined from AASHTO T -99.. R 10 -lb sample of proposed
material shall be submitted to the NDOR Branch Lab or Central Lab a minimum
of 14 days prior to grading operations.
6. The moisture content for granular soils shall be "as necessary" to achieve proper
compaction.
7. The moisture content limits of the soil shall follow the requirements provided in
Table 1.
8. The test strip area construction shall be incidental to the embankment
construction.
9. The testing rate during the test strip construction is provided in Fable 2.
Project No. ENH- 89(30)
-. ffilm"IM W,
mom
** Moisture as necessary to obtain proper compaction. The moisture target value for granular materials
shall be established in the field by the Contractor during the compaction process. Once established the.
target moisture shall not vary by more than ± 2 %.
Tahle 7 Tact Strin Toozfinrr Pnfn
f �'I
Soil materials
Silt — Clay.
Upper 3 feet
Opt. -3
Opt. +2
receiving concrete
Silt- Clay
Greater than 3 feet
Opt. -3
Opt. +2
pavement
Granular
All Depths
**
**
Soil materials
Silt —Clay
Upper 3 feet
Opt. -2
Opt. +1
receiving flexible
Silt- Clay
Greater than 3 feet
Opt. -3
Opt. +2
p avement
Granular
All Depths
**
**
Soil materials
receiving gravel
All materials
All Depths
**
**
surfacin
Subgrade prep.
Shoulder subgrade
Silt — Clay
The upper 6
Opt. -3
Opt +2
prep (concrete
inches of subgrade
p avement )
Granular
soil
**
**
subgrade prep.
Shoulder subgrade
Silt — Clay
The upper 6
Opt. -2
Opt +1
prep (flexible
inches of subgrade
pavement)
Granular
soil
**
**
Stabilized
Sub grade
-
-
See Specifications
Granular Structural
Fill (MSE Walls,
bridges, culverts,
Granular
All Depths
**
**
et.)
** Moisture as necessary to obtain proper compaction. The moisture target value for granular materials
shall be established in the field by the Contractor during the compaction process. Once established the.
target moisture shall not vary by more than ± 2 %.
Tahle 7 Tact Strin Toozfinrr Pnfn
, wmuer of passes witn compaction equipment as aescnoea in paragraph 14c of Subsection 205.03 of
the NDOR Standard Specifications for Highway Construction:
B. Test Strip Construction and Testing
1. Prior to placing the fill material for the test strip, the subgrade shall be scarified
and re- compacted.
2. The fill material shall.be placed with a- lift thickness no greater than 8 inches
uncompacted.
3. The test strip shall be constructed with uniform material and moisture content;
and compaction; until it meets the requirements of numbers 3 or 4 of Section A of
this provision.
f �'I
• -•
A7 -
pa
, wmuer of passes witn compaction equipment as aescnoea in paragraph 14c of Subsection 205.03 of
the NDOR Standard Specifications for Highway Construction:
B. Test Strip Construction and Testing
1. Prior to placing the fill material for the test strip, the subgrade shall be scarified
and re- compacted.
2. The fill material shall.be placed with a- lift thickness no greater than 8 inches
uncompacted.
3. The test strip shall be constructed with uniform material and moisture content;
and compaction; until it meets the requirements of numbers 3 or 4 of Section A of
this provision.
Project No. ENH- 89(30)
4. The deflection target value is obtained when:
i. The moisture content is within the acceptable range.
ii. The average of the deflection test measurements for three consecutive
passes of compaction equipment does not change by more than 10%
with additional compaction. The DTV shall be based on the lowest
average deflection test measurement from these passes.
5. A 10 -lb sample of the test strip material shall be submitted to the NDOR Branch
Lab or Materials and Research Soil Lab for index testing.
6. The DTV shall be re- evaluated when:
i. Deflection test measurements are consistently less than the DTV. (3 out
of 5 consecutive deflection test measurements are less than 0.80 of the
DTV).
ii. Failing test results are consistently occurring and adequate compaction is
observed.
Option 2
C. Determination of Deflection Target Values based on the Nebraska Group Index
(NGI)
1. Prior to construction a 10 -lb bag of representative material shall be submitted to
the nearest NDOR Branch Lab or Materials and Research Soil Lab for each
different soil type no less than 21 days prior to grading operations.
2. From the laboratory testing NDOR will determine the Nebraska Group Index
(NGI) for each soil type submitted and provide a correlated minimum DTV and
optimum moisture content.
3. If no correlation data is available for an-individual NGI, a -test strip shall be used
to determine the DTV as discussed in parts A and B in this provision.
4. The DTV shall be re- evaluated when:
i. Deflection test measurements are consistently less than the DTV. (More
than 20% of the deflection test measurements are less than 0.80 of the
DTV.
ii. Failing .test results are consistently occurring and. compaction is
observed.
Acceptance Testing
1. The Deflection Target Value for use as acceptance testing shall be:
DTV <_ 1:10 x average deflection value. determined from Option 1, Part B,
of this provision
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Project No. ENH- 89(30)
DTV s_ Correlated DTV determined from the NGI correlation , Option 2,
Part C
2. The frequency of testing deflection and moisture content is provided in Table 3.
3. The moisture content of soil shall be performed using NDOR's approved
equipment and methods. Approved equipment includes: 1) hot plates, stove, or
microwave, 2) Speedy Moisture Method, or 3) Laboratory oven method.
4. Moisture content, results shall be reported to the nearest tenth of a percent.
Table 3 - Accentance Testina Frequency
Soil Moist7Test(LWD) nt
Subgrade compaction/
construction, stabilized sub grade
1 test for every 1000 feet
Deflection
Subgrade compaction/
construction, stabilized subgrade,
foundation course
1 test for every 1000 feet
Soil Moisture Content
Embankment, roadway grading
2 tests every 1000 feet for every
1 foot of fill
Deflection Test
Embankment, roadway grading
1 tests every 1000 feet for every
1 foot of fill
Soil Moisture Content
Granular Fill/ Backfill
2 tests every 1000 feet for every
1 foot of fill
Deflection: Test
Granular Fill/ Backfill
1 tests every 1.000 feet for every
1 foot of fill
Soil Moisture Content
Granular backfill. for Structures
1 test for each 2 feet of fill
Deflection Test
Granular backfill for Structures
1 test for each 1 foot of fill
IT moisture content is not unirorm or Goes not meet the requirements of I able 1, the frequency
shall be increased.
2 If fill thickness is 4 inches or less, testing not required.
REMOVE AREA INLET AT STATION 105 +87.6
The removal of the inlet shall be completed down to the base. The base shall be protected from
damage during. removals so it can be re-used_ for the manhole to be constructed at this location.
Any_ damage shall be repaired by the contractor: If reinforcing steel extends from the base into
the inlet walls, it shall be cut off and grouted to protect - against rusting. The existing steel (grate,
ring and any steps) shall be salvaged.to the City of Blair,
SUBGRADE PREPARATION
- (C -1 -0307)
Paragraph 2_a. of Subsection 302:03 in the Standard Specifications is amended to
include that trimming on narrow irregular or roadway grading of 112 mile (0:8 km) or less may
be accomplished using conventional methods:
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Project No. ENH- 89(30)
SUBGRADE PREPARATION
Subsection 302.04 of the Standard Specifications is amended to provide that the work of
subgrade preparation under 6" Concrete Class 4713 Imprinted Surfacing as well as all
water applied as directed by the Engineer will not be measured for payment, but shall be
considered subsidiary to the item "6" Concrete Class 4713-3000 Imprinted Surfacing."
TYPE B HIGH INTENSITY WARNING LIGHTS
(D -6 -0307)
All references in the plans to Type B High Intensity Warning Lights shall be considered void.
The plans will not be revised to reflect this change.
TEMPORARY TRAFFIC CONTROL DEVICES
(Type II Barricades, Reflectorized Drums, 42" (1070 mm) Reflective Cones, and
Vertical Panels)
(D-6-1112).
Paragraph 2.d. of Subsection 422.03 in the Standard Specifications is void and superseded by
the following:
d. (1) Reflectorized drums used for traffic warning or channelization shall be.
constructed of lightweight, and deformable materials, be a minimum of
36 inches .(900 mm) in height, and have a minimum width of 18 inches (45.0 mm),
regardless of orientation. The predominant color of the drum shall be orange.
(2) Steel drums shall not be used.
(3) The markings on drums shall be horizontal, shall be circumferential, and shall
display four 6 -inch (150 mm) wide bands of retroreflective sheeting, alternating
fluorescent orange - white — fluorescent orange - white. The fluorescent orange
sheeting shall meet the luminance requirements of the following _table.
FHWA I - uminance Factor
e. When approved by the Engineer or shown in the plans, 42" (1070 mm) reflective
cones maybe used in lieu of Type 11 Barricades or Reflectorized Drums.
42 (1070 mm) reflective cones shall include a 30 -pound (14 kg) rubber base and
display four 6 -inch (150 mm) wide bands of retroreflective sheeting, alternating
fluorescent orange - white - fluorescent orange white. 42" (1070 mm) reflective
cones shall not be used for lane- closure tapers or shifts.
-95_
Luminance Factor YT
Sheeting Type.
Min
Max
Fluorescence Luminance
Factor Limit; YF
fluorescent Orange
25
None
15
e. When approved by the Engineer or shown in the plans, 42" (1070 mm) reflective
cones maybe used in lieu of Type 11 Barricades or Reflectorized Drums.
42 (1070 mm) reflective cones shall include a 30 -pound (14 kg) rubber base and
display four 6 -inch (150 mm) wide bands of retroreflective sheeting, alternating
fluorescent orange - white - fluorescent orange white. 42" (1070 mm) reflective
cones shall not be used for lane- closure tapers or shifts.
-95_
Project No. ENH- 89(30)
f. Rubber base - mounted 36 -inch vertical panels shall not be used for
channelization when the speed limit exceeds 40 miles per hour.
Paragraph 2.b. of Subsection 422.04 of the Standard Specifications is void and superseded by
the following:
b. (i) Type II Barricades, Reflectorized Drums, and 42" (1070 mm) Reflective Cones
shall be counted as 'Barricades, Type II" and measured for payment by the
number of calendar days each is in place and positioned as shown in the plans
or as directed by the Engineer.
(ii) Vertical Panels shall be measured for payment as permanent "Sign Days" (by the
each) by the number of calendar days each vertical panel unit is in place and
positioned as shown in the plans or as directed by the Engineer.
Paragraph 2.c. of Subsection 422.04 of the Standard Specifications is amended. to include
Reflectorized Drums.
Paragraphs 3. and 4. of Subsection 422.05 of the Standard Specifications are void and
superseded by the following:
3. a. The pay item 'Barricade, Type I I" is used to pay for three items ( "Barricades,
Type II ", "42" (1 070 mm) Reflectorized Cones ", and "Reflectorized Drums ").
b. "Barricades, Type II which includes "42" (1070 mm) Reflectorized Cones ", and
"Reflectorized Drums is paid for as an "established" contract unit price item.
The established unit price is identified on. the "Schedule of Items" shown in the.
Proposal.
4. Payment for vertical panels includes all posts, brackets, or hardware necessary
to install and maintain the vertical panel units.
WORK ZONE TRAFFIC CONTROL SIGNS
(D -6- 1212)
The Department has adopted the FHWA 2009 Manual of Uniform Traffic Control (MUTCD) and
the 2011 Nebraska Supplement -to the MUTCD as the official guidance for work zone traffic
control signs. Many work zone traffic control signs have been revised, redesigned, or replaced
in the 2009 MUTCD (and 2011 Nebraska Supplement). Accordingly, all work zone signs shall
comply with the following:
1 - All signs, regardless of age, shall meet.the design standards of the 2009 MUTCD
(and.2011 Nebraska Supplement):
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Project No. ENH- 89(30)
RELOCATE STREET LIGHTING UNIT
Two street lights, one of 40 foot mounting height with 6 foot mast arm and the other 40 foot
mounting height and 12 foot mast arm, require relocation as part of this project: Both poles are
galvanized steel.. The contractor shall relocate these units as shown in the plans and these
special provisions.
The two units being relocated shall be carefully dismantled and protected from damage until
they are installed at their new locations. The lighting units must be relocated and operating
properly within 5 calendar days of trail concrete placement.
Both lighting units have power installed foundations. Install the salvaged poles, transformer
bases, poser bases, mast arms and luminaries on the relocated power foundations .at the
locations shown on the plans using new conduit and cable. Abandon existing conduit and cable
in place unless it conflicts with other work on this project.
After the two existing power foundations have been removed, backfill the resulting excavation
with clean soil and compact to the density of the surrounding undisturbed earth. All debris not
re -used shall be removed from the project.
Method of Measurement: relocated lighting units will be measured for payment as individual
units. Each relocated unit, in place and accepted by the engineer will be paid for at the contract
unit price: for the item "Relocate Street Lighting Unit." This price shall be full compensation for
the removal, salvage, storage, transportation, preparation, disposal of surplus material, for the
construction of the foundations, for all materials,, tools, equipment and incidentals necessary to
complete the work.
ADJUST PULL BOX TO GRADE
If the existing. pull box is. in satisfactory condition as determined by the Engineer, the Contractor
shall raise or lower the pull box to be flush with the new grade. Any fill needed to accomplish
this task.shall be compacted to -the density requirements of the project.
The item "Adjust Pull Box to Grade" will be measured for payment as a complete unit for each
existing pull box adjusted to grade. Payment shall be considered full compensation for all work
prescribed.
CURB WORK AT 23RD. STREET AND HIGHWAY 75
At this location any removal of the existing.curb will be paid for as part of the remove sidewalk
pay item (square yard). Any curb that needs to be reconstructed as part of the curb ramp
replacements at this intersection will be paid for as part of the build bikeway pay items as
appropriate (square yard): Limits of removal'and replacement of the existing curb shall be
marked by the Construction Engineer. Any curb not marked for removal shall be protected by
the Contractor. If curb not marked for removal is damaged by the Contractor, he shall replace
the curb at no additional cost to the City or NDOR.
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Project No. ENH- 89(30)
CONCRETE PAVEMENT CORING
(F -17 -0110)
Paragraphs 3. a. and 3.b. of Subsection 603.05 of the Standard Specifications are void
and superseded by the following: -
3. a. (1) A pay factor will be applied to each unit based on the compressive strength of
1 core per unit tested in accordance with AASHTO T 24.
(2) Concrete cores must have a minimum age of 28 days before testing
(3) The paved area shall be divided into units,-and each unit will be considered
separately.
(4) Units are 750 linear feet (230 m) of pavement for each separately placed width
or width of each class of concrete whether or not placed separately starting at
the beginning of the pavement.
b. (1) When any unit core fails to have the required minimum compressive strength,
the Contractor will have the option to obtain, at no cost to the Department,
two additional cores from that unit provided that:
(i) The cores shall be cut by the contractor. (The cutting to be witnessed by
the Engineer)
(ii) The cores shall be cut within seven (7) days of being notified of the
strength deficiency, and
(iii) The cores shall.be cut within 6 inches of the original unit core in the
longitudinal direction.
(2) The- Engineer will take possession of the cores and have them tested within
24 hours .at the Materials and Research laboratory.
(3) The results of all three cores sampled at the location will be- averaged for the
final compressive strength calculation and pay factor.
(4) The Department may agree to cut the additional cores if requested to do so by
the Contractor,. but will do so only if the Department's coring crew is available
on the project and has sufficient time to cut and transport the cores for testing
during normal working hours within seven (7) days of the Contractor being
notified of the. strength deficiency.
Paragraph 4.a. (4) of Section 603.05 in the Standard Specifications is void and replaced
by the following:
A separately placed width is the width between field constructed longitudinal joints,
between a longitudinal - construction joint and the edge, or between two pavement edges. A
separately placed width may include more than one pay class of concrete, such as doweled and
non- doweled.
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Project No. ENH- 89(30)
.PORTLAND CEMENT CONCRETE PAVEMENTS
GENERAL REQUIREMENTS
(F -20 -0611)
Paragraph 7.b. of Subsection 601.02 in the Standard Specifications is void and
superseded by the following:
b. The finishing machine shall travel at a controlled speed such that it produces a
uniform, well consolidated pavement that does not contain large voids.
Paragraph 10.d. of Subsection 601.02 is void and superseded by the following:
d. The Contractor shall always have a tachometer, available to monitor vibrator
frequency. The vibrator frequency shall be within the manufacturer's
specifications not to exceed 9,000 vpm.
Paragraph 12.d.(1) of Subsection 601.02 is void and superseded by the following:
(1) The mechanical joint saw shall have an adjustable guide to insure a true line is
cut. The mechanical joint saw blade shall be water- cooled, or specifically
designed for early -entry sawing if air cooled.
Paragraph 12.d.(2) of Subsection 601.02 is void.
Paragraph 12.d..(3) of Subsection 601.02 is void and superseded by the following:
d.(3) The joint cut shall be made with a diamond- toothed blade.
CONCRETE PAVEMENT
(F -21- 0611).
Paragraph 2.a. of Subsection 603.0.3 in the Standard Specifications is amended to
include the following:
(6) The base material shall be moistened through a uniform, lightly applied spray
pattern prior to concrete placement as directed by th.e Engineer.
Paragraphs 2.d. and e. of Subsection 603..03 are void and superseded by the. following:
d. After'being consolidated with mechanical vibration, the concrete shall be
struck off to a uniform height approximately 0.5 inch (12 mm) above the finished
.surface and then finished to the final elevation by means of a vibrating
mechanical or vibrating hand operated screed.
e. Finished concrete shall be of uniform density with no segregation,
honeycombing, or large voids.
_99-
Project No, ENH- 89(30)
Paragraph 3.f. of Subsection 603.03 is void and superseded by the following:
f. (1)' A wet burlap, carpet, or canvas drag will be drawn over the entire surface in a
longitudinal direction for a final finish, dampening of this drag material will be
accomplished through a uniform, lightly applied spray pattern.
(2) The drag shall be suspended from a mandrel, or similar device, to insure a
uniform texture.
(3) The drag shall be lifted from the surface of the concrete pavement when the
paving train is not in motion for 30 minutes or more and carefully reset before
resuming the dragging operations.
(4) Drags shall be rinsed or washed as necessary.to obtain a uniform surface.
Drags that cannot be cleaned shall be replaced.
Paragraphs 4.e., f., g., and h. of Subsection 603.03 are void and superseded by the
following:
e. For areas with pavement widening, dowel baskets shall be placed in all
transverse contraction joints which are. 6 feet (1.8 mm) or wider.
f. If normal vibration is found inadequate to thoroughly consolidate the plastic
concrete within and around the dowel basket assemblies, adjustments to the
material and /or operations shall be made:
g. Precautions shall be taken to assure that the sawed contraction join_ t is located
directly over. the center of the dowel bars.
h. Transverse cracks which form in the concrete pavement panels between load
transfer joints shall be stitched as shown in the. plans, - described in the Special
Provision or repaired as directed by the Engineer. No payment will be made for
this work.
Paragraph 6.b.(7)(i), of Subsection 603.03 is -void and superseded by the following:
(7) (i) The concrete shall be textured by dragging a wet burlap, carpet, or canvas belt
over - the full width of the surface in a longitudinal direction. Dampening of this
drag material will be accomplished through a uniform, lightly applied spray
pattern.
