Contract Documents - Bid Express Secure Internet Bidding

Transcription

ill All/f/ 1 .4)(1G0
DEPARTMENT OF
i TRANSPORTATION
1
MOBILITY FOR EVERYONE
PS&E Bureau
PO Box 1149
Santa Fe, NM 87504-1149
CONTRACT DOCUMENTS
FOR
THE CONSTRUCTION OF
CN/Project No.: 5100161/5100161
County: Santa Fe
Termini: 1-25, MP 294.500 to MP 299.550
Form No. #568
Rev. 12-00
CONTRACT DOCUMENTS FOR HIGHWAY AND
BRIDGE CONSTRUCTION
Index of Documents
Invitation For Bids
Notice to Contractors (Project Specific)
Notice to Contractors (General Requirements)
Federal-Aid Requirements
Wage Rates (Federal/State)
Construction Plans
Special Provisions
Supplemental Specifications
Certificate of Payment of Claims
INVITATION FOR BIDS
NEW MEXICO DEPARTMENT OF TRANSPORTATION
BIDS CALLED FOR - December 20, 2013
SANTA FE., NEW MEXICO
Notice is hereby given that SEALED
BIDS WILL BE RECEIVED UNTIL
11:00 A.M. (National Institute of Standards and Technology (NISI), atomic
clock) on December 20, 2013 at the
NEW MEXICO DEPARTMENT OF
GENERAL
TRANSPORTATION'S
OFFICE TRAINING ROOMS, 1120
CERRILLOS ROAD, SANTA FE,
NEW MEXICO, 87505 at which time
bids will be publicly opened and read by
the New Mexico Department of Transportation (NMDOT).
Any individual with a disability who is in
need of a reader, amplifier, qualified sign
language interpreter, or any other form of
auxiliary aid or service and desires to attend or participate in this bid opening
should contact the Office of Equal OpBureau
at
portunity
Programs
505.827.1774, at least ten days before the
date of bid opening.
All projects shall be constructed in accordance with the New Mexico Department of Transportation's 2007 Edition of
the Standard Specifications for Highway
and Bridge Construction ("Standard
Specifications"), unless otherwise noted.
Section 102.7 of the Standard Specifications mandates that bidders inspect and
become familiar with the plans and specifications for the work in advance of bidding. In order for a bidder to verify that
it has complied with this mandate it must
seek and obtain from the PS&E Bureau
status as a "Planholder" for the project on
which it intends to bid. To obtain such
status, a bidder must either: (1) Request
a set of contract documents including the
plans for the project on which the contractor anticipates bidding, or (2) Submit
via Telefax (505.827.5290) written confirmation that the bidder has obtained a
copy of the contract documents and plans
from a source other than the PS&E Bureau. Under option (2), such written confirmation by Telefax must be received by
the PS&E Bureau no later than the
Wednesday preceding a Friday bid opening. Failure of a bidder to seek status
as a "Planholder" in one of the two
ways identified herein will render its
bid non-responsive and its bid shall be
rejected.
Each bid shall be submitted in a sealed
envelope with the project number, location of the proposed improvement and the
name and address of the bidder plainly
marked on the outside of the envelope.
The total bid amounts as read at the Bid
Opening are tentative only and subject to verification of mathematical accuracy. Such verification may result in a
change to the order of the bids.
It is not necessary for a contractor to have
the license classification(s) alluded to on
the individual Federal-Aid funded projects in order to submit a bid on the project. Any contractor bidding on a New
Mexico highway project involving the
expenditure of federal funds shall submit
the required license(s) after receiving the
Preliminary Notice of Award and prior to
the issuance of the Notice to Proceed.
Licenses may be obtained from the New
Mexico Construction Industries Division.
It is the responsibility of the Contractor to
pay whatever fees and to take whatever
measures are available by rule or regulation of the Division to expedite the securing of the required license.
All bidders on State funded projects must
be licensed in New Mexico by the Construction Industries Division. The bidder
must hold the proper license classification, at the time bids are submitted, for
the major portion of the work to be performed based on dollar amount. The
bidder shall indicate its current New
Mexico Contractor's license number and
classification in the contract documents
where applicable.
After receiving the Preliminary Notice
of Award and prior to issuance of the Notice to Proceed, the apparent low bidder
shall submit a copy of the "wallet card",
issued by the Construction Industries Division of the Regulation And Licensing
Department, to the Contract Administration Section of the New Mexico Department of Transportation, PO Box 1149
Santa Fe, New Mexico 87504-1149 or
1120 Cerrillos Road, General Office
Complex, Santa Fe, NM 87505, Telephone Number is 505.827.5492.
The Resident Contractor and Resident
Veterans Preferences will apply to all
State funded projects.
In accordance with 18.27.5 NMAC, the
Contractor Prequalification Rule, all contractors and subcontractors must prequalify with the New Mexico Department of
Transportation as a condition for bidding
or otherwise supplying services, construction or items of tangible personal property described in the Invitation For Bids.
To prequality, contractors and subcontractors shall file fully executed Prequalification Booklets with the Department.
Prime contractors submitting a new or renewal Booklet must submit it not less
than seven (7) calendar days prior to the
opening of any bid. Subcontractors must
submit a new Booklet or renewal Booklet
not more than seven (7) calendar days after bid opening. Prequalification Booklets and copies of the Contractor Prequalification Rule may be acquired from the
Office of Inspector General at
505.476.0901.
On state funded projects, all contractors
or subcontractors (all tiers) that submit a
bid valued at more than sixty thousand
dollars ($60,000) shall be registered with
the Department of Workforce Solutions,
Labor Relations prior to bidding. Information on registration can be obtained
from the following website:
http://www.dws.state.nm.us/new/Labor_R
elations/publicworks.html
Failure of the contractor to register with
the Department of Workforce Solutions
shall render a bid non-responsive and the
bid shall be rejected. Failure of a subcontractor to register with the department of
labor shall be grounds for the nmdot to
deny written consent of the subcontract
under section 108.1 of the standard specifications.
Before bids are opened for each project,
contractors will be given the opportunity
to withdraw bids, which have not been
read. Withdrawn bids will not be allowed
to be resubmitted.
All requests for plans and specifications
should be directed to the P. S. & E. Bureau of the New Mexico Department of
Transportation PO Box 1149, Santa Fe,
New Mexico 87504- 1149 or 1120 Cerrillos Road, Santa Fe, New Mexico 87505;
General Office Complex, Room 223,
Santa Fe, New Mexico, Telephone Number is 505.827.5500 — FAX Number
505.827.5290.
Plans and specifications for all projects
may be examined at the P. S. & E. Bureau of the New Mexico Department of
Transportation, Room 223, 1120 Cerrillos Road, General Office Complex, Santa
Fe, New Mexico.
For each bid submitted, the contractor
shall provide a certified check, bid bond,
cashier's check, postal money order or
bank money order in the amount of at
least 5% of the amount bid. Under no
circumstances will a personal check be
Continued on page 2
INVITATION FOR BIDS
accepted. Submittal of a personal check
will automatically disqualify a bid.
As an option, the Department has implemented the Bid Express website
(www.bidx.com ) as an official depository
for electronic bid submittal. Electronic
bids submitted through Bid Express do
not have to be accompanied by paper
bids. In the case of disruption of national
communications or loss of services by
www.bidx.com the morning of the bid
opening, the Department will delay the
deadline for bid submissions to ensure the
ability of potential bidders to submit bids.
Instructions will be communicated to potential bidders.
For information on digital id, and electronic withdrawal of bids, see Bid Express
website (www.bidx.com ). Electronic bid
bonds integrated by Surety 2000 and Insure Vision will be the only electronic bid
bonds accepted for NMDOT highway
construction projects. Plans and contract
books in electronic format are also available in Bid Express.
A Pre-Bid Conference (MANDATORY) for CN 5100790 will be held on
Tuesday, December 10, 2013 at 10:00
AM at the NMDOT District 5 Office
Conference Room, 7315 Cerrillos
Road, Santa Fe, NM. For additional
information regarding the Pre-Bid
Conference, contact David D. Quintana, District 5 Technical Support Engineer at 505-995-7785 or Chris Urioste, District 5 Project Development
Engineer at 505-995-7786. See Notice
to Contractors.
(1)
FEDERAL AID PROJECT
6100716
CN 6100716
1-40, MP 35.077 to 38.186 located in
McKinley County.
The approximate
length is 3.109 miles.
Construction Consists Of:
ROADWAY REHABILITATION, Cold
Milling w/Inlay and Pavement Surface
Restoration
(Flexible),
Roadway
Reconstruction,
Pavement
Sections
(Flexible ), Metal Barrier Installation,
Traffic
Control
(Phasing)
and
Miscellaneous Construction.
This contract must be completed in 75
working days.
At this time NMDOT will meet the State
DBE Goal on Federally assisted projects
through a combination of race-neutral and
race-conscious measures. This project is
subject to race-conscious measures. The
established DBE goal for this project is
3.00%.
Page 2
The Contractor may bid and contract as
the prime contractor of the entire project,
provided he holds the proper classification for the major portion of the work to
be performed based on dollar amount.
The following New Mexico License classification(s) are required to perform the
work called for on this project: (GA-I or
GA-98).
Plans and specifications may also be examined at the office of the District Highway Engineer, Larry Maynard, Milan,
New Mexico.
FEDERAL AID PROJECT
3100320
CN 3100320
NM 304, MP 14.000 to MP 14.400 located in Socorro County. The approximate
BRIDGE REPLACEMENT (Replace
Existing Bridge w/ 3 Span Prestressed
Concrete Girders, Cast-in-Place Concrete
Deck Slab, Approach Slabs, Metal
Railing),
Roadway
Reconstruction,
Pavement
Sections
(Flexible
),
Earthwork (Borrow), Metal Barrier
Installation, Structures (Culverts, Drop
Inlet), Erosion Control Measures, Traffic
Control (Phasing, Detour), Permanent
Signing and Miscellaneous Construction.
calendar days.
2.00%.
work called for on this project: (GF-2 or
GF-98) and (GA-1 or GA-98).
Plans and specifications may also be examined at the office of the District Highway
Engineer,
Timothy
Parker,
Albuquerque, New Mexico.
FEDERAL AID PROJECT
4100480
CN 4100480
1-25, MP 351.669 to 352.790 located in
San Miguel County. The approximate
Existing Bridge w/2 Span Prestressed
Concrete Box Girders, Cast-in-Place
Concrete Deck Slab , Approach Slabs,
Concrete Barrier Railing), Roadway and
Ramp Reconstruction, Pavement Sections
(Flexible ), Ramp Rehabilitation, Cold
Milling w/Inlay (Flexible), Earthwork
(Borrow), Curb & Gutter, Metal Barrier
Installation, Structures (Culverts, CBC
Extension, Drop Inlet), Erosion Control
Measures, Traffic Control (Phasing,
Detour),
Permanent
Signing
and
Miscellaneous Construction.
working days.
3.50%.
work called for on this project. (GF-2 or
Plans and specifications may also be examined at the office of the District Highway Engineer, David Trujillo, Las Vegas,
New Mexico.
(4)
FEDERAL AID PROJECT
5100160
CN 5100160
1-25, MP 293.22 to MP 294.620 located
in Santa Fe County. The approximate
Existing CBC w/Single Span Prestressed
Concrete Slab Girders, Cast-in-Place
Concrete Deck Slab , Approach Slabs,
Concrete Barrier Railing), Roadway and
Ramp Reconstruction, Pavement Sections
(Flexible)), Roadway Rehabilitation, Cold
Milling w/Inlay (Flexible), Earthwork
(Borrow, Rock Excavation), Metal
Barrier Installation, Concrete Wall
Barrier, Post & Cable Barrier, MSE Wall,
Structures
(Culverts,
Drop
Inlets,
Manholes), Erosion Control Measures,
Traffic Control (Phasing, Detour),
Permanent Signing and Miscellaneous
Construction.
working days.
Continued on page 3
INVITATION FOR BIDS
4.00%.
Plans and specifications may also be examined at the office of the District Highway Engineer, Miguel Gabaldon, Santa
Fe, New Mexico.
FEDERAL AID PROJECT
5100161
CN 5100161
1-25, MP 294.500 to MP 299.550 located
in Santa Fe County. The approximate
ROADWAY REHABILITATION, Cold
Milling w/Overlay (Flexible), Traffic
Control (Phasing) and Miscellaneous
Construction.
calendar days.
3.00%.
work called for on this project: (GA-1 or
GA-98).
Fe, New Mexico.
FEDERAL AID PROJECT
5100790
CN 5100790
US 84/285 and County Road 73
Interchange located in Santa Fe County.
The approximate length is 0.038 miles.
BRIDGE REHABILITATION, (Replace
existing Approach Slabs, Sleeper
Footings, Transition Slabs and Concrete
Wall Barrier ), Roadway Rehabilitation,
Cold Milling wanlay (Flexible), Traffic
Control (Phasing) and Miscellaneous
Construction.
calendar days.
0.00%.
Fe, New Mexico.
The U. S. Department of Labor has furnished prevailing wage rates, which are to
be paid to all classifications of labor on
Federal-Aid Projects. Presidential Executive Order 11701 requires that contractors working on Department projects
with over $10,000 in Federal Funds place
their job openings in the locale of the project. The Executive Order provides that
any non-exempt Federal Government
contracts contain affirmative action provisions to employ and advance qualified
disabled veterans and veterans of the Vietnam era. For further information, contact the New Mexico Department of
Transportation's Office of Equal Opportunity Programs located at Aspen Plaza,
1596 Pacheco Street, Suite 107, Santa Fe,
New Mexico 87504, Telephone Numbers
505.827.1774 or 1.800.544.0936.
The New Mexico Department of Workforce Solutions has furnished wage rates
to be used with the Federal Wage Rates.
Wherever differences exist between the
minimum wage rates, the higher wage
rates shall govern. These rates are set
forth in the contract.
The Contractor will abide by Section 134-13 of the Public Works Minimum
Wage Act, which states in pertinent part
"that in the event it is found by the director that any laborer or mechanic employed on the site of the project has been
or is being paid as a result of a willful violation a wage rate or fringe benefit rate
Page 3
less than the rates required, the contracting agency may, by written notice to the
contractor, subcontractor, employer or
person acting as a contractor, terminate
the right to proceed with the work or the
part of the work as to which there has
been a willful failure to pay the required
wages or fringe benefits, and the contracting agency may prosecute the work to
completion by contract or otherwise, and
the contractor or person acting as a contractor and the contractor's or person's
sureties shall be liable to the state for any
excess costs occasioned thereby."
As the successful bidder on a FederalAid contract, your firm and all subcontractors will be required to build this project under the Field Operations Handbook, Revision No. 550, June 1, 1987,
US Department of Labor.
A record of all addenda to the plans and
specifications and copies of same will be
available to all qualified bidders at the P.
S. & E. Bureau, 1120 Cerrillos Road,
General Office Complex three days prior
to the letting. Telephone Number is
505.827.6800.
The Contractor is required to submit to
the Project Manager evidence that each
apprentice being employed on the job, including apprentices used by subcontractors, is registered. This evidence must be
in the form of a copy of a card which is
issued by the appropriate Apprenticeship
Committee showing the apprentice's
name, what period of apprenticeship he is
currently in, and each such card must
show an expiration date not to exceed six
months from the date of issuance. You
may secure help in obtaining the required
evidence by contacting Katrina Vigil, of
Apprenticeship
Council,
the
505.841.8077, 401 Broadway NE, Albuquerque, New Mexico. The Contractor
must furnish evidence that all trainees and
apprentices are registered in an approved
program such as the Manpower -Development and Training Program (April
1975 Edition) of the Associated General
Contractors of New Mexico. The evidence can be obtained from the Association's office, PO Box 1928, Albuquerque,
New Mexico 87102.
The following may be obtained from the
P. S. & E. Bureau, New Mexico Department of Transportation, Room 223, 1120
Cerrillos Road PO Box 1149, Santa Fe,
NM 87504-1149, telephone number
505.827.5500, FAX 505.827.5290:
Contract Books that include bidding
documents, technical specifications
and bid forms, with a deposit of
$15.00 per Contract Book.
Complete sets of reduced plans with
a deposit of $0.30 per sheet.
Continued on page 4
INVITATION FOR BIDS
Page 4
Contractors having established an account with the P. S. & E. Bureau prior to
the publishing of the Invitation For Bids
may charge the deposits to their accounts.
Other contractors may obtain the bidding
documents by paying in advance the required deposit to the P. S. & E. Bureau.
Such deposits shall only be made by
check or money order payable to the New
Mexico Department of Transportation.
Deposits may be credited to the contractor's account or refunded by the Department, as appropriate, provided the contract bidding documents are returned prior to bid opening in usable condition by
the contractor who obtained them. Usable condition shall mean that the contract
book and plans have been returned to the
P. S. & E. Bureau in complete sets, have
not been marked, defaced, or disassembled, and no pages have been removed.
The plan sheets and contract documents
are essential parts of the Contract, and a
requirement occurring in one is as binding as though occurring in all. The plan
sheets and contract documents are intended to be complementary and to describe
and provide for a complete project Contract. It is recommended that the prospective bidder purchase both the plan
sheets and contract documents.
ment and performance bonds will be
based on the Contract amount only.
Each bid must be on the bid form furnished by the Department and the prices
quoted in the bid must represent the total
compensation for the goods or services
provided. The Contractor is responsible
for payment of all taxes due on the
amounts earned under this contract, and
that the prices quoted in the contract exclude the applicable State Gross Receipts
Tax and/or applicable local option tax.
Failure to comply with the conditions set
forth in this paragraph shall render a bid
non-responsive. Further, submittal of a
conditional bid or a bid containing material omissions or alterations shall render
the bid non-responsive.
The Office of Equal Opportunity Programs Disadvantaged Business Enterprise
of the New Mexico Department of Transportation has available a directory of
DBE contractors and firms which the
Contractor may utilize to meet the established DBE State goal of 11.91%. Contractors needing assistance with DBE Selected Provisions or Disadvantaged Business Enterprise Program should contact
the New Mexico Department of Transportation's Office of Equal Opportunity
Programs located at Aspen Plaza 1596
Pacheco Street, Suite 107, Santa Fe, New
Mexico 87504, Telephone Numbers
505.827.1774 or 1.800.544.0936.
All bids sent by mail or private carrier
must be received by the following contact person no later than the close of
business of the day preceding the bid
opening:
The Procurement Code, Sections 13-1-28
through 13-1-199 N.M.S.A. 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico
Criminal Statutes impose felony penalties
for illegal bribes, gratuities and
kick-backs.
Jeffrey E. Martinez, P.E.
1120 Cerrillos Road, Room 223
Santa Fe, NM 87505
Telephone Number 505.827.0360
The successful bidder will be required to
furnish contract payment and performance bonds in the amount of one hundred percent (100%) of the total bid price
of his bid and execute the Contract within
fifteen (15) days after receipt of preliminary notification of the award of contract.
When the award of Contract is based on
the "A+B" bidding method (contract
amount + time costs), the Contract pay-
Each bidder on Federal projects must execute a non-collusion statement to reflect
the following requirements. Title 23,
United States Code, Section I I2(c) requires, as a condition precedent to approval by the Federal Highway Administrator of the Contract for this work, that
there be filed a sworn statement executed
by, or in behalf of, the person, firm, association, or corporation to whom such
Contract is to be awarded, certifying that
such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive
bidding in connection with such contract.
This sworn statement shall be in the form
of an affidavit executed and sworn to by
the successful bidder before a person who
is authorized by laws of this State to administer oaths. The Contractor may submit an unswom declaration under penalty
of perjury in lieu of the above stated
sworn statement. Either the sworn statement or unsworn declaration shall be filed
with the Department of Transportation
prior to the award of the Contract.
The Department affords equal opportunity to all without regard to race, age, color,
religion, sex, national origin, disability,
veteran status, Vietnam Era and special
disabled veteran.
Advertisement Dates: November 22 and
29, 2013 and December 6 and 13, 2013.
Tom Church
Cabinet Secretary Designate
New Mexico Department of
Transportation
Santa Fe, New Mexico
NOTICE TO CONTRACTORS
CN 5100161 / 5100161
November 18, 2013
Ramp-Up Time
The Contractor shall commence work on this contract on the date(s) specified in
the Notice to Proceed or no later than April 28, 2014. Date selected for
commencement must be coordinated and approved by the Project Manager.
The Contractor may use this period for initial project ramp-up work such as
obtaining necessary permits, environmental clearances, stockpiling of materials,
development of shop drawings, crushing operations, pre-construction staking or
other activities that do not significantly impact traffic within the project limits. No
additional time extensions or project suspensions will be granted beyond April
28, 2014 unless for reasons caused by conditions beyond the control of and not
the fault of the Contractor.
CN 5100161 / 5100161
November 18, 2013
Critical Path Method Equipment and Training
Critical Path Method Equipment.
The Contractor shall provide a computer system for the NMDOT's exclusive possession
and use for CPM progress schedules. The minimum computer system to be furnished
shall be complete with keyboard, mouse, monitor, printer, and plotter. Two weeks prior
to the set up and delivery of the computer system, the Contractor shall submit for
approval of the Project Manager a detailed list of the computer hardware and software
the Contractor proposes to furnish. The computer hardware and software provided by
the Contractor shall be compatible with that used for the CPM progress schedule
developed for the project, and is to include original instruction manuals. The Contractor
shall furnish the CPM software, install setup, maintain and repair the computer system
ready for use, and provide plotter supplies as necessary during the course of the project
at a location determined by the Project Manager prior to the pre-construction meeting.
The hardware and software are to be installed with the baseline schedule ready for use.
Hardware repairs shall be made within 48 hours of notification by the Project Manager,
or replacement equipment shall be furnished and installed by the Contractor until repairs
have been completed. The computer, printer, and software shall remain the property of
the NMDOT until final acceptance of the project. This work shall be considered
incidental to the completion of the project and no separate measurement or payment will
be made.
Critical Path Method Training.
The Contractor shall instruct and assist the Project Manager in the use of the hardware
and software. The Contractor shall provide three 8-hour sessions of commercial training
in the use of the CPM software for a maximum of three project staff. At least one of the
8-hour sessions of commercial training shall be provided prior to the pre-construction
meeting. The time, location and training agenda shall be at the sole discretion of the
Project Manager. This work shall be considered incidental to the completion of the
project and no separate measurement or payment will be made.
CN 5100161 / 5100161
November 18, 2013
Liquidated Damages
Cold Milling, Hot Mix Asphalt Overlay, Rumble Strips and Open Graded Friction
Course Work from Station 213+58.40 to 319+18.4 on the Northbound and
Southbound lanes shall be completed by May 18, 2014. If the Contractor has not
completed the above Work by May 18, 2014, the Department will assess
liquidated damage in accordance with Supplemental Specifications for Division
100 General Provisions, Subsection 108.8 — Liquidated Damages.
CN 5100161 / 5100161
October 14, 2011
Monthly Asphalt Binder Price Adjustment Procedures
An adjustment will be made to the original Contract for asphalt binder if the industry
monthly price index of asphalt binder fluctuates. Adjustment is not optional.
Items subject to adjustment are: Asphalt Binder (in HMA Complete, WMA Complete and
OGFC Complete).
Submit applicable mix designs, including percentage of asphalt binder, for inclusion in
the price adjustment for the pay item listed above in the Contract.
For increasing prices (The monthly adjustment shall apply on those contracts whose
monthly fluctuations have a (B / C) ratio greater than 1.1). Use Equation (1).
Equation (1):
A=(B—(1.1XC))XD
For decreasing prices (The monthly adjustment shall apply on those contracts whose
monthly fluctuations have a (B / C) ratio less than 0.9). Use Equation (2).
Equation (2):
A = (B — (0.9 X C)) X D
Where:
A—
Monthly adjustment to the Contract for asphalt binder
B—
Average monthly price index per ton of asphalt binder (based on the
published NM index price corresponding to the month the binder was
actually placed on a project).
C—
Base Price Index (average selling price per ton of asphalt binder at time
of bid opening based on the published NM index price).
D—
Tons of asphalt binder placed for the subject month.
Monthly Adjustment: The asphalt binder tonnage shall have an adjustment determined
above by either Equations (1) or (2), as appropriate. All adjustments shall be based on
the average monthly price index per ton of asphalt binder corresponding to the date
(month) the binder was actually placed on a project.
For the purposes of making these calculations, the Department's State Materials Bureau
will maintain a database of monthly price indexes. This index will be based on the
average of the major suppliers in New Mexico. This index will be maintained by the
NMDOT and published on the NMDOT Plan, Specifications & Estimates (PS&E) Bureau
website. The published monthly base price index will be calculated using the following
formula:
Page 1 of 2
Price Index = Average of the reported average weekly selling prices using the
last four reported weeks on or prior to the last day of a given month as published
by the New Mexico price index.
A twenty-four month (24) month running summary of the published monthly price index
will be sent, by Department e-mail, to each District Engineer, Assistant District Engineer,
State Construction Bureau, the Albuquerque office of the Associated Contractors of New
Mexico for distribution to their members, and other interested parties at the beginning of
each week.
Quarterly Departmental (Internal) Validation Process
The Department internally will validate its price index on a quarterly basis against
published regional market indices and trends. The Department will use the average
weekly selling price for the Rocky Mountain region, as reported by the "Asphalt Weekly
Monitor©," published by Poten and Partners, Inc., New York, New York for this validation
process. The Department will adjust its index and/or revert to the information published
by Poten and Partners, Inc to ensure the indexed price for asphalt binder represents the
New Mexico market as accurately as possible.
Page 2 of 2
CN 5100161 / 5100161
November 8, 2011
Referee Testing Policy
The State Materials Bureau will have responsibility for maintaining and
administering this procedure in accordance with Section 423.3.7 and 424.3.7.
The purpose of this policy is to establish and maintain an objective method to
resolve HMANVMA testing disputes between the Contractor and the Department.
This policy establishes a means to replace disputed test results used to
determine the QLA/Non-QLA pay factor on Department Projects. If on-site
efforts and evaluations fail to discern the cause of anomalous or disputed test
results for any pay factor property, this policy can be invoked by either the
Department or the Contractor. If the air content, the VMA or the asphalt content
is disputed, then all three tests will be performed on the Referee sample by the
Referee Lab. If the bulk density is disputed, then only the bulk density of the
Referee core will be determined.
This program is intended to be completely anonymous to both the Contractor and
to the Department's Project personnel. Consequently, no specific information
relative to the location or Project from which the sample was obtained will be
available to the Referee Lab chosen. Only the State Materials Bureau will know
which Referee Lab performs the required tests.
If the air content, VMA or asphalt content is disputed, the test results determined
by the Referee Lab for all of these properties will be used in place of the original
results as the final entries for these tests. If the bulk density is disputed, the test
result for the bulk density from the Referee Lab will be used in place of the
original bulk density result. The Referee Lab test results will stand as the final
entries for the subject tests.
The State Asphalt Engineer will maintain a list of Independent AMRL Certified
Laboratories that have no involvement or interest in the specific Project.
Each referee test sample will be obtained as a part of the standard sampling
procedure. The normal randomly selected sample will be obtained as a part of
the normal sampling requirements for the Contractor and the Department. This
sample will be split in accordance with Section 901. Approximately one half
(1/2) of the initial sample will be saved as the referee sample for potential use, in
case this policy is invoked.
In the case of cores used for determining the in-place density, one (1) additional
core will be obtained from each random sample location immediately adjacent to
the original core hole either in front of or behind (in the direction of the paver
travel) the original core. Adjacent cores to the right or left will not be obtained.
Page 1 of 4
Referee cores will be obtained from the Department's sampling program only.
Cores obtained to fulfill the Contractors requirements will not have additional
referee cores obtained. Consequently, there will be no opportunity to invoke
referee testing on any in-place density results from the Contractor's testing
program.
9. All split samples, including cores, for referee testing will be clearly labeled as
Referee Samples, as directed by the Project Manager, and will be initially
maintained at the Project in accordance with 423.3.7 or 424.3.7. Information for
with each sample will include:
Control Number;
Date and time sampled;
Technician who obtained the sample;
Date tested;
Technician who performed the test;
Lot and sub-lot identification;
Station sampled;
Location i.e., SBDL, bottom mat;
In order to ensure the anonymity for each sample, this information will not be
marked directly on any sample, but will be kept with each sample.
10. When the Referee Lab is invoked by either the Contractor or the Department, it
must be done in writing within seven (7) Working Days after receiving the test
results from the other party. The correspondence shall include as a minimum:
Project/Control Number
Material Type
SML Mix Design No.
Date Sampled
Date Tested
Station Sampled
Location
Reason for disputing the other party's test results
11.At a minimum the correspondence invoking the Referee Testing will be sent to
the Project Manager, the Assistant District Engineer — Construction, the
Contractors Superintendent/Project Manager, the State Asphalt Engineer and the
District Lab Supervisor.
12.The Project Manager will deliver the referee sample to the District Lab; the
District Lab will deliver the sample to State Asphalt Engineer with only the
sample label included.
13. If it is necessary to determine the asphalt content, the Referee Lab will use the
extra set of four (4) Binder Ignition Calibration Samples to calibrate their Binder
Ignition Oven in accordance with Department requirements. Since those four
samples will consist only of the constituent mix ingredients and will not have
Page 2 of 4
been mixed, the Referee Laboratory will be required to mix the Binder Ignition
Calibration Samples at the temperature designated by the State Asphalt
Engineer using all of the ingredients submitted for this purpose prior to burning
them for determination the asphalt correction factor. If any of the Binder Ignition
ovens at the Project required the use of aggregate correction factors due to
material loss, the Referee Lab will also be instructed to utilize all of their
aggregate correction factors, regardless of whether the minimum losses
designated in AASHTO T308 have been met.
14.Upon receipt of the referee sample(s), the State Asphalt Engineer will
immediately ensure the safety, integrity and chain of custody of the sample by
placing the sample(s) in a securely locked location until the Referee Lab can be
selected and the sample delivered for the subject testing.
15. The State Asphalt Engineer will select a Referee Lab for the list of Independent
AMRL Certified Testing Laboratories which is maintained by the State Asphalt
Engineer. The Department Project personnel and Contractor personnel will have
no knowledge as to which lab has been selected for the referee testing. Every
effort will be made to rotate the referee samples to all qualified labs over time so
that that referee samples from different Projects are sent to various private
testing labs
16.The sample(s) submitted to the Referee Lab will have no identification or other
markings which might provide any information related to the source or location of
the material or the Project for which the testing is being performed. Only that
information required by the Referee Laboratory to complete the test will be
provided to the laboratory.
The Referee Lab will be notified that time is of the essence. Test results and all
worksheets must be reported in writing to the State Asphalt Engineer as soon as
possible, but must be received by the State Asphalt Engineer not more than ten
(10) Working Days after the Referee Test has been invoked.
The State Asphalt Engineer will immediately electronically transmit the results to
the District Laboratory Supervisor, the Assistant District Engineer — Construction
and the Project Manager. The Project Manager will immediately transmit this
information to the Contractor.
19.The Project Manager will notify the Contractor's Project Superintendent of what
the test results are. Additionally, the Referee test result(s) will be entered into
the QLA/Non-QLA spreadsheet replacing the disputed test results and saved
under a separate file name so that the original QLA/Non-QLA file will not be lost.
20. It will be determined whether the Referee test results increased or decreased the
combined pay factor. If the Referee test results increase the pay factor, the
Department will pay the cost of the Referee testing in accordance with Table 1:
"Costs of Referee Testing" shown below. If the Referee test results reduce the
pay factor or leave the pay factor the same, the Contractor will pay the cost of the
Referee testing in accordance with Table 1: "Costs of Referee Testing". If the
Page 3 of 4
Contractor is responsible for the cost of the Referee testing, a negative Change
Order will be processed reflecting these charges.
Table 1: "Costs of Referee Testing"
Test
Price
Air
ContentNMA
$500
Asphalt
Content
$750
Bulk Density
$50
21. The results of the referee test sample shall be incorporated immediately after the
referee test samples have been reported. The Project Manager will not wait until
the end of the Lot to enter the test results to determine whether the combined
test results validate, as determined in accordance with Section 901.
If the Referee Lab is not invoked within seven (7) Working Days of receiving test
results the original test results will be deemed accepted and the referee test
samples shall be disposed of.
Page 4 of 4
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
RACE-CONSCIOUS MEASURES
FORM No. A-644
July 21, 2010
CN 5100161
This Project is subject to race-conscious measures. The established DBE Goal for this project
3.00 %.
is
Within five (5) working days after the bid opening, ALL BIDDERS shall submit written
confirmation from each DBE listed on their Form A-585, DBE A-1 that it is participating in the
contract. All Bidders shall provide the required information as indicated on Form No. A-644.
These forms shall be submitted to Office of Equal Opportunity Programs (OEOP) located at
Aspen Plaza, 1596 Pacheco Street, Suite 107, Santa Fe NM, 87505. OEOP can be contacted
at Telephone No. 1-800.544.0936 or 505.827.1774 and FAX No. 505.827.1779. Forms will be
accepted until 4:00 PM within five (5) working days after the bid opening.
FAILURE TO COMPLY ji(jiti. MIS IMMUREMENT SHALL RENDER A BID NONtettED.
RESPONSIVE AND tHESISHAta
Form No. A-644
Rev 7.21.2010
New Mexico Department of Transportation
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
Control No.
DBE Name & Address
Une#
Item Description
Amount
Total:
IF ANY FIRM LISTED ABOVE IS A MATERIAL SUPPLIER, BUT NOT THE MANUFACTURER, THE CONTRACTOR MAY CREDIT
ONLY 60% OF THE EXPENDITURE TO THE SUPPLIER, FOR FINAL PAYMENT. THE PRIME CONTRACTOR MAY CERTIFY THAT
FINAL PAYMENT WILL BE MADE TO DBE UPON HIS RECEIPT OF PAYMENT.
thereinafter "DBE Firm"
I affirm that I am an authorized representative of Name of DBE Firm
Signature of Authorized DBE Representative
Printed Name of Authorized DBE Representative
Further, I affirm my participation in the contract for Name of Contractor
Subscribed and sworn to before me this day of 20
Notary Seal
Notary Public
My Commission expires: NOTICE TO CONTRACTORS
September 16, 2013
Temporary Access Control Breaks
All pertinent provisions of the current New Mexico Department of Transportation's
(Department) Standard Specifications for Highway and Bridge Construction shall apply
in addition to the following.
The Department cannot guarantee a Temporary Access Control Break for any
Project.
All Bidders shall Bid the Work using established Interchanges and routes for all haul
related activities.
It is the policy of the Department and the Federal Highway Administration (FHWA) to
strongly discourage any Temporary Access Control Break within a two (2) mile (mi)
radius of an existing access control break.
Any and all costs associated with a Temporary Access Control Break, shall be
considered incidental to the construction of the Project, including but not limited to:
Traffic control devices, traffic control plan and management;
Costs associated with obtaining pertinent information for and providing a traffic
control plan necessary for the approval of a temporary Right of Way (ROW)
access control break request;
SWPPP preparation and management;
Construction of any access roads, median crossovers, accel, decel or turning
lanes or other construction needed to use access break(s);
Removal and restoration; and,
Best management practices.
Process
Temporary Access Control Break requests shall be submitted to the Project Manager a
minimum of ten (10) Days prior to the Pre-Construction Conference, in accordance
with Section 108.2 "Notice To Proceed and Pre-Construction Conference", item
numbers four (4) and fifteen (15).
The Contractor shall fill out Form C-196 and provide the form and associated pertinent
documentation to the Project Manager.
Review and decision of the Temporary Access Control Break request can take up to
30 Days. Re-submittals of Temporary Access Control Break requests shall restart the
review process timeline. No additional Contract time or compensation shall be
provided for the Temporary Access Control Break process.
If by the date of the Pre-Construction Conference the Temporary Access Control
Break request is not approved, the Contractor shall continue with the Work utilizing the
as Bid, established Interchanges and routes.
The Contractor is hereby advised that the Temporary Access Control Break if
approved can be revoked, without re-instatement, if the Contractor fails to comply with
the terms and conditions of the approval.
Conditions
If a Temporary Access Control Break request is approved the following standard
conditions shall apply.
Each access break point must be approved individually and must be approved
for each applicable project.
No more than two (2) Temporary Access Control Breaks will be allowed on any
one (1) Project.
Traffic control shall be in accordance with the current version of the Manual of
Uniform Traffic Control Devices (MUTCD).
Minor modifications may be
necessary to fit field conditions.
In no case will Equipment be allowed to cross an active lane of traffic.
The Temporary Access Control Break shall be closed during non-working hours.
All Work required to construct and to restore the Temporary Access Control
Break to Original Condition shall be the responsibility of the Contractor unless
otherwise approved by the Department.
No loaded scrapers will be allowed on the paved portion of Interstate.
The Contractor is not allowed to haul in the direction of opposing traffic unless
positive protection is provided by the Contractor.
Additional conditions may be provided upon approval of the Temporary Access Control
Break as noted on Form C-196.
Form No C-196
Rev 9/13
TEMPORARY ACCESS CONTROL PERMIT REQUEST
I/we request approval of a temporary Right of Way (ROW) access control break in connection with our Project. A vicinity map
is attached identifying the location of the access break and all roads, interchanges medians, crossovers, major drainages,
fences, pipelines, power lines and any previously approved access breaks that may be affected by this temporary access break.
Also attached is a traffic control plan designed and stamped by a New Mexico registered Professional Engineer, identifying all
traffic control devices, spacing, distances, vehicle paths and flagmen etc. that relate to-the-traffic control operations.