Paragraph 6.c.(4)(i) of Subsection 603.03 is void and superseded by the following:
(4) (i) The concrete shall be textured by dragging a wet burlap, carpet, or canvas belt
over the full width of the surface in, a longitudinal direction. Dampening of this
drag material :will be accomplished through a uniform, .lightly - applied spray
pattern:
Paragraph. 7.a.(3) of Subsection 603.03 is void and superseded by the following:
(3) (i) The curing compound shall be applied in 2 equal applications immediately
following each other or other methods approved by the Engineer.
_100-
Project No. ENH- 89(30)
(ii) The total rate of applications shall be at a minimum of 1 Gal /100 SF (0.3 L /m of
surface area for tined surfaces or 1 Gal /150, SF (0.2 L /m of surface area for all
other finishes.
Paragraph 8.a.(6) of Subsection 603.03 is voided and superseded by the following:
(6) Any panels that contain random cracking will be considered unacceptable. The
Engineer will decide whether to replace or repair the panel. The Contractor shall
replace or repair these panels at the direction of the Engineer, at no cost to the
Department. A 20% deduction will be assessed on any repaired panel. Any
panel that is replaced will not be assessed a 20% deduction.
Paragraph 8.d.(3) of Subsection 603.03 is void.
Paragraphs 8.d.(4), (5) and (6) of Subsection 603.03 are void and superseded by the
following:
(4) Before sealing, the joint wall (not the bottom of joint) surfaces shall be
sandblasted or water- blasted to remove all dirt, curing compound residue,
laitance, and any other foreign material. After sandblasting, the entire joint shall
be cleaned with compressed air having a minimum pressure of 90 psi (620 kPa).
The compressed air shall be free of oil, water, and other contaminants. The
joints shall be dry at the time of sealing..
(5) (i) Transverse contraction joints in- Portland cement concrete pavements shall be
sealed so that the joint is filled to approximately 1/8" to 3/8" (3 to 9 mm) below
the top of the joint with an approved hot poured sealant:
(ii) All overflow material. shall be removed from the surface of the pavement.
(iii) If adhesion is not satisfactory, the material shall be rejected.
(6) The Contractor shall give the Engineer one copy of the hot pour manufacturer's
sealing recommendations.
Paragraph 9.b. of .Subsection 603.03.in the 2007 edition of the NDOR Standard
Specifications for Highway Construction is void and superseded by:
b. When the pay item "Portland :Cement Concrete Smoothness Testing" is not
included in the contract, the Contractor shall test the hardened concrete for
surface irregularities with a. California Profilograph." Areas showing high spots
(bumps) in excess of 0.30 inches in a 25 foot span will be plainly marked on the
pavement -and on the printed pavement profile trace: All identified high spots
shall be ground to the required profile. The grinding shall be performed so that
the cement - aggregate bond is not broken. The equipment and profilograph test
procedure requirements of Section 602 of the Standard Specifications for
Highway Construction shall apply to this surface testing..
Paragraph 9.c of Subsection 603.03 is amended to include:
C. At the Engineer's option, the use of a 10 foot straightedge to locate high spots in
excess of 1/8 inch may be allowed in lieu of bump detection using a profilograph
testing.
_ 101
Project No. ENH- 89(30)
Paragraphs 11.c., d. and e. of Subsection 603.03 are void and superseded by the
following:
C. The Contractor's forces may be allowed on the concrete pavement when the
concrete has reached a minimum age of 14 days or when the concrete has
reached a compressive strength of 3000 psi (24 MPa) when tested in accordance
with ASTM C 39.
d. With the approval of the Engineer, the Contractor may elect to increase the early
strength of the concrete by adding cement and /or reducing the water /cement
ratio, and then the pavement may be opened to traffic provided it has attained a
compressive strength of 3500 psi (24 MPa.). The concrete in the area where the
early strength is required shall be paid for at the bid price.
e. When required by the Special Provisions or when requested by the Contractor,
the maturity method, as provided for in ASTM C 1074, may be used in lieu of the
requirements of Subsection 603.03, Paragraph 10.c. and d. to determine the
strength of concrete pavement for the purpose of early;opening to traffic.
Requests by the Contractor for use of the maturity method shall be on a project
basis and shall be made in writing to the Materials and Research Engineer. The
Contractor shall be responsible to coordinate with the Materials & Research
Division to develop the maturity curve.
Paragraph 3.a. and b. of Subsection 603.05 is void and superseded by the following:
3. a. A pay factor will be applied to each unit based on the compressive strength of
1 core per unit tested in accordance,with AASHTO T 24. Concrete cores must
have a minimum age of 28 days before testing. The Contractor will have the
option to obtain two additional cores for any unit core that fail to have the
required minimum compressive strength provided that the.cores are:
(1) Obtained and tested within seven (7) days of being notified of the strength
deficiency, under the supervision- of the Engineer.
(2) Cut within 6 inches of the original unit core in the longitudinal direction.
The results of all three cores sampled at the - location will be averaged for the final
compressive strength calculation and pay factor.
b. The paved area shall be divided into units. Each unit will be considered
separately. Units are 750 linear feet (230 m) of pavement for each separately
placed width, or width of each class of concrete whether or not placed separately
starting at the beginning of the pavement.
Paragraph 4.a.(7) of .Subsection 603.05 is void and superseded by the following:
(7) A the option of the Engineer, cores may not be required from irregular areas with
widths less than 8 feet (2.4.m) orfrom individual pavement type that involve
less than 5,000 square yards (4200 m) of pavement.
Paragraph 4.c.(4) of Subsection 603.05 is void and superseded by the following:
(4) If.the average thickness_ of the cores is deficient by more.than 0.25 inch (6 mm)
but not more than 0.50 inch (12.5 mm) an adjusted unit price will be paid in
102.-
Project No. ENH- 89(30)
accordance with Table 603.04. Cores deficient by more than 0.50 inch
(12.5 mm) will be treated as prescribed in Paragraph 4.d. of this Subsection.
CONCRETE CLASS 4713-3500 IMPRINTED SURFACING (6 ")
1. Description
1.1. This work shall involve placing 6" Concrete Class 4713-3500 imprinted surfacing at the
locations shown in the plans and then creating a running bond brick effect on the
surface by use of special imprint forms.
1.2. Section 607 — concrete sidewalks, bikeways and median surfacing of the 2007 Edition
of the Standard specifications shall be followed in addition to these special provisions.
2. Material Requirements
2.1. Concrete shall be Class 4713- 3500.
2.2. The forms to imprint the special surfacing (between trail and curb) shall be of a running
bond brick design and will be approved by the City of Blair.
2.3. Preformed expansion joint filler shall be a rigid plastic foam type and shall meet the
specifications as stated by the manufacturers of the sealing compound used
2.4. The pour type flexible sealer shall be multi - component polysulfide or polyurethane
sealant complying with Federal specifications TT- S -227E or subsequent revisions.
2.5. Joint primer shall meet the specifications as stated by the manufacturer of the sealing
compound used.
2.6. Preparation of the joint and the application of the sealing compound shall be in strict
accordance with the manufacturer's directions by skilled workmen.
2.7. The color of the concrete shall be brick red, as approved by the Engineer. Color shall
be uniform throughout the entire surfacing. The Engineer shall approve the color based
on concrete samples made from the same materials that will be used in the concrete
surfacing.
3. Installation Process
3.1. The concrete mix shall be placed and screeded to the proper grade and wood floated to
a uniform surface as shown in. the details. The top of the concrete shall be imprinted to
create a running bond brick effect on the surface. This 6 inches of concrete shall be
placed in one lift.
32 Contraction joints shall be made with a pointed trowel cutting completely through the
concrete prior to imprinting. Contraction joint line shall be neatly cut.along Bond lines of
running bond brick.
3.3. While the concrete is in the plastic stage of set, the forming tools shall be applied to .
make the running bond brick patterned surface. The running bond brick surfacing shall
have the bond lines oriented - across the short dimension of the concrete.
3.4. A test sample of the running bond brick concrete imprint pattern shall be prepared for
approval by the Engineer prior to installation along.the trail.
4. Basis of Payment
4.1. "Concrete Class 4713-3500 Imprinted Surfacing" shall be measured and paid for.by the
square yard. The quantity for the 6" Concrete Class 4713 -3500 imprinted surfacing shall
be for the full 6 inch. depth. This shall be full compensation for all labor, equipment
materials and incidental work for construction of 6" Concrete Class 4713-3500 imprinted
surfacing in accordance with the plans and specifications.
_103-
Project No. ENH- 89(30)
ADJUST UTILITY TO GRADE
1. Manhole adjustment -
1.1. Excavate to allow for removal of ring and cover.
1.2. Remove existing mortar bed.
1.3. For lower grade, remove sufficient course of manhole riser or wall to allow for
conformance to grade in plans.
1.4. For higher grade, install sufficient precast concrete adjustment rings with mortar to allow
for conformance to grade in plans.
1.5. Seal all joints inside and outside with mortar.
1.6. Lay grout bed to set ring and cover to no more than flush with pavement grade,
preferably % inch below pavement grade, and finish around ring and. cover.
-1.7. Backfill with proper compaction around the ring and cover if it is in a turf area.
1.8. Changes of grade lowering by more than 6 inches or raising more than 12 inches shall
be completed under the pay item "Reconstruct Manhole"
1.9. Re -use all ring. and covers for this work.
2. Curb stop and valve box adjustment
2.1. Excavate to allow for adjustment of curb stop or valve box.
2.2: Set curb stop or valve box to no more than flush with pavement grade, preferably Y4
inch below pavement grade,. and finish around them.
2.3. Place a piece of PVC pipe or approved equal around the curb stop so no concrete can
get under the curb stop.
2.4. Backfill with proper compaction around the curb stop or valve box if it is in a turf area.
3. Vault adjustment
3.1. Excavate to allow for adjustment of vault.
3.2. If plan grade interferes with contents of the vault, the vault will be adjusted by others.
3.3. Set vault to no more than flush with pavement grade preferably'/ inch below pavement
grade, and finish around vault.
3.4. Backfill with proper compaction around the vault if it is in a turf area.
4: Basis of Payment -
4.1. Adjust utility to grade shall be paid for at the unit price bid per each for the pay
item "Adjust To Grade." This shall be full compensation for all labor, equipment,
material, concrete adjustment unclassified excavation, backfill, compaction and
incidental items for adjusting utilities to grade accordance with the plans and
specifications.
BIKEWAY HANDRAIL
The bikeway handrail shall be constructed as per the plan details and installed in the locations
shown on the plans. Shop drawing shall be submitted for this item - to confirm construction will
meet plans and specifications. The shop drawings shall show how the railing is attached to the
modular block retaining wall.
Bikeway Handrail shall be measured and paid for on a per foot basis for the item "Bikeway
Handrail" and shall include all labor materials, equipment, maintenance and incidental items for
. construction in accordance with the. plans and specifications.
-104-
Project No. ENH- 89(30)
SEEDING
Subsection 803.02 in the Standard Specifications is amended to include the following:
Type "A"
Minimum
Purity
Broadcast
Application Rate in
lb. of Pure Live
Seed /Acre
Approved
Mechanical Drill
Application' Rate in
lb. of Pure Live
Seed /Acre
Blue fine fescue
85
6.4
Hard fine fescue
85
6.4
Sheep fescue
85
6.4
Blue grama
30
3.2
Sideoats grarna
75
4.8
Little bluestem
60
4.8
All seeds shall be origin Nebraska, adjoining states, or as specified. A contractor proposing to
use a substitute variety or origin shall submit for the Engineer's consideration a seed tag
representing the seed, which shows the variety, origin and analysis of the seed.
Rate of application of commercial inorganic fertilizer shall be:
i
Rate of application of granular sulphur coated -urea fertilizer shall be:
Nitrogen (Total Available) 0 lbs.
The contractor may, at his option, apply granular urea formaldehyde in lieu of the sulphur
coated urea fertilizer at the following rate:
Nitrogen (Total Available) 0 1 bs.
Rate of Application per
Acre (Minimum)
Available. Nitrogen (N2)
19 or 36 lbs.
Available Phosphoric Acid (P2O5)
92 or 96 lbs.
i
Rate of application of granular sulphur coated -urea fertilizer shall be:
Nitrogen (Total Available) 0 lbs.
The contractor may, at his option, apply granular urea formaldehyde in lieu of the sulphur
coated urea fertilizer at the following rate:
Nitrogen (Total Available) 0 1 bs.
Project No. ENH- 89(30)
EROSION CONTROL
Subsection 807.01 in the Standard Specifications is void and superseded by the following
This work shall consist of the preparation of slopes and waterways and the furnishing
and application of soil retention blankets at the locations shown in the plans.
Paragraphs 2., 2.a., 2.b. and 2.c. of Subsection 807.02 are void and superseded by the
following:
Wire staples shall be used for anchoring the soil retention blanket. The staples shall be
a minimum of 1.3 gauge U- shaped steel wire with a 1 inch or larger throat -with at least
6 inch long legs.
Paragraph 5. of Subsection 807.02 is void.
Subsection 807.02 is amended to include the following:
Erosion Control
Minimum
Purity ( %)
Application rate
in lb. of Pure Live
Seed /1000 yd.
Perennial r e rass — Linn
85
1.5
Western wheat rass.= Barton, Flintlock
85
1.5
Canada wild rye — Mandan, native
85
.1.25
Slender wheatgrass
85
1.25
Kentucky fescue
85
0.75
Little bluestem - Aldous, Blaze, Camper
.60
0.5
Buffalograss — NE, KS, SID, Co, MN
80
1.25
Oats (wheat in the fall)
90
5
All seeds shall be origin Nebraska, adjoining . states, or as specified. A Contractor proposing to
use a substitute variety or origin shall submit for the Engineer's consideration a seed tag
representing the seed, which shows the variety, origin and analysis of the seed.
Rate of application of inorganic fertilizer shall be:
Rate of Application
Per 1000 yd. (Min.)
Available Nitrogen (N 2 ) --------- - - - =-- ----------- - - - - --
4 or 9 lb.
Available Phosphoric Acid (P205) -------------- - - - - --
23 or 24 lb.
Project No. ENH- 89(30)
Rate of application of granular sulphur coated urea fertilizer or urea - formaldehyde fertilizer shall
be:
4
Paragraph 6.c. of Subsection 807.03 is void.
Paragraphs 7.a.i. - and 7.a.ii. of Subsection 807.03 are void.
Paragraph 8. of Subsection 807.03 is void.
Paragraph 1. of Subsection 807.05 is amended to include the following:
Pay Item Pay Unit
Erosion Control, Class Square Yard (SY)
i
COVERCROP SEEDING
Subsection 812.0.1
Paragraph 2 is void and superseded by the following:
Cover crop seeding shall be applied to any disturbed area requiring erosion protection. It is
intended to be used in staged construction . areas, surcharge areas, or other disturbed.areas that
have not been permanently seeded.
Subsection 812.02
Paragraph 4 is void.
Subsection 812.04 is void and superseded by the following:
Subsection 812.04
1. Cover crop seeding is measured by the acre of ground surfa seeded. The areas
will be calculated from surface measurements of the length and width.± 1 yard -
(+ 900 mm).
INLET PROTECTION
i
i
Description
This work shall consist of installing, maintaining, and removing manufactured or site constructed
curb inlet and area inlet protection devices at locations shown.on the plans,. temporary erosion
control plans, or as directed by the Engineer.
I
I
- 1.07
Rate of Application
Per 1000 yd. (Min.)
Nitrogen (Total Available) ------------------------ - - - - --
1 0 lb.
4
Paragraph 6.c. of Subsection 807.03 is void.
Paragraphs 7.a.i. - and 7.a.ii. of Subsection 807.03 are void.
Paragraph 8. of Subsection 807.03 is void.
Paragraph 1. of Subsection 807.05 is amended to include the following:
Pay Item Pay Unit
Erosion Control, Class Square Yard (SY)
i
COVERCROP SEEDING
Subsection 812.0.1
Paragraph 2 is void and superseded by the following:
Cover crop seeding shall be applied to any disturbed area requiring erosion protection. It is
intended to be used in staged construction . areas, surcharge areas, or other disturbed.areas that
have not been permanently seeded.
Subsection 812.02
Paragraph 4 is void.
Subsection 812.04 is void and superseded by the following:
Subsection 812.04
1. Cover crop seeding is measured by the acre of ground surfa seeded. The areas
will be calculated from surface measurements of the length and width.± 1 yard -
(+ 900 mm).
INLET PROTECTION
i
i
Description
This work shall consist of installing, maintaining, and removing manufactured or site constructed
curb inlet and area inlet protection devices at locations shown.on the plans,. temporary erosion
control plans, or as directed by the Engineer.
I
I
- 1.07
Project No. ENH- 89(30)
Material Requirements
1. Inlet protection devices shall be constructed as shown in the plans.
2. Manufactured inlet protection devices shall be selected from the NDOR Approved
Products List.
Construction Methods
1. Inlet protection shall be manufactured or site constructer} devices.
a. Inlet protection shall be the type shown on the plans, temporary erosion control
plans, or approved by the Engineer.
b. Approved manufactured products shall be installed as per manufacturer's
recommendations. The Engineer shall be given a copy-of the instructions before
installation.
C. Site constructed protection shall be approved by the Engineer.
d. Inlet protection devices shall be installed in a manner to prevent ponding of
stormwater on the roadway.
2. Inlet protection devices shall be maintained, repaired, and repositioned to provide
effective protection.
a. The Contractor shall remove and dispose of sediment that accumulates near the
inlet protection device when it is at 50% capacity on closed roadways.
b. The Contractor shall remove and dispose of all sediment from the roadway within
24 hours of the end of a storm event on roadways open to traffic.
3. Inlet protection devices shall be removed at the completion of the project, or when the
Engineer determines it is no longer effective, or as directed by the Engineer.
Method of Measurement
1. Area Inlet Protection will be measured based on each location installed.
2. Curb Inlet Protection will be measured based on each location installed.
3. Silt removal will be measured based on equipment rental.
4. Maintenance, repair, repositioning and any handwork required. in the maintenance
operation of an inlet protection device to a good working condition will not be measured
for payment, but will be considered subsidiary to the appropriate inlet protection item.
5. Removal of inlet protection devices shall be subsidiary to the installation of the item. Inlet -
protection devices shall remain the property of the Contractor.
".1
Project No. ENH- 89(30)
Basis of Payment
1. Pay Item Pay Unit
Area Inlet Sediment Filter Each
Curb Inlet Sediment Filter Each
Rental of Skid Loader, Fully Operated Hour
Rental of Loader, Fully Operated Hour
Rental of Crawler Mounted Hydraulic Excavator,
Fully Operated Hour
Rental of Dump Truck, Fully Operated Hour
2. Payment will not be made for individual components of the device installed.
3. Payment is full compensation for all work prescribed in this Section.
SILT CHECKS
Description
1. This work shall consist of furnishing and placing silt check devices at the
locations shown in the plans, Temporary Erosion Control Plans or as directed by
the Engineer. Bale Checks shall not be allowed.
2. There are two separate and distinct types of silt checks.
a. Silt Checks are placed as shown in the plans or as directed by the
Engineer after final grading is complete in conjunction with -the final
stabilization.
b. Temporary Silt Checks are placed as shown in the Temporary Erosion
Control plans or as directed by the Engineer throughout the construction
process.