Contractor may attach additional pages as necessary to fully address each question below:
Control Number, Route and Location of Proposed Access Break (station or milepost): Traffic Control Locations (station or milepost): Purpose of Break:
Type of Vehicles Using Break: Route AADT: Contractor's Proposed AADT Utilizing Break: Proposed Days and Time of Operation:
Proposed Duration of Access Break: Work Required to Construct and to Restore Temporary Access Break to Original Condition: Other Available Alternatives: Additional conditions set by the Department or detailed by other agencies (i.e. FHWA, BLM etc.): I/we certify that I/we will comply with the traffic control plan submitted, as may be modified by the Department, with the
standard conditions of approval, the terms and conditions set forth in the NTC "Temporary Access Control Break" and any
additional conditions set forth with the approval of the Temporary Access Control Break detailed by the Department.
I we understand that this approval can be revoked at any time by the Project Manager , without re-instatement if we fail to
fully comply with the terms and conditions of this approval.
Printed Name of Requestor, Printed Title of Official for Requestor, Signature and Date
Recommended
Printed Name of Project Manager, Signature and Date
Printed Name of District Engineer, Signature and Date
Concurred
Printed Name of State Construction Engineer, Signature and Date
Approved
Printed Name of Federal Highway Administration Representative, Signature and Date
Incorporated in this contract are three Special Provisions on Equal Employment Opportunity
designated as PR-1273 Supplements. These are: (1) Specific Equal Employment Opportunity
Responsibilities (23 USC 140); (2) Notice of Requirements for Affirmative Action to Ensure
Equal Employment Opportunity (Executive Order 11246); and (3) Standard Federal Equal
Employment Opportunity Construction Contract Specifications (Executive Order 11246). This
notice is to clarify the responsibilities for review of compliance and enforcement for these
separate special provision requirements.
The first of the special provisions cited above covers the requirements for the equal employment
opportunity program under Title 23 for which the New Mexico Department of Transportation
(NMDOT) is responsible. The NMDOT performs the necessary compliance review and
enforcement of this special provision which is applicable to all contractors holding Federal-Aid
highway contracts.
The latter two special provisions are for the specific equal opportunity requirements for
Executive Order 11246 which is the sole responsibility of the Office of Federal Contract
Compliance Program (OFCCP), Department of Labor. Review and enforcement under these
special provisions is performed by OFCCP.
OFCCP has, under Paragraph 8 of the Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order 11246) recognized the Associated
Contractors of New Mexico's Heavy Highway Affirmative Action Plan as meeting the provisions
of that special provision and special provision (2) cited above. With this recognition, those
contractors signatory to the ACNM Plan have been waived from individual review of OFCCP.
However, OFCCP retains the right to review any such contractors whenever circumstances
warrant. Also, contractors non-signatory to the ACNM Plan are subject to OFCCP review under
EO 11246.
FHWA-1273 — Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
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 I debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
General
Nondiscrimination
Nonsegregated Facilities
Davis-Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act
Provisions
Subletting or Assigning the Contract
Safety: Accident Prevention
False Statements Concerning Highway Projects
Implementation of Clean Air Act and Federal Water
Pollution Control Act
Compliance with Govemmentwide Suspension and
Debarment Requirements
Certification Regarding Use of Contract Funds for
Lobbying
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 project on 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.
ATTACHMENTS
II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
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.
I. GENERAL
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), 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.
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 contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 601.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications In 41 CFR 60-4.3.
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.
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.
Form FHWA-1273 must be included in all Federal-aid designbuild 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
Form FHWA-1273 must be physically incorporated (not
referenced) In all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
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 1630, 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
Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
1
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
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.
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.
The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified 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.
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 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, pre-apprenticeship, and/or on-thejob training."
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 nondiscrimination provisions.
EEO Officer: The contractor will 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.
c. The contractor will encourage 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
Dissemination of Policy: All members of the contractor's
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
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
contractors EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
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.
All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
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 will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
Notices and posters setting forth the contractors 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.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
2
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.
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.
Consistent with the contractors 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).
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.
The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
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.
The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
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 or through a contractors
association acting as agent, will include the procedures set
forth below
The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT-approved DBE program are incorporated by
reference.
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.
The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
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.
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.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEC/
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.
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 shall set forth what efforts have
been made to obtain such information.
a. The records kept by the contractor shall document the
following:
The number and work hours of minority and nonminority group members and women employed in each work
classification on the project;
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.
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 for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract wort 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 on-the-job
training is being required by special provision, the contractor
8. Reasonable Accommodation for Applicants I
Employees with Disabilities: The contractor must be familiar
3
will be required to collect and report training data. The
employment data should reflect the work force on board 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 shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 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 employers 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.
NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 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 contractors obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractors control, where
the facilities are segregated. The term 'facilities" includes
waiting rooms, 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.
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 only when the following criteria have been met:
DAVIS-BACON AND RELATED ACT PROVISIONS
The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-ofway 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 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.
If the contractor and 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 of the 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.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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.
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 Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
4
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.
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.
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 benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
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.goviesa/whellformsNA347instr.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..
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.
Withholding
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 federallyassisted 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.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(1) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
Payrolls and basic records
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 eamed, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
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 Labor 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-
(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.
5
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.
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
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.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a 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.
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 grounds for debarment action pursuant to 29 CFR 5.12.
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.
4. Apprentices and trainees
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the 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.
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 joumeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding joumeyman 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 and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
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 subcontractor's registered
program shall be observed.
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.
Equal employment opportunity. 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.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
6
d. Apprentices and Trainees (programs of the U.S. DOD.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
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.
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 terms laborers and mechanics
include watchmen and guards.
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 of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half limes the basic rate of pay for all hours
worked in excess of forty hours in such workweek
Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
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.
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, including watchmen 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.
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.
Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
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.
Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting 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
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
Certification of eligibility.
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).
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).
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.
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
7
VI. SUBLETTING OR ASSIGNING THE CONTRACT
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
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 contractors own organization
(23 CFR 635.116).
VII. SAFETY: ACCIDENT PREVENTION
T his pr o vision is applicable to all Federal-aid
construction contracts and to all related subcontracts.
In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
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 or
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 of the following conditions:
It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
the prime contractor remains responsible for the quality
of the work of the leased employees;
the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
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.
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 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
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 of the overall contract.
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
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.
T hi s pr o vision is 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
by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
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
18 U.S.C. 1020 reads as follows:
8
"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 furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
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
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.
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;
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 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).
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. 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, will be deemed to have stipulated as follows:
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.
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.
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.
The prospective first tier 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.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
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 180 and 1200.
A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant 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 (httos ://www.eolsrtov/) which is
compiled by the General Services Administration.
1. Instructions for Certification — First Tier Participants:
By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
9
this transaction originated may pursue available remedies,
including suspension and/or debarment.
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.
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.
Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
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).
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:
Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or 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;
The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
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
A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant 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 (taps://www.eplsnovrt which is
compiled by the General Services Administration.
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)
Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
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
10
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:
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.
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.
Xl. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
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:
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.
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.
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.
11
ATTACHMENT A • EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
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.
This provision is applicable to all Federal-aid projects funded
under the 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:
To the extent that qualified persons regularly residing in
the area are not available.
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
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as 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 employees 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 course 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.
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.
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
certificate 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 (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
SPECIAL PROVISION
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
(23 U.S.C. 140)
1. GENERAL
a. Equal employment opportunity requirements not to discriminate and to take affirmative
action to assure equal employment opportunity as required by Executive Order 11246
and Executive Order 11375 are set forth in Required Contract Provisions (Form PR1273 and Supplements) and these Special Provisions which are imposed pursuant to
Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal-Aid Highway
Act of 1968. The requirements set forth in these Special Provisions shall constitute the
specific affirmative action requirements for project activities under this contract and
supplement the equal employment opportunity requirements set forth in the Required
Contract Provisions. The initial measure of the Contractor's good faith efforts to comply
with these Special Provisions shall be its efforts to meet the goals set forth in the "Notice
of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
Executive Order 11246Y' for minority and female participation expressed in percentage
terms for the Contractor's work force in each trade on this project.
The contractor will work with the New Mexico Department of Transportation and the
Federal Government in carrying out equal employment opportunity obligations and in
their review of his/her activities under the contract.
The contractor and all his/her subcontractors holding subcontracts not including material
suppliers, of $10,000 or more, will comply with the following minimum specific
requirement activities of equal employment opportunity: (The equal employment
opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4,
Section 1, Subsection 1 of the Federal-Aid Highway Program Manual, are applicable to
material suppliers as well as contractors an subcontractors.) The contractor will include
these requirements in every subcontract of $10,000 or more with such modification of
language as is necessary to make them binding on the subcontractor.
2. 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.
1 of 6
Federal-Aid Highway Program Manual Transmittal 147, June 26, 1975
Vol. 6, Ch. 4, Sec.1
Subsec. 2, Attach. 1
Equal Employment Opportunity Officer
The contractor will designate and make known to the New Mexico Department of
Transportation contracting officers an equal employment opportunity officer (hereinafter
referred to as the EEO Officer) who will have the responsibility for and must be capable
of effectively administering and promoting an active contractor program of equal
employment opportunity and who must be assigned adequate authority and
responsibility to do so.
Dissemination of Policy
a. All members of the contractor's staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who are substantially involved
in such action, will be made fully cognizant of, and will implement, the contractor's equal
employment opportunity policy and contractual responsibilities to provide equal
employment opportunity 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:
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 equal employment opportunity policy and its implementation will
be reviewed and explained. The meetings will be conducted by the EEO Officer or
other knowledgeable company official.
All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer or other knowledgeable company official covering
all major aspects of the contractor's equal employment opportunity obligations within
thirty days following their reporting for duty with the contractor.
3) All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer or appropriate company official in the contractor's procedures for
locating and hiring minority group employees.
b. In order to make the contractor's equal employment opportunity policy known to all
employees, prospective employees and potential sources of employees, i.e., schools,
employment agencies, labor unions (where appropriate), college placement officers,
etc., the contractor will take the following actions:
Notices and posters setting forth the contractor's equal employment opportunity
policy will be placed in areas readily accessible to employees, applicants for
employment and potential employees.
The contractor's equal employment opportunity 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.
2 of 6
Federal-Aid Highway Program Manual
Transmittal 147, June 26, 1975
5. 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 published in newspapers or other publications having a large circulation among
minority groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employees referral sources
likely to yield qualified minority group applicants, including, but not limited to, State
employment agencies, schools, colleges and minority groups organizations. To meet this
requirement, the contractor will, through his EEO Officer, identify sources of potential
minority group employees, and establish with such identified sources procedures
whereby minority group applicants may be referred to the contractor for employment
consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with equal employment
opportunity contract provisions. (The U.S. Department of Labor has held that where
implementation of such agreements have the effect of discriminating against minorities
or women, or obligates the contractor to do the same, such implementation violates
Executive Order 11246, as amended).
c. The contractor will encourage his present employees to refer minority group applicants
for employment by posting appropriate notices or bulletins in areas accessible to all such
employees. In addition, information and procedures with regard to referring minority
group applicants will be discussed with employees.
6. Personnel Actions
Wages, working conditions, and employee benefits shall be established and administered,
and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex,
national origin. The following procedures shall be followed:
The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project site
personnel.
The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
3 of 6
Transmittal 147, June 26, 1975 Vol. 6, Ch. 4, Sec.1
The contractor will periodically review selected personnel actions in depth to determine
whether there is evidence of discrimination. Where evidence is found, the contractor will
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.
The contractor will promptly investigate all complaints of alleged discrimination made to
the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a reasonable
time. If the investigation indicates that the discrimination may affect persons other than
the complainant, such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every complainant of all of his
avenues of appeal.
7.
Training and Promotion
The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training programs,
i.e., apprenticeship, and on-the-job training programs for the geographical area of
contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event the
Training Special Provision is provided under this contract, this subparagraph will be
superseded as indicated in Attachment 2.
The contractor will advise employees and applicants for employment of available training
programs and entrance requirement for each.
The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for such
training and promotion.
8.
Unions
If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by
such unions of minority and female employees. Actions by the contractor either directly or
through a contractor's association acting as agent will include the procedures set forth
below:
4 of 6
Federal-Aid Highway Program Manual Transmittal 147, June 26, 1975
The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women for
membership in the unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
The contractor will use best efforts to incorporate an equal employment opportunity
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, or national origin.
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 New Mexico Department of
Transportation and shall set forth what efforts have been made to obtain such
information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, or national origin,
making full efforts to obtain qualified and/or qualifiable minority group persons and
women. (The U.S. Department of Labor has held that it shall be no excuse that the union
with which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order 11246,
as amended, and these special provisions, such contractor shall immediately notify the
New Mexico Department of Transportation.
9. Subcontracting
The contractor's attention is called to the Special Provision on Minority Business
Enterprise in Federal-Aid Highway Construction.
The contractor will use his best efforts to ensure subcontractor compliance with their
equal employment opportunity obligations.
10. Records and Reports
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:
1) the number of minority and non-minority group members and women employed in
each work classification on the project,
5 of 6
Transmittal 147, June 26, 1975 Vol. 6, Ch. 4, Sec.1
the progress and efforts being made in cooperation with unions to increase
employment opportunities for minorities and women (applicable only to contractors
who rely in whole or in part on unions as a source for their work force),
the progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority and female employees, and
4) the progress and efforts being made in securing the services of minority group
subcontractors or subcontractors with meaningful minority and female representation
among their employees.
All such records must be retained for a period of 3 years following completion of the
contract work and shall be available at reasonable times and places for inspection by
authorized representatives of the New Mexico Department of Transportation and the
Federal Highway Administration.
The contractors will submit an annual report to the New Mexico Department of
Transportation each July for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently engaged in each work
classification required by the contract work. This information is to be reported on Form
PR 1391. If on-the-job training is being required by "Training Special Provisions", the
contractor will be required to furnish form FHWA 1409.
6 of 6
Revised 6/27/06
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS*
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
"Covered area" means the geographical area described in the solicitation from
which this contract resulted;
"Director" means Director, Office of Federal Contract Compliance Programs,
United States Department of Labor, or any person to whom the Director
delegates authority;
"Employer identification number" means the Federal Social Security number
used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department
Form 941
"Minority" includes:
(i)
(H)
Black (all persons having origins in any of the Black African racial groups
not of Hispanic origin);
Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
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 indentifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the
Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those
trades which have unions participating in the Plan.
1 of 6
Standard EEO Specifications (6/27/06)
Contractors must be able to demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each Contractor or Subcontractor
participating in an approved Plan is individually required to comply with its obligations
under the EEO clause, and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall good faith performance
by other Contractors 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.
The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7 a though 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.
Neither the provisions of any collective bargaining agreement, nor the failure by a
union with whom the Contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the Contractor's obligations under these
specifications. Executive Order 11246, or the regulations promulgated pursuant
thereto.
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.
The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully, and shall implement affirmative action
steps at least as extensive as the following:
2 of 6
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.
Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organization's responses.
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.
Provide immediate written notification to the Director when the union or unions
with which the Contractor has a collective bargaining agreement has not referred
. 11 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.
Develop on-the-job training opportunities and/or participate in training programs
for the area which expressly include minorities and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractor's
employment needs, especially those programs funded or approved by the
Department of Labor. The contractor shall provide notice of these programs to
the sources complied under 7 b above.
Disseminate the Contractors EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual
and collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
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Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employment
decisions including specific review of these items with on-site supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation
of construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
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.
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, screenings
procedures, and tests to be used in the selection process.
Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a Contractor's workforce.
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 evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees
to seek or to prepare for, through appropriate training, etc., such opportunities.
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.
Ensure that all facilities and company activities are nonsegregated except that
separate or single-user toilet and necessary changing facilities shall be provided
to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation
of solicitations to minority and female contractor associations and other business
associations.
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p. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
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, ensures 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.
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
Lsubstantially disparate manner (for example, even though the Contractor has
sachieved its goals for women generally, the Contractor may be in violation of the
,Executive Order if a specific minority group of women is underutilized).
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.
The Contractor shall not enter into any Subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
The Contractor shall carry out such sanctions and penalties for violations 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.
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.
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The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to submit
reports relating to the provisions hereof as may be required by the Government and
to keep records. Records shall at least include for each employee the name,
address, telephone numbers, construction trade, union affiliation if any, employee
identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the 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.
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).
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Revised 10/27/83
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY *
(EXECUTIVE ORDER 11246)
The Offeror's or bidder's attention is called to the "Equal Opportunity Clause" and
the "Standard Federal Equal Employment Opportunity Construction Contract
Specifications" set for herein.
The goals and timetables for minority and female participation, expressed in
percentage terms for the contractor's aggregate workforce in each trade on all
construction work in the covered area, are as follows:
Goals for female participation in each trade:
6.9%
Goals for minority participation for each trade:
38.3% - (SMSA Counties: Bernalillo and Sandoval)
45.9% - (Non SMSA Counties: Catron; Colfax; De Baca; Guadalupe;
Lincoln, Los Alamos; McKinley; Mora; Rio Arriba; San Juan;
San Miguel; Santa Fe; Socorro; Taos; Torrance; Valencia and
Ci bola)
49% - (Non SMSA Counties: Chaves; Dona Ana; Eddy; Grant;
Hidalgo; Luna; Otero and Sierra)
19.5% - (Non SMSA Counties: Lea and Roosevelt)
11% - (Non SMSA Counties: Curry, Harding, Quay and Union)
These goals are applicable to all the Contractor's construction work (whether or
not it is Federal or federally assisted) performed in the covered area. If the
contractor performs construction work in a geographical area located outside of
the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area, the
contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set
forth in a 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
1
Notice to Ensure EEO (10/27/83)
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 60-4. Compliance with the goals will be
measured against the total work hours performed.
The contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification shall list the
name, address, and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated
starting and completion date of the subcontract; and the geographical area in
which the contract is to be performed.
As used in this Notice, and in the contract resulting from this solicitation, the
"covered area" means the geographical area described in the solicitation from
which this contract resulted.
'THIS NOTICE SHALL BE INCLUDED IN, AND SHALL BE A PART OF, ALL
SOLICITATIONS FOR OFFERS AND BIDS ON ALL FEDERAL AND
FEDERALLY ASSISTED CONTRUCTION CONTRACTS OR SUBCONTRACTS
IN EXCESS OF $10,000 TO BE PERFORMED IN GEOGRAPHICAL AREAS
DESIGNATED BY THE DIRECTOR OF OFCCP. EXECUTION OF THE
CONTRACT BY THE SUCCESSFUL BIDDER AND ANY SUBSEQUENT
SUBCONTRACTS WILL BE CONSIDERED THE CONTRACTOR'S AND
SUBCONTRACTOR'S COMMITMENT TO THE EEO PROVISIONS
CONTAINED IN THIS NOTICE.
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ON THE JOB TRAINING PROGRAM AND SPECIAL PROVISION
JANUARY 1, 2012
I. PROGRAM DESCRIPTION
Purpose
The New Mexico Department of Transportation (NMDOT) created its On the Job Training
Program and Special Provision (OJT Program) to fulfill the Training Special Provision
requirements of federal-aid construction contracts included in 23 CFR 230, Appendix B to
Subpart A. The purpose of the OJT Program is to address the underrepresentation of minority
and female workers in the construction trades through the assignment of OJT goals. To that end,
the primary objective of the OJT Program is the training and upgrading of minorities and females
to journeyman status on NMDOT federal-aid contracts.
Program Summary
The OJT Program fulfills its objective by: (1) fostering long-term relationships between
contractors and trainees, (2) encouraging contractors to assist trainees in fully attaining
journeyman status, and (3) offering contractors abundant flexibility in fulfilling their training
obligations. The OJT Program assigns contractors an annual training goal based on past dollar
amounts awarded to the contractor as an NMDOT federal-aid prime contractor.
Contractors may assign eligible trainees that are enrolled in an approved training program, as
outlined in Section II A, to any construction project on which the contractor is a prime, including
non-NMDOT projects. Contractors may also assign trainees to be trained by subcontractors on
any project, so long as the prime contractor retains the primary responsibility for fulfilling its
federal-aid training requirements.
Contractors shall make every effort to meet their OJT Program goals by enrolling minority and
female trainees (i.e. by conducting systematic and direct recruitment through public and private
sources likely to yield minority and female trainees) to the extent that such persons are available
within a reasonable area of recruitment. When a contractor cannot meet its annual training goal
with minorities and females, it is responsible for demonstrating its Good Faith Efforts taken to
meet the goal. Examples of what actions constitute Good Faith Efforts are set forth in Section III
below. NMDOT will make compliance determinations regarding the OJT Program based upon
either attainment of the annual goal or the Good Faith Efforts to meet it.
No employee shall be employed as an apprentice or trainee in any classification in which he or
she has successfully completed a training course leading to journeyman status or in which he or
she has been employed as a journeyman. The contractor shall satisfy this requirement by
including appropriate questions in the employment application or by other suitable means.
Regardless of the method used, the contractor's records shall document the findings in each case.
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Such records shall be available for inspection by authorized representatives of NMDOT and the
Federal Highway Administration (FHWA).
The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the
terms of the approved training program being utilized. When a specific ratio is not provided, the
ratio of apprentices and trainees to journeymen expected to be on the contractor's work force
during normal operations shall, pursuant to 23 CFR 230.111(c)(10), fall between 1:10 and 1:4.
C. Annual Training Goal
The NMDOT Office of Equal Opportunity Programs will notify contractors assigned an annual
training goal prior to the beginning of the calendar year (January 1 to December 31) within
which they must participate. Contractors are assigned an annual training goal based on the dollar
amount awarded to the contractor as an NMDOT federal-aid prime contractor during the
previous state fiscal year (July 1 through June 30). More specifically, each contractor
cumulatively awarded ten million dollars or more as a prime contractor on NMDOT federal-aid
projects during the previous state fiscal year is assigned and shall commit to train, certify and
advance one trainee to journeyman worker status during and before the expiration of the calendar
year. The trainee must begin training during the calendar year within which the contractor must
participate and trainee time cannot "roll-over" from one calendar year to another for purposes of
meeting the annual goal.
While NMDOT strongly encourages contractors to independently provide on the job training on
their projects, only those contractors who have reached the above-mentioned threshold are
required to participate in and are bound by the provisions of this OJT Program. When a
contractor is not assigned an annual training goal but still utilizes trainees/apprentices on a
federal-aid project, the contractor will not be reimbursed for training hours under the OJT pay
item, but the contractor may pay the trainees/apprentices the wages allowed in the approved
training program, which may be less that the minimum pay rate for the classification. The
contractor is still required to use an approved training program, register its trainees in the
program, pay trainees according to the program, and show trainees on its payrolls as required by
FHWA-1273, Sections IV and V.
II. PROGRAM REQUIREMENTS
A. Use of Approved Training Program
NMDOT recognizes four types of contractor based training programs Those programs are:
contractor in-house training programs that have received prior approval from both FHWA and
NMDOT; training programs approved in other states subject to proof of approval; the approved
Workforce Development Program provided through the Associated Contractors of New Mexico
(ACNM); and the New Mexico Department of Workforce Solutions' State Apprenticeship
Council programs (e g union apprenticeships, if the contract employees are otherwise eligible).
If a contractor wants to use a training program other than one of the four mentioned above, the
contractor must have the program approved by NMDOT and FHWA prior to commencing work.
All training programs must be administered in a manner consistent with the equal employment
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obligations of federal-aid highway construction contracts. NMDOT reserves the right to request
documentation that a program fulfills these obligations. Contractors must ensure that each
trainee does not exceed the maximum number of training hours required for the completion of
the selected training program
Wage Requirements
Contractors must pay each approved trainee at the appropriate percentage of journeyman's wage
rate based on the approved training program and consistent with applicable State and Federal
regulations and guidance.
Reporting Requirements
Contractors must submit the following documents to the administrator of the approved training
program being utilized, the NMDOT Office of Equal Opportunity Programs, and, for NMDOT
federal-aid projects, to the Project Manager:
Contractors shall complete and submit Form A-2201, Contractor OJT Enrollment Form,
within seven business days of the contractor's intent to assign a trainee(s) to a project.
For NMDOT federal-aid projects, Contractors shall complete and submit form A-2203,
OJT Program Labor Classification Request within seven business days of the contractor's intent
to assign a trainee(s) to a project.
Contractors shall complete and submit Form A-2202, OJT Program Monthly Reporting
3.
Form, on or before the 10th of each month, reporting on the preceding month.
Contractors shall submit to the NMDOT Office of Equal Opportunity Programs an Annual
Summary Report by January 20th of the following calendar year. The report must give an
accurate account of all trainee hours; identifying each trainee by name, ethnicity and gender and
identifying each project and/or contract and the trainee hours attributed thereto.
Contractors should also note that:
Monthly reports submitted after January 10th of the
following year will not be accepted or considered towards goal
attainment for the previous calendar year.
If a contractor did not attain its annual goal, it must submit, with its
Annual Summary Report, documentation of its Good Faith Efforts to
attain the goal (see Section III below).
Contactors should only submit paperwork for individuals accepted and enrolled in an approved
training program as outlined in Section II A, and not for individuals participating in other
training and/or apprenticeship programs.
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Contractor Participation
The contractor's Equal Employment Opportunity Officer (EEO Officer) shall be responsible for
monitoring and administering the trainees' progress. The EEO Officer shall serve as the point of
contact for NMDOT representatives regarding information, documentation, and conflict
resolution. The contractor shall furnish each trainee a copy of the Training Program and other
documentation related to the training program. The contractor shall further make every
reasonable effort to provide training that develops skills as required by the training program The
contractor shall furnish to each trainee, upon successful completion of their training program, a
certificate showing the type and length of training satisfactorily completed.
Contractor Reimbursement
Except as otherwise noted below, NMDOT will reimburse the contractor 80 cents per hour of
training given an employee on a State or Federal-aid project in accordance with an approved
training program. Reimbursements will be made upon submission to and approval by the Project
Manager of a request for change order with the properly completed OJT monthly reporting forms
attached. Reimbursement will not be made for a trainee's hours that exceed the maximum
number of training hours required for the completion of the selected classification in the training
program.
III
Good Faith Efforts
If a contractor does not or can not achieve its annual training goal with female or minority
trainees, it must produce adequate Good Faith Efforts documentation. Good Faith Efforts are
those efforts designed to achieve equal opportunity through positive, aggressive, and continuous
result-oriented measures. (23 CFR 230.409(g)(4)). Good Faith Efforts should be taken as trainee
hiring opportunities arise. Whenever a contractor requests NMDOT approval of someone other
than a minority or a female for credit towards its annual training goal, the contractor must submit
documented evidence of its Good Faith Efforts to fill that position with a minority or female.
NMDOT will consider all contractors' documentation of Good Faith Efforts on a case-by-case
basis, and take into account the following.
Availability of minorities and females for training;
The potential for effective training;
Duration of the contract;
Dollar value of the contract;
Total normal work force that the average bidder could be expected to use
Geographic location;
Type of work;
The need for journey level individuals in the area.
Good Faith Efforts may include, but are not limited to, documentation of efforts to:
4
Contact minority and female employees to gain referrals on other minority
and female applicants;
Upgrade minority and female unskilled workers into the skilled
classifications when possible;
Accept applications at the project site or at the contractor's office;
Review and follow up on previously received applications from
minorities and females when hiring opportunities arise;
Maintain evaluations that monitor efforts made to achieve
diversity on federal-aid projects and the contractor's workforce in
general (i.e. significant numbers of minorities and females employed
on a company wide basis);
NMDOT may reject utilization of non-minority male trainees for credit toward meeting the
annual goal if it determines that the contractor failed to make sufficient Good Faith Efforts to
hire minorities or female trainees and/or the contractor failed to document or submit evidence of
its Good Faith Effort to do so.
IV. NMDOT PROGRAM MONITORING
Site Visits
NMDOT may conduct periodic site visits to a contractor's worksite to review OJT Program
compliance along with other contract compliance issues related to the project. NMDOT will
make every effort to ensure minimal disruption to a contractor's work.
End of Year Audits and Sanctions for Non-Compliance
NMDOT will perform an end of year audit of each contractor to verify attainment of the annual
OJT goal. If a contractor, through its Annual Summary Report, can demonstrate that it attained
its annual OJT Program goal or made adequate Good Faith Efforts to do so, then NMDOT will
determine that the contractor is in compliance with the OJT Program requirements.
If a contractor has neither attained its goal nor submitted adequate Good Faith Efforts
documentation, NMDOT will issue a Show Cause Notice outlining its findings of noncompliance and providing its determination of sanctions attributed thereto. Within thirty (30)
days of receiving the Show Cause Notice, the contractor may submit a written response to the
Show Cause Notice providing argument and evidence in opposition to the NMDOT findings of
non-compliance and/or its determination of sanctions
If a contractor fails to submit a written response to the Show Cause Notice within the specified
period or the written response to the Show Cause Notice does not cause NMDOT to change its
findings of non-compliance and/or its determination of sanctions, NMDOT will issue its Final
Order to the contractor regarding the non-compliance and assessing sanctions.
Sanctions for non-compliance may include, but are not limited to: liquidated damages,
suspension of any payment in whole or in part, termination or cancellation of contracts in whole
5
or in part, and/or suspension or debarment of the contractor.
FOR MORE INFORMATION CALL OR WRITE:
Office of Equal Opportunity Programs
1596 Pacheco Street, Suite 107
Santa Fe, New Mexico 87505
1-800-544 0936
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SELECTED DBE (DBE) PROGRAM PROVISIONS
DISADVANTAGED BUSINESS PARTICIPATION IN USDOT ASSISTED CONTRACTS
June 11, 2009
Objective:
The purpose of the DBE Program is to implement the provisions of 49 CFR Part 26, other
pertinent regulations, and source legislation. The objectives are: (a) To ensure
nondiscrimination in the award and administration of USDOT assisted contracts in the USDOT's
highway, transit, and airport financial assistance programs; (b) To create a level playing field on
which DBEs can compete fairly for USDOT-assisted contracts, (c) To ensure that USDOT's
DBE program is narrowly tailored in accordance with applicable law; (d) To ensure that only
firms that fully meet the eligibility standards specified in 49 CFR Part 26 are permitted to
participate as DBEs; (e) To help remove barriers to the participation of DBEs in USDOTassisted contracts, (f) To assist the development of firms that can compete successfully in the
marketplace outside the DBE program; and (g) To provide appropriate flexibility to recipients of
Federal financial assistance in establishing and providing opportunities for DBEs; and (h) to
comply with the New Mexico Procurement Code §13-1-28 through §13-1-199, NMSA 1978, as
amended, and any applicable regulations thereto.
The New Mexico Department of Transportation (NMDOT) will strive to meet the annual State
Goal for DBE participation in federal-aid construction and consultant design programs and
will be to establish a
activities in New Mexico. The long-range objective of the Department
level playing field for DBE contractors to compete for federally assisted highway construction
projects as prime contractors, subcontractors, design consultants, and other consultants. It is
the intent of the NMDOT to provide opportunities to DBE firms so they can in time graduate from
the DBE Program and perform as prime contractors and subcontractors without DBE Program
assistance.
Statutory Authority:
The following is a brief history of the Regulations, which implement the DBE Program.
USDOT Regulations (49 CFR Part 23 and 26) published in the Federal Register, Volume 45,
No.63 dated March 31, 1980 established a requirement that all recipients of Federal-Aid
highway program funds establish a Minority Business Enterprise (MBE) Program. The
regulations were applicable both to Federal-Aid construction and to its non-construction
activities. USDOT published further regulations in the Federal Register, Volume 48, No. 141 on
July 21, 1983. This regulation implemented Section 105(f) of the Surface Transportation
Assistance Act (STAA) of 1982, which provided that not less than a fixed percentage of the
amounts authorized to be appropriated under the Act should be expended with small business
concerns owned and controlled by socially and economically disadvantaged individuals. USDOT
published regulations in the Federal Register, Volume 52, No. 203 on October 21, 1987
implementing Section 106(c) of the Surface Transportation and Uniform Relocation Assistance
Act (STURAA) of 1987.
As a result of the decision by the United States Supreme Court in Adarand Constructors Inc. v.
Pena 513 U.S. 1108, 115 S.Ct. 896, 103 L.Ed.2d 781 (1995), and its progeny in federal district
courts across the country, USDOT promulgated new regulations to meet the strict scrutiny test
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for affirmative action programs announced in Adarand. These new regulations, 49 CFR Part 26,
which were published in the Federal Register, February 2, 1999, 64 Fed. Reg. 5095 repeal the
former regulations found at 49 CFR Part 23. These regulations are effective March 4, 1999, and
require each primary recipient of specified federal-aid, including NMDOT, to develop and
implement a DBE Program consistent with Part 26 by September, 1999, as a condition to
receiving federal-aid funding. The regulations observe a national aspirational goal of 10% DBE
participation in federal-aid public works construction; require primary recipients to establish
yearly overall goals based on local availability of DBEs ready, willing and able to participate in
public works construction; require primary recipients to use race-neutral means to achieve
annual DBE participation goals, and mandate size limits on certified DBEs.
USDOT's legal authority for 49 CFR Part 23 (as amended) and Part 26, includes sundry
Executive Orders, 23 U.S.C. 324,42 U.S.C. 2000d et seq., and 49 U.S.C. 1615, 47107, 47113,
and 47123.
Policy Statement:
It is the policy of the New Mexico Department of Transportation on, acting through the NMDOT's
OEOP, to encourage and support the DBE Program and its objectives to the maximum extent
possible. This rule will be circulated throughout the NMDOT, Construction Organizations, DBE
and non-DBE business communities that perform work with the NMDOT and other interested
parties.
The NMDOT and all recipients of USDOT-assisted contracts will not discriminate on the basis of
race, color, national origin or sex in the award and performance of any USDOT-assisted
contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The
NMDOT and all recipients will further ensure that the NMDOT and/or all recipients of USDOTassisted contracts will not discriminate in the development, implementation and administration
of the DBE Program. Implementation of the DBE Program by the NMDOT is a legal obligation
and failure to carry out its terms will be treated as a violation whereby sanctions may be
imposed as provided for under 49 CFR Part 26. The DBE Program is accorded the same priority
as compliance with all other legal obligations incurred by the NMDOT in its financial assistance
agreements with USDOT.
No person will be excluded from participation in or denied the benefits of, or otherwise
discriminated against in connection with the award and performance of any contract covered by
this DBE Program or 49 CFR Part 26 on the basis of race, color, sex or national origin.
In administering the DBE Program, the NMDOT will not use criteria or methods that would have
the effect of defeating or substantially impairing accomplishment of the objectives of the
program with respect to individuals of a particular race, color, sex or national origin.
From time to time NMDOT will receive interpretations from USDOT, which will be binding on
NMDOT, sub-recipients, and contractors.
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Definitions:
AFFILIATION - has the same meaning the term has in the Small Business Administration (SBA)
regulations, 13 CFR part 121, except as otherwise provided in 13 CFR - part 121, concerns are
affiliates of each other when either directly or indirectly one concern controls or has the power to
control the other; or a third party or parties controls or has the power to control both; or an
identity of interest between or among parties exists that affiliation may be found.
In determining whether affiliations exist, it is necessary to consider all appropriate factors,
including common ownership, common management, and contractual relationships. Affiliates
must be considered together in determining whether a concern meets small business size
criteria and statutory cap on the participation of firms in the DBE program.
ALASKA NATIVE - a citizen of the United states who is a person of one fourth (1/4) degree or
more Alaskan Indian (including Tsimshian Indians not enrolled in the Metlaktla Indian
Community), Eskimo, or Aleut blood, or a combination of those bloodlines. The term includes, in
the absence of proof of a minimum blood quantum, any citizen whom a Native village or Native
group regards as an Alaska Native if their father or mother is regarded as an Alaska Native.
ALASKA NATIVE CORPORATION (ANC) - any Regional Corporation, Village Corporation,
Urban Corporation, or Group Corporation organized under the laws of the state of Alaska in
accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et
seq.).
COMMERCIALY USEFUL FUNCTION (CUF) - means that a DBE is responsible for execution
of a distinct element of the work of a contract or subcontract and carries out its responsibilities
by actually performing, managing and supervising the work involved, or provides professional
services.
COMPLIANCE - means that a recipient has correctly implemented the requirements of this part.
CONTRACT - means a legally binding relationship obligating a seller to furnish supplies or
services (including, but not limited to, construction and professional services) and the buyer to
pay for them.
CONTRACT GOAL - means the percentage of DBE participation established by NMDOT, if
required, for a USDOT- Assisted Contract.
CONTRACTOR - means one who participates, through a contract or subcontract (at any tier), in
a USDOT-assisted highway, transit, or airport program.
DEPARTMENT - means the U.S. Department of Transportation, including the Office of the
Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration
(FTA), and the Federal Aviation Administration (FAA).
DESIGN AND BUILD PROJECT DELIVERY SYSTEM - means a procurement process by
which a using agency contracts with one firm who has responsibility for the design, construction
and delivery of a project under a single contract with the using agency.
DESIGN CONSULTANT (OR OTHER CONSULTANTS) - means an individual, firm or
3
partnership that contracts with the NMDOT to provide services for engineering, surveying,
environmental, hazardous materials, subsurface utility engineering, and other services which
require a rigorous, logical, science based approach for data acquisition to be used in the
development of NMDOT highway construction plans. Other consultants include providers of any
other professional services funded with FHWA monies and FTA and FAA grant recipients
receiving $250,000 or more in aggregate.
DISADVANTAGED BUSINESS ENTERPRISE OR DBE - means a for-profit small business
concern that is at least 51 percent owned by one or more individuals who are both socially and
economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is
owned by one or more such individuals; and whose management and daily business operation
are controlled by one or more of the socially and economically disadvantaged individuals who
own it.