Material Requirements
1. Approved silt check devices are - listed in and shall be selected from the Approved
Products List.
a. Silt Checks used for final stabilization shall be the type shown in -the plans
and selected from the Approved Products List.
b. Temporary Silt Checks may be any product listed on the Approved
Products List. The following chart shall be used to determine the
appropriate application of Temporary Silt Checks during construction.
Project No. ENH- 89(30)
Type
Material
Ditch
Uses /Locations
Silt Check Detail Sheet.
Grade
Methods
1 —Low
9 " Diameter
< 2 %
Medians, Slopes and
--------------
Straw Wattle
Urban Ditches
1 - High
12" Diameter
< 2 %
Wetlands, Stream
Straw Wattle
Banks, Slopes and
Engineer.
Rural Ditches
2 — Low
9" Diameter
All
Medians and
------ - - - - --
Wood Fiber Wattle
- - -- ---------------------------------------
Urban /Rural Ditches
2 - High
12" Diameter
All
Wetlands, Stream
Wood Fiber Wattle
Banks, and Rural
Method of Measurement
1.
All work involved in constructing silt checks as described above will be included
Ditches
3 — Low
9" Diameter
All
Slopes, and Rural
------- - - - - --
Coir Wattle
----------------- - - - - -- -
-
Ditches
3—High
>12" Diameter
- --- - - - --
All
---------------------------------
Wetlands, Stream
Coir Wattle
Banks, Slopes and
Rural Ditches
4
Synthetic
All
Urban Ditches
2.
All silt check devices have unique staking or pinning requirements based upon
the BMP and its use. The hold down stakes and pins shall be as shown on the
Silt Check Detail Sheet.
Construction
Methods
1.
The silt checks shall be placed as shown in.the plans or as directed by the
Engineer and secured in accordance with the plans.
2.
The limits of the completed silt check shall extend up the foreslope and
backslope of the ditch to effectively contain the run -off and prevent erosion and
washout at the edges of the installation as shown on the Silt Check Detail Sheet.
3.
Temporary Silt Checks
a. The "Temporary Silt Checks" shall be installed at the locations shown in
the plans, Temporary. Erosion Control Plan and as directed by the
Engineer.
b. The "Temporary Silt Checks" shall be installed immediately after the
rough grading.is� completed in an area.
C. The "Temporary Silt Check" be left in place until the finish grading
,shall
begins. Reinstall the "Temporary Silt Checks" as soon as finish grading is
done unless the permanent erosion control is initiated immediately after
finish grading. "Temporary Silt Checks" should be in place at all times
after finish grading until permanent "Silt Check," are in place..
d. The Temporary Silt Check shall be removed- and remain the property of
the Contractor when it is no longer functional or needed.
Method of Measurement
1.
All work involved in constructing silt checks as described above will be included
and paid- for per linear feet of devices used in the silt checks.
110-
Project No. ENH- 89(30)
2. "Temporary Silt Checks" shall be measured by the linear foot (meter) for the
initial installation. The removing or replacing of the temporary silt checks will not
be measured for payment, but will be considered subsidiary to the initial
installation.
3. Removal of sediment will be measured based on equipment rental. All
incidentals associated with the cleanout shall be subsidiary to the equipment
rental items.
Basis of Payment
1. Pay Item Pay Unit
Silt Check, Type. Linear Foot
Temporary Silt Check Linear Foot
Rental of Skid Loader, Fully Operated Hour.
Rental of Loader, Fully Operated Hour
Rental of Crawler Mounted Hour
Hydraulic Excavator, Fully Operated
Rental of Dump Truck, Fully Operated Hour
Rental of backhoe, Fully Operated Hour .
2., Payment is full compensation for all work prescribed in this Section.
SILT FENCE.
Section 809 of the Standard Specifications is void and superseded with the following:
- Description
This work shall consist of installing the silt fence at locations shown in the plans and at locations
as approved or determined by the Engineer. The installation shall be in accordance with these
Specifications, the special provisions, and the plans.
Material Requirements
1. All silt fence material shall be selected from the NDR Approved Products List.
a. Low Porosity Silt Fence is typically used for perimeter control.
b. High Porosity Silt Fence is used for velocity control.
e. Low Profile Silt Fence is used for perimeter control and inlet protection
d. Coir Silt Fence is used for control of wetlands and locations
specified to use a biodegradable silt fence.
e. Temporary Silt Fence shall be any product from the silt fence category of
the Approved Products List with a use appropriate to the situation.
2. Silt Fence Posts
Project No. ENH- 89(30)
a. The silt fence posts shall be Studded "T Steel Posts with a minimum
weight of 1.25 Ibs /foot (37 Kg /m).
b. Used Studded "T Steel Posts are acceptable.
C. Coir Silt Fence shall be installed with wooden posts, derived from
hardwood tree species. The posts shall only be driven until firm.
3. Wire staples shall be used for anchoring the silt fence.
4. Silt Fence shall be attached to the posts with black zip ties. Zip ties shall be UV
stabilized, black with a 50 lb (22 - Kg) minimum tensile strength.
Construction. Methods
1. The silt fence shall be installed and in good working condition prior any grading
or excavation operations and as needed throughout the construction process.
The silt fence installation shall not exceed the amount required for the current
construction season.
2. Silt Fence may be installed in the ground by either of the two methods listed
below.
3.
a. Trenching Method
(i) The Contractor shall excavate a trench to the depth, width, and
length shown in the plans.
(ii) The Contractor shall place the silt fence in the trench and pin it as
shown in the plans.
(iii) The Contractor shall backfill the trench, compact the soil, and
attach the fabric to the posts as shown in the plans.
b. Slicing Method .
(i) The Contractor shall- install silt fence by mechanically slicing the
material into the soil.
(ii) The Contractor shall compact the soil and attach the fabric to the
posts as shown in . the plans.
Fabric Silt Fence installed in a wetland or below water conditions.
a. Trenching is not - required. Fold a 6 inch (150 mm) flap the
sediment source and pin as shown in the plans. Install the stakes as for a
dry installation. Attach the fabric to the posts with zip ties or other
approved methods and secure from slipping down the post. For a wetland
or below water installation, the sediment shall be left in place.
- 112
Project No. ENH- 89(30)
4. All silt fence splice joints shall be overlapped a minimum of 6 feet (1.8 m).
5. The Contractor shall remove sediment that accumulates near the silt fence
during - construction and dispose.it in an upland location.
a. Sediment removal shall be initiated when sediment depth has reached
one -half the height of the above ground portion of the silt fence or as
directed by the Engineer in conjunction with silt fence repairs. ,
b. Sediment shall be removed to approximately 6 inches (150 mm) from the
silt fence.
C. Each time sediment.is removed, the silt fence shall be repaired to a good
working condition: Good working condition includes fabric repair,
retrenching, post repair, tie replacement, and any associated hand work.
6. The Contractor shall maintain the silt fence in good working condition throughout
the life of the construction project. Upon completion of the project silt fence shall
remain . in place in good working condition, in locations specified in the plans or at
locations. specified by the Engineer.
a. Silt fence may be removed from locations during construction or upon
completion of the project as directed by the Engineer.
b. Silt fence that has. been determined to be unnecessary and is subject to
removal shall be cut off at ground level and shall remain the property of
the Contractor for disposal. Any accumulated sediment shall be removed
to an upland location.
C. Silt fence posts from removed fence shall remain the property of the
Contractor and may be reused on other installations.
d. Temporary Silt Fence shall be removed at the completion of the project or
when it is no longer functional.
Method of Measurement-
1. Fabric silt fence is measured by the length of the silt fence in linear feet (meter).
2. Removal of sediment from the silt fence will be measured based on equipment
rental.
3, All -silt fence repairs, such as fabric repair,. - tie replacement, retrenching,. and
splicing and associated handwork are subsidiary to the appropriate silt fence
item.
4. Removal of silt fence and all of its components is. subsidiary to the silt fence item.
Project No. ENH- 89(30)
Basis of Payment
1. Pay Item Pay Unit
Fabric Silt Fence "Low Porosity" Linear Foot (LF)
[Meter (m)]
Fabric Silt Fence "High Porosity" Linear Foot (LF)
[Meter (m)]
Fabric Silt Fence "Low Profile" Linear Foot (LF)
[Meter (m)]
Fabric Silt Fence "Coir Fiber" Linear Foot (LF)
[Meter (m)]
Temporary Silt Fence Linear Foot (LF)
[Meter (m)]
Rental of Skid Loader,. Fully Operated Hour (h)
Rental of Loader, Fully Operated Hour (h)
Rental of Dump Truck, Fully Operated Hour (h)
Rental of Crawler Mounted Hydraulic Hour (h)
Excavator, Fully Operated
2. Payment is full compensation for all work prescribed in this Section.
RECONSTRUCT MANHOLE
The contractor shall re -use the existing ring and cover for this work. If damage is noted to the
ring and /or cover prior to removal notify the Engineer. Any ring and /or covers damaged during
the removal process shall be replaced by the Contractor at no additional cost to the City of Blair
and NDOR - .
MANHOLE AT STATION 105 +87.6
The after removal of the area inlet, the contractor shall re -use the existing concrete base for this
work. A new -ring and cover shall be provided by the contractor for this location.
REMOVE AND RESET CHAIN LINK FENCE
The pay item ``Remove and Reset Chain Link Fence" shall be measured and paid for by the
linear <foot, and will.include removal.of the sections of the fence in conflict with the proposed
work, stored on site and then re- installation of the fence using the existing materials. The posts
shall be set in the same manner as the existing posts prior to .removal. Any materials damaged
during the - removal shall be replaced by the Contractor at no additional cost to the City or
NDOR.
PORTLAND CEMENT CONCRETE
(J -15 -0615)
Paragraph 1. ,of Subsection 1002.02 in the Standard Specifications is amended to include the
following:
- 114-
Project No. ENH- 89(30)
Concrete mixes will be in accordance of Table 1002.02.
Paragraph 3. of Subsection 1002.02 is void and superseded by the following:
3. Type IP and IT Interground /Blended cement shall be used for all classes of
concrete except for pavement repair. Type IP and IT Interground /Blended
cement shall meet all requirements of ASTM C 595. Pavement repair shall
include Type I /II Portland Cement for Class PR1 Concrete and Type III Portland
Cement shall be used in Class PR3 Concrete.
Tables 1002.02 and 1002.03 in Subsection 1002.02 are void and superseded by the following:
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Project No. ENH- 89(30)
Table 1002.03
Table of Acceptable Concrete Class Substitutions
Class Specified
Acceptable Class for Substitution
BX
4713, 47BD or 4713-HE
47B
47BD or 4713-HE
Paragraphs 5., 6., 7. 8., 9. and 10. of Subsection 1002.02 are void and superseded by the
following:
5. Class PR1 and PR3 Concrete:
a. The calcium chloride for use in PR concrete shall -be either:
(1) A commercially prepared solution with a concentration of
approximately 32 percent by weight.
(2) A Contractor prepared solution made by dissolving 4.5 pounds of
Grade 2 or 6.2 pounds of Grade 1 calcium chloride per gallon of
water to provide a solution of approximately 32 percent by weight.
b. The 7.4 pounds of water in each gallon of solution shall be considered
part of the total water per batch of concrete..
C. The calcium chloride solution shall be added, just prior to placement,.at a
rate of 0.375 gallons /100 pounds of cement (1.4 lb. calcium chloride per
100 lb. cement).
d. Class A, Flaked or Pellet Calcium Chloride shall be added at a rate not to
exceed 2.0 percent of the weight of the cement for Grade 1, or
1.6 percent of the weight of the cement for Grade 2. Grade 1 Calcium.
Chloride purity is between -70 and 90 percent and Grade 2 Calcium
Chloride is between 91 and 100 percent.
e. Where mixing trucks are used:
(1) For Class PR3 Concrete, calcium chloride shall be thoroughly
mixed into the concrete before placement. The minimum mixing
time is 2 minutes.
(2) For Class PR1 Concrete, calcium chloride shall be added first and
then the concrete. mixed.at least 2 minutes or as required by
manufacturer. Next, the Type F high range water- - reducer
admixture is added and the concrete is mixed an additional
5 minutes.
6: Class High Early (47B -HE) Concrete
a. High Early (47B -HE) concrete shall be cured as prescribed in
Subsection:603.03, Paragraph T The Contractor shall take necessary
curing measures so the required strength is achieved.
b, High Early concrete shall achieve a compressive strength of 3,500 psi at
48 hours after placement.
-117-
Project No. ENH- 89(30)
C. The 48 -hour compressive strengths shall be used to determine pay factor
deductions for high early concrete in accordance with Table 603.03.
d. A non - calcium chloride accelerator shall be used when the ambient
temperature at the time of the placement of concrete is 70 °F or less.
e. When requested by the Contractor, the maturity method, as provided in
NDR C 1074, may be used in lieu of the requirements of
Subsection 603.03, Paragraphs .11.c. and d. to determine the strength of
concrete pavement for the purpose of early opening to traffic and
acceptance. Requests by the Contractor for use of the maturity method
shall be on a project basis and shall be made in writing to the Engineer.
7. The yield of the concrete proportions shall be determined and adjusted by the
Producer.
8. All Classes of Concrete with the exception of PR1 and. PR3 shall have a
Durability Factor not less than 70 and a mass loss not greater than five
after 300 freeze /thaw cycles when tested in accordance with ASTM C 666. The
freeze /thaw testing shall be conducted according.to Procedure A.
Paragraphs 1. & 2. of Subsection 1002.03 are void and superseded by the following:.
1. The Contractor shall identify the plant that will supply the concrete 14 days
before use and be entirely responsible for its calibration, batching of concrete,
aggregate and sampling of cement per NDR Sampling Guide..
a. The Contractor shall be responsible for the following:
1)
2)
Batching concrete:
Contractor shall sample aggregate from -the conveyor belt or
stockpile. Gradations from a split sample.shall be tested in
accordance to Section 1033 and reported to the Engineer at the
frequency required by the Materials Sampling Guide.
i. Contractor shall retain possession of the split samples on-
site at the Contractor's facility until :such a time as
determined by the Engineer.
a. At the pre- construction meeting:
1) Contractor shall determine the location of
testing and report the names.of the
technician.performing the sampling and
testing.
2) Engineer will notify the Contractor of the
retrieval of the split samples.
ii. The Contractor shall split the sample, place the.
Department's split sample into a cloth bag and immediately
seal the split sample with the provided security seal. The
cloth sample bag shall be supplied by the-Department.
Hi. The sampling splitting and placement of the security seal
of aggregate samples shall be witnessed by certified
Department personnel.
Project No. ENH- 89(30)
iv. Contractor shall secure the split sample using a
consecutively numbered security seal of 75 pounds
breaking strength provided by the Department. The
Contractor shall use the consecutively numbered security
seals to identify and track each Aggregate Class. Samples
that are not consecutively numbered will be investigated
for custody of the sample and the Engineer may cease
production until it is determined what action will be
required.
a. The Contractor shall report the security seal
tracking number with the split sample gradation.
b. The following training shall be required for
personnel who o_ versee the batching of the
concrete:
1) Concrete Technician Personnel
i. Concrete Plant Technician
2) Portland Cement Sampler
i. NDR Portland Cement Sampler
2. Portland Cement Concrete shall be supplied by certified Ready Mix Plants that
are in compliance with the requirements in the Quality Control Manual, Section 3,
-- Certification of Ready Mixed Concrete Production Facilities published by the
National Ready Mixed Concrete Association. Refer to NDR Material Sampling
Guide for the policy on stationary and portable plants.
Paragraph 4. of Subsection 1002.03 is void and superseded by the following: .
4. a. Mix times shall meet the requirements of ASTM C Mixing time tests
shall be repeated whenever the concrete appearance indicates that
mixing.was inadequate..
b. Batch plants that are transporting the concrete in non - agitating trucks, the
mixing time will not be less than 60 seconds, and for agitating trucks, the
mixing time will not. be less than 45 seconds.
C. The Certification of stationary and portable ready mix plants will conform
to the tests that are required in the NDR Materials Sampling Guide.
Paragraph 6. of Subsection 1002.03 is void and superseded by the following:
6, Batch tickets shall be prepared as prescribed in the National Ready Mixed
Concrete Association's Quality Control Manual. - The Contractor shall keep .all .
gradations and batch.tickets until final acceptance by the Department.. Projects
that have less than 200 cubic yards of concrete placed. will be allowed to have
hand - written tickets. For. projects greater than 200 cubic yards, hand written
tickets will be at the E rig ineer's The concrete batch tickets shall show
batch weights, aggregate moisture (shall be tested daily and moisture probes are
allowed), admixtures used, water, and mix design calculations. A copy of the .
batch ticket shall be given to the Engineer upon delivery of
_11.9,_
Project No. ENH- 89(30)
Paragraph 8. of Subsection 1002.03 is void and superseded by the following:
8. Coarse aggregate and aggregate from a dry pit shall be uniformly saturated with
water before it is used. The wetting shall begin 24 hours prior to the concrete
mixing to allow complete saturation.
Paragraph 13.a. of Subsection 1002.03 is void and superseded by the following:
13. a. The quantity of water shall be determined by the Contractor. The minimum
quantity of water should be used which will produce required workability. Any
additional water used to rinse the charging hopper and fins after the batching of
concrete is allowed. This water must be estimated and recorded on the batch
ticket.
Subsection 1002.04 is void and superseded by the following:
1. Class 47B Concrete Mix Design Submittal:
a. The Contractor shall submit the Concrete Mix Design Worksheet
consisting of design mix proportions, testing of mix design from a
minimum of 4 cubic yards and aggregate data for 47B class of concrete
being placed on the project.
(1) All testing must be performed by a qualified laboratory found on
the NDR's Material and Research website, under the Nebraska
Qualified Consultant & LPA Laboratories and submitted to the
Engineer.
(2) The Concrete Mix Design shall be submitted.to the Engineer
4 weeks prior to any concrete being placed on the project.
(3) The Concrete Mix Design shall not be. paid for directly by the
Department and shall be subsidiary to items which direct payment
is made.
(4) Concrete shall not be placed on the project before the Concrete
Mix Design Worksheet has been reviewed and.approved by the
Engineer:
b. The Contractor shall submit the Concrete Mix Design Worksheet to the
Engineer. Email submissions are preferred but will be accepted by fax or
postal mail.
(1) Contractor's Mix Design Worksheet can be found on the Materials
and Research website. The submitted Mix Design Worksheet
shall include the following:
• Contractor Name
•
Project
Date
• Location of ready mix or central mix plant
• Date submitted
• Signature of Contractor representative
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Project No. ENH- 89(30)
(2) Material Source Information.
® Cement Manufacturer
® Type of Interground /Blended Cement
Type of Admixtures
• Aggregate Pit and Quarry location
(3) Specific Gravity of each individual aggregate source.
(4) Sand Equivalent for dry pit sand - gravel aggregate.
(5) Combined Aggregate percent passing as described on
Table 1033.03C.
(6) Contractor's Target combined aggregate gradation percent
passing.
(i) The Contractor's required worksheet can be found on the
Materials and Research website.
(7) Testing of Mix Design:
The mix design shall show the weights of all ingredients
including Interground /Blended cements, aggregates,
water, admixtures types and water cement ratio.
Temperature of concrete at time of
sampling, ASTM C 1064.