GOOD FAITH EFFORTS (GFE) - means efforts to achieve a DBE goal or other requirement of
the DBE Program which, by their scope, intensity, and appropriateness to the objective, can
reasonably be expected to fulfill the program requirements.
IMMEDIATE FAMILY MEMBER - means father, mother, husband, wife, son, daughter, brother,
sister, grandmother, grandfather, grandson, granddaughter, mother-in-law or father-in-law.
INDIAN TRIBE - means any Indian tribe, band, nation, or other organized group or community
of Indians, including any ANC, recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as Indians, or are recognized
as such by the state in which the tribe, band, nation, group, or community resides.
JOINT VENTURE - means an association of a DBE firm and one or more other firms to carry
out a single, for-profit business enterprise for which the parties combine their property, capital,
efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined
portion of the work of the contract and whose share in the capital contribution, control,
management, risks, and profits of the joint venture are commensurate with its ownership
interest.
LOSP - Liaison Outreach and Services Program - means a contractor who enters into
Cooperative Agreements with chambers of commerce and trade associations to provide liaison
services between the USDOT, its grantees, recipients, contractors, subcontractors and minorityowned and disadvantaged business enterprises.
NAICS - North American Industrial Classification System - replaces the Standard Industrial
Classification Code (SIC) designation which best describes the primary business of a firm.
NATIVE HAWAIIAN - means any individual whose ancestors were natives, prior to 1778, of the
area which now comprises the state of Hawaii.
NATIVE HAWAIIAN ORGANIZATION - means any community service organization serving
Native Hawaiians in the state of Hawaii which is a not-for-profit organization chartered by the
state of Hawaii, is controlled by Native Hawaiians, and whose business activities will principally
benefit such Native Hawaiians.
NMDOT - means New Mexico Department of Transportation .
4
NONCOMPLIANCE - means that a recipient has not correctly implemented the requirements of
49 CFR Part 26.
OEOP - means Office of Equal Opportunity Programs.
OPERATING ADMINISTRATION (OA) - means any of the following parts of USDOT: the
Federal Aviation Administration (FAA), Federal Highway Administration (FHWA), The Federal
Transit Administration (FTA). The "Administrator" of any OA includes his or her designees.
OVER-CONCENTRATION - means a condition in which DBE firms are being utilized in certain
types of work to the extent that non-DBEs are unduly burdened from participating in this same
type of work.
PERSONAL NET WORTH - means the net value of the assets of an individual remaining after
total liabilities are deducted. An individual's personal net worth does not include the individual's
ownership interest in an applicant or participating DBE firm; or the individual's equity in his or
her primary place of residence. An individual's personal net worth includes only his or her own
share of assets held jointly or as community property with the individual's spouse.
PRIMARY INDUSTRY CLASSIFICATION - means the six digit NAICS designation which best
describes the primary business of a firm. The NAICS code designations are described in the
North American Industry Classification Manual.
PRIMARY RECIPIENT - means a recipient to which USDOT financial assistance is given and
passes some or all of it on to another recipient
PRINCIPAL PLACE OF BUSINESS - means the business location where the individuals who
manage the firm's day-to-day operations spend most working hours and where top
management's business records are kept. If the offices from which management is directed and
where business records are kept are in different locations, the recipient will determine the
principal place of business for DBE program purposes.
PROCUREMENT CODE - means §13-1-28 through §13-1-199, NMSA 1978, as amended and
any applicable regulations thereto.
PROCUREMENT CODE REGULATIONS - means 1 NMAC 5.2, as amended.
PROFESSIONAL SERVICES - means the services of architects, archeologists, engineers,
surveyors, landscape architects, medical arts practitioners, scientists, management and
systems analysts, certified public accountants, registered public accountants, lawyers,
psychologists, planners, researchers, construction managers and other persons or businesses
providing similar professional services, which may be designated as such by a determination
issued by the state purchasing agent or a central purchasing office.
PROGRAM - means any undertaking on a recipient's part to use USDOT financial assistance,
authorized by the laws to which this part applies.
PROPOSAL - means an offer compiled and developed by an offeror in response to a Request
for Proposal.
RACE-CONSCIOUS MEASURE - means a program that is focused specifically on assisting
5
only DBEs, including women-owned DBEs.
RACE-NEUTRAL MEASURE - means a program that is, or can be, used to assist all small
businesses. For purposes of this part, race-neutral includes gender-neutrality.
READY, WILLING AND ABLE - means, for the purpose of setting annual DBE goals, in the
context of a DBE or non-DBE business, that it has the necessary license to perform work on
USDOT-assisted contracts in its home state, is not currently suspended or debarred, and has
demonstrated its interest in performing work on USDOT-assisted contracts by submitting a bid,
proposal, or quotation as a prospective prime contractor, subcontractor, supplier, trucker,
consultant, or other relevant business entity, on a New Mexico USDOT-assisted contract within
the current or two (2) previous federal fiscal years, or such shorter duration as established by
the NMDOT.
RECIPIENT - means any entity, public or private, to which USDOT financial assistance is
extended, whether directly or through another recipient, through the programs of the FAA,
FHWA or FTA or who has applied for such assistance.
REGULAR DEALER - means 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 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 person
may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone,
or asphalt without owning, operating, or maintaining a place of business, if the person both
owns and operates distribution equipment for the products. Any supplementing of regular
dealer's own distribution equipment will be by a long-term lease agreement and not on an ad
hoc or contract-by-contract basis. Packagers, brokers, manufacturer's representatives, or other
persons who arrange or expedite transactions are not regular dealers.
REQUEST FOR PROPOSALS (RFP) - means all documents, including those attached or
incorporated by reference, used for soliciting proposals.
RESPONSIBLE BIDDER - means a bidder who submits a responsive bid and who has
furnished, when required, information and data to prove that his financial resources, production
or service facilities, personnel, service reputation and experience are adequate to make
satisfactory delivery of the services, construction or items of tangible personal property
described in the invitation for bids.
RESPONSIBLE OFFEROR - means an offeror who submits a responsive proposal and who has
furnished, when required, information arid data to prove that his financial resources, production
or service facilities, personnel, service reputation and experience are adequate to make
satisfactory delivery of the services or items of tangible personal property described in the
proposal.
RESPONSIVE BID - means a bid which conforms in all material respects to the requirements
set forth in the invitation forbids. Material respects of a bid include but are not limited to price,
quality, quantity or delivery requirements
6
RESPONSIVE OFFER - means an offer which conforms in all material respects to the
requirements set forth in the request for proposals. Material respects of a request for a proposal
include, but are not limited to, price quality, quantity, or delivery requirements.
SECRETARY - means the Secretary of the U.S. Department of Transportation or designee.
SERVICES - means the furnishing of labor, time or effort by a contractor not involving the
delivery of a specific end product other than reports and other materials which are merely
incidental to the required performance. "Services" includes the furnishing of insurance but does
not include construction or the services of employees of a state agency or a local public body.
SET-ASIDE - means a contracting practice restricting eligibility for the competitive award of a
contract solely to DBE firms.
SMALL BUSINESS ADMINISTRATION (SBA) - means the United States Small Business
Administration.
SMALL BUSINESS CONCERN - means with respect to firms seeking to participate as DBEs in
USDOT-assisted contracts, a small business concern as defined pursuant to section 3 of the
Small Business Act and Small Business Administration Regulations implementing it (13 CFR
Part 121) that also does not exceed the cap on average annual gross receipts specified in 49
CFR Part 26.65(b).
SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUAL - means any individual
who is a citizen (or lawfully admitted permanent resident) of the United States and who is —
An individual whom the NMDOT finds to be a socially and economically disadvantaged
individual on a case-by-case basis.
Anif individual in the following groups, members of which are rebuttably presumed to be
socially and economically disadvantaged;
"Black Americans," which includes persons having origins in any of the Black racial
groups of Africa;
"Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban,
Dominican, Central or South American, or other Spanish or Portuguese culture or origin,
regardless of race;
"Native Americans," which includes persons who are American Indians, Eskimos, Aleuts,
or Native Hawaiians;
"Asian-Pacific Americans," 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, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or
Hong Kong;
(e)
"Subcontinent Asian Americans," which includes persons whose origins are from India,
Pakistan, Bangladesh, Bhutan, the Maldives islands, Nepal or Sri Lanka;
7
Women; and
(g)
Any additional groups whose members are designated as socially and economically
disadvantaged by the SBA, at such time as the SBA designation becomes effective.
SOFTWARE-The entire set of programs, procedures, and related documentation associated
with a computer programs used for the purpose of reporting Contract/Labor compliance and
diversity (DBE related data) information as designated by the Office of Equal Opportunity
Programs (OEOP).
STATE GOAL - means the percentage of DBE participation in New Mexico USDOT Assisted
contracts that the NMDOT expects absent the effects of discrimination. The NMDOT sets the
state goal annually
TRIBALLY OWNED CONCERN - means any concern at least 51 percent owned by an Indian
tribe as defined in this section.
UNIFIED CERTIFICATION PROGRAM (UCP) - means an entity that provides a one-stop
shopping service to applicants seeking DBE certification. The entity must comply with all
provisions of this rule concerning certification and nondiscrimination.
USDOT - means U.S. Department of Transportation.
USDOT-ASSISTED CONTRACT - means any contract between a recipient and a contractor (at
any tier) funded in whole or in part with USDOT financial assistance, including letters of credit or
loan guarantees, except a contract solely for the purchase of land.
Pre-Bid:
Pre-bid services and Requests for Proposals, to inform the certified Disadvantaged-Business
Enterprises of contract opportunities will include, but not be limited to, the following:
All certified DBE's will be placed on the NMDOT's regular and/or electronic mailing list to
receive Invitations for Bid, Plan Holders List, Requests or Proposals and other NMDOT
procurement mailings.
Plans, Specifications, and Invitations for Bid will be available for inspection by certified DBE
firms at the OEOP and the PSE Bureau of the NMDOT.
Requests for Proposals (RFP's) will be available for inspection by certified DBE firms at the
OEOP and the Contracts Unit of the NMDOT.
Award of Contract Procedures:
The NMDOT Award of Contract Procedures will include, but not be limited to, the following:
The NMDOT will include appropriate DBE contract provisions, or summaries thereof, in the
Plans, Specifications, Invitations for Bids, and Requests for Proposals and Contract Proposals
for all Federal-Aid contracts. Selected DBE - Program Provisions - DBE Participation in USDOTAssisted Contracts will be included in appropriate contracts.
8
For all projects using race-neutral measures, the following DBE forms, as appropriate, are
required to be submitted for award of contract:
The Participating Contractor's and Consultant's Annual Profile Registration Form A-1012
is to be submitted to the OEOP annually
The Notice to Construction Contractors Bidder's List of Quoters for the DBE Program
BL-DBE is to be submitted by all construction bidders with the contract bid at the time of
the bid letting
The Design and Other Consultant Offeror's List- Form A-1013- is to be submitted by all
consultants at the time of the proposal submittal
A fully executed Certification of Consultant or Offeror for DBE Annual State Goal Form
A-1014 is to be submitted at the time a proposal is submitted
In the event projects use race-conscious measures, the following DBE forms, as appropriate,
are required to be submitted for award of contract:
The Participating Contractor's and Consultant's Annual Profile Registration-Form A1012- is to be submitted to the OEOP annually.
The Notice to Construction Contractors Bidder's List of Quoters for the DBE Program
submitted by all construction bidders with contract bid at the lime
BL-DBE- is to be
of the bid letting.
(c)
The Design and Other Consultant Offeror's List Form A-1013 is to be submitted at the
time the proposal is submittal.
(d).
&fully executed Certification of Consultant or Offeror for DBE Annual State Goal Form
A-1014 is to be submitted at the time a proposal is submitted.
For construction projects, the apparent low bidder will complete and sign Form A-585ADBE A-1 at the time of the Bid Opening. All listed DBE firm(s) must be certified by the
NMDOT prior to submission of Form A-585DBE A-1.
(1)
The construction contract will be awarded to the lowest qualified and responsible
bidder who gives written assurance to meet the established DBE contract goal or
who can satisfactorily demonstrate good faith efforts why it cannot do so. Failure
to meet the goal or demonstrate good faith efforts will render the bid nonresponsive.
For design or other consultant proposals, all responsible offerors will complete and sign
Form A-5858-DBE A-2 (Appendix L) and include it with other required documents of the
offeror's "Proposal Package" upon successful negotiations for consulting services. All
offeror's written assurance will be considered binding.
(1)
The design or other consultant contract will be awarded to the best qualified and
responsible offeror who gives this written assurance to meet the established DBE
contract goal or who can satisfactorily demonstrate good faith efforts why it
cannot do so. Failure to meet the goal or demonstrate good faith efforts will
9
render the consultants proposal non-responsive.
(2)
(g)
The design consultant and other consultants will be selected in accordance with
the requirements of NMSA 1978, § 13-1-115 and NMSA 13-1-120.
The information required by Form A-585 DBE A-1 and form A-585B DBE A-2 must be
complete and accurate in every detail and in final form at the time it is submitted to the
NMDOT for approval. This form will be evaluated prior to the award of the contract.
Failure to submit either document in proper form and accuracy will render the bid or
proposal non-responsive. All bidders or offerors are required to list on Form A-585 DBE
A-1 or Form A-585B-DBE A-2, the following information:
The names of DBE subcontractors/subconsultants and suppliers that will
participate in the contract;
A description of the work that each DBE will perform;
(3)
The dollar amount of the participation of each DBE firm listed; and
Written documentation of the bidder's or offeror's commitment to use a DBE
subcontractor/subconsultant/supplier whose participation it submits to meet the
DBE contract goal;
If the contract goal is not met, evidence of good faith efforts must be documented
and submitted with appropriate Form A-585- DBE A-1 or Form A-585B A-2.
Good Faith Efforts (GFEs):
.
•
Good Faith Efforts. When race conscious measures are used and a project goal IS established
NMDOT will consider the quality, quantity, and intensity of the different kinds of efforts that the
contractor or bidder or offeror has made. The efforts employed by the contractor or bidder or
offeror should be those that one could reasonably expect a contractor or a bidder or offeror to
make if they were actively and aggressively trying to obtain DBE participation sufficient to meet
the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE
contract requirements. On the other hand, NMDOT will count bona fide good faith effort making
a determination to award a contract.
The following is a list of types of actions, which the NMDOT will consider as part of the bidder's
or offeror's good faith efforts to obtain DBE participation. This list is not intended to be a
mandatory checklist, nor is it intended to be exclusive or exhaustive, as other factors or types of
efforts may be relevant in appropriate cases. This demonstration should include, but not be
limited to, the following:
(a)
Soliciting through all reasonable and available means (e.g. attendance at pre-bid, preproposal meetings, advertising and/or written notices) the interest of all certified DBEs
who have the capability to perform the work of the contract The bidder or offeror must
solicit this interest within sufficient time to allow DBEs to respond to the solicitation. The
bidder or offeror must determine with certainty if the DBEs are interested by taking
appropriate steps to follow up initial solicitations.
10
Selecting portions of the work to be performed by DBEs 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 or prime consultant might otherwise prefer
to perform these work items with its own forces.
Providing interested DBEs with adequate information about the construction plans,
construction specifications, design scope of work and requirements of the contract in a
timely manner to assist them in responding to a solicitation.
Negotiating in good faith with interested DBEs. It is the bidder's or offerors's
responsibility to make a portion of the work available to DBE subcontractors,
subconsultants and suppliers and to select those portions of the work or material needs
consistent with the available DBE subcontractors, subconsultants and suppliers, so as to
facilitate DBE participation. Evidence of such negotiation includes the names, addresses
and telephone numbers of DBEs that were considered, a description of the information
provided regarding the construction plans and specifications for the work selected for
subcontracting or requirements and design scope of work of the RFP and subconsulting;
and evidence as to why additional agreements could not be reached for DBEs to
perform the work. A bidder or offeror 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
DBEs is not in itself sufficient reason for a bidder's or offerors's failure to meet the
contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of
the prime contractor or consultant to perform the work of a contract with its own
organization does not relieve the bidder or offeror of the responsibility to make good faith
efforts. Prime contractors are not, however, required to accept higher quotes from DBEs
if the price difference is excessive or unreasonable. Excessive or unreasonable will be
deemed 10% or more than any bid received for that item of work by a non DBE. Prime
consultants will evaluate subconsultants on quality of submittal of subconsultant
services. Prime consultants are not required to accept subconsultants offers of lower
quality with respect to other subcounsultants offers.
Prime contractors and consultants will not reject DBEs as being unqualified without
sound reasons which will be based on a thorough investigation of their capabilities. The
contractor's or consultant'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 or proposals in the contractor's or design consultant's efforts to meet the project
goal.
Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or
insurance as required by the recipient, contractor or consultant.
Making efforts to assist interested DBEs in obtaining necessary equipment, supplies,
materials, or related assistance or services.
(h)
Effectively using the services of available minority/women community organizations;
minority/women contractor's groups; local, state, and Federal minority/women business
11
assistance offices; and other organizations as allowed on a case-by-case basis to
provide assistance in the recruitment and placement of DBEs.
In determining whether a bidder or offeror has made good faith efforts, the NMDOT may take
into account the performance of other bidders or offerors in meeting the contract. For example,
when the apparent successful bidder or offeror fails to meet the contract goal, but others meet it,
the NMDOT may reasonably raise the question of whether with additional reasonable efforts;
the apparent successful bidder or offeror could have met the goal. If the apparent successful
bidder or offeror fails to meet the goal, but meets or exceeds the average DBE participation
obtained by other bidders or offerors, the NMDOT may view this, in conjunction with other
factors, as evidence of the apparent successful bidder or offeror having made good faith efforts.
If the NMDOT determines that the contractor or bidder or offeror has failed to meet the
requirements outlined in paragraph 20.3.1, the NMDOT will, provide the contractor or bidder or
offeror the opportunity for administrative reconsideration before awarding the contract or
proposal. As part of this reconsideration, the following guidelines apply:
The contractor or bidder or offeror will have the opportunity to provide written
documentation or argument concerning the issue of whether the bidder or offeror met
the DBE contract goal or made adequate good faith efforts to do so.
The NMDOT's decision on reconsideration will be made by an official who did not take
part in the original determination that the bidder or offeror failed to meet the DBE
contract goal or make adequate good faith efforts to do so.
The contractor or bidder or offeror will have the opportunity to meet in person with the
NMDOT's reconsideration official to discuss the issue of whether it met the DBE contract
goal or made adequate good faith efforts to do so.
The NMDOT will send a written decision on the reconsideration, explaining the basis for
finding that the contractor or bidder or offeror did or did not meet the DBE contract goal
or make adequate good faith efforts to do so.
(e)
The result of this reconsideration process is not administratively appealable to the
USDOT.
If the NMDOT lets a master contract for "design-build" or "turnkey" contract or similar legally
binding instrument, to a contractor or consultant, who in turn lets subsequent subcontracts for
the work of the project, the NMDOT may establish a DBE contract goal for the project. The
master contractor or consultant then establishes DBE contract goals, as appropriate, for the
subcontracts it lets. The NMDOT will maintain oversight of the master contractor's or
consultant's activities to ensure that they are conducted consistent with the requirements of the
NMDOT's DBE Program and 49 CFR Parts 23 (as amended) and 26.
The NMDOT requires that the successful bidder or offeror, or subsequently the prime contractor
or consultant, not terminate for convenience a DBE subcontractor or subconsultant listed in
Form A-585A DBE A-1, or A-585B DBE A-2 or an approved substitute DBE firm, and then
perform the work of the terminated subcontract with its own forces or those of an affiliate,
without the NMDOT's prior written consent See the Termination / Substitution / Replacement of
Listed DBE Firms for projects having Race conscious Measures in paragraph 27 of this
12
program.
When a DBE subcontractor or subconsultant is terminated, or fails to complete its work
on the contract for any reason, the NMDOT will require the prime contractor to make
good faith efforts to find another DBE subcontractor or subconsultant to substitute for the
original DBE. These good faith efforts will be directed at finding another DBE to perform
at least the same amount of work under the contract as the DBE that was terminated, to
the extent needed to meet the contract goal established.
The NMDOT will apply the requirements of this section to DBE contractors or bidders or
offerors for prime contracts. In determining whether a DBE contractor or bidder or offeror
for a prime contract has met a contract goal, NMDOT will count the work the DBE has
committed to performing with its own forces as well as the work that it has committed to
be performed by DBE subcontractors and DBE suppliers.
Counting DBE Participation Toward Goals:
When a DBE participates in a contract, only the value of the work actually performed by the
DBE will be credited towards DBE project goals.
The entire amount of the portion of a construction contract or design or other consultant contract
that is performed by the DBE's own forces will be credited. Included are the cost of supplies and
materials obtained by the DBE for the work of the contract, including supplies purchased or
equipment: leased by the DBE (except supplies and equipment the DBE subcontractor or
subconsultant purchases or leases from the prime contractor or its affiliate).
Credit wilkbe allowed for the entire amount of fees or commissions charged by a DBE firm for
providing sa bona fide service, such as professional, technical, consultant, or managerial
services or for providing bonds or insurance specifically required for the performance of a
USDOT-assisted contract. Credit will be allowed for fees considered reasonable and not
excessive as compared with fees customarily allowed for similar services.
When a DBE subcontracts part of the work of its contract to another firm, the value of the
subcontracted work may be counted only if the DBEs subcontractor or subconsultant is itself a
DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward meeting the DBE
project goal.
When a DBE performs as a participant in a joint venture, credit for a portion of the total dollar
value of the contract equal to the distinct, clearly defined portion of the work of the contract that
the DBE performs with its own forces will be allowed.
Credit to a DBE contractor will be allowed only if the DBE is performing a commercially useful
function on the contract.
A DBE performs a commercially useful function when it is responsible for execution of the work
of the contract and is carrying out its responsibilities by actually performing, managing, and
supervising the work involved. To perform a commercially useful function, the DBE must also be
responsible, with respect to materials and supplies used on the contract, for negotiating price,
determining quality and quantity, ordering the material and installing (where applicable) and
paying for the material itself. To determine whether a DBE is performing a commercially useful
13
function, an evaluation will be made of the amount of work subcontracted, industry practices,
whether the amount the firm is to be paid under the contract is commensurate with the work it is
actually performing and the DBE credit claimed for its performance of the work and other
relevant factors.
A DBE does not perform a commercially useful function if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are passed in order to
obtain the appearance of DBE participation. In determining whether a DBE is such an extra
participant, an examination of similar transactions, particularly those in which DBEs do not
participate will be performed.
If a DBE construction contractor does not perform or exercise responsibility for at least the
percentage determined in the NMDOT's Standard Specifications for Highway and Bridge
Construction of the total cost of its contract with its own forces, or the DBE subcontracts a
greater portion of the work of a contract than would be expected on the basis of normal industry
practice for the type of work involved, it will be presumed that the DBE is not performing a
commercially useful function.
If a DBE design consultant or other consultant does not perform or exercise responsibility for at
least 30% of the total cost of it's contract with its own forces, or the DBE subcontracts a greater
portion of the work of a contract than would be expected on the basis of normal industry practice
for the type of work involved, it will be presumed that the DBE is not performing a commercially
useful function.
When a DBE is presumed not to be performing 'a commercially useful function as provided
above, the DBE may present evidence to rebut this presumption. It may be determined that the
firm is performing a commercially useful function given the type of work involved and normal
industry practices.
Decisions concerning commercially useful function matters are not administratively appealable
to USDOT.
To determine whether a DBE trucking firm is performing a commercially useful function, the
NMDOT will evaluate the amount of work subcontracted, industry practices and other relevant
factors.
The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a particular contract, and there cannot be a contrived
arrangement for the purpose of counting DBE participation.
The DBE must itself own and operate at least one fully licensed, insured and operational truck
used on the contract The DBE 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 may lease trucks from another DBE firm, including an owner-operator who is certified
as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of
the transportation services the lessee DBE provides on the contract.
The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE
who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives
14
as a result of the lease arrangement. The DBE does not receive credit for the total value of the
transportation services provided by the lessee, since these services are not provided by a DBE.
A lease arrangement or agreement will indicate that the DBE 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, so long as the lease gives the DBE absolute priority
for use of the leased truck. Leased trucks will display the name and identification number of the
DBE.
Prior to beginning work on a contract, the DBE must submit valid lease agreements to the
NMDOT on leased trucks and written agreements with owner/operators. Whether the
agreement is with an owner/operator or trucks hired from a trucking firm, the agreement must
include the:
Operator's Name;
Social Security number;
Federal Identification Number (FIN);
Cab Card Number of the Truck;
(e)
Description of the Truck and the Method of Payment
Credit for; DBE Truck Owner/Operators:
An Ovvner/Operator must own one (1) fully operational truck and operate it himself/herself for
hire. The individual must possess a Commercial Driver's License and the truck must have a
warrant certificate to run for hire. If required, the firm must have the appropriate operating
license and insurance. The individual must be an independent owner/operator and cannot be in
an employee/employer relationship with a prime contractor.
Owner/Operator trucks may be utilized by the prime contractor to meet a DBE goal and must be
covered by a fully executed written agreement.
For each owner/operator to be credited, the contractor or subcontractor must submit to the
NMDOT an agreement that includes or has attached the following information:
Operator or Owner/operator's name;
Social Security Number;
Copy of Vehicle registration receipts;
Current Vehicle license numbers;
(e)
Truck Numbers;
Method of payment (hour, ton, load).
15
The prime contractor may count towards its DBE participation; the total dollar value paid to an
owner/operator for the haul. Payments to owner/operators must be certified to by the prime
contractor prior to finalizing the project or as work progresses, as required by the NMDOT. If
required, the owner/operators must be shown on the prime contractor's certified payroll.
Termination/Substitution/Replacement of DBE Firms for Projects Having RaceConscious Measures:
The NMDOT requires that the prime contractor or consultant not terminate for convenience a
DBE subcontractor or subconsultant or an approved substitute DBE firm, and then perform the
work of the terminated subcontract with its own forces or those of an affiliate, without a
justification letter written to the NMDOT.
If a DBE subcontractor or subconsultant is terminated, or the DBE firm fails to complete its work
on the contract for any reason, the NMDOT requires the prime contractor or consultant to make
good faith efforts to find another certified DBE subcontractor or subconsultant to substitute for
the original DBE firm. These good faith efforts will be documented and directed at finding
another certified DBE to perform at least the same amount of work under the contract as the
DBE that was terminated, to the extent needed to count DBE participation.
If a DBE subcontractor or subconsultant is unwilling or unable to perform the work to meet the
established goal for the prime contractor or consultant, the prime contractor or consultant will
immediately notify the NMDOT's appropriate project manager in writing, and request to be
relieved of meeting the established goal with the named DBE. The prime contractor or
consultant Department will include with this request a justification and the efforts made to deal
with the named DBE.
If the prime contractor's or consultant's request to be relieved is approved by the NMDOT, and a
DBE contract goal shortfall exists, the prime contractor or consultant will immediately attempt
to obtain sufficient DBE participation by subcontracting or subconsulting with other certified
DBEs.
If the prime contractor or consultant is unable to replace the DBE with another or other certified
DBE firms, the prime contractor or consultant will evaluate the remaining items of work and will
document and submit the good faith efforts made to subcontract or subconsultant work with
certified DBEs or to purchase materials or supplies from certified DBE suppliers for such
remaining items. The NMDOT may allow a DBE contract goal waiver, adjust the DBE goal in
accordance submitted and accepted good faith efforts, or assess construction contract
liquidated damages or design contract liquidated damages as may be appropriate, depending
on the individual project's overall circumstances.
Prompt Payment Mechanism to Subcontractors:
To ensure that all obligations under contracts awarded to DBEs are met, the NMDOT will review
the construction contractor's or design consultant's and other consultant's DBE involvement
efforts during the performance of the contract. Prime contractors or design consultants and
other consultants will pay all subcontractors or subconsultants their respective subcontract
amount by electronic transfer, if available, for NMDOT undisputed acceptable work within ten
16
(10) calendar days after the contractor or consultant receives payment for such work from the
NMDOT. The construction contractor will be required to submit information as provided for in the
supporting software system by indicating when payments made to DBEs and non-DBEs within
ten (10) calendar days after the contractor receives payment for such work. A prime contractor,
design consultant or other consultant will be required to fully document any alleged disputes
with its subcontractors or subconsultants. The prime contractor, design consultant, or other
consultant will ensure that all situations in which regularly scheduled payments are not made to
subcontractors or subconsultants are reported to the NMDOT. If the prime contractor, design
consultant, or other consultant is found to be in violation or fails to abide by the prompt payment
mechanisms, the NMDOT will impose sanctions as stated under paragraph 30 Compliance
Procedures. The prime contractor, design consultant, or other consultant will further be required
to release retain age payments to the subcontractors or subconsultants within thirty (30)
calendar days of satisfactory completion of the entire subcontractor's or sub consultant's work
and final payment of such work by the NMDOT.
Record Keeping Requirements:
The prime contractor or consultant will keep such records as necessary to ensure compliance
with its DBE utilization obligations.
As requested, the prime contractor or consultant will submit all subcontracts and other financial
transaction documentation executed with DBEs in such form, manner and content as prescribed
by the NMDOT.
All such records must be retained by the prime contractor or consultant for at least three (3)
years after project acceptance by the FHWA following the completion of the contract. These
records will be available for inspection by the NMDOT, the FHWA, the USDOT or other
appropriately sanctioned New Mexico State Agencies or Federal Agencies or Departments.
The prime, contractor's or design consultant's or other consultant's DBE liaison officer or
designee will be responsible for ensuring DBE's complete Form A-644, Disadvantage Business
Enterprise (DBE) Participation, and submit the form to the NMDOT, OEOP.
The NMDOT will conduct at a minimum an annual audit on selected construction and consultant
projects to verify actual participation reported on Form A-644 Disadvantage Business Enterprise
(DBE) Participation.
The NMDOT will maintain, provide data and monitor DBE participation through the following:
Any information related to the operation of NMDOT's DBE Program as directed by USDOT
administration.
NMDOT will create and maintain a Participating Contractor or Consultant Annual Profile
Registration list consisting of all firms bidding on prime construction and prime consultant design
contracts and bidding on quoting as subcontractors and subconsultants, suppliers on USDOTassisted projects. For every firm, the following information will be annually collected and
maintained:
(a)
Firm's name
17
Firm's address (including phone, fax and e-mail)
Race/Gender
Firm's status as a DBE or non-DBE
Age of firm
The annual gross receipts of firm
Primary NAICS Codes
Secondary NAICS Codes
A Notice to Construction Contractors Bidders List of Quoter's and Design or Other Consultant
Offeror's List of Quoters will be one method used in determining the availability of DBE and nonDBE firms; and therefore the relative availability of ready, willing and able DBEs, for the purpose
of establishing and monitoring the NMDOT's state goal.
The NMDOT will require all construction bidders to submit Form BL-DBE-Bidders List of
Quoters at the bid letting. Failure to submit this form will render the bidder non-responsive.
The NMDOT will require all design or other consultant offeror's to submit the Design or Other
Consultant Offeror's List of Quoters Form. No A-1013 at the time of submittal of the offeror or
other consultant proposal. Failure to submit this form will render the offeror's or other
consultant's proposal non-responsive.
Compliance Procedures:
Whenever the NMDOT believes the construction contractor, design consultant or other
consultant, or any subcontractor or supplier on a USDOT-assisted contract may not be
operating in compliance with the terms, conditions or requirements of this DBE Program,
including but not limited to, encouraging fronting, brokering or the circumstance of a DBE not
performing a commercially useful function as defined, the NMDOT will conduct an investigation.
If it is found that the construction contractor, design consultant or other consultant, any
subcontractor or supplier is not in compliance with the DBE Program, the non-compliant party
will be notified in writing by the NMDOT. A compliance conference to discuss the area(s) of noncompliance may be held between the NMDOT and the non-compliant party or parties. In the
event that the non-compliant party or parties fails or refuses to perform in compliance with the
DBE Program or these Selected DBE Program Provisions, a "Notice of Non-Compliance" will be
transmitted. If the non-compliant parry or parties corrects the deficiencies, the "Notice of NonCompliance" will be rescinded and the party or parties will be notified as to compliance. If the
deficiencies are not corrected, the NMDOT will initiate administrative action against the noncompliant party or parties, which may include but not be limited to;
Termination of the contract.
For construction, withholding an appropriate percentage of partial payments pursuant to
Section 109 of the Standard Specifications for Highway and Bridge Construction. This
appropriate percentage may be the amount of any proposed monetary sanction.
18
Initiation of appropriate debarment or decertification proceedings.
Referral of any unlawful actions to the appropriate enforcement agencies.
(e)
Other actions as appropriate, at the discretion of the NMDOT.
Recipient/Contractor Assurances:
Each contract the NMDOT enters into with a construction contractor, design consultants, other
consultants or recipient on a USDOT-assisted project will ensure that such contract and
subcontracts Department will include the following assurance:
Recipient will not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any DOT assisted contract or in the administration of its DBE Program or
the requirements of 49 CFR part 26. The NMDOT will take all necessary and reasonable steps
under 49 CFR part 26 to ensure nondiscrimination in the award and the administration of DOT
assisted contracts. The NMDOTs DBE Program, as required by 49 CFR Part 26 and as
approved by DOT, is incorporated by reference in this agreement Implementation of this
program a legal obligation and failure to carry out its terms will be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved program, the
USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
The contractor/sub recipient or subcontractor will not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor will carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts.
Failure bythe 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 recipient deems
appropriate.
19
October 23, 2013
Cooperation With Utilities
This work shall be considered incidental to the completion of the project and no separate
measurement or payment will be made.
Contractors shall comply with their legal obligation to follow all of the NM One-Call provisions
Chapter 62 Article 14 NMSA 1978 - Excavation Law. Those provisions can be located at:
http://www.nmprc.state.nm.us/transportation/pipeline/docs/Excavator%20Manual%202013Enq Web.pdf.
Specific to those provisions are the requirements for an excavator to preserve line location
markings or provide an offset mark before obliterating a locate mark. Also included in those
provisions are restrictions on the appropriate use of emergency line locates. Specifically, an
emergency is defined as an excavation that must be performed due to circumstances beyond the
control of the excavator (UFO) and that affects public health, safety or welfare. Additionally, an
emergency locate request should not be used to circumvent poor job planning or economic
consequences. Abuse of emergency location requests is a violation of the excavation law and is
subject to significant administrative fines.
If a Contractor's activities destroys, obliterates, covers or in any way alters utility markings put in
place by the NMDOT (or by a third party on behalf of the NMDOT), the Contractor shall ensure
that those line markings are reestablished before they begin or any Sub-Contractor to them
(including tiered Sub-Contractors) begins work in the affected area. The Contractor shall either
re-mark the utility alignments or provide offset markings to the utility alignment that clearly define
the utility alignment. The Contractor shall both photo-document the utility markings in their
construction area prior to disturbing those markings and photo-document the remarked utility
alignment or the offset markings to ensure accuracy to the original markings. Photos will clearly
identify distances and/or recognizable features needed to ensure re-marks or offset marks are
accurate.
If, as a result of failure by the Contractor or Sub-Contractor to accurately reestablish previously
placed line markings damage occurs to any NMDOT-owned utility infrastructure (including but not
limited to electrical service lines, DSL lines, and fiber optics communication lines, associated
conduits/pull boxes/manholes, pull tapes and locate wires), the Contractor shall be responsible
for all associated repair costs. All damaged infrastructure will be repaired as an emergency
repair (within 24-hours), and shall be in accordance with NMDOT standards and specifications. In
addition, any delays associated with the project schedule as a result of repairing such damage
shall be absorbed by the Contractor not by the project.
Because utility clearance is directly associated with the Contractor's project activities, costs to
repair any damage to NMDOT-owned utilities from failing to comply with the provisions of NM
One Call can, and if necessary will, be recovered from the Contractor's project performance
bond. Recoverable expenses shall also include any costs incurred by the Department while
performing emergency line locates resulting from the Contractor's request of such locates, if
those requests are not consistent with the definition established by NM One-call provisions.
September 17, 2013
Environmental Commitments
Environmental Commitments as shown in the plans shall conform to Supplemental
Specifications for Division 100 General Provisions, Subsection 107.14 — Contractor's
Responsibility for Environmental and Cultural Resource Protection.
August 15, 2013
Professional Services
Reference is made to Supplemental Specifications for Division 100 General
Provisions, Subsection 101.4 — Terms and Definitions. The following has been added
to the definition for Professional Service:
A Professional Service provider is not considered a Subcontractor unless Work is
performed within the Project limits.
July 11, 2013
NMDOT Chief Engineer
In accordance with Supplemental Specifications for Division 100 General Provisions,
Subsection 102.7 — Examination Of Contract, Plans, Specifications, Special
Provisions, And Site Work, paragraph 3, the contact information for the Chief Engineer
is as follows:
Elias E. Archuleta (Acting Chief Engineer)
NMDOT
C/O Chief Engineer RM 203
1120 Cerrillos Road
Santa Fe, NM 87504
Elias.Archuletaastate.nm us
Additionally, in accordance with Supplemental Specifications for Division 100 General
Provisions, Subsection 102.7 — Examination Of Contract, Plans, Specifications,
Special Provisions, And Site Work, paragraph 3, any and all request for Contract
interpretations received by the Chief Engineer will be in the form of an Addendum or a
Question/Answer format document. Distribution of the Question/answer format
document will follow the same process as the distribution of Addendum. The
Question/Answer format document provided by the Department will not be
included in the Contract and will not require acknowledgement of receipt.
Work Zone Safety and Mobility Rules
October 13, 2011
In accordance with 23 CFR 630 Subpart J-Work Zone Safety and Mobility, the following
Memorandum establishes requirements to be implemented and provides guidance for
systematically addressing the safety and mobility impacts of work zones, and
developing strategies to help manage these impacts on highway projects.
1 OF 1
• H . : 44:-11:RJ AileaY1G-42 DEPARi m€4. ) , (L)
TRANSPORTATION
MEMORANDUM
Susana Martinez
Governor
All Contractors working on NMDOT and federally supported
projects for NMDOT
To:
From:
Alvin Dominguez PE, Cabinet Secretary NMDOT
Date:
June 6, 2011
RE:
Work Zone safety and Mobility Rules
Alvin C. Dominguez, P.E.
Cabinet Secretary
Commissioners
Pete Rahn
Chairman
District 3
NMDOT's policy is to plan, design, construct and maintain highways while
providing for the safe and efficient movement of all modes of transportation
through or around a temporary traffic control zone and to ensure safety of the
workers (both NMDOT and contractor). The goal of this policy is to promote a
commitment to implement the requirements of the Work Zone Safety and
Mobility Policy (23 CFR 630 Subpart J) by:
Providing safe work zones for workers and motorists.
Reducing the number of crashes and deaths in work zones
Improve training for all project staff involved in plan development and
construction administration related to work zones
Improve work zone procedures over time by using knowledge and
observations gained from past work zones.
5. Develop and implement Transportation Management (TMP's) for work
zones.
In order for NMDOT to implement this policy, NMDOT is reaching out to all
contractors to communicate our policy for "Federal Highway Administration 23
CFR Part 630 Work Zone Safety and Mobility Rule" NMDOT's policy is in the
form of design directive to comply with the rules. They are as follows
1. IDD-2009-2 Work Zone Traffic Control
http://nmshtd.state.nm.us/uploadiimages/Contracts_UniVIDD-2009-02.pdf
General Office
P.O. B o x 1 1 4 9
Santa Fe, NM 87504
Debia Hicks
Vice Chairman
District 2
Dr. Kenneth White
Secretary
District I
Ronald Schmeits
Commissioner
District 4
Butch Mathews
Commissioner
District 5
Jackson Gibson
Commissioner
District 6
2. IDD-2009-05- Temporary Traffic Control Devices Rule- Subpart - K
http://nmshtd.state.nm.us/upload/images/Contracts_Unit/IDD - 2009 - 05.pdf
Strict compliance to NMDOT/MUTCD policies is required by all
contractors working on NMDOT and Local Government projects. In addition
to compliance of NMDOT/MUTCD polices, all contractors shall adhere to
Section 618 "Traffic Control Management", Section 702 "Construction Traffic
Control Devices" of the NMDOT Standard Specifications and all applicable
Section 700's of the Contract Special Provisions for all NMDOT projects.
As the result of our design directives several key points are emphasized:
"Truth in signing" program and policy
Quality of traffic control devices to follow NMDOT quality standards
Training and certification for traffic control Design Specialists,
technicians, and supervisors
Proper documentation and maintenance of the traffic control diary
Improve worker visibility
Adherence to NMDOT policy for positive protection devices
Proper installation and maintenance of temporary traffic control
devices during construction
Positive protective barriers between workers and the motorized
traveling public
Safe entry/exit for work vehicles and equipment
Use of uniformed law enforcement
NMDOT recognizes the importance of working with our contractors to provide
safe work zones for workers and the traveling public. It is imperative that all
contractors working on NMDOT and Local Government Projects fully
understand the Work Zone Safety and Mobility Policy (23 CFR 630 Subpart J)
in order to provide safe work zones through their construction projects for the
traveling public and workers.
Your cooperation to implement these rules is required.
Primary Points of Contact on Compliance at NMDOT are as follows:
State Traffic Engineer (Design Standards & Policies, technical Support)
District Traffic Engineers (Maintenance & Construction Operations Support,
Data Analysis, Work Zone Implementation)
State Construction Engineer (Construction Support)
June 23, 2011
NMDOT Office of Inspector General
New Mexico Department of Transportation/Office of Inspector General. As
specified in New Mexico State Transportation Commission Policy Number 30
(CP-30), dated June 2006, the Department's Office of Inspector General
(OIG) has the authority to carry out all duties required to collect information,
conduct audits, special studies and investigations. The duties are the same
as those specified in federal law: Office of Inspector General, 23 USC §302
(the capability to carry out the duties required by law); 23 USC §112
(contracting for engineering and design services); 23 USC §106 (project
approval); 23 USC 112 - Sec. 112, (letting of contracts); 23 USC 113 - Sec.
113 (prevailing rate of wage); 23 USC 114 - Sec. 114 (construction); 23 CFR
635 & 23 CFR 636 (design build); 23 CFR 637 (construction inspection
approval). The duties of the Department's OIG also arise from the
responsibility all state Departments of Transportation have for ensuring that
all federal-aid projects are carried out in accordance with federal
requirements. This responsibility was specifically clarified in 23 U .S.C. 106,
as amended by Section 1904(a) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public
Law 109-59).
1
Notice to Contractors
November 8, 2010
Equal Employment Op portunity (EEO) Software Programs
Federal-aid Projects
The prime contractor and all subcontractors working on federal-aid projects shall use the
following EEO Software Programs to report specific EEO, Labor Compliance and
Disadvantaged Business Enterprise (DBE) information as required by the contract and as
specified by the NMDOT's Office of Equal Opportunity Programs. The two software programs
are:
B2Gnow software
LCPtracker software
B2Gnow — (Business to Government Now), is a web-based software program used to collect,
verify and manage payment information for prime contractors and subcontractors working on
federal-aid projects. Additionally, the software is used to collect and report DBE participation
and utilization on federal-aid projects.
LCPtracker — (Labor Compliance Program Tracker) — LCPtracker is a web-based software
program used to collect, verify and manage prevailing wage certified payrolls and related labor
compliance documentation for prime contractors and subcontractors on federal-aid projects.
Use of B2Gnow and LCPtracker software programs is required and shall be considered
incidental to the contract. Failure of a contractor or subcontractor to use the required software
programs to report specific EEO, Labor Compliance and DBE information may result in NMDOT
withholding future progress payments until such time as compliance with this requirement is
achieved. Weekly submission of hard copy certified payrolls remains mandatory.
Information on access to the software programs, log-on information, use of the programs,
available training, user manuals, etc. can be obtained by contacting:
Office of Equal Opportunity Programs
1596 Pacheco Street, Suite 107
Santa Fe, NM 87505
(505) 827-1774 or Toll Free (800) 544-0936
February 7, 2008
New Mexico Employees Health Coverage
1. For all contracts solicited and awarded on or after January 1, 2008: If the
offeror has, or grows to, six (6) or more employees who work, or who are
expected to work, an average of at least 20 hours per week over a six (6) month
period during the term of the contract, offeror must agree to:
have in place, and agree to maintain for the term of the contract,
health insurance for those employees and offer that health insurance to
those employees no later than July 1, 2008 if the expected annual value in
the aggregate of any and all contracts between Contractor and the State
exceed one million dollars or;
have in place, and agree to maintain for the term of the contract,
exceed $500,000 dollars or
(c) have in place, and agree to maintain for the term of the contract,
exceed $250,000 dollars.
2. Offeror must agree to maintain a record of the number of employees who
have (a) accepted health insurance; (b) declined health insurance due to other
health insurance coverage already in place; or (c) declined health insurance for
other reasons. These records are subject to review and audit by a representative
of the state.
Offeror must agree to advise all employees of the availability of State publicly
financed health care coverage programs by providing each employee with, as a
information:
the following web site link to additional minimum,
http:Mnsurenewmexico.state.nm.us/.
For Indefinite Quantity, Indefinite Delivery contracts (price agreements without
specific limitations on quantity and providing for an indeterminate number of
orders to be placed against it); these requirements shall apply the first day of the
second month after the offeror reports combined sales (from state and, if
applicable, from local public bodies if from a state price agreement) of $250,000,
$500,000 or $1,000,000.
Page 1 of 2
For all contracts exceeding one million dollars, the Awarded Contractor will
be required to provide a letter stating that they currently offer, or that they
will offer by July 1, 2008, health insurance to its New Mexico employees.
For all contracts exceeding $500,000 dollars, the Awarded Contractor will
be required to provide a letter stating that they currently offer, or that they
will offer by July 1, 2009, health insurance to its New Mexico employees.
For all contracts exceeding $250,000, the Awarded Contractor will be
required to provide a letter stating that they currently offer, or that they will
offer by July 1, 2010, health insurance to its New Mexico employees.
Page 2 of 2
August 10, 2005
Planholders
PRopeoe
YOU ARE HEREBY ADVISED OF THE FOLLOWING:
Section 102.7 of the Standard Specifications mandates that bidders inspect and become
familiar with the plans and specifications for the work in advance of bidding. In order for
a bidder to verify that it has complied with this mandate it must seek and obtain from the
PS&E Section status as a "Planholder" for the project on which it intends to bid. To
obtain such status, a bidder must do any one of the following: (1) Request a set of
contract documents including the plans for the project on which the contractor
anticipates bidding, or (2) Submit via Telefax (505.827.5290) written confirmation that
the bidder has obtained a copy of the contract documents and plans from a source other
than the PS&E Section. Under option (2), such written confirmation by Telefax must be
received by the PS&E Section no later than the Wednesday preceding a Friday bid
opening. Failure of a bidder to seek status as a "Planholder" in one of the two ways
identified herein will render its bid non-responsive and its bid shall be rejected.
August 26, 2005
EW MEXICO DEPARTMENT OF TRANSPORTATION
SUBCONTRACTOR PAYMENT AND PERFORMANCE BONDS
Senate Bill 814, passed during the New Mexico ar, Legislature, requires a payment and
performance bond for all subcontractors with contracts of $50,000 or more on a public
works building project. The New Mexico Department of Transportation interprets this
provision to mean that such bonds are required for public works projects or portions
thereof involving construction of "buildings" or similar habitable structures, not highway
or bridge construction. Accordingly, please be advised that SB 814 shall not apply to
this project.
December 9, 2005
Environmental and Archaeological Approvals for Pit Areas
The NMDOT, in consultation with the State Historic Preservation Officer (SHPO)
has determined that any pit activity, excluding commercial pits, requires formal
tribal consultation. This includes any additional pit clearances during
construction, and may extend the approval time beyond 30 days if concerns are
expressed by the affected tribes. Contact the NMDOT Environmental Section at
(505)827-5224 for a list of relevant tribes.
Therefore, it is highly recommended that comprehensive environmental and
archaeological approvals be obtained for any potential pit areas as early as
possible.
If additional time beyond 30 days is required for environmental or archaeological
approval and the Contractor's critical path is affected, the Contract time will be
extended for that additional time. However, no payment of additional monetary
compensation due to this delay will be considered.
22-Ju1y-2003
The official name for the Department has been changed to New Mexico Department Of
Transportation. Henceforth, all Special Provisions, drawings and construction
documents shall apply to the revised name.
Borrow and Surfacing Status
August 15, 2007
Borrow and surfacing material may be obtained from any acceptable source
where the materials conform to requirements indicated on the Plans and/or
Specifications.
The New Mexico Department of Transportation is under no obligation to
purchase excess stockpiled material from the Contractor that is not required for
the completion of the project.
This project may be eligible for free use materials in accordance with 23 CFR
710.601 Federal Land Transfer. In order to accommodate the Federal Land
Transfer, should the Contractor elect to pursue the free use material source(s),
the Contractor shall contact the Department (Mary Pacheco at 505-827-3763) as
soon as they have been identified as the Apparent Low Bidder. The Contractor
shall be responsible for performing all necessary actions to achieve the Federal
Land Transfer.
There is no assurance that a Federal Land Transfer will be granted.
A free use permit will not be considered valid to secure a federally funded
NMDOT project. Only an FHWA/NMDOT approved Federal Land Transfer will
be considered valid.
Control Number 5100161
This project is located in Santa Fe County and is situated in the Middle Rio Grande
and Upper Pecos Basins. The Contractor is required to abide by the water laws of the
State and the rules and regulations of the Office of the State Engineer when
appropriating water.
The project will require One Million Eight Hundred Forty-five Thousand three
hundred and seventy-five (1,845,375) gallons of water, therefore, a 5.75 acre-foot
permit should supply ample water for the contractor's needs. The contractor shall
locate a source of water and/or a well near the project and contact John Lopez at 505827-1738 with the legal description by Section, Township and Range, down to a forty
(40) acre subdivision, unless otherwise prescribed by the State Engineer. If more
water is required, please contact John Lopez and necessary arrangements will be
made with the appropriate Office of the State Engineer.
All water used from a State Engineer permitted water source on this project must be
metered by an accurate totalizing meter furnished and installed by the contractor under
the supervision of the project manager. The project manager will be responsible for
reporting each month the amount of water used by the contractor to the Office of
the State Engineer in accordance with the special provisions of the water permit.
The water reports will be numbered. The first report will indicate that it is the "Initial
Report". The last report will indicate that it is the "Final Report". The water report will
include the control number and project number, name of the contractor and the State
Engineer's water permit number. An informational copy of the water report will be
forwarded by mail to the New Mexico Department of Transportation, Right of Way
Bureau, P. 0. Box 1149, Attn: John Lopez, Santa Fe, New Mexico 87504-1149, by email at [email protected] and the water vendor, if applicable.
Surface water of any kind may not be used anywhere within the State without first
making application to and obtaining a permit from the Office of the State Engineer.
The New Mexico Department of Transportation and its project manager will act as
coordinators with the Office of the State Engineer and/or private water vendors relative
to all water matters on this project, if called upon.
The New Mexico Department of Transportation assumes no responsibility or
provides no assurance to its contractors that water and/or water rights will be
available on any particular project, either prior to or after the letting.
The contractor shall hold the New Mexico Department of Transportation and
private water vendors harmless from any and all claims or causes of action that
may arise as a result of the use and services provided the contractor relative to
water on this project.
Submitted: November 12, 2013
January 13, 1994
You are hereby advised that Form PIMA-1273, Required Contrac
Provisions - Federal Aid Construction Contracts is supplemented by
the addition of the following:
'II. NONDISCRIMINATION
PREFERENCE EXPLOYNENT OF INDIAN TRIBES
Preference shall be given to members of the Indian Tribe in
every aspect of employment including, without limitation of the
foregoing, initial hiring, training, promotions, and in
situations of termination and reductions in force.
This contract requirement is an expansion of the special
provisions pertaining to the specific equal employment
opportunity responsibilities for Contractors contained elsewhere
in this contract and the provisions contained under FERA-1273.
It is the intent that preferential treatment will be given to
Indians. The Contractor will be required to establish liaison
for contact persons with local tribal employment offices. The
tribal office will then assist contractors in providing Indians
with skills and experience.•
The above preferential clause will be interpreted to mean that the
Contractor will be allowed to move in with his normal supervisory
construction force and other specially experienced individuals
Indian preference in employment, training and promotions will be in
effect for all other positions or classifications provided there are
Indians available who can do the work required. Verification of the
availability will be . made with the local tribal office.
In addition to the Special Provision for submission of weekly
payrolls, all contractors and subcontractors shall be required to
submit one (1) additional certified copy of the project weekly
payrolls to the state's project manager.
This Notice to Contractors will be deemed as supplemental to and not
in conflict with 41 CFR 60-1.5(a)(6) which provides as follows.
'1 (6) Bork on or near Indian Reservations---It shall not be a
violation of the equal opportunity clause for a construction or
nonconstruction contractor to extend a publicly announced
preference in employment to Indians living on or near an Indian
reservation in connection with employment opportunities on or
near an Indian reservation. The use of the word •near would
include all that area where a person seeking employment could
reasonably be expected to commute to and from in the course of a
work day. Contractors or Subcontractors extending such a
preference shall not, however, discriminate among Indians on the
basis of religion, sex, or tribal affiliation, and the use of
such a preference shall not excuse a contractor from complying
with the other requirements contained in this chapter.
(Subsection 6, as added, effective February 17, 1977).•
April 26, 1988
In submitting their Bid Bond, it is not mandatory that Contractors use Bid Bond form
No. A-100. The Department strongly encourages all Contractors to use this form, but
if the Contractor elects not to use it, the Bid Bond must be submitted on a form
acceptable in the construction industry.
September 12, 2001
Patents On Milling Equipment And Operations
Each Contractor is hereby notified that the milling equipment and processes used by
the Contractor to perform any and all milling work required under this Contract may be
subject to one or more of the following United States patents: 4,701,069; 5,607,255;
2,574,090; 2,826,128; 3,094,046; 3,407,005; 3,529,517; 3,801,211; 3,868,146;
3,874,806; 3,929,377; 4,575,278; 5,391,017; 3,094,047; 3,807,634; 4,701,069;
4,744,604; 4,793,732; 4,797,025; 4,824,516; 4,896,995; 4,900,094; 4,938,537;
4,943,199; 4,986,604; 5,046,890; 5,059,061; 5,094,565; 5,161,910; 5,259,692;
5,297,894; 5,391,017; 5,415,495; or other patents not listed here. It is the responsibility
of the Contractor to investigate the applicability of such patents to the Contractor's
milling work, and pay such royalties or other related charges as are lawfully imposed by
the patent holders. Royalty payments or other related costs, if any, will be deemed
incidental to the amount bid for the item(s) requiring milling. It is therefore incumbent
on the Contractor to factor such costs, if any, into its bid for those items. The
Department will not otherwise reimburse the Contractor for such patent royalties or
other related charges.
September 14, 1994
To report bid rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (DOT) operates the above toll-free "Hotline"
Monday through Friday, 8:00 A.M. to 5:00 P.M., eastern time. Anyone with
knowledge of possible bid rigging, bidder collusion, or other fraudulent activities
should use the "Hotline" to report such activities.
The "Hotline" is part of the DOT's continuing effort to identify and investigate
highway construction contract fraud and abuse and is operated under the direction
of the DOT Inspector General. All information will be treated confidentially and caller
anonymity will be respected.
LABOR REPORTING AND SUBMISSION OF WEEKLY PAYROLLS
June 1, 2012
The New Mexico Department of Workforce Solutions (DWS) mandates tracking construction project weekly
payrolls and the process by which this reporting is accomplished by the Contractor. Knowledge of the DWS rules
and procedures is attributed to the Contractor prior to its bid submission. The latest forms posted in the DWS
website, http://www.dws.state.nm.us , must be used for submittals. All outdated forms submitted will be rejected and
the contractor/subcontractors will be required to resubmit the current DWS forms.
NMDOT shall send the DWS "Notification of Award" (NOA), "Subcontractor List", "Statement of Intent to Pay
Prevailing Wages" and "Affidavit of Wages Paid" forms to the Contractor together with the Preliminary Notice of
Award. Additionally, the "Statement of Intent" form, "Affidavit of Wages Paid" form, and instructions are available
directly from DWS.
Before any work starts, the Contractor shall fully and properly complete the DWS NOA and "Subcontractor List"
forms. The Contractor shall submit the NOA and "Subcontractor List" forms to the Project Manager at the preconstruction conference. Failure to do so may delay the start of the Project. The Project Manager shall sign the
NOA and fax or mail both the NOA and "Subcontractor List" forms to the DWS Public Works Bureau. The Project
Manager shall place a copy of both the NOA and "Subcontractor List" forms in the Project EEO files and shall
forward a copy of both to the NMDOT Office of Equal Opportunity Programs (OEOP), the District Engineer (for
District Files) and the Prime Contractor.
The Contractor and each Subcontractor (at all tiers) shall complete one (1) original DWS "Statement of Intent to Pay
Prevailing Wages" form and shall submit it to and obtain approval of it from DWS prior to starting any work on the
job site. Three (3) copies of the approved form shall be submitted to the Project Manager at the pre-construction
conference for the Contractor and each known Subcontractor. The Project Manager will place one of the copies of
the "Statement of Intent to Pay Prevailing Wages" in the EEO section of the Project files and will forward the other
copies to OEOP and the District Engineer. The Project Manager will ensure that the Contractor includes copies with
each Subcontract submitted for approval. For subcontracts established later on in the Project, the DWS approved
"Statement of Intent to Pay Prevailing Wages" form shall be submitted with the NMDOT "Request for Permission to
Subcontract" forms. No subcontracts shall be approved without the submittal of the approved "Statement of Intent to
Pay Prevailing Wages" forms along with the "Request for Permission to Subcontract" forms.
Once construction begins, the Contractor and all Subcontractors shall submit weekly payroll information as follows:
On Federally funded and Federal-aid projects, the Contractor and all Subcontractors shall submit
weekly payroll information into the LCPtracker software program.
On 100% State funded projects, the Contractor and all Subcontractors shall submit one (1) certified
hard copy of the Project weekly payroll to the Project Manager's office. Utilization of LCPtracker is
not available for 100% State funded projects.
All payrolls for the Project shall be submitted no later than five (5) working days following the close of the second
payroll period. When payrolls are required by DWS, the Contractor shall be responsible for submitting certified
copies of payrolls for the Prime Contractor and all Subcontractors.
Prior to release of the final pay estimate, the Contractor and each Subcontractor (at all tiers) shall complete one (1)
original DWS "Affidavit of Wages Paid" form and shall submit it to and obtain approval of it from DWS. The
Contractor shall then submit a copy of its and all its Subcontractors' approved "Affidavit of Wages Paid" forms to
the Project Manager.
Each Contractor and Subcontractor shall preserve its weekly payroll records for a period of four (4) years from the
date of completion of the contract.
On state funded projects, the Rules and Regulations under the New Mexico Public Works Minimum Wage Act are,
by this reference, made a part of this Contract. On Federally-funded projects, these provisions hereby supplement
Paragraph V, Part 2 of the Required Contract Provisions on all Federal Aid Construction Contracts, FHWA-1273.
APPRENTICES/TRAINEES
(Program of Department of Labor)
April 14, 2003
Before using apprentices/trainees of this project, the Contractor shall present to the
Contracting Officer written evidence of registration of such employees. All apprentices
shall be properly indentured and in compliance under registered apprenticeship
standards and written apprenticeship agreements. All trainees must be properly enrolled
in a bona fide training program approved for application on construction projects by the
appropriate state and/or federal agency(ies). Written evidence of apprenticeship
registration from the U.S. Department of Labor, Bureau of Apprenticeship and Training,
Bank of America Building, 500 4 th St., N.W., Suite 401, Albuquerque, New Mexico
87102, Telephone No. (505) 245-2155 is required for apprentices. Certification from the
registered program Administrator showing enrollment status of trainees is required for
trainees. If the apprentice/trainee is not registered in a bona fide apprenticeship/training
program as mentioned above, the journeyman's wage rate for that particular
classification in which he/she is working is applicable.
Apprentices/Trainees (Program of Department of Labor) - Page 1 of 1
REQUIRED CONTRACT PROVISIONS
TITLE VI - CIVIL RIGHTS ACT
July 28, 2006
The New Mexico Department of Transportation in accordance with Title VI of the
Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d- 2000d-4 and Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the
Department of Transportation issued pursuant to such Act, hereby notified all
bidders that it will affirmatively insure that in any contract entered into pursuant to
this advertisement, minority and women business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, national origin or handicap in
consideration for an award.
Reference is made to the Department's Title VI Plan, Appendix A and Title VI
assurances.
For further information, contact the Office of Equal Opportunity Programs Bureau
located at 1596 Pacheco St., Aspen Plaza Building, PO Box 1149, Santa Fe, New
Mexico, 87504-1149, Telephone Number (505)827-1777.
April 6, 2009
HELP STOP FRAUD, WASTE & ABUSE
CALL
1-800-671-STOP
(1-800-671-7867)
The New Mexico Department of Transportation (NMDOT), Office of Inspector
General (01G), has established the above toll free "Hotline" which is in
operation 7 days a week, 24 hours a day.
Anyone with knowledge of an instance of fraud, waste or abuse, or any
similar illegal or unethical activity perpetrated by another contractor or
employee, NMDOT employee, or other person, which may affect the cost,
completion or correct and safe construction of any New Mexico highway
project may use this number to report such activity.
The "Hotline" is part of the NMDOT'S continuing effort to ensure that once a
project is completed the motoring public can be assured that they are
traveling on a safe and sound roadway.
All information will be treated confidentially and caller anonymity will be
respected.
The New Mexico Fraud Against Taxpayers Act:
The New Mexico Fraud Against Taxpayers Act, (44-9-12 NMSA 1978) has been
in effect since July 1, 2007 and provides civil penalties for submitting a claim to a
state agency based on false, fraudulent or misleading information. The Act also
includes a financial incentive for parties with knowledge of such a claim to come
forward.
November 17, 2003
Pursuant to Section 13-1-108 NMSA 1978 (1987 Cum. Supp.) you are hereby
notified that all bids submitted are to exclude the applicable state gross receipts tax
or applicable local option tax. The New Mexico Department of Transportation will pay
the applicable tax including any increase in the applicable tax becoming effective
after the date the contract is entered into. The applicable gross receipts tax or
applicable local option tax will be shown as a separate amount on each billing or
request for payment made under the contract.
AIR QUALITY PERMITS
November 8, 2011
In accordance with 20 NMAC 2.72 of the Air Quality Control Regulations, an air
Quality Permit is required for the operation of any asphalt plant or gravel crushing or
screening facility prior to commencement of construction. In accordance with 20
NMAC 2.73, a Notice of Intent is required for the operation of a concrete batch plant.
Permits and Notices of Intent are administered by the Environment Department's Air
Pollution Control Bureau.
In accordance with 20 NMAC 20.41 of the Albuquerque / Bernalillo County Air
Quality Control Board regulations, an air quality permit is required for the operation
of any asphalt plant or gravel crushing or screening facility or concrete batch plant
prior to commencement of construction when operating in Bernalillo County on non
Tribal lands. In Bernalillo County, the air quality permits are administered by the City
of Albuquerque / Bernalillo County Air Quality Program.
The Contractor is advised that in addition to the documentation required to execute
the contract, as indicated on the Preliminary Notice of Award, a copy of the Air
Quality Construction Permit or "Ruled Complete" letter or Notice of Intent letter from
the Environment Department is also required. The Permit or Notice of Intent letter
shall be for the operation of EACH type of plant to be used on the awarded project.
This does not apply to relocation notices. Failure to submit the documentation within
fifteen days after the Preliminary Notice of Award has been received by the
Contractor shall be just cause for the cancellation of the award of contract and the
forfeiture of the proposal guaranty which shall become the property of the Highway
and Transportation department, not as a penalty, but in liquidation of damages
sustained.
For information on Air quality construction permits and Notices of Intent, contact:
Ted Schooly
New Source Review Unit/Air Pollution Control Bureau
New Mexico Environment Department
1301 Siler Road Building B
Santa Fe, New Mexico 87505
Telephone: 505.476.4348
Isreal Tavarez
City of Albuquerque/Environmental Health Department
Air Quality Division
PO Box 1293
Albuquerque, New Mexico 87103
Telephone: 505.768.1972
WAGE RATES
August 16, 2013
You are hereby advised that wherever differences exist between the minimum wage
rates shown under Wage Decisions of the Office of the New Mexico Department of
Workforce Solutions, Santa Fe, and those shown under U.S. Department of Labor
Wage Decision No. NM 13-48 dated August 16, 2013, and any modifications thereto
noted in the contract assembly, the higher wage rates shall govern.
General Decision Number: NM130048 08/16/2013 NM48
Superseded General Decision Number: NM20120048
State: New Mexico
Construction Type: Highway
County: Santa Fe County in New Mexico.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Modification Number
0
1
Publication Date
01/04/2013
08/16/2013
• ELEC0611-003 07/01/2013
Rates
ELECTRICIAN (Boom Operator) $ 29.21
Fringes
12.29
SUNM2011-002 08/25/2011
Rates
Fringes
CARPENTER (Includes Form Work) $ 13.88
0.44
CEMENT MASON/CONCRETE FINISHER $ 14.60
0.26
ELECTRICIAN (Includes Traffic
Signalization and
Installation) $ 25.06
8.56
HIGHWAY/PARKING LOT STRIPING:
Includes Highway Line/Parking
Lot Line Striping and Line
Striping Truck Driver $ 14.75
0.35
IRONWORKER, REINFORCING $ 22.44
5.85
$ 11.21
$ 13.55
0.35
0.35
$ 10.25
$ 17.13
0.35
5.04
$ 17.20
$ 12.00
$ 16.67
0.26
0.26
1.57
LABORER
Common or General Flagger/Cone Setter Mason TenderCement/Concrete Pipelayer POWER EQUIPMENT OPERATOR:
Backhoe/Excavator/Trackhoe Bobcat/Skid Loader Broom/Sweeper NM 48 - 1
Grader/Blade Loader (Front End) Mechanic Oiler Piledriver Roller (Asphalt and Dirt) Trencher TRUCK DRIVER
Dump Truck Flatbed Truck Pickup Truck Water Truck $
$
$
$
$
$
$
17.64
16.43
23.24
22.08
15.73
16.27
15.22
1.51
0.26
1.51
8.72
0.26
1.51
0.26
$
$
$
$
15.04
13.51
12.95
12.96
0.26
0.26
0.26
0.26
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) (1) (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
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four-digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
NM 48 - 2
0000/9999: weighted union wage rates will be published annually
each January.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage 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
NM 48 - 3
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
NM 48 - 4
MINIMUM WAGE RATES
June 24, 1994
In accordance with the rules and regulations under the New Mexico Public Works
Minimum Wage Act, all certified payrolls submitted must contain required
information as stated on the pertinent information sheet of the Wage Rate Decision
issued on said project.
Special reference is made to Item 2G which indicated that the wage rate decision
number must be indicated on the certified payroll submission. THIS WAGE RATE
DECISION NUMBER MUST BE INDICATED ON ALL PAYROLL SUBMISSIONS BY
THE PRIME CONTRACTOR, SUB-CONTRACTORS AND THEIR TIERS.
The wage rate decision is an integral part of the project specifications and
contracting agencies must insure compliance with this provision before payment is
made to the contractor.
CN 5100161: Wage Decision # SF-13-1485 A
Cold Milling w/Overlay (Flexible), Traffic Control (Phasing) and Miscellaneous Construction
TYPE "A" - STREET, HIGHWAY, UTILITY & LIGHT ENGINEERING
Effective January 1, 2013
Trade Classification
Bricklayer/Blocklayer/Stonemason
Carpenter/Lather
Cement Mason
Ironworker
Painter (Brush/Roller/Spray)
Base Rate
Fringe Rate
17.74
15.99
15.52
21.77
17.56
0.26
0.44
0.26
6.03
0.44
26.79
29.61
30.20
31.38
28.30
11.03
11.03
11.03
11.03
4.07
13.73
14.03
14.43
0.35
0.35
0.35
15.74
15.94
16.52
16.54
16.53
16.69
16.74
16.89
17.39
18.19
0.26
0.26
0.26
0.26
0.26
0.26
0.26
0.26
0.26
0.26
13.32
13.52
13.72
13.92
0.26
0.26
0.26
0.26
Electricians (outside)
Groundman
Equipment Operator
Lineman/Wireman or Tech
Cable Splicer
Plumber/Pipefitter
Laborers
Group I
Group II
Group III
Operators
Group I
Group II
Group III
Group IV
Group V
Group VI
Group VII
Group VIII
Group IX
Group X
Truck Drivers
Group I
Group II
Group III
Group IV
NOTE: SUBSISTENCE AND INCENTIVE PAY DO NOT APPLY TO TYPE "A" CONSTRUCTION.
CELINA BUSSEY
SECRETARY
SUSANA MARTINEZ
GOVERNOR
JOHN SANCHEZ
LT. GOVERNOR
STATE OF NEW MEXICO
DEPARTMENT OF WORKFORCE SOLUTIONS
625 Silver Ave SW Suite 410
Albuquerque, NM 87102
Telephone (505) 841-4405
Fax (505) 841-4420
PUBLIC WORKS PROJECT REQUIREMENTS
As a participant in a Public Works project valued at more than $60,000 in the State of New
Mexico, the following list addresses many of the responsibilities that are assigned by statute to
each project stakeholder.
Contracting Agency
Ensure that all contractors/prime contractors wishing to bid on a Public Works project
when the project is $60,000 or more are actively registered with the Labor Relations
Division, Labor Enforcement Fund (LEF) prior to bidding.
Provide completed Notice of Award (NOA) and Sub-Contractor list to Labor Relations
Division promptly after the project is awarded.
Provide updates to the Sub-Contractor list to the Labor Relations Division
General Contractor
Provide to the Contracting Agency within 3 (Three) days of award a complete subcontractor list and Statements of Intent (SOD to pay Prevailing Wages for each
contractor.
Ensure that all sub-contractors wishing to bid on a Public Works project when their
portion is over $60,000 are actively registered with the Labor Relations Division prior to
bidding.
Submit bi-weekly certified payrolls to the owner/contracting agency.
Make certain NM Apprenticeship and Training Fund payments are to be paid either to an
approved Apprenticeship program or to the Labor Relations Division.
Confirm the Wage Rate poster, provided by the Labor Relations Division, is displayed at
the job site in an easily accessible place.
Make sure, when a project has been completed, the Affidavits of Wages Paid (AWP) is
sent to the Contracting Agency.
Sub-Contractor
Ensure that all sub-contractors wishing to bid on a Public Works project when their
portion is over $60,000 are actively registered with the Labor Relations Division prior to
bidding.
Submit bi-weekly certified payrolls to the General Contractor(s).
Make certain NM Apprenticeship and Training Fund payments are to be paid either to an
approved Apprenticeship program or to the Labor Relations Division.
"AN EQUAL OPPORTUNITY EMPLOYER"
Additional Information
Reference material and forms for these requirements are available through the following New
Mexico Workforce Solutions Web Link.
www.dws.state.nm.us/new/Labor Relations/publicworks.html.
Additional Information
Additional information, requirements, and documents on these topics can be found through the
Public Works web pages.
Labor Enforcement Fund (LEF)
Weekly Certified Payroll
Public Works Apprenticeship and Training Fund (PWAT)
Forms: Statement of Intent (SOD, Affidavit of Wages Paid (AWP)
Prevailing Wage Rates (Base Rates, Fringe, and Apprenticeship Contributions)
CONTACT INFORMATION
Contact us for any questions relating to Public Works Projects.
Kim Kew at kim.kew cbstate.nm.us or 505-841-4405
Otis Caddy L nnaCadd thstatemm.us 505-841-4406
Stacey Lowrey Staccy.LowrcyCiP, statemm.us 505-841-4412
"AN EQUAL OPPORTUNITY EMPLOYER"
Revision Date 8/23/13
New Maxis
DEPARTMENT OF TRANSPORTATION
CONSTRUCTION PLANS
SANTA FE COUNTY
CN 5100161
1-25
MP 294.50 TO MP 299.55
SANTA FE Co. District Five
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T. 15 N.
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SHIPPING POINTS:
SANTA FE
BOP I - 25
NMP CN_5100161
STA. 213+58.40 = MP 294.50
T. 15 N., R. 10 E., PROJ.
SEC. 4 WITHIN THE CANADA
DE LOS ALAMOS GRANT
INTENT OF PROJECT
COLD MILL 3.5" DRIVING LANES AND COLD MILL 3.0" SHOULDERS,
(5" COLD MILLING AT REHABILITATION AREA'S) OVERLAY WITH 3" (DRIVING LANES AND SHOULDERS)
HMA SP III, STRIPING, RUMBLE STRIPS, AND OGFC.
THESE PLANS WERE DESIGNED AND/OR ASSEMBLED BY:
PHONE: (505) 476-4161
Chris Urioste
N.M.D.O.T. DIST. 5
PROJECT DEVELOPMENT ENGINEER Richard Salazar
PHONE: (505) 476-4163
N.M.D.O.T. DIST. 5
ENGINEER COORDINATOR
Habib Abi-Khalil PHONE: (505) 476-4146
N.M.D.O.T. DIST. 5
CONSTRUCTION SUPPORT
Edward Martinez
N.M.D.O.T. DIST. 5
Santa Fe Patrol 45-46
PHONE: (505) 231-2862
THE 2007 NEW MEXICO DEPARTMENT OF TRANSPORTATION
STANDARD SPECIFICATIONS FOR HIGHWAY & BRIDGE CONSTRUCTION
SHALL GOVERN CONSTRUCTION OF THIS PROJECT.
6
5
ci
SHEET DESCRIPTION VICINITY MAP
F
PROJECT CONTROL NO. CN5100161
DESIGNED BY: RICHARD SALAZAR
DATE:
PHONE: (505)476-4163
EMAIL: Richard.Salazarraslatemmvs
APPROVAL:
DATE:
CHECKED BY
DATE
NEW MEXICO PROJECT CN 5100161 1-25 SHEET NO. 1 - 2
4
NO
DESCRIPTION
DATE BY
REVISIONS OR CHANGE NOTICES)
INDEX OF SHEETS
SHEET NO.
1-1
1-2
1-3
1-4
1-5 TO 1-7
1-8
DESCRIPTION
COVER SHEET
VC INITY MAP
INDEX OF SHEETS
SUMMARY OF QUANTITIES
GENERAL NOTES
ENVIRONMENTAL COMMITMENTS
DATE
SERIAL
SUB-TOTAL 8 SHEETS
2-1
2-2
2-3 & 2-4
2-5 & 2-6
EXISTING TYPICAL SECTION - LOP AND ADTS
PROPOSED TYPICAL SECTION
SURFACING SCHEDULE
MISCELLANEOUS QUANTITIES
SUB-TOTAL 6 SHEET
3X
I NOT USED
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4X
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INOT USED
6-1
6-2
6-3
CONSTRUCTION SIGN FACE DETAILS
SEQUENCE OF CONSTRUCTION
CHANNELIZATION DEVICES & PORTABLE SIGN SUPPORTS FOR CONST. MAINT.