• The air content of plastic concrete,
ASTM C 231.
Weight per cubic foot, Yield, ASTM C 138.
The relative Yield shall be a minimum of
97 %.
Compressive strength shall be performed
with a minimum of three averaged
specimens at 7 -day and 28 -day,
ASTM C 39_ The minimum 28 -day
compressive strength shall be 3500 psi.
(8) Traditional 47B Mix Design is defined as an IP(25) cement,
-70 percent Class B Aggregate and 30 percent Class E Aggregate
may. be exempt from the concrete testing described in
Paragraph 1.(b) All other requirements shall be included in the
Concrete Mix Design Report. -
C. The PCC Engineer will notify the Contractor of the mix design approval
for Class 47B Concrete. Approval of the mix design does not alleviate the
Contractor of the responsibility_ of the in -place concrete. The Contractor
may adjust admixtures, water cement ratio, vibrator frequency, etc., as
needed in accordance to the specifications. .
d. The Contractor shall submit a new concrete mix design worksheet
meeting the above requirements when a change occurs in the source,
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Project No. ENH- 89(30)
type. , or proportions of cements or aggregates; unless otherwise approved
by the Engineer.
2. The quantity of water to be used shall be determined by the Contractor. It shall
not be varied without the Engineer's consent.
3. If the concrete mixture is excessively wet causing segregation, excessive
bleeding, excessively dry or any other undesirable condition, the concrete shall
be rejected. At the option of the Engineer, slump tests may be performed to
determine the consistency.
4. Concrete which has developed initial set before it is consolidated and finished
shall be rejected.
5. a. If false set is encountered, the batching operation shall be stopped until
the problem is resolved.
b. Each batch must be mixed or agitated for at least 3 additional minutes
after observing the false set and the concrete must be of satisfactory
consistency.
6. Compressive strength tests shall be made in accordance with ASTM C 39.
7. Concrete shall be sampled as prescribed in the NDR Materials Sampling Guide.
Samples shall be taken at the point of placement, never before the discharge
from the last conveyance.
8. Aggregate Acceptance; Verification, Sampling and Testing:
a. The aggregate will be accepted based on the Contractor's testing results
except as noted below.
b. The aggregate verification sampling and testing by the Department will be
randomly selected and tested according to sublot sizes in Table 1002.05.
Table 1002.05
Aggregate Class
Lot
Sublot
E and F
3000 tons
1000 tons
A,B and C
6000 tons
2000 tons
R
3000 tons
1000 tons
C. The results of Contractor split _sample .will be verified by the Department's
verification tests. Any samples outside of the tolerances as specified
according to the Materials Sampling .Guide, Section 28 under the
Acceptable Tolerance. Limits for Independent Assurance will result in an
Independent Assurance (IA) review of testing and may result in the
Department test results being applied:
d. - On any given. Lot, if -the results of the gradation from the verification test
are Department's specification, the Contractor's results will be used
for the entire lot. On any given Lot, if the gradations results from the
- 122 -
Project No. ENH- 89(30)
verification test are outside Department's specification, further
investigation will be,initiated by the Engineer for that sublot. Any or all of
the remaining Department sublot samples may be tested and the
Department sublot test. results may be applied to the respective sublot
and the acceptance will apply.
e. When verification tests are within testing tolerance but results show a
consistent pattern of deviation from the split sample results, the Engineer
will exercise one or more of the following:
- Cease production.
- Request additional verification testing.
- Initiate a complete IA review.
f. Independent Assurance.(IA) Review of Testing:
1) The Contractor shall allow the Department personnel access to
the Contractors' laboratory to conduct IA review of the technician
testing procedures and apparatus. Any deficiencies discovered in
the Contractor's testing procedures will be reported to the
Contractor and corrected by the Contractor.
2) During the IA review, the Department personnel and-the
Contractor shall split a sample for the purpose of IA testing. The
samples selected will be tested in the Department's Branch
Laboratory. Any IA test results found to be outside of defined -
testing tolerances as stated in Paragraph 8.c. of
Subsection 1002.04 will be reported to the Contractor: The
Contractor shall immediately correct any deficiencies found during
the - IA review.
3) If the project. personnel and the - Contractor cannot reach
agreement on the accuracy of the test results, the Department
Central Laboratory will be asked to resolve the dispute, which. will
be final. All dispute resolutions will be in accordance with the
Quality Assurance Program requirements in the NDR's Materials.
Sampling Guide.
PORTLAND AND INTERGROUND /BLENDED CEMENT
(J -15- 0214).
Section 1004 in the Standard - Specifications is void and superseded by.the following:
1004.01 Description
1. Portland. cement is the. binder in concrete, locking the aggregate into a.solid structure. It
is manufactured from Lime, Silica, and Alumina (with a small amount of plaster of
Gypsum).
2. Equivalent.alkali referred to herein is hereby defined as the sum of the Sodium Oxide
.(Na and the Potassium Oxide calculated as Equivalent Alkali Na = Na
0.658 K20.
123 -
Project No. ENH- 89(30)
3. Interground and Blended cements consist of intimate and uniform intergrinding or
blending of Portland cement clinker, Slag cement, Pozzolan and /or Limestone.
1004.02 — Material Characteristics
1. Type I, Type II, Type 1 /II and Type III Portland cement shall conform to the requirements
in ASTM C 150 with -the following additional requirements:
a. Portland cement shall -not contain more than 0.60 percent equivalent alkali. -
b. Processing additions may be used in the manufacture of the cement, provided
such materials have been shown to meet the requirements of ASTM C 465 and
the total amount does not exceed 1 percent of the weight of Portland cement
clinker.
2. Interground and Blended Cement shall conform to the requirements in ASTM C 595 with
the following additional requirements:
a. Interground /Blended cement (Type IP)
(1) For Type IP(25) shall be composed of Class F fly ash or Class N
pozzolan replacement shall be 25% ± 2 %.
(2) For Type IP(20) shall be composed of Class F fly ash or Class N
pozzolan replacement shall be 20% + 2%.
b. Interground /Blended cement (Type IT)
(1) For SCMs, Slag cement and Limestone, the maximum. replacement by
weight shall be 40 %. The manufacturer has a production tolerance
of ±.2% from the proposed replacement.
(2) For Slag Cement, the maximum replacement shall be 20% or less when.
incorporated into the final Interground /Blended cement.
-(3) For _Limestone cement, the replacement range shall be from 5.1 % to
: 10.0 % when incorporated into the final Interground /Blended cement.
C. No additional SCMs, Slag. cement and Limestone will be added at the batch
plant. -
1004.03 — Procedures
1. The Contractor shall provide adequate protection for the Portland and
Interground /Blended cement against dampness.
a. Portland and Interground /Blended cement shall be hauled or stored in railroad
cars, dry bulk trailers or in suitable moisture -proof buildings.
The use of tarpaulins for the protection of the Portland and Interground /Blended
cement against moisture will. not be allowed. -
- 124
Project No. ENH- 89(30)
2. No Portland and Interground /Blended cement which has become caked or lumpy shall
be used.
3. Portland and Interground /Blended cement which has been. spilled shall not be used.
4. Accepted Portland and Interground /Blended cement which has been held in storage at
the concrete mix plant more than 90 days shall be retested.
5. Portland and lnterground /Blended cement coming directly from the manufacturer shall
not be used until the temperature is 150 °F or less.
6. Portland cement having false set when tested in accordance with in ASTM C 150 will not
be used.
1004.04 — Acceptance Requirements
1. For Department projects, Portland and Interground /Blended cements must be on the
NDR Approved_ Product List (APL).
2. The Contractor shall submit any new Portland and Interground /Blended cements to the
Engineer to be approved for the APL with the following:
a. Material source information:
1) Mill Location
2) Type of Portland and Interground /Blended cements
3) Grinding Period
4) Associated Manufacture Product Name
5) Provide source and type of each SCMs and /or Slag Cement used for final
product.
(i) The Department will allow the use of ASTM C 1697:
a. When two or, more SCMs and /or Slag Cement are pre -
blended, the Contractor shall report chemical composition
analysis of the final blend.
b. The final blend shall be reported as per ASTM _C 1697,
Paragraph 4.
6) Portland cement shall conform to ASTM . 0 150.
7)_ Interground /blended cements shall. conform to ASTM C 595.
8) Provide total cementitious materials replacement per ASTM C 595.
9) Report test results per ASTM C 1567 at 28 -days.
-125-
Project No. ENH- 89(30)
3. Alkali Silica Reaction Requirements and Testing:
a. Interground /Blended cernent shall be tested according to the provisions of
ASTM C 1567.
(1) The mortar bars shall be. composed of Type IP or IT Interground /blended
cement and sand and gravel from an approved Platte River Valley-
Saunders County source.
i. When Elkhorn River- Madison County source or an out of state
aggregate source and type IP(20) or IT cement is being used on a
project, the Elkhorn River or an out of state aggregate source shall
be used in lieu of the Platte River Valley- Saunders County.source.
ii. When Contractor proposes a change of aggregate source, then
the new aggregate source shall be tested by ASTM C 1567.
(2) The mortar bars for the ASTM C 1567 shall not exceed 0.10% expansion
at 28 days.
i. To accommodate precision within multi - laboratory testing,
expansion up to and including 0.13% will be accepted -for use. If
the expansion is above 0.13 %, the material is noncompliant. If
tolerance problems are not corrected within 30 days following
notification, the Interground /blended cement in question will be
removed from the NDR's APL.
4. Portland and Interground /Blended cements will be placed on NDR's APL based on the .
conformance with the NDR's Acceptance Policy Portland and Interground /Blended
Cements.
1004.05 - Sampling and Testing Requirements
1: All Portland and Interground %Blended cements shall be sampled and tested at the rate
as described in the NDR's Materials Sampling Guide.
a. The Department will inform the Contractor when a sample is required:
b. A sample shall be taken by a Contractor's Certified Portland Cement Sampler
and must be .under the supervision of Department certified personnel.
C. The sample shall be taken at the plant from a bulk shipment of a rail .car, dry bulk
trailer, batch plant silo or from the line between the bulk truck and the silo. Upon
sampling, the Department will take immediate custody of the sample.
Cl. When Elkhorn River aggregate- Madison County source. or an out of state
aggregate source and type IP(20) or IT cement is being used on a project, the .
Elkhorn River or an.out of state aggregate source shall be used in lieu -of the
Platte. River Valley aggregate source.
2. Noncompliant material from the mill, terminal or project will be temporarily remove_ d from
the Approved Products List pending further investigation.
-126-
Project No. ENH- 89(30)
3_ If the noncompliant Portland or Interground /Blended cement is removed from the
Approval Products List, all shipments from the supplier will be held until the investigation
of the failing samples have been completed by the NDR Materials and Research
Division. These procedures shall be in accordance with this provision.
WATER FOR CONCRETE
(J -15 -0214)
Section 1005 in the Standard Specifications is void and superseded by the following:
1005.01 — Description
1. Water shall be free from objectionable quantities of oil, acid, alkali, salt, organic matter,
or other deleterious materials and shall not be used until the source of supply has been
approved.
2. Wash water from the mixer washout may be - used only with the Engineer's approval.
Use of wash water will be discontinued if undesirable reaction with admixtures or
aggregates occurs.
1005.02 — Material Characteristics
1. Water which contains more than 0.25 percent total solids by weight shall not be used.
2. When required by the Engineer, the quality of mixing water shall be determined by
NDR C 114, NDR T 290, NDR D 512, NDR C 1602, ASTM C 31, ASTM C 109,
ASTM C 191, and ASTM C 1603.
3. Upon written request by the concrete producer and approval by Materials and Research,
the concrete producer may utilize up to 10 % wash water for batching all classes of
concrete with the following conditions:
a. Wash water shall conform to the requirements in NDR's Material Sampling Guide
under Policy for Certification of Ready Mix Plants.
b. Wash water must be clarified wash water that has been passed through a settling
pond system.
c. Wash water must- be scalped off of a settling basin that has been undisturbed for
a minimum of 12 hours.
d. Wash water must be metered into each load.
e. Wash water quantities shall be shown on the batch ticket.
CALCIUM CHLORIDE
(J -15- 0214)
Section 1006 of the .Standard Specifications is void and superseded. by the following:
-127-
Project No. ENH- 89(30)
1006.01 — Description
Calcium Chloride shall be Type S (Solid) or Type L (Liquid). Calcium Chloride can be used for;
but not limited to, dust control and acceleration of the set of concrete.
1006.02 — Material Characteristics
The requirements for calcium chloride shall be tested in accordance with ASTM D 98
1006.03 — Acceptance Requirements
Acceptance shall be based on requirements contained in the NDR Materials Sampling Guide
SECTION 1007 -- CHEMICAL ADMIXTURES
(J -15 -0214)
Section 1007 in the Standard Specifications is void and superseded by the following:
1007.01 -- Description
1. Admixtures are materials added to Portland cement concrete to change characteristics
such as workability, strength, permeability, freezing point, and curing.
2. The Department's concrete admixture types are
a. Type A - Water- Reducing Admixture - An admixture that reduces the quantity of
mixing water required to produce concrete of a given slump.
b. Type B - Retarding Admixture - An admixture that slows the setting of concrete.
C. Type C - Accelerating Admixture- An admixture that speeds the setting and early
strength development of concrete.
d. Type D - Water - Reducing and Retard ing.Admixture - An admixture that reduces
the quantity of mixing water required to produce concrete of a given slump and
slows the setting of concrete.
e. Type E - Water- Reducing and Accelerating Admixture - An admixture that
reduces the quantity of mixing water required to produce concrete of a.given
slump and speeds the setting and early strength development of concrete. • -
f. Type F - Water- Reducing, High Range Admixture - An admixture that reduces
the quantity- of mixing water required to produce concrete of a given slump by
12 percent or greater.
g. Type G - Water - Reducing, High Range and Retarding Admixture - An admixture
that reduces the - quantity of mixing water required to. produce concrete of a given
slump by 12 percent or greater and slows the setting of concrete.
h. Air- Entraining - An admixture that encapsulates air in the concrete.
-128-
Project No. ENH- 89(30)
i_ Lithium Nitrate — An admixture used .to control the Akali Silica Reaction (ASR) in
concrete.
1007.02 -- Material Characteristics
1. Type A through G admixtures shall meet the requirements in ASTM C 494.
2. Air - entraining admixtures shall meet the requirements in ASTM C 260.
3. Use of admixtures other.than those cited may be requested by the Contractor.
4. Admixtures shall not contain more than 1 percent of chlorides calculated as calcium
chloride unless specified otherwise in the Specification.
5. Admixtures shall be used at the manufacturer's recommended dosage rates.
6. The air - entraining admixture characteristics shall produce concrete with satisfactory
workability and total air content as . prescribed in Table 1002.02.
7. a. When using the Lithium Nitrate admixture, the Contractor shall submit to the
Engineer-
(i) A five pound sample of Portland cement that will be used on the project.
(ii) The Manufacturer's method for determining the recommendation for the
required dose rate based on the equivalent alkali content.
(iii) Water content of the Lithium Nitrate admixture solution.
b. The Engineer will report the equivalent alkali content to the Contractor. The
Contractor shall use the reported equivalent alkali content to determine the
required dose rate based on the manufacturer's recommendation
1007.03 -- Procedures
1. The process for adding admixtures to a ready mix truck on the project site involves_
positioning the load of concrete up to the truck chute, stopping short of discharge.
a. The admixture is then poured over the surface of the concrete and mixed for at
least 5 minutes..
b. No more than 1.3 -gallons of water shall be used to rinse the admixture from.the
fins and top chute. This water must be shown on the proportioning report and
shall not exceed the water cement ratio.
C. When Lithium Nitrate is used, the portion of the admixture that is water will be
shown on the proportioning report and shall not exceed the water - cement ratio.
d. The Contractor is responsible for the addition of the admixture.
2. a. If the air content is less than the minimum specified, addition of air - entraining
admixtures is allowed.
1 °29
Project No. ENH- 89(30)
b. The Contractor shall take measures based on manufacturer's recommendations,
that are within compliance of NDR Specifications, to bring the load of concrete
into NDR prescribed limits according to Table 1002.02.
C. If the air content is then outside the limits in Table 1002.02, the load of concrete
shall be rejected.
1007.04 -- Acceptance Requirements
1. a. Approved chemical admixtures are shown on the NDR Approved Products List.
b. Admixture approval shall be based upon annual certifications and certified test
results submitted to the NDR Materials and Research Division.
2. The admixture must be essentially identical in concentration, composition, and
performance to the admixture tested for certification.
3. Admixtures not identified on the NDR Approved Products List may be used under the
following conditions:
a. A certificate of compliance and certified test results must be submitted to the
NDR Materials and Research Division and approval for use must be given by the
NDR Materials and Research Division.
SILICA FUME
(J -15 -0307)
Paragraph.2 of Subsection 1009.03 in the Standard Specifications is void and superseded by
the following:
2. Silica fume shall be protected from temperatures in excess of 90 °F (32 °C).
LIQUID MEMBRANE- FORMING COMPOUNDS FOR CURING CONCRETE
(J -15- 0307)
Subsection 1012.03 in the Standard Specifications is void and superseded by the following:
. 1012.03- Acceptance Requirements
1: All curing compounds to be approved must be from the current calendar year with no
carry -over from the previous years.
2. Approved compounds are on the NDR Approved Products List:,
3. Products not on the NDR Approved Products .List shall be sampled and tested in
accordance with requirements of the NDR Materials Sampling Guide.
-130-
Project No. ENH- 89(30)
BITUMINOUS LIQUID COMPOUNDS FOR CURING CONCRETE
(J -15 -0515)
Section 1013 in the Standard Specifications is void and superseded by the following:
1013.01 —Description
The compound shall consist.. essentially of an asphaltic base and shall be of a consistency
suitable for spraying at temperatures existing at the time of construction operations. It shall
form ,a continuous, uniform film. It shall be free of precipitated matter caused by conditions of
storage or temperature. The compounds shall be relatively nontoxic.
1013.02 — Material Characteristics
a. When tested in accordance with AASHTO T 155, the loss of water shall not be
more than 0.11 lb /ft (0:55 kg 1m of surface area at 3 days, unless otherwise
specified by the Engineer.
b. The Contractor has.the option of using bituminous tack coat. The tack coat shall
conform to all requirements of Section 504.
C. The base material shall conform to Sections 1030, 1031 and 1032.
1013.03 —Acceptance Requirements
Products shall be sampled and tested in accordance with requirements of the NDR Materials
Sampling Guide.
JOINT AND CRACK SEALING FILLER
(J -15 -0813)
Section 1014 in the Standard Specifications is void and superseded by the following:
1014.01 — Description
Joint sealing filler shall be either a cold applied silicone product or an asphalt product (hot pour)
conforming to the requirements-of this Section. The type of joint filler to be used shall be as
specified in the plans or special provisions. If not specified, any of the joint sealing fillers in this
.Section may be used:
Crack sealing filler shall be a hot pour sealer conforming to the requirements of this Section. .
1014.02 -- Material Characteristics
1.. NE -3405 and NE- 3405LM (hot pour)
a. NE -3405 joint and crack sealer shall conform to the requirements of ASTM
- D6690 Type 11: The material_ shall conform to the requirements of Table 1 with
the following exception:
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Project No. ENH- 89(30)
(i) The test of Bond, non - immersed, ASTM D5329, 3 specimens through
3 cycles shall be run at 0 °F (- 18 ° C) ; 100% extension.
b. NE- 3405LM (Low Modulus) joint and crack sealer shall conform to the
requirements of ASTM D6690, Type IV. The material shall conform to the
requirements of Table 1.
C. The test of Bond, non - immersed, ASTM - D5329, will be tested on concrete blocks
that will be constructed by the NDR Concrete Laboratory. The concrete blocks
will be made of a 47B concrete mixture as prescribed in Section 1002 in the NDR
Standard Specifications. The design is amended so that no fly ash is used in the
mixture. All other specifications for Portland Cement Concrete apply.
d. Sample conditioning, preparation and heating shall be in accordance with
ASTM D 5167 with the following exceptions:
0) The following sentence of Section 8.1.2, "Also, if present, remove
container liner by cutting it away ", is void and superseded by the
following:
"Also, if present, as much of the polyethylene bag as possible,
shall be removed by cutting it away. Wholly- meltable type
container in contact with the sample section shall be left in place."
(ii) The last sentence of Section 8.1.2 "Solid Materials" is void and
superseded by the following: -
The entire vertical section which has been cut, shall be placed into
the pot -for melting.
(iii) The Section of 8.2.2.1 "Solid Materials" is void.
(iv) . The Section of 8.2.3 is void and superseded by the following:
After the solid segment is added to the melter, the material shall
be allowed to. minimally melt to a uniform viscous state suitable for
- the installation of the stirrer or paddle' The sample.shall then be
stirred for one full hour. The oil -bath temperature shall be
regulated to bring the material to the maximum heating
temperature within the one hour of stirring.
(v) The Section of 8.2.4.1 Js void and superseded by the following:
During the one full hour of stirring check the temperature of the -
material at maximum 15 minute intervals using 'a Type K
thermocouple with the calibration verified in accordance with
Section 6.1.7 to ensure conformance with specified temperature
requirements. Stop the mechanical stirrer when measuring
temperatures. If material temperatures ever exceed the maximum
heating temperature, or,ever drop below the minimum application
temperature after the maximum heating temperature was reached,
discard the sample and re -do the.heating. Maintain appropriate
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Project No. ENH- 89(30)
records of times and temperatures to verify conformance with
specification requirements.
(vi) The Section of 8.2.4.2 is void.
e. ASTM D 5329 shall include the following changes:
(i) Sections 6.4 and 12.4 "Specimen Preparation" shall have the reference. of
"177 ml (6 oz.)" replaced with "3 oz."
(ii) Section 6 "Cone Penetration, Non - Immersed' shall be superseded with
the following exceptions:
1. Section 6.5 "Procedure" is void and superseded by the following:
Place the specimen in a water bath maintained at 77 +/-
0.2 °F (25 +/- 0.1 °C) for two hours immediately before
testing. Remove the specimen from the bath and dry the
surface by shaking gently to remove free water from the
surface of the specimen. Using the apparatus described in
Section 6.3, make one determination at or near the center
of the specimen. Take care to ensure the cone point is
placed on a point in the specimen that is representative of
the material itself, and is free of dust, water, bubbles, or
Other foreign material
2. Section 6.6 "Report" is void and superseded by the following:.
Record the value as enetration of the specimen in dmm
2.
p
units.
Section 12 "Resilience" shall be superseded with the following
exceptions:
1. Section 12.5 "Procedure ", void the sentence "Make determinations
at three points equally spaced from each other and -less than
13mm ( inch) from the container rim" and supersede with the
sentence "Make one determination at or near the center of the tin."
2. Section 12.6 `Report" is void.
Silicone Joint Sealer (cold applied)
a. Silicone joint sealers may be either self - leveling or non -sag. and shall meet the
requirements in Table 1014.01.
-133--
Table 1014.01
Project No. ENH- 89(30)
Silicone Joint Sealer Requirement
Property
Requirement
Test
As supplied:
Specific Gravity
1:010 -1.515
ASTM D792
Work Time, minimum
10 minutes
Tack -Free, at 25 °C
20 -360 minutes
Cure Time, at 25 °C, maximum
14 days
Full Adhesion, maximum
21 days
As cured, at 25 °C + 1.5
Elongation, minimum
800%
ASTM D412
Durometer
Non -Sag, Shore A
10 -25
ASTM D2240
Self- Leveling, Shore 00, minimum
40
ASTM D2240
Joint Movement Capacity
+100% to -50%
ASTM C719
Tensile Stress at 150 % Elon ation
45 nsi
ASTM D412
1014.03 -- Packaging
1. NE -3405 and NE- 3405LM
a. The joint and crack sealer can be packaged in either cardboard box of wholly -
meltable type containers.
(i) Cardboard box containers shall be manufactured from double wall kraft .
board producing a minimum bursting test certification of 350 PSI (241
N /cm and using water - resistant adhesives. The use of metal staples or
fasteners of any kind will be prohibited for closing the lids of the boxes.
Tape or other like material is acceptable.
a. The joint and crack sealer shall be in meltable [300 °F (149 °C)]
polyethylene bag(s).
(ii) Wholly- meltable type containers, and any of their components, shall be
fully meltable and integrational with the joint and crack sealer by the time
the manufacturer's minimum application temperature is reached.
a. The wholly - melted and integrated container must not adversely
affect the test specifications of the joint and crack sealer.
2. Silicone Joint Sealer
a. Each container shall include information regarding manufacturer and product
name.
1014.04 -- Acceptance Requirements
1. NE -3405 and NE- 3405LM
a. Acceptance. of the -manufactured material is based on pre - approval by either on
or off -site sampling. Acceptable hot pour sealant lots .are.listed on the NDR
Approved Products List.
(i) NDR on -site field sampling shall be in accordance with the NDR Materials
Sampling Guide.
-134
Project No. ENH- 89(30)
(ii) Off -site (Proxy) sampling shall be in accordance with ASTM D 6690.
1. Proxy sampling shall be overseen by an outside party approved
by the NDR, preferably another DOT Agency.. Proxy samples
shall include a manufacturer's Certificate of Compliance. Proxy_
samples shall also include a dated signature of origin by the
Representative that is not affiliated with the manufacturer., and can
either be on the Certificate of Compliance, or separate letter.
2. For convenience in both sampling and shipping samples, sample
containers smaller than a manufacturer's usual production
containers are allowed, as long as the sample is 1500 grams min.
3. Samples shall be sent to the NDR Bituminous Laboratory, or
alternatively, sent to an NDR - .approved independent laboratory for
testing which will be at no cost to the Department. If a NDR
approved independent laboratory will be used for testing
purposes, the NDR Bituminous Laboratory must be notified so that
NDR concrete blocks for Bond testing can be sent to it.
2. Silicone Joint Sealer
a. Acceptance of applied silicone joint sealers shall be in accordance with the NDR
Materials Sampling Guide.
b. Acceptable silicone joint sealer manufacturer products are listed on the NDR
Approved Products List.
(i) For products that are not listed, approval may be based upon test results
from an independent laboratory submitted to the NDR.Concrete Materials
Section by the manufacturer, and testing by the NDR. Approval must be
made prior to product use.
EPDXY COMPOUNDS AND ADHESIVES
(J -15 -0308)
Section 1018 in the Standard Specifications is void and superseded by the following:
1018.01 Description
This specification provides requirements for two - component, epoxy -resin bonding systems for
use in no.n -load bearing applications and resin adhesives for application. to Portland cement
concrete.
1018.02 — Material Characteristics
1. Epoxy- resin bonding systems shall conform to the requirements of ASTM C 881.
Approved systems are shown on the NDR Approved Products List.
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Project No. ENH- 89(30)
2. The classification of Epoxy -Resin Bonding Systems is as follows:
a. Type I For use in non -load bearing applications for bonding hardened
concrete and other material to hardened concrete.
Type II For use in non -load bearing applications for bonding freshly mixed
concrete to hardened concrete.
Type III For use in bonding skid resistant materials to hardened concrete,
and as a binder in epoxy mortars or epoxy concretes.
b. Grade 1 Low viscosity.
Grade 2 Medium viscosity.
Grade 3 Non- sagging consistency.
C. Class A For use below 40 °F (4 0 C); the lowest allowable temperature.to be
defined by the manufacturer of the product.
Class B For use between 40 °F and 60 °F (4 °C and 15 °C).
Class C For use above 60 °F (15 °C); the highest allowable temperature to
be defined by the manufacturer of the product.
Class D For use between 40 °F and 65T (4 °C and 18° C).
Class E For use between 60 °F and 80 °F (15 °C and 26 °C).
Class F For use between 75 °F and 9.0 °F (24 °C and 32 °C).
1018.03 — Procedures
1. The compounds shall be of the type and grade specified in the plans or -as directed by
the. Engineer.
2. The class of the compounds shall be selected for use according to climatic conditions at
the time of application.
3. All bonding surfaces shall be clean and free of all oil, dirt, grease, or any other materials
which would prevent bonding.
4.. Mixing and. application shall be in strict accordance with the manufacturer's instructions.
1018 . — Acceptance Requirements
. 1., Epoxy -resin bonding systems and resin adhesives approved for use are shown on the
NDR Approved Products List.
2. Epoxy -resin bonding systems that are not on the NDR Approved Products List may be
accepted based on a manufacturer's certificate of compliance.
-136-
Project No. ENH- 89(30)
DEFORMED METAL CENTER JOINT AND METAL KEYWAY
(J -15 -0307)
Paragraph 1 a. of Subsection 1027.01 in the Standard Specifications is void and superseded by
the following:
a. Metal Center Joint:
Metal center joint sections shall be manufactured from sheets no less than
18 gauge [0.05 inch (1.3 mm)] thick and shall be of the size and trapezoidal
shape shown in the plans. The sections shall be punched along the centerline of
the narrow face of the trapezoid to admit the tie bars required by the plans and
also at intervals of not greater than 2 feet (600 mm) to receive pins that are
driven vertically into the subgrade to support the metal center joint.
AGGREGATES
(J -15 -0914)
Subsection 1033.01 is amended to include the following paragraphs and Subsection 1033.02,
Paragraphs 1 and 3. of the Standard Specifications is void and superseded by the following:
1033.01 — Description
This combined aggregate gradation using Class R aggregate is to optimize aggregate blends
utilizing more locally available materials
Achieving a uniform gradation for Class R may require the use of -two or more different
aggregates. It is the responsibility of the contractor to consider additional material
characteristics; such as, but not limited to particle shape, cubicity, angularity, etc., when
designing a mix.
1033.02 -- Material Characteristics
1. Sampling and Testing Procedures:
All materials shall be sampled and tested in accordance with Table 1033.01. All material
source locations and quarries must be approved by the Department for prior to use.
- 137 --
Project No. ENH- 89(30)
Table 1033.01
Sampling and Testing Procedures
Procedure
Method
Sampling
NDR T 2
Sieve Analysis
NDR T 27
Clay Lumps, Shale, and Soft Particles.
NDH l 504
Abrasion
AASHTO T 96
Freeze and Thaw Soundness
NDR T 103
Specific Gravity and Absorption
(course aggregate)
AASHTO T 85
Specific Gravity and Absorption
(fine aggregate)
AASHTO T 84
Total Evaporable Moisture Content of
Aggregates by Drying
AASTHO. T 255
Plastic -Fines in Graded Aggregates and
Soils by Use of the Sand Equivalent.Test
AASTHO T 176
Sodium Sulfate Soundness
AASHTO T 104
Calcium Carbonate
NDR C 25
Organic Impurities
AASHTO T 21
Mortar - Making Properties
AASHTO T 71
Reducing Field Samples of Aggregate
to Testing Size
AASHTO T 248
2. Portland Cement Concrete Aggregates: -
a. Sand - Gravel Aggregate:
(1) Aggregate shall be washed and composed of clean, hard, durable and
uncoated particles.
(2) Aggregates produced from wet pits by pumping must be adequately
washed by means approved by the Department.
(3) Aggregates from dry pits shall be adequately washed by means approved
by the Department and have a Sand Equivalent value not less than 90 in
accordance with AASTHO T 176.
(i) If the Sand Equivalent is less than 90, the Engineer may elect to
stop aggregate production until such a time.ASTM C 109 has
been completed. The aggregate, when subjected to the test for
mortar- making properties, shall produce a. mortar having a
compressive strength at the age of 7 days equal to or greater than
that developed by mortar of the same proportions and consistency
made of the same cement and aggregate -after the aggregate has
been washed to a sand equivalent greater than 90.. Materials
failing to produce equal or greater strength shall be unacceptable. -
(4) Aggregate for concrete shall have a soundness loss of not more than
10% by weight at the end of 5 cycles using Sodium Sulfate Soundness
test AASHTO T 104.
(5) The weight of the.aggregate shall not contain more than 0.5% clay lumps.
-138-
Project No. ENH- 89(30)
(6) Aggregate subjected to the colorimetric test for organic impurities which
produces a color darker than the standard shall be further tested for its
mortar- making properties in accordance with AASHTO T 71. The
Engineer may elect to stop aggregate production until such a time
AASHTO T 71 testing has been completed.
(i) Aggregate, when subjected to the test for mortar- making
properties, shall produce a mortar having a compressive strength
at the age of 7 days equal to or greater than that developed by
mortar of the same proportions and consistency made of the same
cement and aggregate after the aggregate has been treated in a
3% solution of sodium hydroxide. Materials failing to produce
equal or greater strength shall be unacceptable, except when
determined to be acceptable under the provisions of Subsection
105.03..
(7) Aggregate shall meet the requirement in Tables 1033.02A, 1033.026 and
1033.03C.
Table 1033.02A
Table 1033.02B
Aggregate Classes and Uses
Aggregate Class Concrete Description
A Overlay.Concrete SF
B'. 4713D, 4713-HE, 47B -OL, PR 1 and PR 3
C BX
b. Ledge Rock Aggregate:
(1) Aggregate shall.consist of Limestone, Quartzite, Dolomite, Gravel and
Granite composed-of clean, hard, durable, and uncoated particles.
(2) The percent of clay lumps, shale, or soft particles shall not exceed the
following amounts:
Clay Lumps .......................... 0.5%
Shale ..... ............................... 1.0%
Soft Particles .......................... 3.5%
(3) Any combination . of clay lumps, shale, -and soft particles shall not exceed
3.5 %.
(4) Aggregate for concrete shall be free of coatings that will inhibit bond and
free of injurious quantities of loam, alkali, organic matter, thin or laminated
pieces,. chert, or other deleterious substances as determined by the
Engineer.
= 139 =
Percent Passing
Percentage
3
%'
318
No.4
No.10
No.20
No.30
No.200
Class A
Max
_
_
100
100.
90
40
3
0
Min
92
64
10
AGGREGATE
Max
97
70
40
3
SPECIFICATION .
Class B
_
100
50
16
0
RANGE
Min
77
Max
88
50
20
3
Class C
Min
--
100
-
44
24
4
0
Table 1033.02B
Aggregate Classes and Uses
Aggregate Class Concrete Description
A Overlay.Concrete SF
B'. 4713D, 4713-HE, 47B -OL, PR 1 and PR 3
C BX
b. Ledge Rock Aggregate:
(1) Aggregate shall.consist of Limestone, Quartzite, Dolomite, Gravel and
Granite composed-of clean, hard, durable, and uncoated particles.
(2) The percent of clay lumps, shale, or soft particles shall not exceed the
following amounts:
Clay Lumps .......................... 0.5%
Shale ..... ............................... 1.0%
Soft Particles .......................... 3.5%
(3) Any combination . of clay lumps, shale, -and soft particles shall not exceed
3.5 %.
(4) Aggregate for concrete shall be free of coatings that will inhibit bond and
free of injurious quantities of loam, alkali, organic matter, thin or laminated
pieces,. chert, or other deleterious substances as determined by the
Engineer.
= 139 =
Project No. ENH- 89(30)
(5) Aggregate for concrete shall not have a soundness loss greater than
8.0% by weight at.the completion of 16 cycles of alternate freezing and
thawing.
(6) Aggregates for concrete shall have a Los Angeles Abrasion loss
percentage of not more than 40.
(7) All fractions passing the NoA sieve shall meet quality requirement of
soundness loss of -not more than 10% by weight at the end of 5 cycles
using sodium sulfate solution.
(8) The ledge rock shall be tested according to ASTM C 1260.
(a) The mortar bars for the ASTM C 1260 shall not exceed 0.10%
expansion at 28 days.
(i) If the proposed ledge rock exceeds 0.10% expansion at
28 days, the ledge rock shall be tested in accordance to
ASTM C 1567. If the expansion is greater than 0.10 %, the
ledge aggregate shall not be used.
a. The ASTM C 1567 mortar bars shall be composed
of Type IP or IT Interground /blended cement and
the proposed Ledge Rock aggregate,
b. To accommodate precision within multi - laboratory
testing, expansion up to and including 0.13% will be
accepted for use. If the expansion is above 0.13 %,
the material is noncompliant.
(9) Aggregate shall meet the requirements in Tables 1033.03A, B, and C.
Table 1033.03A
-it the No. zuu Sieve is less tnan l.b% passing the No.ZU sieve could be increased to maximum of 6%
passing.
Table 1033.036
. Aggregate Classes and Uses
Aggregate Concrete Description
Class
E 47BD; 47B -HE, PR 1 and PR 3
F 47B- OL.,,Overlay Concrete SF
C. Combined. Aggregates:
(1) The Contractor shall design and meet the specification requirements. It is
the _Contractor's responsibility to provide desirable mix properties; such
as, but not. limited to, workability, resistance to segregation, stable air void
system, good finishing properties and good consolidation properties.
(2) The combined blended aggregate shall meet the requirement in
Table 1033.03C and 1033.03D.
.-140-
Percent Passing
Percent
1 ' /2 1'
1 '
3 /4 "
' /2 "
3/8
No.4
No.10
No.20
No.30
No.200
AGGREGATE
Class E
Max
100
100
90
45
12
*4
3
SPECIFICATION
Mi n
92
66
15
0
0
0-
.
RANGE
Class F
Max
-
--
100
100
90
30
8
3
MIn
96
40
4
0
0
-it the No. zuu Sieve is less tnan l.b% passing the No.ZU sieve could be increased to maximum of 6%
passing.
Table 1033.036
. Aggregate Classes and Uses
Aggregate Concrete Description
Class
E 47BD; 47B -HE, PR 1 and PR 3
F 47B- OL.,,Overlay Concrete SF
C. Combined. Aggregates:
(1) The Contractor shall design and meet the specification requirements. It is
the _Contractor's responsibility to provide desirable mix properties; such
as, but not. limited to, workability, resistance to segregation, stable air void
system, good finishing properties and good consolidation properties.
(2) The combined blended aggregate shall meet the requirement in
Table 1033.03C and 1033.03D.
.-140-
Project No. ENH- 89(30)
Table 1033.03C
*Class R - Combined Aggregate Gradation Limits (Percent Passing)
Tolerances
Sieve Size
1 ' /3 inch
1 inch
314 inch
No-4
No.10
No.30
No. 50
No.200
Max
100
100
98.0
70.0
50.0
30.0
12.0
3.0
Min
-
1 92.0
1 85.0
45.0
31.0
8.0
2.0
0
* Refer to Subsection 1002.04, Paragraph 1.b.(8) for the traditional 47B Mix Design
Table 1033.03D
Aggregate Classes and Uses
Aggregate Class Concrete Description
R 47B
on
Sieve Size
Tolerances
No. 4 or qreater
+ 5%
No'. 10 to No. 30
+ 4%
No. 50
+ 3%
Minus No. 200
+ 1 %
(3) Ledge rock and aggregate from a dry pit shall be uniformly saturated with
water before it is used. The wetting shall begin 24 hours before concrete
mixing to allow complete saturation.