UTL. & INCIDENT MGMT. OPERATIONS
CONSTRUCTION TRAFFIC NOTES
DOUBLE FINES IN WORK ZONES SIGNING LAYOUT
DOUBLE FINES IN WORK ZONES SIGN FACE DETAILS
BOP/EOP SIGNING (4 LANE)
TYPICAL SIGNING FOR OGFC OPERATION; INTERSTATE
INSIDE LANES / MEDIANS, OUTSIDE LANES OPERATIONS; INTERSTATE
MAINTENANCE TRAFFIC CONTROL PLANS, MOBILE OPERATIONS
ON MULTI-LANE ROAD
TRAFFIC CONSTRUCTION SIGNING QUANTITIES
SUMMARY OF QUANTITES
SUB-TOTAL 12 SHEETS
6-4
6-5
6-6
6-7
6-8
6-9
6-10
6-11
6-12
4/25/2005
702-01-1/3
4/25/2005
702-01-2/3
2/28/2007
4/17/2008
4/17/2008
7/15/2005
3/14/2005
2/21/2005
2/23/2005
702-01-3/3
702-02-1/2
702-02-2/2
702-04-1/1
702-08-1/1
702-09-1/1
702-12-2/2
7X
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8X
NOT USED
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9X
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10X
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12-1
MILLED RUMBLE STRIPS
SERIALS REQUIRED
DATE
08/09/2006
SERIAL
631-01-1/1
SUB-TOTAL 1 SHEET
13X
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PROJECT TOTAL 27 SHEETS
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GENERAL NOTES
MILEPOSTS. THE MILEPOSTS SHOWN ON THE PLANS ARE APPROXIMATE ONLY. THE
EXACT LOCATIONS OF THE B.O.P. AND THE E.O.P. SHALL BE DETERMINED IN THE FIELD
BY THE PROJECT ENGINEER.
PAVEMENT DROP-OFF GUIDELINES IF A PAVEMENT DROP-OFF IS CREATED DURING
CONSTRUCTION, THE CONTRACTOR SHALL INITIATE PROTECTIVE ACTION IN ACCORDANCE
WITH THE DEPARTMENTS CURRENT "DROP-OFF GUIDELINES" ADMINISTRATIVE DIRECTIVE
it 241. THIS WORK SHALL BE CONSIDERED INCIDENTAL TO THE COMPLETION OF THE
PROJECT AND NO SEPARATE MEASUREMENT OR PAYMENT WILL BE MADE THEREFORE.
CONSTRUCTION EQUIPMENT & MATERIAL STORAGE. THE CONTRACTOR SHALL ONLY
STORE EQUIPMENT AND MATERIALS AT PRE APPROVED LOCATIONS BY THE PROJECT
ENGINEER. THE CONTRACTOR SHALL NOT STORE EQUIPMENT OR MATERIAL WITHIN 34
FEET FROM THE EDGE OF THE DRIVING LANE UNLESS THE EQUIPMENT OR MATERIAL IS
PROPERLY SHIELDED UTILIZING CURRENT SAFETY DESIGN AND INSTALLATION METHODS.
THE SAFETY DESIGN FOR SHIELDING SHALL BE PROVIDED BY THE CONTRACTOR AND
MUST BE APPROVED BY THE PROJECT ENGINEER BEFORE IMPLEMENTING. THIS WORK,
INCLUDING DESIGN, INSTALLATION AND REMOVAL OF THE SHIELDING, SHALL BE
CONSIDERED INCIDENTAL TO THE COMPLETION OF THE PROJECT AND NO SEPARATE
MEASUREMENT OR PAYMENT WILL BE MADE THEREFOR.
cit
la
0
SALVAGEABLE MATERIALS. IF THERE ARE ANY SALVAGEABLE MATERIALS FROM THIS
PROJECT, THEY ARE TO BE HAULED TO AND STOCKPILED AT THE SANTA FE PATROL
YARD AS DIRECTED BY THE PROJECT ENGINEER. HAUL OF SUCH MATERIAL SHALL BE
PERFORMED DURING NORMAL WORKING HOURS AS DIRECTED BY THE PROJECT
ENGINEER. PAYMENT FOR THIS WORK SHALL BE CONSIDERED INCIDENTAL TO THE
COMPLETION OF THE PROJECT AND NO SEPARATE MEASUREMENT OR PAYMENT WILL
BE MADE THEREFOR.
5 SURVEY MONUMENTS. THE CONTRACTOR SHALL TAKE PRECAUTIONS TO PROTECT
HORIZONTAL AND VERTICAL CONTROL SURVEY MONUMENTS (MARKER) FROM DAMAGE
PRIOR TO INITIATING CONSTRUCTION. IF DURING THE COURSE OF CONSTRUCTION THE
CONTRACTOR DISTURBS OR DESTROYS A MARKER, THE CONTRACTOR SHALL ESTABLISH
A NEW MARKER IN COMPLIANCE WITH THE STANDARDS AND PROCEDURES SET FORTH
IN THE "GEODETIC MARKER PRESERVATION GUIDEBOOK", NATIONAL GEODETIC SURVEY,
MARCH 1990. CONTACT: NGS MARK PRESERVATION CENTER - NOAA, TEL. NO. (505)7683606.
CONTRACTOR UTILITY VERIFICATION. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY
TO CONTACT "ONE CALL" AND VERIFY ALL UTILITY LOCATIONS PRIOR TO BEGINNING
CONSTRUCTION.
MATERIAL PITS. NO MATERIAL PITS HAVE BEEN DESIGNATED FOR THIS PROJECT. THE
CONTRACTOR MAY OBTAIN SPECIFICATION BORROW OR SURFACING MATERIAL FROM
ANY ACCEPTABLE SOURCE. ALL MATERIAL PIT ACTION SHALL BE GOVERNED BY
SECTION 106, "CONTROL OF MATERIALS", OF THE NEW MEXICO DEPARTMENT OF
TRANSPORTATION, STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION,
2007 EDITION.
8. STATIONING. ALL STATIONING INDICATED WITHIN THESE PLANS ARE ASSUMED
STATIONS, THEREFORE THEY ARE TO BE USED FOR ESTIMATING PURPOSES ONLY. THE
CONTRACTOR SHALL FIELD VERIFY ALL MEASUREMENTS PRIOR TO CONSTRUCTION.
_
_
xeSt E. /hi>
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SHEET DEscmpTION
NEW MEXICO PROJECT NO
DESIGNED BY.
DATE:
PHONE:
EMAIL:
APPROVAL
DATE
CHECKED BY
DATE
S
4
NO
N.M.P. CN_5100161 1-25 SHEET No. 1-5
DAT
DESCRIPTION
BY
GENERAL NOTES CONTINUED
YARD/STORAGE SITE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SECURING A
YARD SITE FOR ALL EQUIPMENT AND MATERIALS TO BE USED ON THIS PROJECT. THE
CONTRACTOR SHALL ACQUIRE ENVIRONMENTAL AND CULTURAL RESOURCES
CLEARANCE OF THE SITE IN ACCORDANCE WITH SECTION 107 OF THE 2007 EDITION OF
THE STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION. ALL
COSTS ASSOCIATED WITH YARD INCLUDING TAXES SHALL BE BORNE BY THE
CONTRACTOR. THE CONTRACTOR SHALL NOT RECEIVE ADDITIONAL COMPENSATION FOR
THESE COSTS.
DAMAGE TO EXISTING ROADWAY FEATURES. THE CONTRACTOR SHALL ASSUME THE
RESPONSIBILITY FOR ANY DAMAGE TO ANY EXISTING ROADWAY FEATURES, WHICH ARE
NOT SCHEDULED TO BE REPLACED AS PART OF THE PROJECT. IF DAMAGE OCCURS
THEN THE CONTRACTOR SHALL REPAIR SAID DAMAGES AT OWN EXPENSE.
CONSTRUCTION PHASES. A PHASING OF CONSTRUCTION HAS BEEN PROVIDED ON
SHEET 6-2 OF THE PLANS. THIS IS PROVIDED ONLY AS A SUGGESTED SEQUENCE OF
CONSTRUCTION.
DESCANSOS. DESCANSOS ARE LOCATED WITHIN THE PROJECT LIMITS. THE
CONTRACTOR MAY BE REQUIRED TO REMOVE BY HAND AND RESET ANY DESCANSOS
THAT MAY BE ADJACENT TO THE RIGHT OF WAY FENCE AS APPROVED BY THE PROJECT
ENGINEER . THIS WORK SHALL BE INCIDENTAL TO THE COMPLETION OF THE PROJECT
AND NO SEPARATE MEASUREMENT OR PAYMENT SHALL BE MADE THEREFORE.
MILLING CUT THRU'S AT LOW POINTS. MILLING MUST BE EXTENDED TO THE PAVEMENT
EDGE TO ALLOW FOR DRAINAGE AND PREVENT STANDING WATER AT THE LOW POINTS
AND AT THE DIRECTION OF THE PROJECT ENGINEER. THIS MILLING FOR DRAINAGE WILL
BE CONSIDERED INCIDENTAL TO ITEM 414000 COLD MILLING (ASPHALT) OPERATIONS AND
NO ADDITIONAL PAYMENT SHALL BE MADE THEREFORE.
MILLING OPERATIONS. THE CONTRACTOR SHALL LIMIT HIS OPERATIONS SO THAT COLD
MILLING AND HMA OPERATIONS CAN BE COMPLETED WITHIN THE SAME WORKING DAY.
THE CONTRACTOR SHALL ONLY COLDMILL AND OVERLAY THE LENGTH THAT CAN BE
COMPLETED IN ONE WORKING DAY.
HAUL COLD MILLING'S TO: THE CONTRACTOR SHALL HAUL REMAINING COLD MILLINGS
NOT USED AS RAP (RECYCLED ASPHALT PAVMENT) ON THIS PROJECT TO MP 275.70 (NM
599 EXIT) AND/OR AS SPECIFIED BY THE PROJECT ENGINEER. THE CONTRACTOR SHALL
STOCKPILE AND SHAPE THE OLD MILLINGS INTO A NEAT TRAPEZOIDAL PILE TO BE
SURVEYED BY CROSS-SECTION, AND SUBMIT THE QUANTITY MEASURED IN CUBIC
YARDS TO THE PROJECT ENGINEER. THIS WORK SHALL BE INCLUDED IN THE COST OF
BID ITEM 801000 CONSTRUCTION STAKING BY THE CONTRACTOR (LS). THIS WORK SHALL
BE CONSIDERED AS INCLUDED IN THE CONTRACT PRICE FOR ITEMS 414000 - COLD
MILLING (ASPHALT) AS APPLICABLE, AND NO SEPARATE MEASUREMENT OR PAYMENT
WILL BE MADE THEREFORE.
COORDINATE WITH N.M.D.O.T. PUBLIC INFORMATION OFFICER (P10). THE CONTRACTOR
SHALL COORDINATE WITH THE N.M.D.O.T. DISTRICT 5 PUBLIC INFORMATION OFFICER (P10)
ROSANNE RODRIGUEZ (505) 476-4205 WHILE ADVISING THE PUBLIC OF CONSTRUCTION
FOR THE DURATION OF THIS PROJECT. PAYMENT SHALL BE INCLUDED IN THE UNIT BID
PRICE ITEM NO. 618011 - PUBLIC AWARENESS AND NO OTHER MEASUREMENT OR
PAYMENT SHALL BE MADE THEREFORE.
14
6
SHEET DESCRIPTION
DESIGNED BY:
PHONE:
DATE:
EMAIL:
5
APPROVAL.
DATE:
CHECKED BY:
DATE:
4
NO.
N.M.P. CN_5100161 1-25 SHEET No. 1-6
DESCRIPTION
DATE BY
GENERAL NOTES CONTINUED
CONTRACTOR COORDINATION WITH OTHER CONTRACTORS AND CONSTRUCTION
FORCES. THE CONTRACTOR IS HEREBY ADVISED THAT CONSTRUCTION ACTIVITIES BY
OTHER CONTRACTORS ADJACENT TO AND NEAR TO THIS PROJECT MAY BE OCCURRING
CONCURRENTLY WITH THIS PROJECT. THE CONTRACTOR OF THIS PROJECT SHALL
COORDINATE THE SCHEDULING OF ALL WORK, WITH THE RESPECTIVE CONTRACTORS,
AND WITH THE PROJECT ENGINEER IN ORDER TO FACILITATE THE EFFICIENT
COMPLETION OF THIS PROJECT. THE CONTRACTOR COORDINATION SHALL BE INCIDENTAL
TO THE COMPLETION OF THE PROJECT
PORTABLE CHANGEABLE MESSAGE SIGN BOARDS . THE CONTRACTOR SHALL SUPPLY
TWO (2) PORTABLE CHANGEABLE MESSAGE SIGN BOARDS FOR THIS PROJECT THE
CONTRACTOR SHALL CLEAN & MAINTAIN THESE PORTABLE CHANGEABLE MESSAGE
SIGN BOARDS THROUGH OUT THE DURATION OF THIS PROJECT THESE PORTABLE
CHANGEABLE MESSAGE SIGN BOARDS SHALL BE CONSIDERED AS INCLUDED IN THE
CONTRACT PRICE FOR ITEM 702610 "PORTABLE CHANGEABLE MESSAGE SIGN", AND
SHALL BE RETAINED BY THE CONTRACTOR AT THE END OF THE PROJECT.
19. REFLECTORIZED TAB'S . THE CONTRACTOR SHALL INSTALL REFLECTORIZED TABS
AFTER THE PLACEMENT OF OGFC. THE TABS WILL BE REQUIRED AT THE SHOULDERS
AND THE CENTERLINE. THE SPACING OF THE TABS AT ME SHOULDERS SHALL BE ONE
(1) TAB EVERY 100 FT. AND AT THE CENTERLINE, SHOULD BE THREE (3) TABS SPACED AT
2 FT. EVERY 40 FT. THE TABS NEED TO BE OFFSET FROM THE SHOULDER TO AVOID
INTERFERING WITH THE PERMANENT STRIPING. THE CONTRACTOR WILL NOT BE
REQUIRED TO REMOVE THE TABS AFTER THE PERMANENT STRIPING IS APPLIED. THE
REFLECTORIZED TABS AND THE INSTALLATION WILL BE INCIDENTAL TO ITEM 403701 OPEN GRADED FRICTION COURSE COMPLETE AND NO DIRECT PAYMENT WILL BE MADE
THEREFOR.
INCIDENTAL ITEMS
GEN. NOTE NO. 2 - PAVEMENT DROP-OFF GUIDELINES
GEN. NOTE NO. 3- CONSTRUCTION EQUIPMENT & MATERIAL STORAGE
GEN. NOTE NO. 4- SALVAGEABLE MATERIALS
GEN. NOTE NO. 12 - DESCANSOS
GEN. NOTE NO. 17 - CONTRACTOR COORDINATION
GEN. NOTE NO. 19 - REFLECTORIZED TAB'S
6
5
SHEET DESCRIPTION
NEW MEXICO PROJECT NO
DESIGNED BY
DATE.
PHONE:
EMAIL:
APPROVAL:
DATE:
CHECKED BY:
DATE:
4
2
1
NO
N.M.P. CN_5100161 1-25 SHEE No. 1 7
DESCRIPTION
DATE BY
ENVIRONMENTAL COMMITMENTS
THE CONTRACTOR SHALL REFER TO SECTION 107 OF THE 2007 EDITION OF THE
STANDARD SPECIFICATIONS, MAKING SPECIAL NOTE OF SUB-SECTION 107.14:
CONTRACTOR'S RESPONSIBILITIES FOR ENVIRONMENTAL AND CULTURAL RESOURCE
PROTECTION.
NO ADDITIONAL PROJECT SPECIFIC ENVIRONMENTAL REQUIREMENTS APPLY.
IC
El
I
IN ADDITION TO SECTION 107, THE FOLLOWING PROJECT SPECIFIC ENVIRONMENTAL
REQUIREMENTS APPLY:
1. THE CONTRACTOR WILL AVOID. SENSMVE RESOURCE AREAS LOCATED WITHIN
THE 1-25 RIGHT OF WAY IN PROJECT AREA BETWEEN:
MP 294.40 AND MP 295.00
MP 299.20 TO MP 299.50
c) MP 299.40 TO MP 299.50
VEHICLES AND CONSTRUCTION EQUIPMENT SHALL NOT ENTER AREAS OUTSIDE THE
PAVED ROADWAY SURFACES AT THESE LOCATIONS. NO GRADING OR GROUND
DISTURBANCE SHALL OCCUR IN THESE LOCAIONS MENTIONED ABOVE.
PLEASE CONTACT:
JENNIFER HYRE
NMDOT ENVIRONMENTAL DEVELOPMENT SECTION,
P.O. BOX 1149, ROOM 206
1120 CERRILLOS ROAD
SANTA FE, NM 87504-1149
(505)427-5349 OR CELL (505)699-0666
2. THE CONTRACTOR SHALL MINIMIZE VEGETATION AND SOIL DISTURBANCE FOR ALL
LOCATIONS WHERE EQUIPEMENT WILL BE PARKED. THE CONTRACTOR SHALL
REFER TO SECTION 107 OF THE 2007 EDITION OF THE STANDARD SPECIFICATIONS
MAKING SPECIAL NOTE OF SUB-SECTION 107.14: CONTRACTOR'S RESPONSIBILITY
FOR ENVIRONMENTAL AND CULTURAL RESOURCE PROTECTION.
,SZieraeei
EN R MENTAL SECTION MANAGER
SHEET DESCRIPTION
DESIGNED BY:
PHONE:
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EMAIL:
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2
NO.
N.M.P. CN_5100161 1-25 SHEET No. 18
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PHONE 15051476-4163
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DESIGNED BY:
DATE:
PHONE:
EMAIL:
DATE:
CHECKED BY:
DATE:
N.M.P. CN_5100161 1-25 SHEET No. 2-4
DATE BY
DESCRIPTION
52
CONSTRUCTION ENGINEERING
ITEM NO.
DESCRIPTION
& LUMP SUM ITEMS
UNITS
QUANTITY
618000
TRAFFIC CONTROL MANAGEMENT
LUMP SUM
L.S.
618011
PUBLIC AWARENESS
LUMP SUM
L S.
621000
MOBILIZATION
LUMP SUM
L S.
702810
TRAFFIC CONTROL DEVICES FOR CONSTRUCTION
LUMP SUM
L.S.
801000
CONSTRUCTION STAKING BY THE CONTRACTOR
LUMP SUM
L.S.
901000
CONTRACTOR PROCESS QUALITY CONTROL
LUMP SUM
L.S.
RETROREFLECTORIZED PAINTED MARKINGS - 6"
ITEM NO. 704002
STATION TO STATION
213+58.40 I
LENGTH FT.
480+22.40
6" SOLID
WHITE
FT.
LOCATION
26664.00
REMARKS
FT.
6" BROKEN
YELLOW
FT.
1-25
'RAMPS ON EAST 297
'RAMPS ON EXIST 299
6" SOLID YELLOW
LT./RT.
53328.00
1450.00
3470.00
53328.00
1450.00
3470.00
6666.00
35500
867.50
SUB-TOTALS =
58248.00
58248.00
7888.50
TOTAL =
124384.50
X 2 APPLICATIONS =
248769.00
248769.00
PROJECT TOTAL =
PROJECT USE =2
48900
USE HIGH DURABLE
*RAMPS ARE PAINTED UP TO GORE AREA ONLY
RUMBLE STRIPS
ITEM No. 631000
LE
LENGTH
STATION TO STATION
213+58.40
I
Fr.
480+22.40
26664.0
LOCATION
FT.
REMARKS
LT. 8 RT. OF CENTERLINE
106656.00
1-25
SUB-TOTALS =
106656.00
PROJECT TOTAL =
106656.00
PROJECT USE =1
06800
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NEW MEXICO PROJECT Ha
DESIGNED BY:
DATE:
PHONE:
EMAIL:
APPROVAL)
DATE:
CHECKED BY:
DATE:
N.M.P. CN5100161 1-25 SHEET No. 2-5
2
1
NO.
DESCRIPTION
DATE BY
TEMPORARY STRIPING
ITEM No. 704099
LENGTH
LOCATION
FT.
STATION TO STATION
213+58.40
I
480+22.40
26664.00
4" BROKEN
WHITE
FT.
REMARKS
CENTERLINE
13332.00
1- 25 (NBL & SBL)
SUB-TOTALS =
13332.00
PROJECT TOTAL =
13332.00
10
a
B
PROJECT USE =
13600
6
0
DESIGNED
SHEET DESCRIPTION
BY:
DATE:
PHONE:
EMAIL.
APPROVAL:
DATE:
CHECKED BY:
DATE:
N.M.P. CN5100161 1-25 SHEET No. 2-6
2
NO
DESCRIPTION
DATE BY
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WORK ZONE LIMITATION. RESTRICTIONS & REQUIREMENTS
-THE CONTRACTOR SHALL BE LIMITED TO TWO (2) MILE MAXIMUM LENGTH WORK ZONES
THERE SHALL BE A MINIMUM OF TWO (2) MILES BETWEEN ANYTWO (2) ADJAC ENT WORK ZONES WITH A
MAXIMUM ALLOWABLE TWO (2) WORK ZONES WITHIN THE PROJECT LIMITS IN OPERATION SIMULTANEOUSLY.
-FOR OGFC OPERATIONS, THE CONTRACTOR SHALL NOT BE LIMITED TO THE TWO (2) MILE MAXIMUM LENGTH WORK ZONE
MILLING GENERATED DURING CONSTRUCTION WILL BE HAULED TO THE NM 599 EXIT JUNCTION AT MP 275.70 EXIT
AND STOCK PILE OR AS DESIGNATED BY PROJECT ENGINEER.
SPEED LIMIT WILL BE REDUCED TO 55 mph THROUGH THE PROJECT AT ALL TIMES DURING CONSTRUCTION.
SUGGESTED SEQUENCE OF CONSTRUCTION
INITIAL CONSTRUCTION SIGNING: BOP/EOP SIGNING WILL BE COMPLETED AS PER NMDOT STANDARD
DRAWING 702-04-1/1 "BOP / EOP SIGNING(4 LANE)" SHEET 6-7.
COLD MILLING: COLD MILLING OPERATIONS ON INTERSTATE 25 WILL BE COMPLETED USING STANDARD
DRAWING 702-09-1/1 "INSIDE LANES / MEDIAN & OUTSIDE LANES OPERATIONS INTERSTATE" SHEET 6-9. THE
CONTRACTOR SHALL LIMIT HIS OPERATIONS SO THAT COLD MILLINGS AND HMA OPERATIONS CAN BE
COMPLETED WITHIN THE SAME WORKING DAY. THE CONTRACTOR SHALL ONLY COLDMILL AND OVERLAY
THE LENGTH THAT CAN BE COMPLETED IN ONE WORKING DAY SEE SHEET 1-6, GENERAL NOTE 14.
HMA SPIII & OGFC PAVING OPERATIONS: PAVING OPERATIONS ON INTERSTATE 25 WILL BE COMPLETED USING
STANDARD DRAWING 702-09-1/1 "INSIDE LANES / MEDIAN & OUTSIDE LANES OPERATIONS INTERSTATE", SHEET
6-9 STANDARD DRAWIND 702-08-1/1 "TYPICAL SIGNING FOR OGFC OPERATIONS; INTERSTATE", SHEET 6-8.
STRIPING: STRIPING OPERATIONS WILL BE COMPLETED USING STANDARD DRAWING 702-12-2/2 "MAINTENANCE
TRAFFIC CONTROL PLANS, MOBILE OPERATION ON MULTI - LANE ROAD", SHEET 6-10 AND ONLY DURING NORMAL
TRAFFIC OPERATIONS.
SUGGESTED SEQUENCE OF CONSTRUCTION:
ANY CHANGES MADE TO THE SUGGESTED SEQUENCE OF
CONSTRUCTION INCLUDING BUT NOT LIMITED TO SEQUENCE
CHANGES AND/OR TRAFFIC CONTROL, CHANGES MUST BE
SUBMITTED TWO WEEKS PRIOR TO IMPLIMENTATION TO
N.M.D.O.T. DISTRICT 5 TRAFFIC ENGINEER FOR APPROVAL
o
PROJECT CONTROL NUMBER 5100161
DESIGNED BY:
DATE:
PHONE:
EMAIL:
APPROVAL.
DATE:
CHECKED BY:
DATE:
NMP CN 5100161
3
NO.
I-25 SHT. 6-2
DESCRIPTION
DATE BY
REVISIONS (OR CHANCE NOTIC 5)
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CONSTRUCTION SIGNING
SIGN CODE
NON-INTERSTATE
TOTAL
NO. OF
SIGN SIZE
SIGN
SIGNS
AREA
SQ. FT.
2-LANE
2-LANE
MOUNTING REQUIRMENTS
BASE POST
POST LENGTHS
LEFT
CENTER
RIGHT
TOTAL
NO.
PORTABLE
TOTAL
SIGN
DRUMS
LENGTH SUPPORT
702-02-1/2 DOUBLE FINES IN WORK ZONES
W3-5
R2-1-48-55
R6-2-48
M25-NM-1-48
R52-NM-4-48
G20-2-48
R52-NM-5-48
R2-1-48-75
16
20
16
6
26
8
20
20
2
4
4
3
3
2
2
2
32
80
64
18
78
16
40
40
22
368
702-04-1/1 BOP / EOP SIGNING (4-LANE)
33
4
SP-1
4
G20-1-60-M
10
4
G20-2-48
8
SP-2
28
4
(2)
R2-1-48-75
(20)
132
40
32
112
(40)
SUB-TOTAL
316
SUB-TOTAL
16
11
11
11
11
11
11
11
44
4
11
88
8
TO BE MOUNTED WITH ALTERNATE SIGN
TO BE MOUNTED WITH ALTERNATE SIGN
11
66
6
44
4
11
11
44
4
11
44
4
330
11
11
11
11
(11)
11
11
11
11
(11)
14
28
21
14
14
14
105
88
88
88
88
(44)
352
8
8
8
8
(4)
28
28
28
28
(14)
112
702-08-1/1 TYPICAL SIGNING FOR OGFC OPERATIONS, INTERSTATE
2
32
W20-1-48-1/2
16
W20-5L-48-1
16
2
32
W3-5a-48
16
2
32
2
20
R2-1-48-65
40
W20-5L-46-1/2
16
2
32
R2-1-48-55
(20)
(2)
(40)
2
32
16
W4-2L-48
(2)
(16)
G20-2-48
(8)
R2-1-48-75
(20)
(2)
(40)
2
32
W20-5R-48-1
16
W20-5R-48-1/2
16
2
32
W4-2R-48
16
2
32
2
2
2
2
2
(2)
2
(2)
(2)
2
2
2
SUB-TOTAL
18
18
296
130
130
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PROJECT CONTROL NUMBER S100161
DESIGNED BY:
DATE:
PHONE
EMAIL:
'
6
APPROVAL:
DATE:
CHECKED BY.
DATE:
NMP CN_5100161
1 - 25 SHT. 6-
3
2
1
NO.
1
DESCRIPTION
DATE BY
REVISIONS (OR CHANGE NOTIC N)
CONSTRUCTION SIGNING CONTINUED
NON-INTERSTATE
TOTAL
SIGN SIZE NO. OF SIGN
SIGNS
SQ. FT.
AREA
2-LANE
2-LANE
SIGN CODE
MOUNTING REQUIRMENTS
POST LENGTHS
BASE POST
LEFT
CENTER
RIGHT
702-09-1/1 INSIDE LANES/ MEDIAN 8 OUTSIDE LANES OPERATIONS INTERSTATE
W20-1-48-1 1/2
(16)
(2)
(32)
(/ /)
(11)
W20-5L-48-1
(11)
(16)
(2)
(32)
(11)
W3-5a-48
(16)
(2)
(11)
(11)
(32)
R2-1-48-65
(20)
(2)
(40)
(11)
(11)
W20-5L-48-1/2
(16)
(2)
(32)
(11)
(11)
R2-1-48-55
(20)
(2)
(11)
(11)
(40)
W4-2L-48
(16)
(2)
(11)
(11)
(32)
G20-2-48
(2)
(16)
(11)
(11)
(8)
R2-1-48-75
(2)
(11)
(11)
(40)
(20)
W20-5R-48-1
(16)
(2)
(32)
(11)
(11)
W20-5R-48-1/2
(16)
(2)
(32)
(11)
(11)
W4-2R-48
(16)
(2)
(11)
(11)
(32)
TOTAL
NO.
(44)
(44)
(44)
(44)
(44)
(44)
(44)
(44)
(44)
(44)
(44)
(44)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
PORTABLE
SIGN
TOTAL
DRUMS
LENGTH SUPPORT
(14)
(14)
(14)
(14)
(14)
(14)
(14)
(14)
(14)
(14)
(14)
(14)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(129)
SUB-TOTAL
PROJECT TOTAL
980
682
217
18
130
PROJECT USE
990
690
225
18
140
SUMMARY OF QUANTITIES
ITEM
NO.
BID ITEM
702810
TRAFFIC CONTROL DEVICES FOR CONSTRUCTION
STEEL POST AND BASE POST FOR CONSTRUCTION SIGNING
PORTABLE SIGN SUPPORT
CHANNELIZAllON DEVICES TYPE DRUM
PORTABLE CHANGEABLE MESSAGE SIGN
'
*
'
'
702610
UNITS
TOTAL
L.S.
SOFT.
LIN. FT
EACH
EACH
EACH
L.S.
990
915
18
140
2
* FOR INFORMATION OF CONTRACTOR ONLY
' MESSAGE SIGN BOARDS ARE TO BE RETAINED BY THE CONTRACTOR
REFLECTORIZED TAB'S
STATION TO STATION
213+58.40
I
480+22.40
LENGTH
FT.
LOCATION
REFLECTORIZED
TABS
REMARKS
26664.0
CENTERLINE AND SHOULDERS
2565.00
1-25
SUB-TOTALS =
2565.00
PROJECT TOTAL =
2565.00
PROJECT USE =
2570
NOTE: REFLECTORIZED TAB'S SHALL BE CONSIDERED INCIDENTAL TO ITEM 403701 - OGFC
,eg..R E &
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PROJECT CONTROL NUMBER 5100161
W
DESIGNED BY:
DATE:
PHONE:
EMAIL:
A C‘
APPROVAL.
DATE:
CHECKED BY:
DATE:
NMP CN_5100161
3
NO.
I - 25 SHT. 6-12
DESCRIPTION
DATE BY
REVISIONS (OR CHANGE NOTIC 5)
°
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NEW MEXICO PROJECT 5100161 - CN 5100161
New Mexico Department of Transportation Standard Specifications for Highway and Bridge
Construction, Edition of 2007 shall govern construction of this project unless otherwise noted.
The following SPECIAL PROVISIONS and SUPPLEMENTAL SPECIFICATIONS shall supplement
the above specifications.
Construction Plans (Vicinity Map, General Notes, Summary of Quantities, etc.).
SPECIAL PROVISIONS
For Public Awareness - Section 618-A (7/21/10)
For Traffic Control Devices During Construction - Section 702-C (5/1/06)
PAGE(S)
1-2
3-5
SUPPLEMENTAL SPECIFICATIONS
Division 100 - General Provisions (June 2013)
For Pavement Smoothness Measurement - Section 401 (5/30/12)
For Hot-Mix Asphalt - Superpave (QLA and Non-QLA) - Section 423 (8/26/13)
For Quality Control/Quality Assurance (QC/QA) - Section 901 (08/26/13)
For Aggregate Index - Section 910 (12/20/07)
1-66
67-75
76-102
103-116
117-119
July 21, 2010
0
SPECIAL PROVISIONS FOR
PUBLIC AWARENESS
SECTION 618-A
All pertinent provisions of the New Mexico Department of Transportation's Standard
Specifications for Highway and Bridge Construction shall apply in addition to the
following:
1.0 DESCRIPTION.
1.1 The Contractor shall be responsible for all media notifications to perform public
awareness for the project.
The Contractor, through his Traffic Control Supervisor (TCS) and the Department's
Public Information Officer (P10), will keep the public informed through the media.
Public awareness shall consist of providing information on the general scope of the
project, all milestones, and any other information required by the Department, as
directed and approved by the Project Manager.
2.0 PRE-CONSTRUCTION REQUIREMENTS.
The Contractor shall provide at the pre-construction conference, a plan for public
awareness by both newspaper and radio at the vicinity shown in the contract. The plan
shall also provide information on any other radio station, or media, useful for public
awareness throughout the project.
The Contractor shall also provide a plan for notifying the traveling public (i.e. temporary
signs), indicating the radio stations and media used for public awareness.
3.0 PUBLIC NOTIFICATIONS.
3.1 Public Notifications. The Contractor shall provide radio spots on local and
surrounding radio stations, as well as ads in the local and surrounding newspaper(s)
regarding project information.
Prior to any media submittal, the Traffic Control Supervisor shall prepare and submit
statements for approval to the Project Manager concerning lane or road closures,
emergencies, utility disruptions, hazardous conditions, delays, weekly project activities
and work plan, or any other Department requested information about the project.
Immediately after the Project Manager has approved the submitted statements, the
Traffic Control Supervisor shall coordinate with, and submit all approved statements to
the Department's P10. The Department's PIO will submit all approved statements to
the media.
618A-1
July 21, 2010
4.0 BASIS OF PAYMENT.
Public awareness will be paid for the actual costs incurred, as approved by the
Project Manager upon receipt of a detailed cost breakdown for the project.
4.1
For the purpose of bidding, the Department will enter into the Bid Schedule a
contingent sum.
Payment shall be considered full compensation for all associated media expenses and
all necessary coordination between the Contractor's TCS and the Department's P10.
6184-2
May 1, 2006
SPECIAL PROVISIONS
FOR
TRAFFIC CONTROL DEVICES DURING CONSTRUCTION
SECTION 702-C
All pertinent provisions of the New Mexico Department of Transportation Standard
following:
1.0 DESCRIPTION.
1.01 This work shall consist of implementing the necessary traffic control during
construction in conformance with the contract and the Manual of Uniform Traffic Control
Devices. The Contractor shall submit all proposed traffic control changes to the
contract traffic control plan detailed in the construction plans to the Project Manager, for
review and approval by the District Traffic Engineer/or Local Government Agency
Engineer or designee, prior to beginning construction operations.
1.02 The Contractor shall furnish all materials, tools, labor, equipment and all other
appurtenances necessary to complete the work. The materials shall include, all interim
and temporary signing, temporary stripe removals, construction signing, steel posts,
base posts, portable sign supports, barricades, drums, sequential arrow displays, and
flaggers as necessary to complete the traffic control detailed in the construction plans or
modifications to the plan details as approved by the District Traffic Engineer including all
setups and resetting of devices.
1.03 Submittals. The Contractor shall submit a summary of all necessary traffic
control devices for this project in the format shown as TABLE 1 to the Project Manager
at least two (2) weeks prior to the pre-construction conference. See the example
labeled TABLE 1. A minimum of five (5) copies shall be provided to the Project
Manager. The summary shall be complete with appropriate supporting sections
referenced, device descriptions, units of measure, quantities required, unit costs, and
total costs for each type of device. The itemized costs for each device shall include all
associated work and materials defined in the appropriate supporting section of the
standard specifications, including all revisions. The cotnractor will not be allowed to
initiate any work on the project until TABLE 1 has been provided to the Project
Manager.
702C-1
4-
May 1, 2006
TABLE 1 (EXAMPLE)
DEVICE DESCRIPTION
SUPPORTING
SECTION
UNIT OF
MEASUR
E
QTY.
UNIT
COST
SECTION 702 - TRAFFIC CONTROL DEVICES FOR CONSTRUCTION
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
SS 702
STEEL POSTS AND BASE POSTS FOR CONSTRUCTION SIGNING
BARRICADE, TYPE I
BARRICADE, TYPE II
BARRICADE, TYPE III-1.8 m
BARRICADE, TYPE III-2.4 m
VERTICAL PANEL, TYPE SINGLE
VERTICAL PANEL, TYPE BACK TO BACK
CONSTRUCTION TRAFFIC MARKER
PORTABLE SIGN SUPPORT
CHANNELIZATION DEVICES TYPE DRUM
SEQUENTIAL ARROW DISPLAY
SO FT
FT
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
SECTION 704 - PAVEMENT MARKINGS
SS 704
SS 704
SS 704
SS 704
SS 704
SS 704
RETROREFLECTORIZED PAINTED MARKINGS
REMOVABLE MARKING TAPE
TEMPORARY REFLECTIVE RAISED PAVEMENT MARKER TYPE TD
TEMPORARY REFLECTIVE RAISED PAVEMENT MARKER TYPE TG
TEMPORARY REFLECTIVE RAISED PAVEMENT MARKER TYPE TH
TEMPORARY REFLECTIVE RAISED PAVEMENT MARKER TYPE TJ
FT
FT
EACH
EACH
EACH
EACH
SECTION 721- PAVEMENT MARKING REMOVAL
REMOVAL OF PAVEMENT STRIPE
REMOVAL OF PAVEMENT MARKING
TOTAL FOR ITEM # 702810 TRAFFIC CONTROL DEVICES FOR CONSTRUCTION (LUMP SUM)
SS 721
SS 721
FT
FT
$
2.0 MATERIALS.
All materials shall conform to the applicable requirements of SECTION 701 TRAFFIC SIGNS & SIGN STRUCTURES, SECTION 702 - TRAFFIC CONTROL
DEVICES FOR CONSTRUCTION, and SECTION 704 - PAVEMENT MARKINGS.
2.01
3.0 CONSTRUCTION REQUIREMENTS.
3.01 All construction shall be effected by the Contractor in accordance with the
applicable plan details and specifications shown in the contract or modifications to the
plan details as approved by the District Traffic Engineer.
3.02 All materials and devices shall be maintained and replaced if necessary for the
duration of the project in conformance with these specifications.
3.03 Traffic control shall be maintained in conformance with all specifications of
SECTION 618 - TRAFFIC CONTROL MANAGEMENT, for the duration of the project.
702C -2
TOTAL
COST
May 1, 2006
3.04 The contractor shall furnish and maintain impact attenuators, glare shields,
delineators and connection pins for temporary concrete wall barrier and all other
necessary traffic control devices.
4.0 METHOD OF MEASUREMENT.
4.01 When specifically designated for measurement and payment in the contract,
traffic control devices during construction will be measured as a lump sum unit.
5.0 BASIS OF PAYMENT.
5.01 The accepted work for traffic control devices during construction will be paid for
at the contract unit price lump sum. Payment shall be full compensation for furnishing
all materials, tools, labor, equipment, hauling, and any other appurtenances necessary
to satisfactorily complete and maintain adequate and safe traffic control until completion
of the project.
This shall include' all interim and temporary signing, temporary striping, temporary stripe
removals, construction signing, steel posts, base posts, portable sign supports,
barricades, drums, sequential arrow displays, and flaggers as necessary to complete
the traffic control detailed in the construction plans or modifications to the plan details as
approved by the District Traffic Engineer including all setups and resetting of devices
and no additional separate measurement or payment will be made for such items
therefore.
5.03 Traffic Control Devices During Construction shall not be considered as eligible for
a cost savings suggestion.
Payment will be made under:
PAY ITEM
PAY UNIT
Traffic Control Devices During Construction
702C-3
Lump Sum
SUPPLEMENTAL SPECIFICATIONS
for
DIVISION 100 GENERAL PROVISIONS
Supplement to the
2007 Edition of the Standard Specifications
For Highway and Bridge Construction
June 2013
Divison 100
Page 1
SECTION 101: ABBREVIATIONS, SYMBOLS, TERMS, AND DEFINITIONS
101.1
ACTIVE VOICE, IMPERATIVE MOOD, REFERENCES, USE OF LANGUAGE
The New Mexico Department of Transportation publishes this edition of the Standard Specifications for Highway and Bridge
Construction with an emphasis on the active voice. In a sentence written in the active voice, someone acts on something. For
example: "The Engineer will take a sample.° A similar sentence in the passive voice "A sample will be taken" would be unclear
about who was responsible for taking the sample.
This edition of the Standard Specifications also makes use of the imperative mood. The imperative mood is used when the
party issuing an instruction and the party receiving it are already understood. In these Standard Specifications, the Department is
stating its requirements or directions for Work to the Contractor; such statements have the same force as if they contained the word
"shall." In an imperative sentence such as, "Pour the concrete," the Department is indicating that it requires the Contractor to pour
the concrete. Before an Award of a Contract, imperative statements are directed to the Bidder. After a Contract has been awarded,
imperatives are directed to the Contractor.
The Department will identify parties other than the Bidder or Contractor to whom it gives a responsibility in these Standard
Specifications. In phrasings where the responsible party has already been clearly identified or in factual statements when it is not
important to do so, the Department may use the passive voice.
The word "shall" is used in a mandatory or imperative sense and signifies that the Department is imposing a duty on a person
or body that is the subject in the sentence. The word "may" is used to signify the conferring of a discretionary power, privilege, or
right. However, use of the term "may nor signifies that a right, privilege, or power is intended to be denied.
The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be
considered as having any bearing on their interpretation.
The Contractor, having an obligation to comply with, observe, and comply with all federal and State law and regulations, any
reference to any federal or State law or regulation shall constitute a reference to any applicable amendment or successor law or
regulation.
101.2
ABBREVIATIONS
When the following abbreviations are used in the Plans, the Specifications, other Contract documents, and Department
correspondence, their meaning is as follows:
Table 101.2:1
Acronyms and Abbreviations
Acronym
or
short
form
AASHTO
ACI
Al
AMRL
ASTM
AWG
AWPA
AVVVVA
CBC
CCD
CD
CFR
CMP
CN
CPM
CTR
CWB
DBE
EA
ESAL
FHWA
GRT
HDPE
HFE
HID
HMA
HMWM
IES
NC
Pinson 100
Full name or meaning
American Association of State Highway and Transportation
Officials
American Concrete Institute
Aggregate Index
AASHTO Material Reference Laboratory
American Society for Testing and Materials
American Wire Gauge
American Wood Preservers' Association
American Water Works Association
concrete box culvert
closed circuit detection
compact disc
Code of Federal Regulations
corrugated metal pipe
control number
critical path method
certified test report
concrete wall barrier
disadvantaged business enterprise
entrance angle
equivalent single axle loading
Federal Highway Administration
gross receipt tax
high density polyethylene
high-float emulsion
high-intensity discharge
hot-mix asphalt
high molecular weight methacrylate
Illuminating Engineering Society
intermediate metallic conduit
Page 2
3
Table 101.2:1
Acronyms and Abbreviations
Acronym
or
short
form
ITE
JMF
LCD
LL
MSDS
MTR
MUTCD
NCHRP
NEC®
NEMA
NMAC
NMDA
NMED
NMSA
NMSSPWC
NPDES
NTSC
OA
OGFC
OSHA
PCC
PCCP
PCI
PCT
PE-P
PI
PTL
PVC
QA
QC
OCT
QLA
RAP
ROW
SSPC
SWPPP
TERO
TTCP
TV
UBC T"
UL
USEPA
UV
VMA
VTM
WMA
101.3
Full name or meaning
Institute of Transportation Engineers
lob mix formula
liquid crystal display
liquid limit
Material Safety Data Sheet
mill test report
Manual on Uniform Traffic Control Devices
National Cooperative Highway Research Program
National Electrical Code®
National Electrical Manufacturers Association
New Mexico Administrative Code
New Mexico Department of Agriculture
New Mexico Environment Department
New Mexico Statutes Annotated
New Mexico Standard Specifications for Public Works Construction
National Pollutant Discharge Elimination System
National Transmission Standards Committee
observation angle
open-graded friction course
Occupational Safety and Health Administration
portland cement concrete
portland cement concrete pavement
Prestressed Concrete Institute
process control technician
penetrating emulsified prime
plasticity index
private testing laboratory
polyvinyl chloride
quality assurance
quality control
quality control technician
quality level assurance
reclaimed asphalt pavement
right of way
Society of Protective Coating (formerly Steel Structures Painting
Council)
storm water 'Dilution • reyention .Ian
Tribal Employment Rights Organization
Technician Training and Certification Program
target value
Uniform Building Code TM
Underwriters Laboratories
United States Environmental Protection Agency
ultraviolet
voids in mineral aggregate
voids in total mix
warm mix asphalt
SYMBOLS
Within the Specifications and Contract, reference to the English system of measurement symbols is a reference to the U.S.
Customary (Inch-pound) system.
Some of the symbols for units of measurement used in the Specifications and in the Bid Form are defined as shown in Table
101.3:1, "Measurement Symbols." The symbols for other units of measurement used in the Specifications are as defined in the
various Specifications and tests referenced in the Specifications.
Physical Characteristic
Length
Cavison 100
Table 101.3:1
Measurement Symbols
Unit name
microinch
mil (0.001 inch)
Inch
foot
yard
Symbol
pin
mil
In
ft
yd
Page 3
4
Table 101.3:1
Measurement Symbols
Unit name
Symbol
,mile
mi —
square inch
in'
square foot
ft'
square yard
yd2
square mile
mi2
acre
acre
Physical Characteristic
Area
quart
Volume
cubic Inch '
cubtclOgt
yard
r:12
ounce
oz
pound
lb
ton, short (2,000 lb)
ton
" .°F
degree Fahrenheit
millisecond
ms
second
minute
min
hour
h
miles Per hair "L .- •
' mPh
pound-force per square psi
inch
v
watt
kilowatt,
Mass (weight)
TemperatUte ,
Time
Pressure
t:-
Force
Torque
Viscosity, dynamic
Viscosity:kinematic
Flow
Concentration,
Inductance
Frequency, concrete
consolidation
Sound
ampere -
A•
volt
' Voltempere
VA
Ohrp:t;"Hzu.
lumen
Im
foriteandier
horlepower
pound-force
Ibf
1,000 pounds force
fop
pOtind-foreitoot
IbMt
centipoises
cP
poise
centlstokes
cSt
gallons per minute
gpm
parts'perinillion
ppM
Henries
vpm
vibrations per minute
Decibel, A-Scale
.
dbA
101.3.1 Engineers Estimate Symbols
The measurement symbols shown on the Engineer's Estimate differ from those found in the rest of Project documents. Table
101.3.1:1, "Symbols for Engineers Estimate," lists and defines the symbols.
Symbol
LS
EACH
ALOW
L.F.
MILE
S.F.
S.Y.
SYIN
ACRE
C.Y.
LB
TON
DIvison 100
Table 101.3.1:1
Symbols for Engineer's Estimate
Unit of measure or meaning
Lump Sum
Each
Allowance
Linear Foot
Mile
Square Foot
Square Yard
Square Yard Inch
Acre
Cubic Yard
Pound
Ton
Page 4
5
101.4
TERMS AND DEFINITIONS
if the following terms are used in the Plans, the Specifications, other Contract documents, and Department correspondence,
the intent and meaning shall be interpreted as follows:
Acceptance. (Also called Accept, Accepted and Acceptable) 1) The determination by the Department that Materials and Work
are in compliance with the Contract. 2) The process by which the Department determines whether or not the quality of
produced Material or Work is Acceptable pursuant to the Contract, including sampling, testing, certifications and
assessment of test results.
Act of God. An unusual, sudden, and unexpected manifestation of the forces of nature, the effect of which could not have been
prevented by reasonable human foresight, pains, and care.
Addendum. A change in the Plans or Specifications issued after the Advertisement and before the opening of the Bid.
Advertisement. (Also called Invitation for Bids.) A public announcement inviting Bids for Work to be performed or Materials to
be provided.
Apparent Low Bidder. The Bidder who submits at a Bid Opening a Total Bid Amount that is numerically lower than the Total
Bid Amount submitted by other Bidders, but who's Bid may later be subject to rejection, recalculation or other modification
that may change the order of Bidders.
Assistant District Engineer (ADE) - Construction. The Engineer in charge of the construction operations inadesignated portion
of a Department District.
Award. The written acceptance by the Department of a Contract Bid.
Base Course. The layer or layers of specified Material placed on a Subbase or a Subgrade normally used to support a Surface
Course.
Baseline Schedule. A fixed Project schedule that is the standard by which Project performance is measured.
Basis of Payment The terms under which Work is paid, as a designated Pay Item in accordance with the quantity measured and
the Pay Unit.
Bid. The offer of a Bidder, on the prescribed form, to perform the Work at the prices quoted.
Bidder. An individual, partnership, firm, corporation, joint venture, or their authorized representative submitting a Bid.
Bid Form. The approved form on which the Department requires Bidders to prepare and submit Bids.
Bid Guaranty. The security provided with a Bid to guarantee that the Bidder will enter into the Contract if the Department
accepts its Bid.
Bid Item (Contract Item, Pay Item). A specifically described unit of Work for which a Bidder provides a Bid Item Unit Price and
Bid Item Price. The Bid Items become Contract Items when the Contract is executed. The Contract Items become Pay
Items when calculating Progress Payments.
Bid Item Price. The price established by the Contractor for each individual Bid Item on the Bid Form; the product of the Bid Item
quantity, provided on the Bid Form, and the Bid Item Unit Price.
Bid Item Unit Price. The price established by the Contractor for each unit of an individual Bid Item on the Bid Form. A Bid Item
Unit Price reflects a Bidders actual and direct costs for the item plus a reasonable proportionate share of the Bidder's
anticipated profit, overhead costs, and other indirect costs.
Bid Opening. A public reading of the properly submitted Bids, on a date established by the Invitation for Bids,
Bid Package. The Bid documents submitted by a Bidder in accordance with Section 102, "Bidding Requirements and Conditions?
Bid Schedule. Listing or table of Bid Items, also referred to as Proposal Schedule.
Borrow Pit. A source outside the Roadway Prism from where suitable Material used primarily for Embankment is obtained.
Breakaway. The ability of a system to yield at a predetermined impact force.
Bridge. A Structure having a length — as measured along the center of the Roadway — of more than 20 ft between undercopings
of abutments or extreme ends of openings for multiple boxes or extreme ends of openings for Culverts placed in series with
a spacing between Culverts not exceeding 1/1 the diameter, and carrying a pathway or Roadway over a depression or
obstacle. It includes all appurtenances necessary to its proper use. The length of a Bridge structure is the distance along
the line of survey stationing back-to-back of backwalls of abutments, if present, or end-to-end of the Bridge floor, and in no
case less than the total clear opening of the structure. The Bridge Roadway width is that clear unobstructed width of
Davison 100
Page 5
to
Bridge deck available for vehicle use measured normal to the centerline of the Bridge.
Business Hours. The Department's Business Hours are from 7:45 am. to 4:30 p.m., Monday through Friday, official State
Holidays and emergency closures excluded.
Cabinet Secretary. The individual in charge of the Department. Also referred to as the Secretary.
Calendar Day. Each and every Day shown on the calendar, beginning and ending at midnight.
Certificate of Compliance. A certificate provided by the Contractor proving that the relevant Material is in accordance with the
Contract.
Change Order. A written order issued to the Contractor by the Department covering contingencies, Extra Work, increases or
decreases in Contract quantities, payments for items for which there is no Bid Item Unit Price, additions or alterations to
the Plans or Specifications within the scope of the Contract, and establishing the Basis of Payment and time adjustments
for the Work affected by the changes, or adjustments to the original Contract. A Change Order may consist of a
Supplemental Agreement or Field Sheet. A Change Order is the only method authorized for changing the Contract.
Chief Engineer. The Engineer in charge of the planning and design of Projects for the Department or the individual's designee.
Chill Factor. The Chill Factor is the ambient temperature (in degrees Fahrenheit) minus wind velocity (in miles per hour).
Claim. A Contractor request or demand for a Contract adjustment, equitable adjustment, additional time or compensation and
other contractual damages, Delay damages, an extension of Contract Time, pass-through Subcontractor Claims, or for any
other remedy arising from a dispute, disagreement, or controversy concerning respective rights and obligations under the
Contract.
Commercial Material Source. A Material source that has been utilized by a private producer in a commercial operation from
which Material has been sold within the last 24 months before the date of the letting.
Completion Dates. Contracts may have the following Completion Dates as defined herein:
Substantial Completion Date
Physical Completion or "Completion" Date
Mandatory Completion Date
Construction Maintenance Easement (CME). A real property interest in land acquired by the Department in conjunction with a
Highway, Street, or Road Project to provide permanent access to private property to perform specific construction and
maintenance functions.
•
Construction Zone. The area within the Right of Way from the first traffic control sign announcing the Road work to the last sign
announcing the end of Road work within which the Contractor shall perform construction activities.
Contract. The entire and integrated written agreement between the Department and the Contractor setting forth the obligations of
the parties, including, but not limited to, the performance of the Work and the Basis of Payment.
The Contract includes the Advertisement, Bid Form and Contract Bond, Standard Specifications, Supplemental
Specifications, Special Provisions, Addenda, Notice To Contractors, general and detailed Plans, Standard Drawing
serials, and Notice to Proceed — also any Change Orders and agreements that are required to complete the construction
of the Work in an Acceptable manner, including authorized extensions thereof, all of which constitute one instrument.
Contract Bonds. The approved payment and performance bonds — executed by the Contractor and the Contractors Surety or
sureties — guaranteeing complete execution of the Contract and all Change Orders pertaining thereto, and the payment of
all debts pertaining to the construction of the Project.
Contractor. The individual, partnership, firm, corporation, or joint venture contracting with the Department for performance of the
Work.
Contract Time. The time specified in the Invitation For Bids for completion of the Contract. This time may be defined as a
specified fixed date, a given number of Working Days, or a given number of Calendar Days — or a combination of the
above. The Contract Time may be amended by mutual written agreement to include authorized time extensions as the
performance of the Contract requires.
County. The County in which the Work herein specified is to be done.
Cultural Resource. Any prehistoric or historic period artifact, site, building, structure, material remains, or traditional use area
resulting from, or associated with, human cultural activity. Historically important Cultural Resources are those eligible for
inclusion on the National Register of Historic Places.
Cultural Resource Professional. An individual with at least four (4) years of full-time paid experience in Cultural Resource
investigations, including analyzing and preparing documentation needed to meet the requirements of Section 106 of the
['Wilson 100
Page 6
National Historic Preservation Act. The individual must be properly permitted to meet the requirements of the. NM State
historic preservation officer or appropriate tribal preservation officer.
Culvert. Any Structure not classified as Bridge or casing that provides an opening under a Roadway.
Day. Calendar Day unless otherwise noted.
Delay. Any event, action or factor that extends the time for the performance of the Work or that negatively affects the critical path
for the Project, whether it be excusable, inexcusable, nonexcusable, concurrent, compensable or noncompensable.
Deleterious Material. Unsuitable material harmful to final product.
Department. The New Mexico Department of Transportation as constituted under the laws of the State for the administration of
transportation Work. Any reference to Contract documents, Plans, Special Provisions, Standard Drawings, Forms,
Change Orders, and any other pertinent written communication in which the terms New Mexico State Highway
Department" or "New Mexico State Highway and Transportation Department" appears shall be the same as the term New
Mexico Department of Transportation or its designated agent.
Detour. A temporary route for traffic (vehicular or otherwise) around a closed portion of a Road.
Disadvantaged Business Enterprise (DBE). As defined in title 49 CFR part 26.
District A subdivision of the State for the purpose of executing the Department's construction, maintenance, and administrative
activities.
District Engineer. The Engineer in charge of a Department District.
Divided Highway. A Highway with separated Roadways for traffic, generally in opposite directions.
Embankment. The portion of a Roadway that is below the Subbase, Base Course, and Surface Courses and that is built up in
layers consisting principally of soil and broken rock or a combination thereof.
Engineer. The designee of the Cabinet Secretary of the Department.
Entrance Angle (EA). The angle between the reference axis and the axis of incident' light (Counter-clockwise rotation of the
reference axis relative to the axis of incident light is considered positive.)
Environmental Professional. An individual qualified to perform hazardous material investigations. This individual must possess
the qualifications described in 40 CFR Part 312(4)(E), the USEPA's Standards and Practices for All Appropriate Inquiries.
Environmental Program Manager. The individual in charge of the Environmental Bureau of the Department.
Environmental Resource. The physical and biological components of the human and natural environment.
Environmental Specialist An individual with at least four (4) years of full-time paid experience in environmental investigations,
including analyzing and preparing documentation needed to meet the FHWA approval requirements for the National
Environmental Policy Act and related legislation.
Equipment. All machinery, tools, and Equipment, together with the necessary supplies for upkeep and maintenance, necessary for
the construction and completion of the Contract.
Extra Work. Work not provided for in the Contract but found by the Project Manager to be essential to the satisfactory completion
of the Contract within its intended scope. Extra Work means either 1) an item of Work ordered under the Contract for
which there is no Bid Item Unit Price or 2) an increase or decrease of 25% in the original Contract quantity of a Major
Contract Item. (See Section 104.2, "Significant Changes in the Character of Work.") Such Work shall be performed as
directed and will be paid for only on one of two grounds as provided in Section 109.5, "Payment for Changes, Differing Site
Conditions, and Extra Work," by Bid Item Unit Price, negotiated price agreement, or by Force Account.
Fabricator. A Supplier that fabricates or supplies Structural Steel or other structural items.
Field Sheet A type of Change Order that does not require a Contractor's signature.
Force Account. The Basis Of Payment for the directed performance of Work, with payment based on the actual cost of labor,
Equipment, and Materials, and including various constant additives.
Fractured Face. At least one-half of the projected particle area exhibits a rough, angular, or broken texture with well defined edges.
General Office (GO). The Department's main headquarters.
Hazardous Materials. Any substance, product, waste, or other Material of any nature whatsoever that is or becomes listed,
regulated, or addressed pursuant to all applicable laws all as amended, or any other federal, state, or local statute law,
ordinance, resolution, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of
Olvison 100
Page 7
conduct concerning any hazardous, toxic, or dangerous waste, substance, or material.
Highway, Street, or Road. A general term denoting a public way for purposes of vehicular or pedestrian travel.
Holiday. Holidays recognized by the State of New Mexico are as follows, unless otherwise provided by the legislature:
T.
10.
1°' Day of January (New Year's Day);
3'd Monday in January (Martin Luther King Jr. Day);
3'd Monday in February (Presidents' Day);
Last Monday in May (Memorial Day);
4th Day of July (Independence Day);
1°' Monday in September (Labor Day);
2I'd Monday in October (Columbus Day);
11" Day of November (Veteran's Day);
4°1 Thursday in November (Thanksgiving Day);
25th Day of December (Christmas Day).
If any Holiday above falls on a Saturday or Sunday, the previous Friday or following Monday, respectively, shall be
considered a Holiday.
Independent Assurance. A construction management tool in which a third party, not directly responsible for process control or
Acceptance, provides an independent assessment of the Work, Materials, or the reliability of test results obtained from
process control and Acceptance testing.
Incentive/Disincentive Provision. Predetermined adjustments to the Contract price.
Incidental. Occurring or likely to occur at the same time or as a result of other items of Work as specified in the Contract for which
no separate or additional payment will be made.
Inspector. The Project Manager's authorized representative.
Invitation for Bids. See Advertisement.
Job Mix Formula (JMF). The combined aggregate gradation and the percentage of each Material component in the mix.
Laboratory. A testing Laboratory of the Department, Contractor or any other testing Laboratory that may be designated by the
Engineer and is AASHTO Materials Reference Laboratory (AMRL) Certified.
Landscape Architect The Cabinet Secretary's designee for landscape architecture.
Lighting and Signal Engineer. The Engineer in charge of the Department's signal and lighting design.
Luminarie. A lighting device designed to illuminate the surface of a specific area from a mounting on a Standard, including the
housing, optical control, lamps, and necessary ballasts.
Lump. The mathematical quantity for a Lump sum item is one.
Machine Vision Vehicle Detection System. A system that tracks vehicles on a Roadway via processing of video images and
provides detector outputs to a traffic controller.
Mandatory Pre - Bid Conference. A meeting or conference to be conducted prior to the Bid Opening at which all Bidders are
required to attend. A Mandatory Pre - Bid Conference is conducted for the purpose of discussing Contract requirements,
to inform Bidders of important information relating to the performance of the Work, to answer questions of prospective
Bidders in order to better facilitate proper bidding, compliance with the Contract, performance of the Work, to reduce jobin-progress disputes between the Department and Contractor, and to reduce the potential for Change Orders, Claims,
Liquidated Damages, added costs and cost overruns. The requirement to attend a Mandatory Pre-Bid Conference shall be
set forth in a Notice to Contractors, Special Provision or Addendum. A Bidder's failure to attend shall result in its Bid
being rejected as non-responsive. _
Maintaining Agency. Public entity such as a City or County responsible for the electrical energy costs and maintenance of the
approved and Accepted signal and lighting system.
Major Contract Item. Any item, excluding mobilization, having a Bid Item Price of 10% or more of the Total Bid Amount for the
Contract, minus the amount Bid for mobilization.
Mandatory Completion Date. The date on which the Project shall be completed. This may be either Substantial Completion or
Physical Completion as specified in the Contract. If neither is specified, it shall mean "Substantial Completion."
Materials. Any substances specified for use in the construction of the Project and its appurtenances.
Minn 100
Page 8
9
Median. That portion of a Divided Highway separating the Traveled Way for traffic in opposing directions.
Method of Measurement. The method in which a Pay Item is measured to conform with the Pay Unit.
Nominal Maximum Sieve. One sieve size larger than the first sieve that retains 10% or more of a given Material.
Non-Conformance. Contractor's failure to comply with the Contract or to provide Acceptable Work to the Department. NonConformances are subject to a withholding of 25% of the Progress Payment. Non-Conformance withholdings will be
paid at the subsequent Progress Payment following resolution of all Non-Conformances.
Notice to Proceed. (Work Order) Written notice to the Contractor to proceed with the Contract Work including the beginning
date of Contract Time.
Notice to Contractors. An addition to the Contract package, made prior to its issuance to the Contractor, indicating changes to
the Plans and Specifications.
Observation Angle. The angle between the axis of incident light and the observation axis.
Partial Suspension. The suspension of Work on some, but not all Contract Items.
Pavement Structure. The combination of Subbase, Base Course, and Surface Course placed on a Subgrade to support and
distribute the traffic load to the Roadbed.
Pay Adjustment An adjustment to a payment for a specific portion of the Work based on the quality of the Work performed by the
Contractor and Accepted by the Department. Other Department documents may refer to this term as price adjustments,
price reductions, or pay reductions.
Physical Completion. All the Work is physically completed on the Project and is Accepted by the Project Manager. All
documentation required by the Contract and by law shall be furnished by this date.
Pit Agreement. An agreement with a property owner to provide borrow or surfacing Material for Highway construction or
maintenance.
Plans. The approved Contract drawings showing profiles, typical cross sections, or exact reproductions that show the location,
character, dimensions, and general or specific details of the Work to be done.
Post Construction Plans. Final drawings reflecting Work and quantities performed under the Contract.
Pre-Construction Conference. A meeting between the Department and the Contractor prior to any Work taking place to review
and discuss Contract requirements, construction details, the Baseline Schedule, Contract administration issues, and any
items peculiar to the Project. See Section 108.2 "Notice to Proceed and Pre-Construction Conference" for specifics
associated with the Pre-Construction Conference.
Pre-Pave Conference. A meeting between the Department and the Contractor prior to the commencement of paving operations
to review, discuss and coordinate the Work associated with paving operations.
Pre-Fabrication Conference. A meeting between the Department and the Contractor prior to any fabrication Work taking place.
Pre-Deck Conference. A meeting between the Department and the Contractor prior to the commencement of deck placement
operations to review, discuss and coordinate the Work associated with the deck placement.
Pre-Bid Due Diligence. The Bidder's exercise of due diligence before submittal of a Bid which includes the careful, independent
examination of the site of the proposed Work, including Materials pits and haul Roads, the Bid Package, all Contract
documents including Standard Specifications, Special Provisions, Supplemental Specifications, and standard and
serial drawings and boring logs which are representative of the condition at the precise location where each boring was
made but conditions may vary between boring locations.
Professional Service. A Subcontractor who provides a specialized service requiring professional licensure by the state of New
Mexico, e.g. Professional Engineers, Professional Surveyors and Attomeys.
Profile Grade. The line obtained from the trace of a vertical plane intersecting the top of the surfacing at the locations shown on the
Plans and determined in accordance with the criteria set forth in the standard serials and drawings. Profile Grade means
either the elevation or the gradient of such trace according to the context. The location of the Profile Grade will be
designated by the Department and shown on the Plans. The Profile Grade may be used to designate the gradient and
elevation of other construction features such as tops of curb, channels, Sidewalks, etc.
Progress Payment. A monthly payment provided by the Department to the Contractor for Work, subject to withholdings for NonConformances and Retainage.
Project. The specific section of the Highway or property on which construction is to be performed as specified in the Contract.
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Project Manager. The Department's representative who is delegated the responsibility for administration of the Project.
Punch List A list, prepared by the Project Manager, of corrective Work items to be completed by the Contractor after
Substantial Completion but before Contractor's request for final inspection. The Punch List is limited to items of the
Work that are necessary to correct minor imperfections, deficiencies and deviations from the requirements of the Contract
but which have no material or adverse effect on the full operability of the Project for its intended purpose and may be safely
and effectively used by the public without delay, disruption, or impediments.
Quality Assurance (QA). The Department's sampling, testing, inspection, and other activities to determine payment and make
Acceptance decisions.
Quality Control (QC). The Contractor's actions and considerations necessary to assess production and construction processes so
as to control the level of quality being produced In the end product. Quality control includes sampling and testing by the
Contractor to monitor and adjust its process. Quality Control does not include Acceptance sampling and testing by the
Department.
Quality Level Assurance (QLA). Is equivalent to OC/QA.
R-value. The measurement of the response of a compacted sample of soil or aggregate to a vertically applied pressure under
specific conditions.
Required Documents for Bid Submittal. Those documents specified in the Bid Package required for Bid submittal.
Resource Loading. The Contractor's assigning of resources necessary to develop an Acceptable CPM for the Project.
Resource Loading shall include personnel, Contract dollars earned. Materials, facilities and Equipment associated with
each activity within the CPM.
Responsible Bidder. A Bidder who submits a Responsive Bid and who has furnished, when required, information and data to
prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate
to make satisfactory delivery of the services, construction or items of tangible personal property described in the Invitation
For Bids as defined in NMSA 1978, § 13-1-82.
Responsive Bid. A Bid which conforms in all material respects to the requirements set forth in the Invitation For Bids and the
Contract documents, including Notice to Contractors, Special Provisions, Supplemental Specifications, and Addenda
and which has not been rejected. Material respects of a Bid include but are not limited to price, quality, quantity or delivery
requirements as defined in NMSA 1978, § 13-1-84.
Retainage. 5% of the Total Original Contract Amount as amended by Change Order. The 5% shall be retained when the
Progress Payments equal 95% of the amended Contract amount. The retainage shall be withheld until Physical
Completion to assure that the Contractor shall satisfy its obligations and complete the Work.
Right of Way (ROW). A general term denoting land or property, or interest therein, usually in a strip, acquired for or devoted to
transportation purposes.
Roadbed. The graded portion of the Highway with top and side slopes prepared as a foundation for the Subgrade, Pavement
Structure, and Shoulders.
Roadway. A general term denoting the Traveled Way and the Shoulders.
Roadway Prism. The Roadway construction limits between the outside limits of the side slopes.
Secretary. See Cabinet Secretary.
Shoulder. The portion of the Roadway contiguous with the Traveled Way for accommodation of stopped vehicles, for emergency
use, and for lateral support of Base and Surface Courses.
Sidewalk. That portion of the Roadway primarily constructed for use by pedestrians.
Signal Assembly. A housing containing the required illuminated traffic signal indications (vehicular and pedestrian) mounted on a
Standard.
Small Business. As defined in 5 USC Section 601 and 15 USC Section 632 of the Small Business Act.
Special Provisions. Additions and revisions to the Standard and Supplemental Specifications covering conditions applicable to
an individual Project.
Specialty Items. Work not usually performed by Highway Contractors and so designated in the Contract.
Specifications. A general term applied to all written provisions and requirements pertaining to performance of the Work.
Specific Intensity. Candlepower of the returned light at the chosen Observation and Entrance Angles for each lumen per square
meter, foot-candle of illumination at the reflector on a plane perpendicular to the incident light.
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Standard. In traffic lighting, a pole-type structure that supports and positions signal and lighting devices, including arms, mounting
hardware, and lowering and Breakaway devices as required.
Standard Drawings. Detailed drawings for specific Items of Work approved for repetitive use.
Standard Specifications. The Department's book of Specifications approved for general application and repetitive use.
State. The State of New Mexico acting through its authorized representatives.
State Asphalt Engineer. The Engineer in charge of the Department's Asphalt Unit of the State Materials Bureau.
State Bridge Engineer. The Engineer in charge of the Department's Bridge Design Bureau.
State Concrete Engineer. The Engineer in charge of the Concrete Unit of the State Materials Bureau.
State Construction Engineer. The Engineer in charge of the State Construction Bureau.
State Geotechnical Engineer. The Engineer in charge of the Geotechnical Unit of the State Materials Bureau.
State Materials Engineer. The Engineer in charge of the State Materials Bureau.
State Transportation Commission. The six (6) member policy board for the Department
State Transportation Commissioner. An individual member of the State Transportation Commission.
Structures. Bridges, Culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, end-walls, buildings, sewers, service
pipes, under drains, foundation drains, and other such features that may be encountered in the Work.
Structural. Steel. Steel shapes, plates, H-piling and sheet piling. Shapes are pipes, structural tubing and all hot-rolled flanged
sections. Hot-rolled flanged section are rails and mill products having AISC shape designations of W, S, M, C, MC, HP, L,
WT, ST and MT.
Subbase. The layer or layers of specified Material thickness placed on a Subgrade to support Surface Courses.
Subcontractor. An individual, partnership, firm, corporation, or joint venture, other than a Trucker, to whom the Contractor
subcontracts part of the Contract who meets the requirements of a Subcontractor under Section 108.1, "Subcontracting."
The term Subcontractor includes first-tier, second-tier and other tiered Subcontractors and Sub-subcontractors. A
Subcontractor has no privity of Contract with the Department and has no direct or indirect cause of action against the
Department for any Claim or cause of action, including nonpayment by the Contractor, arising out of the Project.
Subgrade. The portion of the Roadbed prepared as a foundation for the Pavement Structure.
Substantial Completion. The point at which:
5.
All critical path activities on the Project have been completed and Accepted;
All Non-Conformance issues have been resolved without exception;
The Project is complete such that it can be safely and effectively used by the public without delays, disruption, or
impediments;
The Contractor has requested a determination of Substantial Completion from the ADE - Construction; and
The ADE — Construction has made a determination that the Project is Substantially Complete.
For conventional Bridge and Highway Work, it is the point at which all the following Work is complete for the safe and
efficient use of the public (or as otherwise defined in the Contract):
9.
Bridge deck;
Parapet;
Pavement Structure;
Shoulder
Permanent signing;
A minimum of one application of striping;
Traffic barrier;
Signalization and Lighting; and
Safety appurtenances.
Substructure. All of that part of the Bridge Structure below the bearings of simple and continuous spans. skewbacks of arches,
and tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings.
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Superintendent The Contractor's agent authorized in writing to be in responsible charge of the Project.
Superstructure. The entire Bridge Structure except the Substructure.
Supplemental Agreement. A type of Change Order that may require Contractor signature.
Supplemental Specifications. Approved additions and revisions to the Standard Specifications.
Supplier. Any individual, partnership, firm, corporation, or joint venture that manufactures or supplies Materials to be incorporated
into a construction Project but who performs no actual work on the Project site.
Surety. The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor.
Surface Course. Layer or layers of a Pavement Structure designed to accommodate the traffic load, the top layer of which resists
skidding, traffic abrasion, and the disintegrating effects of climate.
Surfacing Pit. A source from which suitable Material for the production of Surface Course aggregate is obtained.
Suspension and Debarment The disqualification of a Bidder or Contractor from bidding or performing construction Work for a
period of time determined by Department Regulations (18.28.4 NMAC).
System Master. In traffic lighting, an electronic device normally installed in a controller cabinet capable of supervising an
interconnected network of local controllers, providing coordinated traffic movement. System masters in turn may be
controlled by a computerized traffic control closed-loop system.
Temporary Construction Permit (TCP). A temporary interest in land acquired in conjunction with a Highway Project to provide
for the temporary use of private property for the duration of the construction to perform construction activities in which the
improvements are not intended to be permanent.
Termini. A general term used to describe the Project Limits, and including the beginning and end of the Project, its Right of Way,
pit sites, haul Roads, and temporary and permanent construction or maintenance easements.
Total Bid Amount. The sum of all the Bid Item Prices on the Bid Form.
Total Original Contract Amount. The total amount Bid as compensation for the Contract.
Town, City, or District. Subdivisions of the State used to designate or identify the location of the proposed Work.
Traffic Lanes. See Traveled Way.
Traffic Services Engineer. The District Engineer's representative for traffic engineering.
Traffic Signal. The complete installation of a traffic control system at an intersection, including the illuminated signal indications,
supports, electrical controls, and distribution system.
Traveled Way. The portion of the Right of Way designated for the movement of vehicles, exclusive of Shoulders and Auxiliary
Lanes.
Trucker. (Also called Trucking, Trucking Deliveries, Deliveries and Hauling) A Trucker is an individual, partnership, firm,
corporation, or joint venture that transports or delivers Materials to and from the Project and does not perform Work on the
Project site. A Trucker transports, but does not place, Materials (i.e. pit Materials, plant Materials, fabricated Materials,
demolished and milled Materials, trash and waste Materials).
Unbalanced Bid. A Bid which is either materially or mathematically unbalanced. (A) Materially. A Bid that generates a reasonable
doubt that awarding the Contract to the Bidder submitting a mathematically unbalanced Bid will result in the lowest ultimate
cost to the Department. (B) Mathematically. A Bid containing lump sum or unit Bid Items that do not reflect reasonable
actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect
costs.
Value Engineering Cost Proposal. A Contractor-provided alternative to the Work methods or Materials specified in the
Contract that establishes a better or approved-equal product or result without affecting the functional purpose of the Work
being revised, and that produce a net savings to the Department. Areas exempted from Value Engineering Cost
Proposals are mix designs and traffic control.
Work. The providing of all labor, Materials, Equipment, and other Incidentals necessary for the successful completion of the
Project, the successful completion of Pay Items, and the carrying out of the duties and obligations imposed by the
Contract.
Working Day. Every Day except Saturdays. Sundays. and Holidays. Based on a review of weather conditions and the actual
Work performed by the Contractor, the Project Manager will determine (between the end of the Day and noon of the next
Day) if the Department will charge a Working Day. If the Contractor was able to effectively prosecute Work on a critical
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path tern for six or more hours on a Saturday, Sunday, or Holiday, a Working Day will be charged.
Working Drawings. Contractor-furnished documents including, but not necessarily limited to:
5.
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Stress sheets;
Shop drawings;
Bending diagrams for reinforcing steel;
Plans for erection, false Work, frames Work, cofferdams, and other items; and
Such other similar data required for the successful completion of the Work.
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SECTION 102: BIDDING REQUIREMENTS AND CONDITIONS
102.1
INVITATION FOR BIDS
The Department will issue Invitations for Bid for the construction of Projects on the date set for Project Advertisement. The
Invitation for Bids will indicate the following:
5.