_DOWEL BARS
(J -15 -0812)
Paragraph 1.c. of Subsection 1022.01 in the Standard Specifications, is void and superseded by
the. following:
1. C. Both Type A and Type B coated dowel bars shall be coated with a bond breaker
shown on the NDR Approved. Products List, dipped in asphalt or paraffin_ , or
greased in accordance - with the specified requirements as shown in the Standard
Plans.
Aggregate Production and Testing:
(1) ..Any change greater than 3% in the original verified constituent
percentage of the combined aggregates gradation will be considered non-
compliant. Any change of the combined gradation targets must remain
within the Combined Aggregate Gradation Limits in Table 1033.03C. The
Contractor shall resubmit a new mix design if the material is deemed non-
compliant in accordance with Subsection 1002.04, Paragraph 1
(2) The blended gradation tolerance ranges from the approved mix design
are established in Table 1033.03E.
(i) The Contractor shall assume the responsibility to cease
operations when the specifications are not met. Production shall
not be started again without the approval of the Engineer.
Table 1033.03E Blended Aggregate Production Tolerances.
- 141 '-
Project No. ENH- 89(30),
EPDXY COATED REINFORCING STEEL
(J -15 -0509)
Paragraph 5. of Subsection 1021.03 in the Standard Specifications is void and superseded by
the following:
5. In order to protect the coated reinforcement from damage, the Contractor shall
use padded or nonmetallic slings and padded straps. Bundled bars shall be
handled in a manner which will prevent excessive sagging of bars which will
damage the coating. If circumstances require storing coated steel reinforcing
bars outdoors for more than two months, protective storage measures shall be
implemented to protect the material from sunlight, salt spray and weather
exposure. Coated steel reinforcing bars, whether individual bars or bundles of
bars, or both, shall be covered with opaque polyethylene sheeting or-other
suitable opaque protective material. For stacked bundles, the protective covering
shall be draped around the perimeter of the stack. The covering shall be secured
adequately, and allow for air circulation around the bars to minimize
condensation under the covering. Coated steel reinforcing bars, whether
individual bars or bundles of bars, or both, shall be stored off the ground on
protective The bundled bars shall not be dropped or dragged. If, in the
opinion of the Engineer, the coated bars have been extensively damaged, the
material will be rejected. The Contractor may propose, for the approval of the
Engineer, alternate precautionary measures.
PROPOSAL GUARANTY
(A -40 -0307)
As an evidence of good faith in submitting a bid for this work, the bidder shall indicate
the type of bid applied to this project in accordance with the Proposal Guaranty Bid - Bond
Section of these - Special Provisions. .
205INFJUN15
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Project No. ENH- 89(30)
INDEX
ACCEPTANCE TESTING OF SOILS BY USE OF THE LIGHT WEIGHT DEFLECTOMETER
(LWD) SCOPE ..........................................................................:.........'..... .........:...................
ADJUSTPULL BOX TO GRADE ...................:............................................ .............................9
ADJUSTUTILITY TO GRADE .................................... ............................... ............................
AGGREGATES.....................:..................................... .................. ............. ............................
AWARD AND EXECUTION OF CONTRACT.: ........................... I ............................................. 77
BIKEWAYHANDRAIL ................................................:. ............................... ............................
BITUMINOUS LIQUID COMPOUNDS FOR CURING CONCRETE ............ ...............:............131
BORROW, WASTE, STOCKPILE, AND PLANT SITE APPROVAL .......:: ... .............................66
BUYAMERICA .............. ............................... ............................................. ............................65.
CALCIUMCHLORIDE. .........:....................................... ...............................
............................
CERTIFICATION FOR FEDERAL -AID CONTRACTS ..............................:..
....................:........48
CONCRETE CLASS 47B- 35.00 IMPRINTED SURFACING ( 6 ") ............................
:................103.
CONCRETEPAVEMENT .................................................--.........................
...---- ...........--- ........
CONCRETEPAVEMENT CORING... ..................................... a ..................................
I ............... 98
CONSTRUCTION DETAILS ........................:
SUBLETTING OR ASSIGNING OF CONTRACT ....:..................
CONSTRUCTIONMETHODS ........:..........................................................:.
............ : :...............
CONSTRUCTION STORMWATER MANAGEMENT CONTROL
...............: .:...........................79
.CONTRACT TIME ALLOWANCE .........: ....:.............................................::.
....;:..............:........62
COVERCROPSEEDING ............................................. ...............................
............................
CURB WORK AT 23RD .STREET AND HIGHWAY 75............. ...:...............
....................::......:97
DEFORMED METAL CENTER JOINT AND METAL KEYWAY ......:.......... ...:........................137
DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL :.................::..
.............:.............:.39
CERTIFICATION .......::....:::.. .......:..............:........ ...............................
.............................46
DBEGOAL CREDIT .........................................................................:..... .............................
DBEGOAL CREDIT TABLE ..........................:........................................
.............................
DESCRIPTIONS....... -t .. .........::....................::....................:.....:......::...:...
.............................
SUBLETTING OR ASSIGNING OF CONTRACT ....:..................
.40
USE OF DISADVANTAGED BUSINESS ENTERPRISES ...:.............................
. :.................. 28
DISADVANTAGED BUSINESS ENTERPRISES .................................:..:.....
.............................27
(Prime Contractor Reporting of DBE Payments) ................................... ....:.....................:..28
DOWEL BARS .............. ................. ................................ ....... ..................................
.....:..... .....A41
ELECTRONIC SHOP DRAWINGS ........::.............................:..............:.......
.............................
ENVIRONMENTAL COMMITMENT .................: ................ ........................:
:..--- ...............,.......50
ENVIRONMENTAL. COMMITMENT DOCUMENT....:.. ....:..:................:.:.....
....;,.....:...:..:.....: : :..
ENVIRONMENTAL COMMITMENT ENFORCEMENT.: :...................:...........
.............................85
EPDXY COATED REINFORCING STEEL'.... ..:..:::: ........... ......................... .......
:,...:................:142
EPDXY COMPOUNDS AND ADHESIVES .......:.......... ............................... ............................13
EROSIONCONTROL ... ..:.......................... .. ................:.............:.:..:...: ......:
..................... :: ... 106
EXCAVATION AND EMBANKMENT...:...: ..................................................
............................:
FLOODPLAINPERMIT ............ :..................................................::...,.....:.. .............................
FUEL COST ADJUSTMENT PAYMENT ................:...................................... ............................,
GENERAL CLEARING AND GRUBBING ..........................................::........ ....:.......................7
GENERALCONDITIONS........ .................................:.:...........:..................... ..........:..............:...
-143-
Project No. ENH- 89(30)
INLET PROTECTION..... ....... .......... ....... ......... ....... ...................... ....... 107
JOINT AND CRACK SEALING FILLER ...................... ............................... ............................131
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ................ ........:....................61
LIABILITYINSURANCE .............................................................................. .............................72
LIMITATION OF OPERATIONS .........................................::....................... .............................80
LIQUID MEMBRANE- FORMING COMPOUNDS FOR CURING CONCRETE .......................130
LOCAL PUBLIC AGENCY - RESPONSIBLE CHARGE ...........: ........:.......... .............................76
MANHOLE AT STATION 105+ 87. 6 ............................. .....................:......... ......:.....................114
NOTICE BIDDERS ........................................................:.........:.............
.......:.....................75
NOTICE TO BIDDERS (Storm Water Pollution Prevention Plan) ............
.............................57
PARTIALPAYMENT ....................................................:.........................
............................63, 64
PORTLAND AND INTERGROUND /BLENDED CEMENT ................
............................123
PORTLAND CEMENT CONCRETE ...............:.............. ...............................
..........._.....:..........114
PORTLAND CEMENT CONCRETE PAVEMENTS
GENERAL REQUIREMENTS ............................................................:.....
.............................99
PROPOSAL GUARANTY ............................................ ...............................
............................142
PROPOSAL GUARANTY BID BOND .............................................:............
.......:.....................60
- RECONSTRUCT MANHOLE .................................................................
............................... :114
RELOCATE STREET LIGHTING UNIT ....................
REMOVE AND RESET CHAIN LINK FENCE ....:........ ...............................
..::.......:...............:114
REMOVE AREA INLET AT STATION 105+ 87. 6 ...........................................
.............................94
REQUIRED SUBCONTRACTOR/SUPPLIER QUOTATIONS LIST :...........
.............................59
SECTION 1007 -- CHEMICAL ADMIXTURES ....................... .................:.............
:.......:.........128
r .
SEEDING .................................................................... ...............................
..........:.................105
SILICA FUME ...................:.................:........................ .........:.....................
............................130
SILTCHECKS........ ................:...............................................:.. ............................
. .. ...............109 .
SILTFENCE .....:.....................:.................................... ...............................
............................111
SPECIAL PROSECUTION AND PROGRESS
Construction Signs & Barricades
(Federal Immigration Verification System) ............... ...........:................. .............................61
- (Migratory Birds) .......................................... . ....................... I ..............
...........................
....:. ..57.
( Project Liquidated Damages) ...............................................................
......................... . . ..76
(Subletting or Assigning of Contract) ...............................:...................
.............................67
(Traffic Management) ............................................................ ............_...I.......
..... ::. ...:50
STATUS OF RIGHT -OF- WAY ............ .................. .......................:.
: .....:.........:...:....:....49
STATUS OF UTILITIES .......................................................................:........
..:............::............48 ..
STORM WATER DISCHARGES ..............:.....................................:............
.....:.......................59
STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ) ...... ......:......:........
„83
SUBGRADE PREPARATION ............................................. ........... .....................................
94, 95
TEMPORARY TRAFFIC CONTROL DEVICES
(Type 11 Barricades, Reflectorized Drums, 42" (1070 mm) Reflective
Cones, and Vertical
Panels ) :......................... .........................:.................................
...................... ......:95
TEMPORARY WATER POLLUTION CONTROL .............
.................:.:...................
............... :....:.- ..:,.79
TYPE B HIGH INTENSITY WAR_ NING LIGHTS ............:................................
................:............95
-144-
Project No. ENH- 89(30)
VALUE ENGINEERING PROPOSALS (VEP) ............................................. .............................61
WATER....................................................................................................... .............................
WATER FOR CONCRETE ..... ..
.............................. ............................. ............................1
WORK ZONE TRAFFIC CONTROL SIGNS ................................................ .............................96
WORKERVISIBILITY ................................................................................. .............................
-145-
WHEREAS, there has been signed by the City of Blair on the
22nd day of May , 2012 and the State on the 30th day of
May 2012 an agreement providing for the construction of a Federal
Aid ,Project at the following location: the Dana Trail from the existing intersection of Highway 75 on the
south side west to the intersection of Highway 75 and Deerfield Blvd and the Lincoln Trail from the
intersection of Marina Drive and Fairview Drive east to Optimist Park terminating on the north east
- corrw of the park
and
WHEREAS, in the above agreement, the City has pledged sufficient funds to finance its share of
the cost of the construction of this project identified as ENH- 89(30) , and
- WHEREAS, the above mentioned agreement provided that the City would pay costs as set forth
in the agreement, and
WHEREAS, the State and the City received bids for the construction of this project on.
June 25, 2015 , at which time 2 bids were received for the construction of the
-proposed work, and
WHEREAS, the following contractor(s) for the items of work listed has /have been selected as the
low bidder(s) to whom the contract(s) should be awarded:
MTZ Construction, LLC, Lincoln, NE
Grading, Concrete Pavement, General Items: $511,167.71
NOW THEREFORE, in consideration of the above facts, the City Council of the City of
Blair , by this resolution, takes the following official action:
1. If for any reason the Federal Highway Administration rescinds, limits its obligations, or defers
payment of the Federal share of the cost of this project, the City hereby agrees to provide the
necessary funds to pay for all costs incurred until and in the event such Federal funds are allowed and
paid.
2. The Council hereby concurs in the selection of the above mentioned contractor(s) for the
items of work listed, to whom the contract(s) should be awarded.
3. The Council hereby authorizes the Mayor to sign the contract(s) with the above mentioned
Contractor(s) for the above mentioned work on behalf of the City.
DATED THIS DAY OF (A A.D. 2'
CITY OF BLAIR
ATTEST:
(Mayo)r
Council- Member J (f
(City Clerk)
Moved the adoption of said resolution.
Roll Call: '_ yea, nay.
Resolution adopted, signed and billed as adopted.
Contract ID: 2549X
Letting Date: 06 -25 -15
Call Order: 205.
Bidder: 4917 - MTZ Construction, LLC
NOTES
Page: 2
Project No. ENH- 89(30)
THE TOTAL AMOUNT OF WORK WHICH WILL BE ACCEPTED IN THIS LETTING IS
LIMITED TO ** * *.
THE NUMBER OF ** ** CONTRACTS WHICH WILL BE ACCEPTED
IN THIS LETTING IS LIMITED TO ** * *.
State of Nebraska
Page: 3
Department of Roads
Date: 06 -02
-15
Schedule of Items
Revised:
Contract ID: 2549X Project(s):
ENH- 89(30)
Letting.Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
+-------------------------------------------------------------------------
- - - - -+
ILinel Item Approx. 1 Unit
Price I Bid
Amount I
I No.1 Description Quantity 1--------
------ - I --------------
I
I I 1 and Units 1 Dollars
I Cts I Dollars
ICtI
+ - - - -- ---------------------------------------------------------------------
Section 0001 GROUP 1 GRADING
Alt Group
+-------------------------------------------------------------------------------
1 10030.10 MOBILIZATIOI I
I
I
100011N ILUMP ILUMP
1
1
I
16,000.001
1
1 1 1
-----------------------------------------------
1 11009.00 GENERAL I I
I
I
100021CLEARING AND GRUBBING ILUMP ILUMP
1
1
4,850.001
1
1 1 1 1
+------------------------------=------------------------------------------------
1 11011.00 WATER I I
1
1
100031 1 38.0001
29.980001
1,139.241
1 1 IMGAL I
I
I
+- --------------------------------------------------------------
- - - - -+
I 11030.00 EARTHWORK I I
I
I
100041MEASURED IN EMBANKMENT 1 2,779.0001
8.000001
22,232.001
1 1 ICY I
I
I
+-------------------------------------------------------------------------------
1 11107.00 REMOVE WALKI I
1
1
100051 1 291.0001
9.750001
2,837.251
1 1 ISY I
I
-----------------------------------------
- - - - -+
I 11116.12 REMOVE I I
I
I
100061BOLLARD 1 4.0001
150.000001
600.001
1 1 (EACH I
I
I
+----------------------=--------------------------------------------------------
1 14093.80 WALL I I
I
I
100071MATERIALS 1 2,215.0001
18.550001
41,088.251
1 1 ISF I
I
+- — ----------------------------------------------------------------------
- - - - -+
1 14095.15 COMPACTED I I
I
I
10008JEARTH LEVELING PAD 1 335.0001
11.500001
3,852.501
1 1 ILF I
I
I
+-------------------------------------------------------------------------------
1 16406.30 BIKEWAY I I
I
I
100091HANDRAIL 1 335.0001
138.000001
46,230.001
1 1 ILF I
I
I
+-------------------------------------------------------------------------
- - - - -+
I 17150.50 REMOVE AND I I
I
I
1OO101RESET CHAIN -LINK FENCE 1 373.0001
15.000001
5,595.001
1 1 ILF I
I
I
+---------------------------------------------------------------------=---------
--------------------------------------------------------------------------------
Check: OD027FCD
Page 3
State of Nebraska
Page:
4
Department of Roads
Date:
06 -02 -15
Schedule of Items
Revised:
Contract ID: 2549X Project(s):
ENH- 89(30)
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
+---- - - - - ---------------------- -------------------------------------------
- - - - -+
ILinel Item I Approx. I
Unit Price I
Bid Amount I
I No.1 Description I Quantity I-------------
- - - I --------------
I
I I and Units I
Dollars I Cts I
Dollars ICtl
+-------------------------------------------------------------------------
- - - - -+
1 18024.50 SELECT I I
I
I
100111GRANULAR BACKFILL FOR 1 163.0001
38.550001
6,283.651
1 (RETAINED EARTH STRUCTURE ICY I
I
I
+-------------------------------------------------------------------------
- - - - -+
I IL019.13 EROSION I I
I
I
100121CONTROL, CLASS 1D 1 372.0001
3.450001
1,283.401
1 1 ISy I
I
I
------------------
- - - - -+
I IL022.11 FABRIC SILTI I
I
I
100131FENCE -LOW POROSITY 1 2,129.0001
4.770001
10,155.331
1 1 ILF I
I
I
+-------------------------------------------------------------------------
- - - - -+
I
I I I
I (Section 0001 Total 1
162,146.621
+-------------------------------------------------------------------------
- - - - -+
Section 0002 GROUP 3 CONCRETE PAVEMENT
Alt Group
+-------------------------------------------------------------------------
- - - - -+
I 10030.30 MOBILIZATIOI I
I
I
I00141N ILUMP (LUMP
1
I
1
25,000.001
1
1 1 1
+-------------------------------------------------------------------------
- - - - -+
1 11119.05 REMOVE AREAI I
I
I
1001511NLET 1 1.0001
825.000001
825.001
1 1 (EACH 1
I
I
+-------------------------------------------------------------------------
- - - - -+
1 13008.05 TIE BARS I I
1
1
100161 1 107.0001
7.850001
839.951
1 1 (EACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 13011.25 CONCRETE I I
I
I
100171CLASS 47B -3500 CURB, TYPEI 26.0001
48.250001
1,254.501
1 III ILF I
I
I
+--- - - - - -- -----------------------------------------------------------
- - - - -+
1 130.16.03 CONCRETE I I
I
I
100181CLASS 47B -3000 SIDEWALK 1 7.0001
88.450001
619.151
1 15" I SY I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 13016.39 DETECTABLE I I
I
I
1001.91WARNING PANEL 1 180.0001
44.500001
8,010.001
1 1 ISF I
I
I
+-------------------------------------------------------------------------
- - - - -+
---------------------------------------------------------------
- - -
Check: OD027FCD
- -- ---- - - - - --
Page 4
State of Nebraska
Page:
5
Department of Roads
Date:
06 -02 -15
Schedule of Items
Revised:
Contract ID: 2549X Project(s):
ENE- 89(30)
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
+-------------------- - - - - -- -- - - - - -- -
--------------------
- - - - -+
ILinel Item I Approx.