102.2
The Project number;
The Contract Time;
The locations, length, and description of the Work;
The date, time and place for the Bid Opening; and
Information concerning the cost and availability of Plans and Required Documents for Bid Submittal.
PREQUALIFICATION OF BIDDERS
Prequalification of Bidders is a condition for submitting a Bid as authorized by the New Mexico Procurement Code, NMSA
1978, § 13-1-82 and 13-1-134.
Bidders shall be prequalified in accordance with the requirements of the Departments prequalification regulations, 18.27.5
NMAC. The failure of a Bidder to be prequalified shall render the Bid non-responsive and the Bid shall be rejected.
102.3
SUSPENSION AND DEBARMENT
The Department may suspend or debar a Bidder in accordance with NMSA 1978, § 13-1-177 to 13-1-180 and the
Department's Suspension and Debarment rules as per 18.28.4 NMAC. A suspended or debarred Bidder shall be ineligible to Bid or
perform any Work on Department Projects during the period of its Suspension or Debarment.
A Bidder who is suspended or debarred by a federal agency, (i.e. as identified on the federal excluded parties list) shall be
ineligible to Bid or and may be ineligible to perform any Work on any Project subject to federal reimbursement during the period of
its Suspension or Debarment.
102.4
BID PACKAGE
The Department will make available to prospective Bidders a Bid Package consisting of the Required Documents for Bid
Submittal. The Required Documents for Bid Submittal are comprised of the documents as specified in the Contract's index of
documents, including but not limited to the following: Bid Form, Bid Schedule and Bid Guaranty.
Only the Required Documents for Bid Submittal are to be submitted. All forms in this package are considered a part
thereof and must not be detached or altered when the Bid is submitted.
All requirements for electronic submittals will be specified in the Department's Invitation for Bids. When specified in the
Invitation for Bids, submit a Bid in electronic format.
102.5
REFUSAL OR REJECTION OF BIDS.
The Department may refuse to receive or open a Bid, or may reject a Bid, for the following reasons:
A Bidder lacks competency, financial stability, or adequate machinery, plants or other Equipment, or the ability to
commence the Work within 30 Days of the Notice to Proceed;
A Bidder is responsible for uncompleted Work that in the judgment of the Department might reasonably be expected to
hinder or prevent the prompt completion of additional Work;
A Bidder fails to timely pay, satisfactorily settle, or provide security for the payment of claims for labor, Equipment.
Materials, supplies, or services legally due on previous or ongoing Contracts;
A Bidder is not Prequalified;
A Bidder defaults under a previous Contract, including Contracts with other public entities;
A Bidder performs previous Work unsatisfactorily, or fails to comply with Section 108.3, "Schedule;"
The Department issues a notice of Suspension or Debarment to the Bidder;
A Bidder submits more than one Bid for the same Work under its own name, or under a different name;
Evidence exists of collusion among Bidders or prospective Bidders, in the preparation of a Bid for a Department Project;
A Bid Item Unit Price results in an Unbalanced Bid to the potential detriment of the public or the Department. The
Department may require the Apparent Low Bidder to detail in writing how its prices were determined, and to justify the
basis for its prices;
A Bid Item Unit Price or total Contract Bid price differs significantly from the Engineer's estimate or from other Bids to the
potential detriment of the public or the Department;
A Bid Item Unit Price does not include reasonable actual costs plus a reasonable proportionate share of the Bidder's
anticipated profit, overhead costs, insurance, and other indirect costs including any insurance or overhead expenses
necessary to complete that Bid Item to the potential detriment to the public or the Department;
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A Bidder contacts or communicates with any State Transportation Commissioner or any Department personnel
responsible for Bid review and the Award of the Contract in relation to the Bid review or Award process at any time prior to
the notification that the Contract has been awarded to the lowest Responsible Bidder, except for exercising a Bidder's
right to file a written protest pursuant to Section 103.3 "Bidding Dispute Resolution Procedures" or in response to an
inquiry from the Bid review committee;
A potential benefit to the public or the Department exists if the Contract is re-advertised;
Failure to attend a Mandatory Pre-Bid Conference when so required by a Notice to Contractor, Special Provision or
Addendum;
A Bidder is subject of a judgment or verdict imposing a civil or criminal penalty under either the Federal False Claims Act
or the New Mexico Fraud against Taxpayers Act;
To redesign the Project or change Project Specifications;
If the Department becomes aware of an error in the quantity of a Bid Item shown in the Bid Schedule, Plans, or other
Contract documents which may call into question the Department's ability to determine which Bid will result in the lowest
ultimate cost to the Department; or
19. When it is in the best interests of the public or the Department to do so.
102.6
INTERPRETATION OF QUANTITIES
The quantities appearing in the Bid Schedule, Plans, or other Contract documents are approximate only and are prepared for
the comparison of Bids. Payment to the Contractor shall be made only for the actual quantities of Work performed and Accepted, or
Materials furnished, or as otherwise specified (e.g., Computed Quantities) in the Contract.
102.7
EXAMINATION OF CONTRACT, PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK
/
4.
102.8
The Department will prepare Plans and Specifications in accordance with acceptable engineering standards and will give
such directions as may enable any competent Contractor to construct the Work. The submission of a Bid shall be
considered prima facie evidence that the Bidder has exercised Pre-Bid Due Diligence and accepts the conditions to be
encountered in performing the Work and accepts the provisions and requirements of the Contract. The Bidder must so
certify on the Bid Form for the Bid to be considered a Responsive Bid;
When available, boring logs and other records of subsurface investigations including Borrow, surfacing Material, and other
Materials pits may be inspected by the Bidders. Bidders are informed that such information is for Department design and
estimating purposes only. Such information is made available to Bidders so that they and the Department have identical
access to subsurface information. The Department does not warrant the sufficiency of such subsurface investigation
documentation, and the Department furnishing such subsurface investigation documentation does not relieve the Bidder
from, at its own expense, performing its own site investigation, considering geotechnical data from previous Projects
performed by the Bidder in the vicinity of the Project, and determining how subsurface conditions may affect the means,
methods and cost of the Work;
Requests for Contract interpretation shall be in writing, addressed to the Chief Engineer, and must be received by the
Chief Engineer at least 48 hours prior to the date fixed for the opening of Bids in order to receive a written response to the
request. No interpretation of the meaning of the Contract shall be made to any Bidder orally. The Contractor shall not
rely on oral statements and shall only rely on written responses provided by the Chief Engineer or designate. Any and all
such interpretation and any supplemental instructions if issued by the Department wilt be in the form of an Addendum or
posted to Bid Express. Such Addendum will be provided to all prospective Bidders for such purposes and shall, whenever
practicable, be issued no later than twenty-four (24) hours prior to Bid Opening. The Bidder agrees that it will make no
Claim because of misinterpretation or misunderstanding of the Contract or because of lack of information; and,
The Contractor is not entitled to a written response by the Chief Engineer when Contract interpretation requests are
received less than 48 hours before Bid Opening. If a written response by the Department to a request for Contract
interpretation is not provided, the Bidder shall Bid the Contract according to the Contract documents.
PREPARATION OF BID
Submit the Bid as provided in the Bid Package, and complete the blank spaces in the Required Documents for Bid
Submittal. For each Bid Item, the Bidder shall state in numerals, either in ink or digital format, the Bid Item Unit Price for
which the Bidder proposes to perform each Bid Item;
Specify a Bid Item Unit Price for each Bid Item, except when a Bid Item Unit Price is established by the Department. The
Bid Item Unit Price shall include, and shall be conclusively presumed to include, reasonable actual costs plus a
reasonable proportionate share of the Bidder's anticipated profit. overhead costs, insurance, and other indirect costs
necessary to complete that Bid Item;
Show the Bid Item Prices by multiplying the respective Bid Item Unit Prices and quantities, and also show the Total Bid
Amount in the space provided on the Bid Schedule. The Total Bid Amount will be the sum obtained by adding the Bid
Item Prices;
5.
6.
Divlson 100
For paper Bid submittals make changes to any entry on the Required Documents for Bid Submittal by marking through the
entry in ink and making the correct entry adjacent thereto in ink. Initial the change in ink;
Show the amounts for the respective Bid Item Unit Prices to a maximum of three decimal places. Truncate additional
decimal places in excess of three;
Exclude the applicable State GRT and local option tax. The Department will pay the applicable tax;
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9.
102.9
Exclude any Indian business tax, TERO tax, and other tax imposed by a tribal government;
Submit Required Documents for Bid Submittal signed by the president, vice-president, owner, or other representative of
the Bidder authorized in writing to bind the Bidder; and,
Except in the exercise of a Bidder's right to file a written protest pursuant to Section 1033, "Bidding Dispute Resolution
Procedures," or in response to an inquiry from the Bid review committee, a Bidder shall not contact or communicate with
any State Transportation Commissioner or any Department personnel in relation to the Bid review, Award process, or
awarding of the Contract at any time prior to the notification that the Contract has been awarded to the lowest responsive
and Responsible Bidder.
INNOVATIVE CONTRACT INCENTIVES
The Department may include innovative Contract Incentives in the Special Provisions, Notice to Contractors, or Addenda. The
Department reserves the right, as may be provided in the Contract, to escrow Bid Documents, to request information for
informational purposes only, and to use innovative bidding approaches, including requiring Bidders to bid a daily overhead rate (cost
/ Day) as a Bid Item Unit Price.
102.10
IRREGULAR BIDS
A Bid will be deemed irregular and shall be rejected
in
the event a Bidder.
Submits its Bid on forms different than the Required Documents for Bid Submittal;
Does not sign its Bid Form in accordance with Section 102.8, "Preparation of Bid," and thereby fails to bind the Bidder to
its Bid;
Alters the Required Documents for Bid Submittal;
Omits any material portion of the Bid Package when submitting its Bid;
Submits a Bid containing irregularities, such as unauthorized additions and conditional or alternate proposals that tend to
make the Bid incomplete, indefinite, or ambiguous;
Adds provisions reserving its right to accept or reject an Award, or reserving its right to refuse to enter into a Contract after
an Award;
Omits both a Bid Item Unit Price and a Bid Item Price for each Bid Item;
Fails to initial (In ink) changes to Bid Item Unit Prices or Bid Item Prices in accordance with Section 102.8, "Preparation of
Bid;"
Fails to deliver the Bid in accordance with Section 102.12, "Delivery of Bids:" or,
Fails to provide in its Bid the certification required by Section 102.7, "Examination of Contract, Plans, Specifications,
Special Provisions, and Site of Work."
102.11
BID GUARANTY
A Bidder shall submit with the Bid, a Bid Guaranty in the amount of at least 5% of the Total Bid Amount. The Bid Guaranty
shall be in the form of one of the following:
3.
102.12
Bid bond;
Certified check; or
Postal or Bank money order.
DELIVERY OF BIDS
A Bidder shall submit the Bid in a sealed envelope and plainly marked with the Project number, control number, location of the
Project, and the name and address of the Bidder. If sent by United States Mail or private carrier, mail in accordance with the
Invitation for Bids. The Department must receive the Bid before close of business the Day before the Bid Opening. In the
alternative, a Bid may be hand-delivered by the Bidder prior to the Bid Opening to the official designated by the Department to open
and read Bids at the Bid Opening.
Alternatively, the Bidder may submit its Bid electronically in accordance with the Invitation for Bids.
102.13
REVISION OF BIDS
A Bidder may revise its Bid after submitting it to the Department, provided such revision is in writing, facsimile or electronically
in portable document format (PDF) and is received by the Department before the Bid Opening in accordance with the Invitation for
Bids.
A Bidder may revise electronic Bids anytime before Bid Opening.
102.14
WITHDRAWAL OF BIDS
A Bidder may withdraw its Bid after it has been deposited with the Department and before the time set for Bid Opening by
requesting to do so in person, in writing, by facsimile, or electronically in PDF. Once a Bid Opening has commenced at the time and
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place designated in the Invitation for Bids. a Bidder may not withdraw its Bid, except that an opportunity will be given prior to the
opening and reading of the Bids on each Project for a Bidder to withdraw the Bidder's own Bid for that Project and for any other
Projects which have not yet been opened and read. Withdrawn Bids shall not be resubmitted.
Alternatively, the Bidder may withdraw its Bid electronically in accordance with the Invitation for Bids.
102.15 BID OPENING
Bids will be opened and read publicly in the presence of one or more witnesses at the time and place designated in the
Invitation for Bids. The amount of each Bid and each Bid Item, and such other relevant information as may be specified by the
Department, together with the name of each Bidder, will be recorded, and the record and each Bid will be open to public inspection.
102.16 ENGINEER'S ESTIMATE
The Engineers Estimate shall be confidential and is not subject to the Inspection of Public Records Act and shall not be
disclosed to, or be subject to inspection by, members of the public prior to the Bid Opening. When all Responsive Bids for the
Project are received and read during the Bid Opening, the Engineers Estimate for the Project will be publicly disclosed.
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SECTION 103: AWARD AND EXECUTION OF CONTRACT
103.1
16
CONSIDERATION OF BIDS
After the Department opens and reads the Bids, a Bid review committee will check the extended unit prices and the sum of the
extended unit prices and item lump sums for accuracy and compare the resulting Total Bid Amounts. The Department's Bid Review
Committee shall review and evaluate Bids for a number of factors, which may include: comparison of Bids against the Engineer's
Estimate; number of Bids submitted; unbalancing of Bids; Bid prices for the Project versus Bid prices for similar projects; Unit Bid
Price differences between a Bid, the Engineers Estimate, and other Bids; Bid irregularities; whether a Unit Bid Price substantially
reflects reasonable actual costs plus a reasonable proportionate share of the Bidders anticipated profit, overhead costs, insurance,
and other indirect costs necessary to complete that Bid Item; justification for any differences; and, any other factors the Department
has determined to be in the public's interest. The results of the completed analysis will be available to the public after preliminary
Award of Contract.
If the Bid Item Unit Price is omitted, the Bid Item Price will be divided by the estimated quantity, thereby establishing a Bid Item
Unit Price. If both the Bid Item Unit Price and the Bid Item Price are omitted, the Bid shall be rejected.
If a discrepancy exists between a Bid Item Unit Price and its extension, the Bid Item Unit Price shall govern. If two Contractors
submit identical lowest Total Bid Amounts, the Department shall determine the successful Bidder by the flip of a coin.
Mathematical errors in Bid Item Prices or Total Bid Amount shall be corrected by the Department during the review of Bids.
The Department reserves the right to reject any or all Bids, to waive technicalities, or to advertise for new Bids if, in the
judgment of the Department, the best interests of the public and the Department would be promoted thereby. Any or all Bids may
be rejected when it is in the best interest of the public and the Department at any time prior to execution of the Contract. If all Bids
are rejected the Department may request a new Invitation for Bids. A Department decision to cancel the Award of Contract or to
reject all Bids and issue a new Invitation for Bids is wholly an exercise of executive discretion not subject to review at an informal
hearing pursuant to Section 103.3, "Bidding Dispute Resolution Procedures".
103.2
AWARD OF CONTRACT
When required by the Department, the Bidder shall submit written answers to the Bidder Information Questionnaire. The
Department will determine if the Apparent Low Bidder is a Responsible Bidder using the answers to this questionnaire. The
Department will base its decision on whether the Bidder demonstrates adequate financial resources, production or service facilities,
personnel, service reputation, and experience to make satisfactory delivery of the construction described in the Invitation for Bids.
Except as described in Section 103.3, "Bidding Dispute Resolution Procedures," the Department will Award the Contract within
30 Days after the opening of Bids to the lowest Responsible Bidder. This Bidder may agree to a later Award time if requested to do
so by the Department.
Unless the Department determines to cancel the Invitation for Bids or to reject all Bids the Department will notify the lowest
Responsible Bidder in writing that its Bid has been accepted and that it has received preliminary Award of the Contract. The
Department will provide the Contract to be executed by the Contractor and returned to the Department.
103.3
BIDDING DISPUTE RESOLUTION PROCEDURES
103.3.1
Pre-Award
In the event of a Bidding dispute, the following procedure shall control the Award of the Contract
1.
103.3.2
1.
103.3.3
Divison tee
A Bidder disputing the Bidding or pre-award process must file a written protest with the Cabinet Secretary:
a. Disputes arising from the Department's pre-bid opening process and solicitation of Bids, including issues arising from
Invitation for Bids, Prequalification, irregularities with the Department's Bid Package, and irregular Bids must be
raised by written protest no later than seven (7) Days from the date of the Bid Opening;
Post-Award
A Bidder disputing the preliminary award process or Award of a Contract must file a written protest with the Cabinet
Secretary.
Disputes relating to the preliminary award or Award of a Contract or any Department decision regarding the issuing,
receiving, or opening of any Bid, or rejection or non-rejection of any Bid, must be brought within 12 Days of the date
of the preliminary award of Contract:
The written protest must include facts supporting the protest, any pertinent contractual provisions, law, rules or
regulations, and other legal authorities supporting the protest and a requested action;
c. Written protests filed prior to the Departments preliminary award of Contract may be deferred at the sole discretion
of the Department and not considered until the Department has preliminarily awarded the Contract;
Informal Hearing Procedures
Page 18
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Failure to file a timely protest shall constitute a waiver of the Bidders right to protest;
Service of the written protest shall be made only upon the Cabinet Secretary, with a copy contemporaneously transmitted
and separately served upon the Office of General Counsel for the Department, during the Department's regular Business
Hours by delivery in person, or by certified mail, postage prepaid, return receipt requested, or by delivery by a nationally
recognized overnight or same-day courier service that obtains receipts. Electronic communication (i.e. e-mail, facsimile)
shall not be considered. Service of a written protest made after the Department's regular Business Hours shall not be
effective until the next business Day. Copies of the protest shall be contemporaneously transmitted by the disputing
Bidder to every bidder when the protest is served upon the Cabinet Secretary and the Office of General Counsel; and,
Any Bidder, other than the disputing Bidder, that considers itself to be an interested party to the Bidding dispute may
submit a written response to the protest in advance of the informal hearing. The response shall include a statement of the
requested action, a rebuttal of any of the factual matters in the protest, facts supporting the response, and any contractual
provisions, laws, rules, or regulations, or other authority supporting the response.
When a timely protest is filed, the Cabinet Secretary will not proceed further with the Award until the dispute is resolved,
as detailed below, unless or until the Cabinet Secretary determines that the Award of the Contract is necessary to protect
the substantial interests of the public and the Department. The Cabinet Secretary retains the right to cancel the Award of
Contract or to reject all Bids and issue a new Invitation for Bids when it is in the best interest of the public and the
Department;
When a timely protest is filed, the Bids of both the Apparent Low Bidder and the next Apparent Low Bidder shall be
automatically extended an additional 15 Days. The Department will, subject to other provisions in the Specifications,
Award the Contract within 45 Days of the Bid Opening;
Within seven (7) Days of receiving a timely Bid protest, the Cabinet Secretary or the Cabinet Secretary's designated
informal hearing officer will cause to be delivered by mail, postage prepaid, or by facsimile copy or by email transmission
a letter notifying all parties to the grievance of the date, time and place to appear with all necessary material evidence for
an informal hearing in the Department's General Office or elsewhere as identified. Such letter shall include a copy of the
written protest. Whenever practicable the parties shall be afforded at least seven (7) Days notice of the scheduled
informal hearing. If an informal hearing officer is designated by the Cabinet Secretary, the designee shall not be a person
who made or approved the decision under review or a subordinate of such person during the past 12 months;
The informal hearing officer has absolute discretion in establishing the degree of formality for the informal hearing. The
formal rules of evidence or civil procedure do not apply to the informal hearing. While parties to an informal hearing may
call their own witnesses they are not afforded the opportunity to subpoena or cross-examine witnesses. Parties are
permitted to submit documentary evidence and written arguments at the informal hearing. Parties may supplement the
record or provide supplemental written arguments after the initial hearing date provided that such Materials are provided
to the informal hearing officer at least three (3) Days prior to the deadline to issue a determination letter. The presentation
of evidence and argument may be limited by the informal hearing officer. The informal hearing officer shall have the
authority to question any party or witness. The informal hearing officer may limit the time for oral argument; exclude the
participation or testimony of any person who becomes belligerent or unruly, or any representative who attempts to harass
any witness; and, refuse to hear testimony or argument if it is cumulative, not relevant or is immaterial to the issues. At
disposition, the informal hearing officer is not restricted to considering only those documents and testimony introduced at
the informal hearing but may consider evidence that is reliable, accurate, and competently obtained from either party.
When such information is obtained the hearing officer shall provide it to both parties and provide 24 hours for rebuttal
before the final decision. The informal hearing officer is responsible for maintaining a complete record of the informal
hearing including all evidence, transcripts of the hearing, and written arguments submitted by the parties. A complete
record of the testimony and argument at the informal hearing shall, whenever practicable, be either stenographically or
electronically recorded by a certified court reporter or monitor. Transcripts or recordings of the proceeding, if available,
may be supplied to any party at their own expense upon request to the court reporter or monitor;
Within seven (7) Days of the initial hearing date, the Cabinet Secretary or the Cabinet Secretary's designated informal
hearing officer will issue a determination letter stating the reasons for the action taken and informing the losing party of its
right, under NMSA 1978, § 13-1-183, to file an appeal in Santa Fe District Court within 30 Days of the issuance of the
adverse determination. The determination letter shall constitute the final Department decision or order;
The Award of the Contract to the lowest Responsible Bidder, based upon the Department's determination letter, shall be
conditioned upon the unsuccessful party not appealing, under NMSA 1978, § 13-1-183, to the Santa Fe District Court
within 30 Days of receiving the determination letter. The Award letter, if it is mailed within 45 Days of the Bid Opening,
shall bind the lowest Responsible Bidder to accept the Contract or to reject the Contract and forfeit the Bid Guaranty it has
provided;
If an appeal is filed pursuant to NMSA 1978. § 13-1-183, the Department may extend the date of the Award letter to a
later date as agreed upon by the Department and the lowest Responsible Bidder. When such an extension cannot be .
agreed upon or for any other reason, the Department may proceed with the Award to the lowest Responsible Bidder if the
Cabinet Secretary determines that the Award of the Contract is necessary to protect the substantial interests of the public
and the Department, or may cancel the Award of the Contract, or reject all Bids and issue a new Invitation for Bids when it
is in the best interest of the public and the Department;
If a Bidder successfully prevails on appeal, a Bidder is limited to one of two remedies arising from a Bidding dispute,
Award of the Contract or, if the Contract can no longer be practicably awarded to the Bidder or it is not in the best interest
of the public and the Department to Award the Contract to the Bidder, the Contractors reasonable, documented Bid
preparation costs; and,
Each party shall bear its own attorneys fees and costs.
103.4
Olvison 100
CANCELLATION OF AWARD
Page 19
2.0
The Department may cancel the Award of any Contract or reject all Bids and issue a new Invitation for Bids at any time prior to
the execution of the Contract by all parties without incurring liability where such cancellation is deemed by the Cabinet Secretary to
be in the best interests of the public and the Department. No Bidder has a contractual, equitable, implied, or any other right to the
Contract until executed by both parties.
103.5 RETURN OF BID GUARANTY
Immediately following the opening and checking of Bids, the Department will return all Bid Guaranties submitted in the form of
a check, except for those of the two lowest Bidders. The Department will return the Bid Guaranty of the unsuccessful of the two
lowest Bidders, if submitted in the form of a check, within ten (10) Days of the Contract Award. The Department will return the
retained Bid Guaranty of the successful Bidder, if in the form of a check, after the successful Bidder has furnished satisfactory
Contract bonds and the Contract has been executed. The Department will return Bid Guaranties in the form of Bid bonds only upon
the request of an unsuccessful Bidder.
103.6 REQUIREMENT OF CONTRACT BONDS
Retum the signed Contract with Contract Bonds. The value of each bond shall equal the Total Original Contract Amount. The
Department must approve the Surety and the form of the Contract Bonds.
All bonds shall be procured from Sureties with an A M. Best Company financial strength rating level of A- or better, Class VII or
better, unless otherwise approved in writing by the Department. In no event shall the Department approve the use of a Surety with
an A.M. Best Company financial strength rating level of B or worse.
103.7 EXECUTION AND APPROVAL OF CONTRACT
The successful Bidder shall sign and return the Contract and provide Contract Bonds and lists of all Subcontractors and
Suppliers within 15 Days of receiving the Contract. If the Department fails to execute the Contract within 30 Days of receiving the
signed Contract and Contract Bonds from the successful Bidder, the Bidder may withdraw the Bid without penalty. No Contract
shall be effective until it has been fully executed by the Department and the Contractor.
103.8 FAILURE TO EXECUTE CONTRACT
Failure by the successful Bidder to return the signed Contract and Contract Bonds within 15 Days of receiving the Contract
shall constitute just cause for cancellation of the Award and the forfeiture of the Bid Guaranty which shall become the property of the
Department, not as a penalty but as liquidation of reasonable damages sustained. The Department may then Award the Contract to
the Bidder with the next lowest Responsive Bid. reject all bids, reject all bids and issue a new Invitation for Bids or take other actions
as the Department may decide.
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SECTION 104: SCOPE OF WORK
104.1
INTENT OF THE CONTRACT
The intent of the Contract is to provide for the construction and completion in every manner and detail of the Work described in
accordance with the Plans, Specifications, and Contract terms except for Materials supplied by the Department in accordance with
Section 106.8, "Department-Provided Material?
Unless otherwise specified in the Contract, the Contractor is vested with the discretion and is wholly and solely responsible for
selecting and managing the means and methods for performing the Work including determining the suitability of Equipment,
experience of labor and staff, construction management and scheduling, production rates, Materials, and compliance with all
Federal, State and local laws and regulations.
The Contract is a final, complete and exclusive statement of the written and executed agreement of the parties. No
modifications, limitations, waivers or discharge of the Contract or any of its terms shall bind the Department unless made in a written
Change Order signed by the Project Manager. A course of performance or course of dealing on this Contract or any other contract
between the Department and a contractor shall not constitute a modification or waiver of the Contract and shall not give rise to any
Claim including any cause of action based upon promissory estoppel, estoppel, waiver, or detrimental reliance.
104.2
SIGNIFICANT CHANGES IN THE CHARACTER OF THE WORK
The Department reserves the right to make, in wilting, modifications in quantity and alterations to the Work. Such changes will
not invalidate the Contract nor release the Contractor's Surety, and the Contractor shall perform the Work as altered.
If modifying the quantities or altering the Work significantly changes the character of the Work, the Project Manager will make
an adjustment to the Contract which excludes additional profit. The Project Manager and the Contractor shall agree upon the
adjustment prior to the Contractor's performance of the Work. If an agreement Is not reached, the Project Manager will determine a
fair and equitable adjustment.
If the modifications or alterations do not significantly change the character of the Work, the Department will pay for the altered
Work in accordance with the Contract Bid Items.
"Significant change" applies only to modifications or alterations that:
3.
Materially change, in kind or nature, the character of the Work including the Critical Path; or,
Increase or decrease a Major Contract Item by twenty-five percent (25%). Adjusted compensation shall apply only to the
following:
For quantity in excess of one hundred twenty-five percent (125%) of the original Contract item quantity, or,
For the case of a decrease, below seventy five percent (75%) of the original Contract item quantity, the adjusted
compensation will apply to the total quantity placed.
Affect Work performed under a Department-approved subcontract. The Department will make adjustments if, prior to the
Work, the Contractor demonstrates that the change adversely affects the Subcontractor's Work or payment.
The Department shall not consider customary increases or decreases in quantities necessary to complete the Work changed
by the Contractors schedule of operations, his or her planning of the Work, or unscheduled mobilizations.
104.3
DIFFERING SITE CONDITIONS
The Contractor and the Project Manager shall provide each other with prompt written notice, not to exceed two (2) Working
Days, of the following conditions encountered on the Project during the progress of the Work:
Latent physical conditions differing materially from those shown in the Contract; or,
Unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized
as inherent in the Work.
The party providing notice shall do so before the conditions are disturbed or as soon thereafter as practicable and before the
affected Work continues. Pursuant to Section 108.3.2 "Schedule Format," the Contractor shall provide a revised schedule to the
Project Manager within seven (7) Days of the discovery or notice of a differing site condition; this timeframe may be extended in
writing by the Project Manager.
The Project Manager will decide, within a, two (2) Working Days, after written notification, whether the conditions materially
differ and cause an increase or decrease in the cost or time required to perform the Work. The Project Manager will notify the
Contractor of this decision.
The Project Manager will adjust the Contract for differing site conditions in accordance with Section 109.5, "Payment for
Changes, Differing Site Conditions, and Extra Work," and will include the costs of Delays but exclude anticipated profit in
accordance with Section 109.11, "Compensation for Claims." No Contract adjustment or additional compensation or time which
results in a benefit to the Contractor will be allowed if a differing site condition could have been discovered or anticipated by the
Contractor through the exercise of Pre-Bid Due Diligence.
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27.
The Contractor is not entitled to a Claim due to a differing site condition unless the Contractor has provided the required written
notice pursuant to Section 105.19, "Notice of Potential Claim."
If the Contractor or the Project Manager fails to provide prompt written notice which results in additional costs to the
Department which could have been mitigated, the Department shall adjust the Contract accordingly.
104.4 EXTRA WORK
The Contractor shall perform Extra Work at the Departments written direction and in accordance with the Specifications. The
Department shall pay for Extra Work in accordance with Section 104.2, "Significant Changes in the Character of Work" and Section
109.5, "Payment for Changes, Differing Site Conditions, and Extra Work."
104.5 MAINTENANCE OF TRAFFIC
The Contractor shall provide, erect, and maintain barricades, waming signs, flaggers and pilot cars in accordance with the
version of the MUTCD current at the time of letting and the Accepted vehicular and pedestrian traffic control plan and Division 700,
"Traffic Control Devices." The Contractor shall provide flaggers with proper training and Equipment in accordance with the MUTCD.
The Contractor shall keep flagging Equipment clean and in good repair. The Contractor shall keep the existing Roadway open with
a minimum of inconvenience to the traveling public or provide an approved alternate route.
The Contractors Equipment shall enter and leave the open Roadway in the direction of public traffic, except with the approval
of the Project Manager. The Contractor shall not endanger the traveling public when moving Equipment on or across the open
Roadway.
The Project Manager may direct the Contractor to maintain the pavement surface of open Traffic Lanes adjacent to the Work
zone within the limits of the Project traffic control. The Department will pay for this Work in accordance with Section 109.5,
"Payment For Changes, Differing Site Conditions, and Extra Work" and will either be negotiated or paid by Force Account.
The Department is responsible for snow removal on sections of Roadway open to the traveling public. The Project Manager
will coordinate snow removal with the Contractor and the maintenance patrol. The Contractor is responsible for snow removal on
sections of the Roadway not open to the traveling public, as necessary for protection of the Work. The Contractor shall furnish
warning devices, take protective and safety measures provided in this section, and complete Shoulder Work, drainage Structures, or
other features of the Work. If the Contractor fails to do so, the Project Manager will notify the Contractor in writing of the deficiency
and the Contractor shall take corrective action within the time frame specified by the Project Manager. If the Contractor does not
take corrective action in this period, the Project Manager may make corrections or terminate the Contract in accordance with
Section 108.9, "Default of Contract." The Contractor shall reimburse the Department for Department incurred costs of such
corrections plus an additional 10% for administrative costs.
The Contractor shall provide reasonable vehicular and pedestrian ingress and egress to adjoining properties during the
duration of the Contract. The Contractor shall advise and schedule access modifications with local business owners and residences
and the Project Manager at least 24 hours in advance.
The Contractor shall open partially completed sections of the Roadway to traffic under the following conditions:
At the Project Manager's direction;
As shown on the Plans: or,
3. If requested by the Contractor and approved by the Project Manager.
Such an opening shall not constitute a full or partial Acceptance of the Work or a waiver of any Contract provisions. The
Project Manager will provide written instructions stating any sections not shown on the Plans which are to be opened.
If the Project Manager directs the opening of a Roadway section because of an unforeseen need that is not the fault of the
Contractor, the Department will negotiate a Change Order for additional compensation or additional time, if any, qualifying under
Section 104.2, "Significant Changes in the Character of the Work."
If a Roadway section is opened at the request of the Contractor, the Contractor shall remain liable for the section until final
Acceptance of the Project and must repair, at its own expense, any resultant damage to the section except differing site conditions
which shall be paid as Extra Work under Section 104.2, "Significant Changes in the Character of the Work," and Section 109.5,
"Payment For Changes, Differing Site Conditions, and Extra Work."
104.6 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK
The Contractor may use stone, gravel, sand or other Material meeting Contract requirements and found in an excavation
required by the Contract. The Department will pay for the excavation at the Bid Item Unit Price for Excavation and will pay for the
pay item for which the Contractor uses the Material.
If the excavated Material would have been used to construct Embankments or Bridge approaches or for other purposes, any of
which would have been required to complete the Contract, the Contractor shall replace the excavated Material with Acceptable
Material at no additional cost to the Department. The Department will not charge the Contractor for the use of the excavated
Material. The Contractor shall obtain written authorization from the Project Manager before excavating Material that is within the
Right of Way but outside the grading limits, as shown by the slope and grade lines. Prior to granting approval, the Project Manager
Ohlson 100
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2.9)
will verify that the requirements of Section 107, "Legal Relations, Environmental Requirements, and Responsibility to the Public"
have been met. If not previously cleared environmentally, meeting these requirements will be the responsibility of the Contractor.
Unless otherwise provided, the Contractor may temporarily use the Material from existing Structures in the erection of a new
Structure but shall not, without the approval of the Project Manager, cut or otherwise damage such Materials.
104.7
FINAL CLEANUP
Before final Acceptance, the Contractor shall clean waste (including concrete and asphalt chunks, loose rock, excess
Materials, and temporary Structures) from the Roadway and pit sites and ground used in connection with the Work. Leave all parts
of the Work in an Acceptable condition. To avoid the requirement of removal of Equipment from private property before final
Acceptance, make appropriate arrangements with private property owners.
The Contractor shall re-vegetate Borrow Pits, haul Roads, and all occupied ground in accordance with Section 632, "Seeding"
and the Contract. Acceptance by the Project Manager of a letter of intent from the landowner for future use may exempt haul Roads
or other areas from this requirement.
The Contractor shall strip Borrow Pits and Surfacing Pits when indicated on the Plans and stockpile topsoil. After construction
operations are complete, place stockpiled Materials uniformly over the stripped area to form a seedbed for planting. The Contractor
shall spread stockpiled waste that is not covered by a land owner agreement over the stripped area prior to placing the topsoil.
Stripping, stockpiling, and replacement of topsoil and spreading of stockpiled waste shall be Incidental to completion of the Work
unless a Bid Item for them exists in the Bid.
The Contractor shall not allow Borrow Pits and Surfacing Pits to change the general pattern of existing drainage. Unless
Borrow Pits or Surfacing Pits are suitable to develop as ponds or lakes and the property owner has notified the Department in
writing that such development is planned, the Contractor shall where practicable leave all pits well drained.
The Contractor shall, when excavation is complete, contour grade pits, except quarry pits, to blend with the natural topography
of the surrounding area or in accordance with the Contract or agreements with the property owners.
Pits located on state or federal land are governed by the appropriate requirements of their agency. The above requirements do
not apply to a commercial source.
104.8
VALUE ENGINEERING COST PROPOSAL (VECP)
When the Total Original Contract Amount exceeds $100,000, the Contractor may submit a VECP which does not impair or
degrade any of the following:
Service life;
7.
Economy of operation;
Ease of maintenance;
Desired appearance;
Safety;
Environmental requirements; or,
Any other essential functions and characteristics of the Project.
The Contractor shall provide sufficient information, in writing, for a VECP to stand on its own merit and require minimal
verification as determined by the Department.
104.8.1
Content Requirements
The Contractor shall provide, at a minimum, the following information, in writing, in a VECP:
A statement identifying the submittal as a VECP;
A description of the Work to be performed under the Contract and under the VECP;
An engineering analysis including drawings, computations, and other documents necessary for an evaluation by the
Department;
A list of the Contract requirements that must be changed if the Department adopts the proposal and a recommended way
to make these changes;
A detailed estimate of the Contractor's cost to perform the Work under the existing Contract and under the proposal,
including the cost of developing and implementing the change;
A list of the pay items affected by the proposal and the resulting difference in quantities;
An assessment of the effects that the adoption of the proposal will have on other Department costs, including future
maintenance and operation;
A deadline, if any, for the Department to accept the proposal; and,
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ett
9. A statement of the effect that adoption of the proposal will have on the Contract Time and the schedule.
104.8.2 Procedural Requirements
The following requirements and procedures apply to VECP:
In order to expedite the processing of a VECP and to minimize costly studies by the Contractor and Department, the
Contractor may submit to the Department, on a Department form, a summary of the VECP. The Department will evaluate
the summary for merit and submit a recommendation to the Contractor. A favorable recommendation to the Contractor
shall not be construed as acceptance of all or any part of the submittal;
The Department will not accept a VECP if it is similar to a change in the Plans or Specifications the Department is
considering for the Project at the time the proposal is submitted or if the proposal is based upon or similar to the Standard
Specifications, Special Provisions, standard drawing serials, or procedures the Department adopted after the
Advertisement for the Contract;
The Department will execute a Change Order with the necessary Contract modifications if it accepts a VECP;
If the Department approves a VECP, only the Contractor who initially submitted the proposal will be eligible for payment in
accordance with Section 104.8, 'Value Engineering Cost Proposals (VECP)." In this case, the approved VECP will apply
only to those Contracts Mich were awarded to the Contractor before submission of the VECP and for which the proposal
was submitted;
The Department will deduct from the net savings the costs it incurs implementing the accepted VECP and the changes;
The Department will be the sole judge of the estimated net savings resulting from an approved VECP. In determining the
estimated net savings, the Department may disregard the Bid Item Unit Price if, in the Department's judgment, the prices
are not a fair measurement of the Work performed or deleted. The Department will also determine the net savings by
considering actual JMFs, shrink and swell factors and other actual design criteria used;
The Contractor's share of an approved VECP is 50% of the net savings;
The Contractor's share of 50% of the net savings shall be full compensation for effecting all changes pursuant to the
Change Order resulting from an approved VECP;
The Department will not pay for the actual costs of implementing an approved VECP if these costs exceed the Contract
amount originally committed;
When the District Engineer determines the actual net savings, the Department will execute a Change Order for a Lump
sum of the Contractor's share. The Project Manager may approve a schedule for Progress Payments of the Lump sum;
and,
11. In preparing a VECP, the Contractor shall perform an independent examination of the affected Work site. The
Department will rely exclusively upon the accuracy of the engineering data upon which the VECP is based and will not be
required to perform additional investigations. crosschecks, or site examinations. The Department's acceptance or
adoption of a VECP shall not be construed to alleviate or reduce the Contractor's full and absolute liability if the
implementation of the proposal fails to satisfactorily perform. Except as set forth in Section 109.10, "Project Closure," the
Contractor's liability will not extend beyond the Department's final written acceptance.