Unit Price I
Bid Amount I
I No.1 Description I Quantity
- -------- I ---
------ - - - - - I
I I I and Units
Dollars I Cts I
Dollars' 1Ctl
+----------------------------- - - - - -- ---------------------------------
- - - - -+
1 13016.71 6" CONCRETEI I
I
I
100201CLASS 47B -3500 BIKEWAY 1 4,322.0001
41.850001
180,875.701
1 1 ISY I
I
I
+-------------------------------------------------------------------------
- - - - -+
I 13016.73 8" CONCRETEI I
I
I
100211CLASS 47B -3500 BIKEWAY 1 34.0001
49.750001
1,691.501
1 1 ISY I
I
I
--------- - - - - --
-------------------
- - - - -+
1 13017.21 CONCRETE I I
I
I
100221CLASS 47B -3500 IMPRINTED 1 334.0001
98.500001
32,899.001
1 ISURFACING ISY I
I
I
--------------------------------------------------
L -----------------------------
1 13075.32 8" CONCRETEI
100231PAVEMENT, CLASS 47B -3500 1 49.0001
98.250001
4,814.251
1 1 ISY I
I
I
-- - - - - --
--------------------
- - - - -+
1 14005.00 CAST IRON I I
I
I
100241RING AND COVER 1 345.0001
6.750001
2,328.751
I I ILB I
I
I
+--------------------------------- - - - - -- -
----------------------
- - - - -+
1 14015.00 ADJUST I I
I
I
100251MANHOLE TO GRADE 1 9.0001
775.000001
6,975.001
I I (EACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 14015.50 RECONSTRUCTI I
I
I
100261MANHOLE 1 5.0001
925.000001
4,625.001
1 1 (EACH I
I
I
+------------------------------- - - - - -- - --
-----------------------
- - - - -+
1 14016.00 MANHOLE AT I I
I
I
100271STA 105 +87.60, 18.8' RT 1 1.0001
1,825.000001
1,825.001
1 1 (EACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 14900.25 CURB INLET I I
I
I
100281SEDIMENT FILTER 1 13.0001
102.000001
1,326.001
1 1 1EACH I
I
I
+------------------------------------------ - - - - --
-------------------
- - - - -+
1 17321.00 TYPE A SIGNI I
1
1
100291 1 4.5001
165.000001
742.501
1 1 ISF I
I
I
--------------
- - - - -+
I 17334.04 4" X 4 1 1
1
1
100301WOOD SIGN SUPPORT 1 20.0001
25.000001
500.001
1 1 ILF I
I
I
+----------------------- - - - - -- ---------------------------------------
- - - - -+
--------------------------------------------------------------------------------
Check: OD027FCD
Page 5
State of Nebraska
Page: 6
Department of Roads
Date: 06 -02
-15
Schedule of Items
Revised:
Contract ID: 2549X Project(s):
ENH- 89(30)
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
+-------------------------------------------------------------------------
- - - - -+
ILinel Item I Approx. 1
Unit Price I Bid
Amount I
I No_I Description I Quantity --
--- ------ --- - - I --------------
I
I I I and Units
Dollars I Cts I Dollars
1Ctl
--- - - - - -+
1 19111.00 WATER I I
1
.I
100311 1 1.0001
35.000001
35.001
I 1 IMGAL I
I
I
--------------------------
- - - - -+
1 19170.00 EARTH I I
I
I
100321SHOULDER CONSTRUCTION 1 2.7281
788.000001
2,149.661
1 1 ISTA I
I
I
+- ---------------------------------------------------
- - - - -- -------
- - - - -+
1 19173.20 SUBGRADE I I
I
I
100331PREPARATION I 49.0001
5.870001
287.631
1 1 ISY I
I
I
+ - - -- --------------------------------------------------------------
- - - - -+
I IA001.12 PULL BOX, I I
I
I
100341TYPE PB -5 1 1.0001
595.000001
595.001
I 1 (EACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
I IA065.69 1 1/2 INCH I I
I
I
100351PVC CONDUIT IN TRENCH 1 360.0001
5.050001
1,818.001
1 1 ILF I
I
I
-----------------------------------------
- - - - -+
I IA080.22 STREET I I
I
I
100361LIGHTING CABLE, NO. 6 1 360.0001
2.750001
990.001
1 IBARE ILF I
I
I
+-------------------------------------------------------------------------
- - - - -+
I IA080.24 STREET I
100371LIGHTING CABLE, NO. 6 USE1 720.0001
2.500001
1,800.001
1 1 ILF I
I
I
+ - - - -- -------------------------------------------------------------
- - - - -+
I IA449.00 ADJUST PULLI I
I
I
100381BOX TO GRADE 1 1.0001
440.000001
440.001
I 1 (EACH I
I
I
- - -+
I IA700.20 RELOCATE I I
I
I
100391STREET LIGHTING UNIT 1 2.0001
2,825.000001
5,650.001
1 1 (EACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
I (L001.01 SEEDING, I I
I
I
10040ITYPE A 1 2.0001
1,975.000001
3,950.001
1 1 (ACRE I
I
I
- -+
I IL032.75 MULCH I I
1
1
100411 1 4.5001
295.000001
1,327.501
1 1 ITON I
I
I
--------------------------------------
- - - - -+
--------------------------------------------------------------------------------
Check: OD027FCD
Page 6
State of Nebraska.
Page:
7
Department of Roads
Date:
06 -02 -15
Schedule of Items
Revised:
Contract ID: 2549X Project(s):
ENH- 89(30)
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
-----------------------------------
- - - - -+
ILinel Item I Approx.
Unit Price I
Bid Amount I
I No.1 Description I Quantity 1 ----------------
I --------------
I
I I I and Units 1
Dollars I Cts I
Dollars ICtI
+-------------------------------------------------------------------------
- - - - -+
IW600.03 ADJUST I I
I
I
100421VALVE BOX TO GRADE 1 1.0001
450.000001
450.001
1 1 IEACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
I
I I I
I ISection 0002 Total 1
294,644.091
+-------------------------------------------------------------------------
- - - - -+
Section 0003 GROUP 10 GENERAL ITEMS
Alt Group
------------------------------------------
- - - - -+
1 10001.08 BARRICADE, I I
I
I
100431TYPE II 1 250.0001
0.500001
125.001
1 1 IBDAY I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 10001.90 SIGN DAY I I
1
1
100441 1 456.0001
9.500001
4,332.001
1 1 IEACH I
I
I
+---------------------------------------------------------------------------
- - - - -+
1 10002.97 FLASHING I I
I
I
100451ARROW PANEL 1 10.0001
92.000001
920.001
I 1 IDAY I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 10003.10 FLAGGING I I
1
1
100461 1 20.0001
375.000001
7,500.001
1 1 IDAY I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 10010.04 FIELD I I
I
I
100471OFFICE 1 1.0001
3,500.000001
3,500.001
1 1 IEACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 10030.00 MOBILIZATIO1 I
I
I
100481N (LUMP (LUMP
1
1
1
5,000.001
1
1 1 1
+-----------------------=-------------------------------------------------
- - - - -+
1 19110.01 RENTAL OF I I
I
I
100491LOADER, FULLY OPERATED 1 25.0001
110.000001
2,750.001
1 1 IHOUR I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 19110.03 RENTAL OF I I
I
I
100501DUMP TRUCK, FULLY 1 25.0001
95.000001
2,375.001
I 1OPERATED (HOUR I
I
I
+-------------------------------------------------------------------------
- - - - -+
--------------------------------------------------------------------------------
Check: OD027FCD
Page 7
State of Nebraska
Page:
8
Department of Roads
Date:
06 -02 -15
Schedule of Items
Revised:
Contract ID: 2549X Project(s):
ENH- 89(30)
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
+----------------------------------------- - - - - --
--------------------
- - - - -+
ILinel Item I Approx. I
Unit Price I
Bid Amount I
I No.l Description I Quantity I-
- ---- -- --
---- --- - - - - -
I I I and Units I
Dollars I Cts I
Dollars ICt1
--------- - - - - --
-------------------
- - - - -+
1 19110.07 RENTAL OF I I
I
I
100511SKID LOADER, FULLY 1 25.0001
125.000001
3,125.001
1 (OPERATED (HOUR I
I
I
---------------------
- - - - -+
1 19110.27 RENTAL OF I I
I
I
100521CRAWLER MOUNTED HYDRAULICI 25.0001
185.000001
4,625.001
1 (EXCAVATOR, FULLY OPERATEDIHOUR I
I
I
-------------------------------------------
- - - - -+
I IL006.00 COVER CROP I I
I
I
100531SEEDING 1 2.0001
1,500.000001
3,000.001
1 1 (ACRE I
I
I
-----------
- - - - -+
I IL022.75 TEMPORARY I I
I
I
100541SILT CHECK 1 300.0001
6.500001
1,950.001
1 1 ILF I
I
I
+----------------------------------------- - - - - --
-------------------
- - - - -+
I IL022.90 TEMPORARY I I
I
I
100551SILT FENCE 1 300.0001
6.500001
1,950.001
I I ILF I
I
I
---------------------
- - - - -+
I IL860.24 STORM EVENTI I
I
I
100561RESTORATION - INCENTIVE 1 13.0001
725.000001
9,425.001
1 1 (EACH I
I
I
+-------------------------------------------------------------------------
- - - - -+
1 11,860.50 ENVIRONMENT( I
I
I
I0057IAL COMMITMENTS - ILUMP ILUMP
1
3,800.001
1 ICONTRACTOR COMPLIANCE I I
I
I
+ ----------------------------------- - - - - --
----------------------
- - - - -+
I
I I I
I (Section 0003 Total 1
54,377.001
+-------------------------------------------------------------------------
- - - - -+
I
I I I
I (Bid Total l
511,167.711
+-------------------------------------------- - - - -
-- ------------------
- - - - -+
This Bid contains 0 amendment files
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Check: OD027FCD Page 8
NEBRASKA DEPARTMENT OF ROADS
REQUIRED DBE PARTICIPATION FORM
------------------------------------------------------------- -------- --------
LINE ITEM ITEM UNIT SUBCONTRACTOR SUBCONTRACTOR EXTENDED
NO. NO. DESC. TYPE QUANTITY UNIT PRICE AMOUNT
-------------------------------------------------------------------------------
Contract ID: 2549X Page: 10
Letting Date: 06-25-15 Project No. ENH-89(30)
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
DBE NAME: MTZ CONSTRUCTION, LLC
ADDRESS: LINCOLN, NE. 68528-1228 ID: 4917
BID QUOTE: 19 USED AS: SubContractor
(19,000.00) SUPPLIERS COUNT 600
SPECIFIC SUBCONTRACT WORK OR MATERIALS:
D3 CONCRETE FLATWORK
• Overhead costs are NOT applicabl6 to DBE Credit. Show ONLY the amount that
will paid to the DBE.
• Only 600 of the amount paid to a DBE supplier, for materials, may be credited
toward the goal.
DBE Subcontractors will be required to furnish a bond?**No **
----------------------------------------------------------------------------
Contract ID: 2549X
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
Page: 11
Project No. ENH- 89(30)
TOTAL DBE PARTICIPATION AMOUNT
Entered: 3.720 or 19,000.00
Required: 3.00o or 15,335.03
<REQUIREMENTS MET>
--------------------------------------------------------------------------------
Check: OD027FCD Page 11
Contract ID: 2549X Page: 12
Letting Date: 06 -25 -15 Project No. ENH- 89(30)
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
CERTIFICATION OF PREVIOUS EEO PERFORMANCE
Certification with regard to the Performance of Previous Contracts or
Subcontracts subject to the Equal Opportunity Clause and the filing of
Required Reports.
Does the Bidder hereby certify that they have participated in a
previous contract or subcontract subject to the equal opportunity
clause, as required by Executive Order 11246 ?* *Yes **
Has the bidder filed with the Joint Reporting Committee, the Director
of the Office of Federal 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 ?* *Yes **
Note: The above 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 subcontracts 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 (Gen-
erally 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.
Standard Form 100 (EEO -1) must be filed by:
Employers covered by the Title VII of the Civil Rights Act of 1964
and employers covered by Executive Order 11246, who have 100 or
more employees in the payroll period for which they are reporting,
normally any payroll period in December, January, or February pre-
ceding the filing of the report.
If Standard Form 100(EEO -1)was not filed because the contractor
employs less than 100 employees, it is proper for the
contractor to state that he /she has submitted all required compliance
reports.
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.
***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Contract ID: 2549X Page: 13
Letting Date: 06 -25 -15 Project No. ENH- 89(30)
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
EQUIPMENT ASSESSMENT
By signing this bid, the bidder certifies that all equipment
to be used on this project, except that acquired since assessment, has
been assessed for the current year in * *LANCASTER * *County.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
HIRING PRACTICE
By signing this bid, the bidder certifies that this company is
complying with all applicable hiring codes, laws, ordinances, rules,
regulations and orders issued by a public authority whether federal,
state, local or otherwise, including, but not limited to, the Immigration
Reform and Control Act of 1986.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DRUG -FREE WORKPLACE POLICY
By signing this bid, the bidder certifies that in accordance
with the State of Nebraska Drug -Free Workplace Policy enacted by the
Governor on July 3, 1989, this company is operating under a drug -free
workplace policy and a written Drug -Free Workplace Policy is on file
with the Nebraska Department of Roads.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
NONCOLLUSION DECLARATION
By signing this bid, the bidder certifies under penalty of
perjury that (he or she) is an officer or director of the company
bidding and in that capacity, (he or she) has identified all employees,
officers or directors involved in the preparation of this bid, has
discussed the bid with each individual, and can now state that no
one involved in the preparation of this bid did, either directly or
indirectly, enter into any agreement, participate in any collusion,
or otherwise take any action in restraint of free competitive bidding
in connection with the bid for this project submitted at the letting
held by the Nebraska Department of Roads in Lincoln, Nebraska.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Contract ID: 2549X Page: 14
Letting Date: 06 -25 -15 Project No. ENH- 89(30)
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
BOND REQUIREMENTS
By signing this bid the bidder certifies that (the bidder)
proposes to furnish a bond, as required by the Standard Specifications,
in the amount of the contract awarded.
As evidence of good faith in submitting this bid, a bid bond in
an amount of 5 percent of our bid, which, it is understood, shall
be payment to the State of Nebraska, not as a penalty, but in
liquidation of damages to the State, if at any time subsequent
to the opening of bids by the State of Nebraska, we fail or refuse
to comply with any obligation or duty required of us which leads to
or is in fulfillment of our entering into the contract for which
we are submitting this bid.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
TYPE OF BID BOND APPLIED TO THIS PROJECT
* *ANNUAL BID BOND **
- NDOR approved Annual Bid Bond must be on file
5 days prior to letting time.
- NDOR must receive a project specific paper bid bond
by letting time in the NDOR issued envelope.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DBE GOAL
If there is a DBE Goal, by signing this bid, the contractor assures
the Nebraska Department of Roads the goal will be met either by goal
achievement or good faith documentation. Any amount less than the
identified goal requires good faith documentation
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
STANDARD SPECIFICATIONS COMPLIANCE
By signing this bid, as person in authority to sign for the
company submitting the bid on this project, the signer
certifies that all Proposal Requirements and Conditions of
Section 102 of the Standard Specifications regarding the submittal
of this bid have been and are being met.
The signer further certifies that the company will meet all the
requirements applicable to them should they be the bidder to whom a
contract is awarded as set out in Section 103 of the Standard
Specifications regarding the Award and Execution of the Contract.
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Contract ID: 2549X
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
Page: 15
Project No. ENH- 89(30)
SUBCONTRACTOR /SUPPLIER QUOTATIONS LIST
(49 CFR Part 26.11)
By signing this bid, the bidder certifies that pursuant to
49 CFR Part 26.11, the bidder has provided the name and address of
all firms that have provided quotations to the bidder on the
above identified project(s).
Contract ID: 2549X
Letting Date: 06 -25 -15
Call Order: 205
Bidder: 4917 - MTZ Construction, LLC
Page: 16
Project No. ENH- 89(30)
BID SIGNATURE PAGE
This single notarized signature is intended by the bidder to apply
to the following:
- Certification of Previous EEO Performance
- Equipment Assessment Certification
- Hiring Practice Certification
- Drug Free Workplace Policy Certification
- Noncollusion Declaration
- Bond Requirements
- DBE Goal Participation Form (if applicable)
- Compliance Certification for Standard Specifications
Sections 102 and 103
- Subcontractor /Supplier QuoLaLions List
CHECK ONLY ONE THAT APPLIES:
I (HAVE) made changes to this bid that are not reflected
on the disk.
i, I (HAVE NOT) made changes to this bid that are not
t � reflected on the disk.
NDOR defines a Person in Authority as someone appointed and authorized
to approve and execute bids, contracts and bonds as stated on.the
"Corporation Information sheet "(p.20) or the "Appointee and Signature
Authorization Sheet" (p. 21) of the Contractor Prequalification documents.
Person in Authority (Printed)
2 -
Person in Authority (Signature/
STATE OF �✓
COUNTY OF I2
The foregoing instrument was acknowledged before me this
day of , 201�
[Z UKI - R — AL NOTARY -State of Nebraska
REBECCA J. SE TR Q12KA
My Comm. ExP• P
42 aPy—Public
Letting: 15062501 Project No.: ENH- 89(30)
Call: 205
Contract ID: 2549X
THIS CONTRACT AND AGREEMENT, made and entered into this 4th day of August 2015 by
and between the CITY OF BLAIR of the State of Nebraska, hereafter referred to as party of the first part or Owner, and
MTZ CONSTRUCTION, LLC of LINCOLN, NE, parry of the second part:
WITNESSETH: That the party of the second part, for and in consideration of the sum of Five Hundred Eleven
Thousand One Hundred Sixty Seven and 71/100 Dollars payable as set forth in the specifications constituting a part of
this contract, hereby agrees to perform in accordance with the plans, specifications, and special provisions therefore, and in the
location designated in the proposal form, the various groups of work, including all items contained in each specified group,
awarded said party of the second part on the 20th day of July, 2015, as follows: being groups numbered GROUP 1,
GROUP 3, GROUP 10 on project number ENH- 89(30) in WASHINGTONCounty(ies) in Nebraska as shown in the
schedule of prices bid in the attached proposal which is a part of this contract.
That it is mutually understood and agreed by the parties hereto that the general and detailed plans, the Standard
Specifications for Highway Construction of the Department of Roads of the State of Nebraska, which are on file in the office of
the Department at Lincoln; the contractor's bond; the proposal; all special provisions; and all supplemental agreements are a part
of this contract.
That it is mutually understood and agreed by the parties that federal funds are a part of the financing of this project and that
the parties must meet all laws, specifications, criteria, special provisions and requirements established by the Federal Highway
Administration for the use of federal funds. Therefore, the parties agree that since the federal government has made the State of
Nebraska, Department of Roads its agent for the purposes of overseeing the project for protection of the federal contributions, the
State of Nebraska, Department of Roads shall have the same rights as the Owner and federal government in protection of their
funding.
It is understood and agreed by the parties that the State of Nebraska, Department of Roads is involved in this.project only as
a conduit and steward of federal and/or state funds. If a dispute arises between the parties they shall seek their remedies against
each other or the federal government and shall hold the State of Nebraska, Department of Roads harmless from suit under this
contract.
The party of the second part expressly warrants that he /she has employed no third person to solicit or obtain this contract in
his/her behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon
such procurement, and that he /she has not paid, or promised or agreed to pay, to any third person in consideration of such
procurement, or in compensation for services in connection herewith, any brokerage, commission, or percentage upon the amount
to be received by him/her hereunder, and that he /she has not, in estimating the contract price demanded by him/her, included any
sum by reason of any such brokerage, commission or percentage, and that all moneys payable to him/her hereunder are free from
obligation to any other person for services rendered, or supposed to have been rendered, in the procurement of this contract.
He /She further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract by the
party of the first part and that the said party of the first part may retain for its own use, from any sums due or to become due
hereunder, an amount equal to any brokerage, commission, or percentage, so paid or agreed to be paid.
That the party of the second part further agrees to pay all laborers and mechanics for labor that shall be performed and pay
for all material, supplies and equipment which is used or rented in performing the contract, and pay to the Unemployment
Compensation Fund of the State of Nebraska the unemployment contributions and interest due under provisions of the Nebraska
Employment Security Law on wages paid to individuals employed in the performance of this contract.
All work required in carrying out this contract shall be performed in compliance with the laws of the State of Nebraska.
The party of the second part further agrees to perform the work under the supervision of the Owner. The administrator of
the Federal Highway Administration or his /her authorized agent, including the State of Nebraska, Department of Roads shall have
the right at all times, but not the duty, to inspect the work for eligibility for federal funding in accordance with the laws of the
State of Nebraska, and the rules and regulations of the Administrator of the Federal Highway Administration of the United States,
for the purpose of carrying out the provisions of Title 23, United'States Code, as amended and supplemented (Federal Aid
Highway Acts).
That in consideration of the foregoing, the parties understand that when the Owner authorizes payment(s) the Owner will
see that prompt payment is made by the State of Nebraska, Department of Roads on behalf of the Owner and the Federal Highway
Administration of the amounts set forth herein, subject to the conditions set forth in this contract, or any part thereof, as herein
described.
Revised 12 -04
Con -20.3
Letting: 15062501 ProjectNo.: ENH- 89(30)
Call: 205
Contract ID: 2549X
It is further expressly understood and agreed that time is of the essence to this contract and that failure to complete the work
before the expiration of the time allowance fixed in this contract, or after the expiration of such additional time as may be allowed
by the Owner, would cause loss and expense to the parry of the first part and such loss and expense would be uncertain in itself
and unsusceptible of certain computation. It also is understood and agreed that failure to comply with this contract, in some
manner other than failure to comply with the fixed time allowance, would cause damage that would be difficult to compute with
certainty. Therefore, the party of the second part expressly agrees and promises to pay as reasonable liquidated damages such
liquidated damages as are provided for in this contract. It is further understood and agreed that the Owner shall have the right to
deduct from any moneys due to the party of the second part the amount of liquidated damages caused to be owing by failure to
comply with this contract; or the Owner shall have the right to recover such liquidated damages from the party of the second part,
from the surety, or from both the party of the second part and the surety, or may deduct part of such liquidated damages as are
owing and recover the balance from the party of the second part, the surety, or both the party of the second part and the surety.
It is further understood and agreed that the parry of the second part shall not do any work or furnish any materials not
covered and authorized by this contract, unless ordered in writing by the Owner. Any such work may be done or any such
materials which may be furnished by the party of the second part without such written order, first being given, shall be at his/her
own risk, cost and expense; and the party of the second part hereby covenants and agrees that he /she shall make no claim for
compensation for any work so done or any materials so furnished.
IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed, to this and one other
instrument(s) of like tenor, this 4th day of August 20 15
CITE' OF BLAIR of the State of Nebraska
Mayor, Chairperson ofthe Boar , Chief Executive Officer
r \ Lph Q ��
Party
of the
First Part
or Owner
Attest
City Clerk
MTZ CONSTRUCTION, LLC
Principal (Signature)
Party
of the
1
V
Second
Part
Principal (Printed Name)
Title
46- 3192613
FcdcralIDNumbcr
Revised 12 - 04
Con -20.3
Bond No. 2202803
Letting: 15062501
Call: 205
Contract ID: 2549X
Project No.: ENH- 89(30)
KNOW ALL MEN BY THESE PRESENTS:
That we MTZ CONSTRUCTION, LLC as principal,
and North American Specialty Insurance Company as sureties, are held and firmly bound unto
the CITY OF BLAIR of the State of Nebraska, in the penal sum of $511,167.71 dollars and for the payment of which we do
hereby bind ourselves, our heirs, executors and administrators, jointly, severally, and firmly by these presents.
Date July 24
, A.D. 2015
The condition of the obligations is such that whereas, the above bounden MTZ CONSTRUCTION, LLC of
LINCOLN, NE, has been awarded by the CITY OF BLAIR, the various groups of work, including all items contained in
each specified group of work being groups numbered: GROUP 1, GROUP 3, GROUP 10 on Project No. ENH- 89(30) in
WASHINGTON County(ies), Nebraska, copy of which contract together with all of its terms, covenants, conditions and
stipulations is incorporated herein and made a part hereof as fully and amply as if said contract were recited at length herein.
NOW THEREFORE, if said MTZ CONSTRUCTION, LLC as principal shall in all respects fulfill this said contract
according to the terms and the tenor thereof, and shall faithfully discharge the duties and obligations therein assumed, then the
above obligation is to be void and of no effect; otherwise to be and remain in full force and virtue in law.
It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance by
the principal herein named of said contract for the construction work as specified in said contract and in strict accordance with the
terms of said contract and the plans, specifications and all special provisions made a part thereof; but that it is given to secure and
does secure also the payment by the said bounden MTZ CONSTRUCTION, LLC of all overpayments made to said
principal by the Department of Roads, on behalf of the Owner, and of all just claims to all laborers and mechanics for labor that
shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the
contract, and for the payment of all taxes, including contributions and interest due under the Nebraska Employment Security Law,
which may accrue, pursuant to Sections 77 3103 to 77 3112 or any other provision of law, to the State of Nebraska and the
political subdivisions thereof on account of the execution and performance of this contract, and if such payments be made then,
this obligation shall be null and void; otherwise it shall remain in full force and effect.
No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the
bond covering the construction work, and this bond is made, executed and delivered with such understanding.
Signed this 24th day of July 1 20 15
MTZ CONSTRUCTION, LLC
1 Principal (Signature)
Ccn Lx-1 1 `\CC f �S' ✓ CL ,
Principal (Printed Name)
Title
North .American Specialty
Insurance`Company ✓
Sureq
i
Attorney -in -Fact (Signature)
Maura P. Kellv ./
Attorney -in -Fact (Printed Name)
The Harry A. Koch Co. V
AgencydBusiness Name
14010 FNB Pkwy., Ste. 300, Omaha,/ 68154
Agency /Business Address
402 -- 861 --7000
Phone Number
Revised 12 - 04
Con -20.3
NAS SURETY GROUP ORIGINAL IN
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY MASTER FILE
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City
of Schaumburg, Illinois, each does hereby make, constitute and appoint:
DAVID A. DOMINIANI JOAN LEU, MAURA P. KELLY,
SHARON K. MURRAY and JUSTIN TOMLIN
joint or severally
its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9 of May, 2012: .
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future th regarqj_q any bond, undertaking or contract of surety to which it is attached.
1lnumun
\ �AL I TY /,y SIONg4 +r�
CO G By �� ptiad'T
Steven P. Ande on, S r ice Presi ent of Washington International Insurance Company &�'r S+�L �G IN
SEAL : m Vice r nt o orth American Specialty Insurance Company F m s
? 1973 p
// ///Nliiil111 \ \ \\ David 3 . L an, Vice President ' g on Intern al Insurance Company & r �
Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of July 20 12,
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook SS:
25th day of July ;0 12 , before me, a Notary Public, personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman
Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged
said instrument to be the voluntary act and deed of, their respective companies.
1 DOE "OFFICIAL S�Expim " y ,n
u D. SNS i � Noblice of Illinois My missioio106l20Is Don na D. Sklens, Notary Public
I, Jeffrey Goldberg Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of
North American Specia ity Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given
by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this � th day of July 20 12
Jeffrey Goldberg, Vice President & Assistant Secretary of Washington
nternallonal Insurance Company & North American Speciality Insurance Company
i
North American Specialty Insurance Company
Washington International Insurance Company
NASISP
1200 Arlington Heights Road, Suite 400, Itasca, IL 60143 -2625
Direct Dial: 630 - 227 -4702 • Toll Free: 800 - 338 -0753
Facsimile: 630 - 227 -4705• e-mail: jill_nelson @nassurety.com
D. Jill Nelson
Executive Assistant
Ms. Karen McCord
Contracts Section, Room 104
Nebraska Department of Roads
PO Box 94759
Lincoln, NE 68509 -4759
August 16, 2012
Re: NAS Surety Group /Powers of Attorney
Dear Ms. McCord:
Please file with the Nebraska Department of Roads, the attached original newly
executed wet Power of Attorney for Harry A. Koch Company, 233 S. 13 St., Suite 1650,
Lincoln, NE 68508. We have had a personnel change as well as several title changes.
This Power of Attorney shall remain in full force and effect until such time that the
Nebraska Department of Roads is notified in writing of its revocation.
Kindly acknowledge receipt of this POA by dating and affixing your signature below
and faxing it back to me for the completion of our records. My fax number is 847 - 273 -1250.
Please keep my name and number handy and if there is anything else I can help you
with, please feel free to give me a call or send an email. Thank you!
Very truly yours,
NAS URETY GROUP
U
Jill Nelson
Executive Assistant
Enclosure
Received by:
Under date of:
cc: NAS IA Office
D. Dominiani
0 m -I--- pe_
A MEMBER OF THE SWISS RE GROUP
NOTICE TO CONTRACTORS
CALL ORDER: 205
FEDERAL PROJECT NO. ENH- 89(30)
LOCATION: BLAIR CONNECTOR TRAILS
IN COUNTY: WASHINGTON
The Nebraska Department of Roads will receive sealed bids for the CITY OF BLAIR in
Room 104 of the Central Office Building at 1500 Hwy 2 at Lincoln, until 1:30 PM on
June 25, 2015. At that time the bids will be opened and read for
GRADING, CONCRETE PAVEMENT
BIDDING PROPOSAL FORMS WILL BE ISSUED AND A CONTRACT AWARDED TO A CONTRACTOR WHO IS
QUALIFIED FOR: CONCRETE PAVEMENT
START DATE: 09/14/2015 WORKING DAYS: 40
PRICE RANGE: $0.00 to $500,000.00
THIS PROJECT CONTAINS A DBE GOAL OF 3.00%
Plans and specifications may be seen beginning June 02, 2015 at the
Lincoln Central Office and June 08, 2015 at the District Engineer's Office at OMAHA
Additional letting information may be found at the Nebraska Department of
Roads Web Site at http:/ w ww. transportation .nebraska.gov /lettin
This project is funded under the Federal -Aid Highway Act, all appropriate
Federal requirements will apply.
Na4ravka l7aP ®rkmnr�tat
Purchasing n Appo intment
Delegation Information
FORM
-- - -
- - - -
and Delegation of Authority
for Sales and Use Tax
City State Zip Code
1
PURCHASING AGENT APPOINTMENT
Name and Address of Prime Contractor
Name and Address of Governmental Unit or Exempt Organization
Name
Name
MTZ CONSTRUCTION, LLC
City of Blair
Street or Other Mailing Address
Street or Other Mailing Address
339 NW 16TH ST
218 South 16th Street
City State Zip Code
City State
Zip Code
LINCOLN, NE 68528 -1228
Blair NE
68008
Name and Location of Project
Appointment Information
Name
Effective Date
ENH- 89(30) in WASHINGTON COUNTY
-° ®►
x
Street or Other Mailing Address
Expiration Date
5/31/2016
City State Zip Code
Nebraska Exemption Number (Exempt Organizations Only
NA
Identify Project
ENH- 89 (30) BLAIR CONNECTOR TRAILS
The undersigned governmental unit or exempt organization appoints the above -named contractor and the contractor's delegated subcontractors as its
agent to purchase and pay for building materials that will be annexed to real estate by them into the tax exempt construction project stated above.
sign l`.
here l ` � x
Authorized Signatu o G vernmental Unit or Exempt Organization Title Date
DELEGATION OF PRIME CONTRACTOR'S AUTHORITY
Name and Address of Subcontractor
Delegation Information
Name
Effective Date
Street or Other Mailing Address
Expiration Date
City State Zip Code
Portion of Project
The undersigned prime contractor hereby delegates authority to act as the purchasing agent of the named governmental unit or exempt organization
to the above -named subcontractor.
sign
here
Signature of Prime Contractor or Authorized Representative
Title
Date
INSTRUCTIONS
WHO MUST FILE. Any governmental unit or organization that is
exempt from sales and use tax may appoint as its agent a prime
contractor to purchase building materials and /or fixtures that will be
annexed to property that belongs to or will belong to the
governmental unit or exempt organization pursuant to a construction
contract with the governmental unit or exempt organization. The
appointment of the prime contractor as its agent is completed by
issuing a Purchasing Agent Appointment and Delegation of Authority
for Sales and Use Tax, Form 17, to the prime contractor. The Form 17
is required to be given to the contractor BEFORE he or she annexes
building materials. The governmental unit or exempt organization
must identify the project (e.g., east wing, chapel construction, or new
school auditorium). Most nonprofit organizations are NOT exempt
from sales tax in Nebraska. In addition, not all governmental units are
exempt from Nebraska sales tax. Refer to Contractor Information on
our Web site for additional information on exempt entities.
A contractor can confirm the exempt status of a governmental unit or
exempt organization by contacting the Nebraska Department of
Revenue.
The exemption from the payment of the Nebraska and local option
sales and use taxes only applies if the governmental unit or exempt
organization directly, or through its contractor, pays for the building
materials. IMPORTANT NOTE: When an organization that requires
licensure in order to be exempt (i.e., nonprofit hospitals), but is not
licensed at the time of the construction project, the exempt
organization CANNOT issue either a purchasing agent appointment
or an exemption certificate. If the exempt organization becomes
licensed upon completion of the project, it may apply for a refund of
the tax paid or collected by the contractors.
NDOR www.revenue.ne.gov, (800) 742 -7474 (toll free in NE and IA), (402) 471 -5729
6- 139 -1970 Rev. *4-2009 Supersedes 6- 139 -1970 Rev. 2 -2008
WHEN TO FILE. A prime contractor engaging in a construction
project with a governmental unit or exempt organization must receive
a properly completed and signed Form 17 BEFORE any building
materials are annexed. If Form 17 is not issued, the contractor must
pay the sales and use taxes and the governmental unit or exempt
organization may obtain a refund of the taxes paid by the contractor.
WHERE TO FILE. A copy of the completed form should be
retained by the governmental unit or exempt organization issuing the
Form 17. The original is to be retained by the prime contractor.
Copies of this form must be made by the prime contractor for
delegation purposes to any subcontractors working on the project
identified on this form.
APPOINTMENT INFORMATION. Enter the dates the purchasing
agent appointment will become effective and when it will expire. This
appointment will not allow any purchases without payment of the tax
by the prime contractor or subcontractor before the effective date or
after the expiration date. The dates the delegation becomes effective
and the expiration dates must be completed. The phrase "upon
completion" or similar phrase is not acceptable as an expiration date.
The governmental unit or exempt organization may need to issue
another Form 17 if the project is not completed within the prior
"effective" and "expiration" dates. Exempt organizations must enter
their Nebraska Sales and Use Tax Exemption number.
DELEGATION OF PRIME CONTRACTOR'S AUTHORITY.
The prime contractor may delegate his or her authority to act as the
purchasing agent of the governmental unit or exempt organization to a
subcontractor. The prime contractor must complete his or her copy of
Form 17 for each subcontractor who is delegated authority to act as a
purchasing agent. Reproductions of this delegation must be provided
to the subcontractor, who must retain a copy for his or her records,
and to the governmental unit or exempt organization.
Enter the dates the delegation of the subcontractor will become
effective, when it will expire, and the portion of the project delegated.
This delegation will not allow any purchases without payment of the
tax by the subcontractor before the delegation date or after the
expiration date. Any further delegation from a subcontractor to
additional subcontractors must be delegated by providing a copy of
the Form 17 that they received from the prime contractor and
attaching it to a separate Form 17 with any further delegation to other
subcontractors. The purchasing agent appointment is limited to the
contractor's purchase of building materials and/or fixtures for the
specific project and is only valid during the appointment dates shown
on the Form 17.
EXEMPT SALE CERTIFICATE. A prime contractor who has been
appointed to act as a purchasing agent by a governmental unit or
exempt organization, and who hires a subcontractor operating as an
Option 1 contractor, must provide to that subcontractor a completed
copy of Form 17 and a Nebraska Resale or Exempt Sale Certificate,
Form 13, with Section C, Part 2, completed. The subcontractor will
retain these forms in his or her records, and will not charge the
contractor sales tax on any portion of the invoice involving the
annexation of materials to the specific project identified on the Form
17. If these forms are not provided to the subcontractor operating
under Option 1, the subcontractor must collect and remit sales tax on
the charge for the separately stated building materials portion of the
invoice. If the Option 1 subcontractor does not separately state the
charge for the building materials from contractor labor, then the entire
charge is taxable to the prime contractor.
Contractors operating under Option 2 (maintaining a tax -paid
inventory) who have been issued a Form 17 from a governmental unit
or an exempt organization, must furnish each vendor a copy of the
Form 17 and a Form 13, completing Section C, Part 2, when
purchasing building materials that will be annexed to real estate.
Forms 13 and 17 must be retained with the vendor's and contractor's
records for audit purposes. A contractor or subcontractor may
reproduce copies of these documents which will be furnished to the
vendors for each invoice or order made by them.
Invoices from vendors for the purchase of building materials by the
contractor as purchasing agent, or the authorized subcontractor, must
clearly identify that such purchase is for the specific Form 17 project.
CREDIT/REFUND OF SALES AND USE TAX.A contractor or
subcontractor who has been appointed as a purchasing agent before
any materials are annexed, may withdraw sales or use tax -paid
materials from inventory that will be annexed to real estate or used to
repair property annexed to real estate and receive a credit for the sales
or use tax amount previously paid on those materials.
The contractor or subcontractor may take a credit either against his or
her current tax liability, or file a Claim for Overpayment of Sales and
Use Tax, Form 7, and receive a refund of the sales or use tax paid on
those materials.
TOOLS, EQUIPMENT, AND SUPPLIES. The purchase, rental, or
lease of tools, supplies, or equipment (i.e., scaffolding, barricades,
machinery, etc.) by a contractor for use in the completion of an
exempt project CANNOT be purchased tax free, even if the
contractor has been issued a Form 17. These items do not become
annexed to the real estate.
OPTION 1 CONTRACTOR ONLY.If an Option 1 contractor is the
only contractor involved in performing work for a governmental unit
or exempt organization, a Form 17 is NOT required. The Option 1
contractor must only obtain a Form 13, Section B, from the exempt
project owner.
PENALTY.Any person who signs this document with the intent to
evade payment of tax is liable for the sales and use tax, interest, and
penalty, and may be found guilty of a misdemeanor.
AUTHORIZED SIGNATURE. The purchasing agent appointment
must be signed by an officer of the exempt organization or proper
government official. The delegation of prime contractor's authority
must be signed by the owner, partner, corporate officer, or other
individual authorized to sign by a power of attorney on file with the
Nebraska Department of Revenue.
NDOR www.revenue.ne.gov, (800) 742 -7474 (toll free in NE and IA), (402) 471 -5729
6- 139 -1970 Rev. 4 -2009 Supersedes 6- 139 -1970 Rev. 2 -2008