DINson 100
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SECTION 105: CONTROL OF WORK
105.1
RESPONSIBILITY AND AUTHORITY OF THE DEPARTMENT
105.1.1
The Department has the authority to:
5.
Manage the Contract;
Alter the Plans;
Modify the Contract by Change Order;
Supervise and terminate the Contract as expressly provided in other sections of the Standard Specifications; and,
Wholly or Partially Suspend the Work for cause, e.g., weather conditions, discovery of Cultural Resource, and utility
conflicts.
The Project Manager may also wholly or Partially Suspend the Work for reasons beyond the control of the Contractor or not
connected to the construction of the Project when the Project Manager deems such a suspension to be in the best interests of the
public and the Department. Failure by the Contractor to suspend Work immediately may result in the Contractor being in default of
Contract pursuant to Section 108.9, "Default of Contract." The Department will pay for Work caused by such a suspension pursuant
to Section 104.2, "Significant Changes in the Character of Work," and will adjust any Contract Time for such a suspension pursuant
to Section 108.6, "Determination and Extension of Contract Time."
105.1.2
Department Authority to Suspend Work
The Department has the authority to wholly or Partially Suspend the Work and to prepare and post a zero dollar ($0.00)
Progress Payment if the Contractor:
5.
Fails to correct unsafe conditions;
Fails to comply with any term or condition of the Contract;
Fails to observe and comply with any Federal or State law or regulation;
Fails to carry out directions of the Project Manager; or,
Fails to perform satisfactory Work.
Failure by the Contractor to suspend Work immediately may result in the Contractor being in default of Contract pursuant to
Section 108.9 "Default of Contract." The Contractor shall not receive additional compensation or time for these failures.
If, during the course of the Project the Contractors personnel are not performing satisfactory Work, the Project Manager may
order the Contractor to suspend operations until the Contractor corrects the problem, at no cost to the Department.
The Department's ability to withhold Progress Payments in part or in their entirety as part of a suspension as authorized by this
Section, supplements the Department's ability, pursuant to Section 109.8, "Progress Payments," until the Contractor complies with
the Contract.
105.1.3
Contractor Request for Suspension
The Contractor may request a suspension of the Work wholly or partially, but the Contractor shall not suspend the Work
without written approval from the Project Manager.
105.2
PLANS AND WORKING DRAWINGS
The Contractor shall perform the Work in accordance with the details shown on the Plans prepared by the Department and the
approved Working Drawings prepared and submitted by the Contractor. The Contractor shall have the sole responsibility for
verifying pertinent dimensions in the field before submitting such Working Drawings to the Department.
The Project Manager will review the Working Drawings although the Project Managers review does not relieve the Contractor
of the responsibility for the satisfactory completion of the Work. The Contractor shall obtain written approval of the Working
Drawings from the Project Manager before beginning Work covered by the drawings and shall not alter or amend such drawings
without the prior written approval of the Project Manager. The furnishing of all Working Drawings is Incidental.
105.3
COMPLIANCE WITH PLANS AND SPECIFICATIONS
The Contractor shall perform the Work and provide Materials in substantial compliance with the lines, grades, cross sections,
dimensions, and material requirements as specified by the Contract. If Work does not comply with the Contract, the Project
Manager may determine if the nonconforming Work is nonetheless Acceptable. If Accepted, the Project Manager will document the
basis of Acceptance by Change Order, and provide an adjustment in the Contract price for Work or Materials, as necessary. If the
Work or Materials do not comply with the Contract and the Project Manager determines they are unacceptable, the Contractor shall
remove, replace, and correct the Work or Materials at no additional cost to the Department.
The Contractor has an affirmative duty to perform all Work and provide Materials in compliance with the Contract. The
Department's failure to discover or reject Materials or Work not in accordance with the Contract during the progress of Work shall
not be considered an Acceptance of the Work or Materials, or a waiver of defects. The failure to properly perform inspections, tests
Divison 100
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or approvals by the Department shall not relieve the Contractor from its obligation to perform the Work and provide Materials in strict
conformance with the Contract.
105.4
COORDINATION OF CONTRACT DOCUMENTS
The following documents are essential parts of the Contract, and in their totality constitute the Contract, and are intended to be
complementary. In case of a discrepancy, the documents will govern in the following order of importance:
Addenda;
Required Documents for Bid Submittal;
9.
Notice to Contractors;
Invitation for Bids;
Special Provisions;
Plans other than Standard Drawings;
Supplemental Specifications;
Standard Specifications; and,
Standard Drawings.
Dimensions given on the Plans or that can be calculated govem over scaled dimensions.
If a Contract or plan discrepancy is discovered after the Award of the Project, the Contractor shall, upon discovery, promptly
notify in writing the Project Manager of errors or omissions in the Plans, contradictions within these documents or contradictions
between the Contract documents and the worksite. Unless otherwise directed by the Project Manager, the Project Manager will
resolve the discrepancy in writing before the Contractor proceeds further with performance of the affected Work.
The Project Manager and the Contractor may agree that the Contractor shall obtain drawings, modifications, or other
documents necessary to correct the error or omission. The Department will pay for this Work pursuant to Section 104.2, "Significant
Changes in the Character of the Work."
105.5
COOPERATION BY CONTRACTOR
The Contractor shall monitor the Work at all times, select and manage the means and methods for performing the Work,
facilitate the timely progress of the Work, and cooperate completely with Department personnel and other Contractors. Regardless
of the amount subcontracted, the Contractor shall have on the Project at all times during the course of the Work, a competent and
qualified Superintendent who:
5.
Reads and understands the Contract documents as listed in Section 105.4, "Coordination of Contract Documents;"
Possesses substantial experience in the type of Work being performed;
Possesses full authority to execute the orders of the Project Manager without delay and to promptly supply such
Materials, Equipment, tools, labor, and Incidentals as may be required by the Work;
Can be contacted at an office maintained by the Contractor on the jobsite or at a convenient location nearby; and,
Attends the pre-construction conference and other meetings associated with the Project as directed by the Project
Manager.
The Department will provide a Project Manager with an adequate staff and crew to keep pace with the Contractors progress
and will maintain an office at a convenient location.
The Contractor shall recognize the Project Manager as the Department's contact for all matters relating to the Project and
promptly submit all documentation or notice required by the Contract to the Project Manager.
105.6
COOPERATION WITH UTILITIES
The Contractor shall copy the Project Manager on all communications with affected utilities. For telephonic communications a
summary of the communication shall be provided to the Project Manager.
The Department will notify all utility companies, all pipeline owners, or other parties who may be affected by the proposed
construction and will endeavor to have all the necessary adjustments of utility fixtures, pipelines, and other appurtenances within or
adjacent to the limits of construction made before the Award of the Contract or as soon as practicable thereafter. The Contractor
will cooperate with all such relocations and adjustments performed by others during the course of the Contract.
The Contractor shall be responsible for complying with the provisions of NMSA 1978. § 62-14-1, et seq., during the
performance of the Work. Those duties include providing telephonic advance notice of the commencement, extent and duration of
the excavation work to the one-call notification system operating in the intended excavation area, notifying appropriate one-call
notification center or underground facility owner or operator of planned excavation in order to allow the location and marking of the
location of underground facilities, requesting owners or operators of underground facilities to reaffirm line locations every ten
working days after an initial request to locate, not moving or obliterating utility location markings, and immediately notifying the
owner of any underground facilities which may have been damaged or dislocated during the excavation work.
Davison 100
Page 26
Upon request, the Department will make available to the Contractor all information received from utility companies, pipeline
owners and other parties that the Department has notified concerning the proposed construction. This Department-furnished
information does not abrogate the Contractors responsibility for any further verifications and utility inquiries necessary to properly
address permanent and temporary utility appurtenances in the performance of the Work.
The following items which are to be relocated or adjusted will be moved by others at no expense to the Contractor unless
otherwise provided for in the Special Provisions or in the Plans:
11
Potable and non-potable waterlines;
Sanitary sewer or storm drain lines;
Electric or communication lines;
Gas or petroleum product lines;
Irrigation systems and appurtenances;
Pumping, generation, microwave, metering, and substation facilities;
Individual property service and metering connections;
Utility manholes;
Galleries, conduits, and cables;
Switching Equipment;
Valve boxes;
Highway, Street, or Road lighting; and,
Traffic Signals.
If the utilities or others fail to relocate or adjust utility items and the Contract does not impose the responsibility for the
relocation or adjustment on the Contractor, the Department may require the Contractor to effect the relocation or adjustment. The
relocation or adjustment will be covered by a Change Order, and the Contractor shall perform such Work under Force Account basis
in accordance with Section 104. "Scope of Work." and Section 109.5, "Payment for Changes, Differing Site Conditions, and Extra
Work."
Subject to compliance with Section 105.19 "Notice of Potential Claim," Section 105.20 "Administrative Remedy," and Section
108.3.2, "Schedule Format," the Contractor may receive additional time under Section 108.6 "Determination and Extension of
Contract Time," for delays caused by the failure of a utility owner or others to make a timely relocation or adjustment or for delays
caused by utilities not identified by the Contract.
Subject to compliance with Section 105.19 "Notice of Potential Claim," Section 105.20 "Administrative Remedy," and Section
108.3.2 "Schedule Format," the Contractor may receive compensation under Section 109.11 "Compensation for Claims," for the cost
of delays resulting from the failure of a utility owner or others to make a timely relocation or adjustment.
If public or private utility lines or pipelines or other appurtenances unknown to the Department and the Contractor are
encountered during the Work, the Contractor shall immediately suspend construction operations at the site of the utility in question
until the Department and the utility owner negotiate and complete the required relocation or adjustment; Work in other areas of the
Project shall continue.
The Contractor shall be responsible for resolving all problems resulting from the Contractor's failure to make inquiries or notify
all known utility companies, pipeline owners or other parties of any Work or conflicts. In this instance the Contractor shall not be
allowed adjustments for delays or extra expense.
105.7
COOPERATION BETWEEN CONTRACTORS
The Department reserves the right at any time to Contract for and have performed other Work on or near the Project. When
the Department anticipates multiple Contractors working within the same Project limits, the Bid documents will include sufficient
information to allow Bidders to reasonably estimate the impact of the concurrent Work. If the Department employs multiple
Contractors and conflicts occur which could not have been reasonably anticipated at the time of the Bid Openings, the Department
will allow an adjustment in the Contract Time and price in accordance with Section 108.3 "Schedule" and Section 109.6 "Force
Account".
The Contractor shall:
5.
()Mean 100
Plan, conduct and sequence the Contractor's Work without unnecessarily interfering with or hindering the progress of
other Contractors' Work;
Cooperate with Contractors working on the same or adjacent Project as directed;
Integrate the sequence of the Contractor's Work with the activities of other Contractors;
Arrange the Work and place and dispose of the Materials being used so as not to unreasonably interfere with the
operation of other Contractors; and.
Protect and hold harmless the Department for all damages or claims as per Section 107.19 "Responsibility for Third Party
Claims and Duty to Defend."
Page 27
If the Contractor and one or more other Contractors are unable to agree upon the sequence of Work or other matters, the
Contractor(s) shall petition the Project Manager in writing for a decision. The Project Manager will allow a reasonable time for all
parties to respond and, after reviewing the information received, will issue a decision binding on all parties within seven (7) Days of
receiving such information.
105.8
AUTHORITY AND DUTIES OF THE PROJECT MANAGER
105.8.1
Project Manager Authority
The Project Manager is a designee of the Cabinet Secretary with authority commensurate with that of the Secretary and has
the following responsibilities:
3.
105.8.2
Immediate charge of the details of the Project;
Administration and satisfactory completion of the Project; and,
Authority to reject unaccepted Work and Material.
Contractor Inquiries to Project Manager
The Contractor shall submit Project issues to the Project Manager who will resolve all questions regarding:
7.
The quality and Acceptance of Materials provided;
The quality and Acceptance of Work performed or planned;
Rate of progress of the Work;
Interpretation of the Contract;
Acceptable performance of the Contract requirements;
Administration of payments; and,
Other Contract inquiries.
The decision of the Project Manager will be in writing and delivered to the Contractors Superintendent as soon as reasonably
practicable.
105.9
DUTIES OF THE INSPECTOR
105.9.1
Inspector Authority
The Department authorizes its Inspectors to:
3.
Inspect the Work;
Inspect the preparation, fabrication or manufacture of Materials; and,
Reject Work or Materials not in conformance with the Contract until any issues can be referred to the Project Manager for
a decision.
The Contractor shall refer questions at issue to the Project Manager for a decision.
105.9.2
Inspector Authority Limitations
The Department does not authorize its Inspectors to:
Alter or waive any provision of the Contract;
Issue instructions contrary to the Contract;
Act as the foreman for the Contractor; or,
Suspend the Work, except for safety reasons.
105.10
INSPECTION OF WORK
The Contractor shall provide the Department with 48 hour notice for inspection of the Work. Failure by the Contractor to
provide the proper notice may result in the Department directing the Work performed without inspection to be removed at no cost to
the Department.
The Contractor shall provide the Department access to the Work and provide all information and assistance requested or
required to make a complete and detailed inspection of Materials and Work. All Materials and each part or detail of the Work shall
be subject to inspection by the Department. The Department shall be allowed access to all parts of the Work and shall be furnished
with such information and assistance by the Contractor as is required by the Department to make a complete and detailed
inspection.
Divison 100
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2D
The Project Manager may direct the Contractor to remove or uncover portions of the finished Work, at any time before final
Acceptance of the Work. The Contractor shall restore the portions of the Work to the standard required by the Contract after the
Project Managers examination. If the examined Work is Acceptable, the Department will pay for the removal and restoration as
Extra Work under Section 104, "Scope of Work," and Section 109.5, "Payment For Changes, Differing Site Conditions, and Extra
Work." However, if the examined Work is unacceptable, the Contractor shall remove and restore the Work at no additional cost to
the Department.
The absence or presence of a Department Inspector shall not relieve the Contractor from any responsibility under the Contract
for Acceptable Work in conformity with the Contract. The failure to properly perform inspections, tests or approvals by the
Department shall not relieve the Contractor from its obligation to perform the Work in strict conformance with the Contract.
When a unit of government, political subdivision, or a railroad corporation is to pay a portion of the cost of the Work covered by
the Contract, its representatives shall have the right to inspect the Work. This inspection shall not make the unit of government or
political subdivision or the railroad corporation a party to the Contract and shall not interfere with the rights of either party.
105.11
REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK
Work that does not conform to the requirements of the Contract shall be unacceptable, unless it is determined by the Project
Manager to be Acceptable under the provisions of Section 105.3, "Compliance With Plans and Specifications."
The Contractor shall remove unacceptable Work resulting from causes existing before the final Acceptance of the Work and
replace in an Acceptable manner. The Project Manager will set the time limit for the replacement Work.
The Contractor shall not perform Work before the Department establishes lines and grades. The Department shall not pay for
the following under the provisions of the Contract:
3.
Work performed contrary to the Project Manager's direction or as provided in the Contract;
Work performed beyond the lines and grades on the Plans; or,
Work performed without authority.
The Department may order the Contractor to remove or replace such Work, at no additional cost to the Department.
Upon failure of the Contractor to comply with the removal and replacement of unacceptable or unauthorized Work within the
time specified by the Project Manager, the Project Manager shall have authority to cause unacceptable Work to be remedied or
removed and replaced and unauthorized Work to be removed by others with the costs to be deducted from monies due or to
become due to the Contractor.
105.12
LOAD RESTRICTIONS
The Contractor shall observe legal load restrictions when hauling Equipment or Material on public Roads outside of the Project
or on Roadways within the Project. The Project Manager may approve exceptions, in writing, provided the Contractor has obtained
the proper oversize and overweight permits. The Contractor is liable for damage that may result from moving Equipment, even with
the issuance of a special permit.
The Contractor shall not use Equipment or haul loads that will cause damage to Structures, Roadway, or any other
construction, regardless of legal load allowances.
The Contractor may exceed legal loads on treated base under construction with approval from the Project Manager. The
Department will not allow loads over PCC construction before the minimum curing period has expired or specified strength is
obtained.
If the Project Manager determines that hauling operations are causing undue damage to existing Roadways or Structures, the
Project Manager will issue a written order to the Contractor to stop operations causing the damage in accordance with Section
105.17, "Contract Adustments for Suspention of Work." Within seventy two (72) hours of the notice, the Project Manager will
decide on one or more of the following solutions:
3.
105.13
Change the haul route;
Reduce the allowable load limit; and,
Allow the operations to continue with the requirement that the Contractor repair all damaged areas at 1/2 Unit Bid prices.
HAUL ROADS
If the Contract establishes Material sources and haul Roads and the Contractor elects to use others, the Department will not
pay the Contractor for corrective actions required to repair damage to existing Roadway and Structures resulting from the
Contractor's sources and hauling operations.
If the Contract specifies that the Contractor use established Material sources and haul Roads the Department will determine
what preservation or restoration of the existing Roadway or Structures is necessary, payment shall be made pursuant to Section
105.13.1, "Corrective Actions and Methods of Payment."
['Mean 100
Page 29
30
If the Contractor's own Material sources are used but transported on some Contract-specified haul Roads, and the Department
determines that preservation or restoration of the existing Roadway or Structures is necessary, the corrective action and method of
payment will be as follows:
The Contractor shall repair haul Roads not established by the Contract at no additional cost to the Department; and,
The Department will pay for repairs to Contract-established haul Roads in accordance with Section 105.13.1, "Corrective
Actions and Methods of Payment."
The Project Manager will determine the extent of the corrective action.
105.13.1 Corrective Actions and Methods of Payment
105.13.1.1 Change in Haul Route
If the Project Manager changes the haul route, the Department will modify the Contractors payment per the following equation
P = Rx x (d1 — do)
Where
R
is the payment modification (in dollars)
is the rate (in dollars per ton mile determined in accordance with Section 109, "Measurement and Payment?)
is the weight of Material hauled from the new stockpile area (in tons)
do
is the original haul distance measured from the Roadway access point to the original stockpile area
dlis the new haul distance measured from the Roadway access point to the new stockpile area
105.13.1.2 Change In Allowable Load Limit
If the Project Manager reduces the allowable load limit, the Department will pay the Contractor in accordance with the following
equation:
P_
QF xRxdx(LA—LR)
LA
Where
R
QF
LA
LR
is the additional payment (in dollars)
is the rate (in dollars per ton mile determined in accordance with Section 109, "Measurement and Payment?)
is the total quantity of Material hauled at the reduced load limit (in tons)
is the allowable load limit (in tons)
is the reduced load limit (in tons)
is the haul distance (in miles)
If the Project Manager allows operations to continue, the Department will pay the Contractor for the Material used to make the
repairs at the Bid Item Unit Price, or in accordance with Section 109, "Measurement and Payment." If an item is not part of the
Contract. the Department will negotiate a new unit price. If a Structure or existing Roadway must be repaired, the Department may
pay the Contractor for hauling repair Materials using a rate requested and justified by the Contractor and approved by the Project
Manager.
105.14 RESERVED
105.15 MAINTENANCE DURING CONSTRUCTION
The Contractor shall maintain the Work during construction and until the Department Accepts the Work, except as otherwise
provided in Section 104.5, "Maintenance of Traffic," and Section 105.18, "Acceptance." This maintenance shall consist of
continuous, daily Work with adequate Equipment and forces so that the Roadway and Structures are kept in satisfactory condition.
The Contractor shall be responsible for maintaining the Project free and clear of Deleterious Materials including debris, weather
related remnants, snow, loose Materials and trash. The Department shall be responsible for snow removal operations on travel
lanes open and utilized by the public.
In the case of a Contract for placing a course on a previously constructed course or Subgrade, the Contractor shall maintain
the previous course or Subgrade during all construction operations, including when the Plan requires the Contractor to place traffic
on the unfinished Roadway.
[Wilson 100
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31
All maintenance Work during construction and before the Project is Accepted shall be Incidental. The Department shall not
pay the Contractor an additional amount for this Work except in accordance with Section 104.5, "Maintenance of Traffic," and
Section 105.18, "Acceptance."
105.16
FAILURE TO MAINTAIN ROADWAY OR STRUCTURE
If the Contractor fails to maintain the Project in accordance with Section 105.15, "Maintenance During Construction," the
Project Manager shall notify the Contractor in writing of the failure. If the Contractor does not begin maintenance after such notice,
the Project Manager may begin maintenance of the Project. If the Contractor does not take corrective action in this period, the
Project Manager may make corrections or terminate the Contract in accordance with Section 108.9, "Default of Contract." For
corrective actions implemented by the Project Manger the Contractor shall reimburse the Department for Department incurred costs
of such maintenance plus an additional 10% for administrative costs.
105.17
CONTRACT ADJUSTMENT FOR SUSPENSION OF WORK
If the Work is suspended by the Project Manager in writing pursuant to Section 105.1.2, "Department Authority to Suspend
Work" for an unreasonable time (not originally anticipated, customary, or inherent to the construction industry), the Contractor may
submit to the Project Manager a Notice of Intent to Claim in accordance with Section 105.19, "Notice of Potential Claim" which must
be accompanied by a proposed revised schedule pursuant to Section 108.3.2 "Schedule Format."
Upon receipt, the Project Manager will evaluate the Contractor's request. If the Project Manager agrees that the cost and time
required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by
conditions beyond the control of and not the fault of the Contractor, its Suppliers, or Subcontractors at any approved tier, and not
caused by weather conditions, the Project Manager will make an adjustment in accordance with Section 109.11 "Compensation for
Claims" and modify the Contract in writing accordingly. The Project Manager will notify the Contractor of the decision.
The Department will not make a Contract adjustment under this clause if the Contract performance would have been
suspended or delayed by any other cause. The Department will not make a Contract adjustment under this clause tf a Contract
adjustment is provided or excluded under any other term or condition of this Contract.
105.18
ACCEPTANCE
105.18.1 Partial Acceptance
The Contractor may request that the Project Manager inspect a portion of the Project (e.g., a Structure, a section of Road, etc.)
at any time during the Work. If the Project Manager finds that portion to be in accordance with the Contract, the Project Manager
may Accept that portion as complete, and, without waiving the provisions in Section 105.3, "Compliance with Plans and
Specifications," and Section 109.10, "Project Closure" the Contractor may be relieved of further responsibility for that portion unless
the Department discovers latent defects before final Acceptance of the Work. Such partial Acceptance does not void or alter the
Contract.
The Department will Accept permanent traffic safety and control devices installed in accordance with the Contract ( wi th all
ancillary components) and being used by the public upon installation but before Completion of the remaining Work.
Permanently installed items Accepted on this basis are limited to the following:
Guardrail;
Impact attenuators;
Traffic Signals;
Signs;
Lighting;
Raised pavement markers;
CWB;
Concrete Bridge parapet;
Bridge railing;
Guard cable;
Guardrail anchorages;
Permanent pavement markings; and
13. Fence.
All required performance tests and guarantees shall remain applicable.
The Department or the Contractor will repair or replace any damage, theft, or vandalism to these items after Acceptance in
accordance with Section 104.4, "Extra Work." If the damage to an item requires only partial repair or replacement and the
Contractor performs the Work, the Department will pay the Contractor in accordance with Section 109.4, "Compensation for Overrun
/ Underrun Quantities." The Contractor shall repair or replace items damaged due to the Contractor's negligence, at no additional
cost to the Department.
Divison 100
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(52
The Contractor shall erect these items in a logical construction sequence. The Department shall not Accept prematurely
constructed items until they may be used for their intended purposes.
105.19 NOTICE OF POTENTIAL CLAIM
The Contractor shall only make Claims in accordance with the Contract pursuant to the exclusive administrative remedy
and procedures set forth in this Section and Section 105.20, "Administrative Remedy."
The Contractor shall not be entitled to pursue a Claim if the Project Manager determines the Work ordered is Extra Work
in which case payment shall be made in accordance with Section 109.5, Payment For Changes, Differing Site
Conditions, and Extra Work."
The Contractor shall promptly notify the Project Manager in writing of the intent to make a Claim and shall provide a
contemporaneous statement of estimated damages or delay before beginning the Work on which the Claim is based, but,
in no event shall notice be given later than seven (7) Days of the Contractor discovering the condition or issue giving rise
to the Claim, or within seven (7) Days of receipt of a notice of a differing site condition from the Project Manager, or in the
case of termination of Contract under Section 108.10, "Termination of Contract; No Fault of Contractor" within 30 Days of
the effective termination date. A notice of intent to Claim shall include, when relevant to the intended Claim (e.g., when
the Contractor intends to seek a Contract adjustment for time, Delay damages, or reduction in Liquidated Damages, etc.),
a revised schedule pursuant to Section 108.3.2, "Schedule Format"; failure to include a revised schedule shall render the
notice of intent to Claim incomplete.
Such notice of intent to Claim shall be given in order that the Department can assess the situation, make an initial
determination as to the causes of the potential Claim, institute appropriate changes or procedures to resolve the matter, to
document issues related to the potential Claim, to track costs and possible Delay, and facilitate resolution of the potential
Claim. The failure of the Contractor to provide timely written notice of intent to make a Claim and a contemporaneous
statement of estimated damages or Delay shall constitute a waiver or abandonment of the Claim. The Contractor waives
the right to assert a Claim if the Contractor fails to provide proper and complete notice of intent to Claim.
The Contractor shall provide the Project Manager proper facilities to keep account of the actual cost of a Claim; the
Contractor waives the right to assert a Claim if the Project Manager is not afforded proper facilities to keep account of
actual cost. The Project Manager may, in the Project Manager's discretion, in writing, waive the requirement regarding
the furnishing of proper facilities to keep account of actual cost upon a showing of adequate justification by the Contractor.
This Section and the deadlines stated herein do not modify any of the deadlines for submitting revised schedules as
provided in Section 108.3, "Schedule."
7. Neither proper Notice by the Contractor nor the Project Manager's accounts of the cost shall be construed to prove or
validate the Claim or be construed as an admission of liability.
105.20 ADMINISTRATIVE REMEDY
Once the Contractor has provided timely and proper notice of intent to make a Claim pursuant to Section 105.19, "Notice of
Potential Claim" the entire and complete administrative remedy and procedure to resolve all contractual disputes is provided by this
Section.
The complete administrative remedy is sequential in nature, exclusive, and consists of the following steps:
Step I.
Step II.
Step III.
Step IV
Step V.
Step VI.
Notice of Intent to Claim;
Submittal of the Claim to the Project Manager;
District Level review and decision;
Service of Request for Reconsideration of Claim to Secretary;
Secretary's review, which may include referral to Claims Board for an informal hearing, and Secretary's
decision;
Service of Request for Arbitration or Service of Summons and Complaint in State District Court.
No contractual dispute or Claim shall be accorded any level of review unless the dispute has been properly submitted,
reviewed and decided at the preceding level and the Contractor rejects the decision by providing the requisite notices and submittals
in writing to the proper Department officials or employees within the time periods proscribed in this Section and Section 105.19,
"Notice of Potential Claim."
The complete terms of a resolved Claim, regardless of the level of the administrative remedy, shall be documented and
memorialized via a Change Order executed by the Contractor and the Department. The executed Change Order shall represent a
final agreement to the total amount and time due for any and all Work and items pertaining to the Work associated with the Change
Order. Unless otherwise provided, in writing, in the executed Change Order, the executed Change Order shall operate as an accord
and satisfaction of the Claim and shall operate as a bar to any further Claim by the Contractor.
The Department shall dismiss a Contractors Claim for failure to comply with the time limitations, requirements and procedures
set forth in this Section and Section 105.19, "Notice of Potential Claim."
Each party shall bear its own attomeys' fees, costs, and expert fees
105.20.1 District Level
[Pelson 100
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55
The Contractor shall submit the Claim in writing to the Project Manager and include justification for the Claim and the total
amount requested within 30 Days of the date that the Work associated with the Claim has been completed but, in no event later
than within 30 Days of receipt of the Departments proposed final payment statement (estimate) pursuant Section 109.10 "Project
Closure". The Contractor may submit a Claim only once. Once a Claim is submitted to the Project Manager, nothing in this section
shall be construed as permitting the Contractor to revive, modify, supplement, enlarge, or amend the Claim other than providing
additional documents and information in support of the Claim. The Contractor shall be prohibited from amending either the bases of
entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractors written Claim
submitted hereunder, and all further proceedings shall be limited solely to the bases of entitlement and the amount of any
compensation or time stated for any and all issues claimed in the Contractors written claim submitted hereunder. This shall not.
however, preclude a Contractor from withdrawing or reducing any of the bases of entitlement and the amount of any compensation
or time stated for any and all issues claimed in the Contractors written claim submitted hereunder at any time.
1. The Contractor has the burden of fully justifying and documenting the Claim and shall provide to the Project Manager the
following supporting documentation and information in support of the Claim:
Description of the issue upon which the Claim is based;
Location where the issue arose;
Time and date the issue was identified and the dates impacted;
Clear explanation of why the issue requires additional compensation or time or a change to the Contract, including
references to the relevant portions of the Contract;
Copies of all written communications including correspondence and emails related to the issue;
A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as
follows: documented additional job site labor expenses; documented additional cost of Materials and supplies; a list
of additional Equipment costs claimed, including each piece of Equipment and the Blue Book rental rate claimed for
each; any other additional direct costs or damages and the documents in support thereof; any additional indirect
costs or damages and all documentation in support thereof;
Where a Claim seeks additional time, time and compensation for Delay, adjustment of Contract Time, or the
reduction or elimination of liquidated damages, previously submitted Baseline Schedule and revised schedules that
comply with the requirements of Section 108.3, "Schedule";
Invoices identifying the labor, Materials, and Equipment used or proposed to be used;
Financial Statements. If the amount claimed by the Contractor exceeds $100,000.00, or if requested by the Project
Manager, job cost reports and financial statements for the time periods relevant to the Contract and the performance
of the Work. The Contractor shall make the Contractor's documents available for inspection by the Project Manager
at the Contractor's project office. The Project Manager may waive this requirement;
Bid Documents. If the amount claimed by the Contractor exceeds $100,000.00, or if requested by the Project
Manager, the Contractor shall make the Contractor's documents available for inspection by the Project Manager at
the Contractors project office information and calculations used to prepare and determine its bid for the Contract
prior to submission of the Bid. The required bid preparation documents, as maintained by the Contractor, to be
produced shall include: clear itemization of the costs for each pay item broken down into components sufficient to
allow a detailed cost estimate; the costs allocated to each component broken down into the Contractor's usual
estimate categories such as direct labor, Equipment, Materials, and Subcontractor cost; indirect costs, including the
indirect cost allocations made to each bid item; quantity takeoffs; the construction and progress schedule and any
conceptual schedules upon which the Bid was based; rates of production and progress; marked up plans, sheets
and working drawings ; calculations, copies and quotes from Subcontractors and Suppliers; memoranda, narratives,
and all other information used by the Contractor to arrive at all of the prices contained in the Bid.. The Project
Manager may waive this requirement;
k. Total amount of Claim in terms of time and compensation; and,
I.
The failure of the Contractor to provide the Project Manager all required supporting documentation and information
shall constitute a waiver or abandonment of the Claim and a failure to exhaust its administrative remedy. The Project
Manager retains the right to request additional information and documents from the Contractor to support the Claim.
The Contractor shall provide such additional information and documents.
2. Subcontractor Claims shall not be considered, except when timely submitted and certified by the Contractor as the
Contractors Claim.
3. The District Engineer or designee has 30 Days from the date the Claim is received by the Project Manager, or additional
time if agreed upon by both parties in writing, to review and render a decision. If the District Engineer or designee does
not make a written decision within the 30 Days, or the agreed upon time, the Claim is deemed denied by the District
Engineer. The parties may engage in informal mediation to resolve the Claim at the District level prior to the expiration of
the time in which the District Engineer or its designee may render a decision.
105.20.2 Secretary Level
Within ten (10) Days of the District Engineer's or designee's denial of its Claim or a written notice that the attempted mediation
of its Claim was unsuccessful, the Contractor may serve a written request upon the Cabinet Secretary to reconsider the Claim.
Service shall not be considered effective unless the request includes all supporting documentation provided at the District Level and,
when applicable, a copy of the District Engineers written denial of the Claim. The Cabinet Secretary will provide a written decision
on the request or will refer the Claim to the Department's Claims Board within 21 Days of service of the request for reconsideration;
this deadline may be extended in writing by the Cabinet Secretary. Failure to timely serve a written request to reconsider the Claim
constitutes acceptance of the District Engineers decision and a waiver and relinquishment of the Claim. If the Contractor does not
Divison 100
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54
timely serve a written request to reconsider the Claim, the Department may, within 30 Days of the District Engineer's decision,
execute a unilateral Change Order implementing the District Engineers decision.
Service of Process at the Secretary Level. Service of all notices and required documentation and information at the
Secretary Level shall be made upon the Cabinet Secretary with a copy contemporaneously transmitted to both the
District Engineer and the Department's Office of General Counsel. Service upon the Cabinet Secretary shall be made
during the Department's regular Business Hours by delivery in person, or by certified mail, postage prepaid, return receipt
requested, or by delivery by a nationally recognized overnight or same-day courier service that obtains receipts. The copy
contemporaneously transmitted to the Office of General Counsel may be served by the means for serving the Cabinet
Secretary or. with prior written agreement of the Office of General Counsel, by facsimile copy or by email transmission.
Service of notice or documents made after the Department's regular Business Hours shall not be effective until the next
business Day. Service upon the District Engineer may be made by the means for serving the Cabinet Secretary or by
facsimile copy or by email transmission and need not include the documentation previously submitted at the District level.
Certification of Claim. The written request to reconsider the Claim shall include a notarized statement from an authorized
representative or agent of the Contractor certifying: "under penalty of perjury, I have actual knowledge of the truth and
accuracy of the Claim and the supporting information and records; the Claim and submittals are true and correct; the
Claim made for Work on this Contract is true and is made in good faith to the best of my personal knowledge; and, the
Claim and the remedies sought are supported by the terms of the Contract." Where a Claim is a Subcontractor passthrough Claim, the certification shall further include: "the Contractor certifies that the Claim being passed through to the
Department is passed through in good faith, has been independently verified by the Contractor, and is accurate and
complete to the best of my knowledge and belief."
Claims Board. If the Claim is referred to a Claims Board, an informal dispute resolution board, by the Cabinet Secretary,
the Secretary shall appoint three independent panelists with relevant experience in highway and transportation design,
construction management, engineering, surveying, construction contract administration, construction oversight work, or
law. The Claims Board shall not include any current employees of the Department or the Contractor. The Claims Board
shall apply the Contract to the Claim and shall conduct an informal hearing in order to facilitate the expeditious and
informal resolution of the Claim. Attomeys representing the parties are permitted to attend the informal hearing; however,
attomeys shall not participate in the informal hearing unless the Claims Board specifically addresses an issue to them or
unless agreed to by both parties. Notification shall be provided by both parties a minimum of five (5) Days prior to the
hearing if legal representation will be attending the hearing. The Claims Board shall issue a final, written recommendation
to the Cabinet Secretary to resolve the Claim.
Secretary Decision. If the Claim is referred to the Departments Claims Board, the Cabinet Secretary will provide a written
decision within 21 Days of the Secretary's receipt of a final, written recommendation on the Claim from the Claims Board;
If the Cabinet Secretary does not provide a written decision within 21 Days, unless extended by the Secretary in writing
prior to expiration of time to issue a decision, the Claims Boards recommendations shall be deemed to have been
adopted by the Cabinet Secretary and shall operate as the Secretary's decision.
Payment. Contractor is only entitled to payment of its Claim pursuant to the Cabinet Secretary's decision if Contractor
fully accepts the decision and executes an accompanying Change Order. If the Contractor fails to execute a Change
Order within 21 Days of the Cabinet Secretary's decision, the Department may process a unilateral Change Order
implementing the Cabinet Secretary's decision. The Contractor's proceeding with litigation in State District Court or
arbitration shall operate as a waiver by the Contractor to recover or receive payment pursuant to the Cabinet Secretary's
decision.
Additional Information, The Secretary retains the right to request additional information from the Contractor to support the
Claim including information as is provided by Section 105.20.1, "District Level" (i) and (j), regardless of the Project
Managers previous waiver of those subsections.
105.20.3 Arbitration
The Contractor and Department may agree to arbitrate the Claim instead of proceeding to litigation in State District Court.
Arbitration may only be had at the mutual agreement of the Contractor and the Department. Arbitration shall be
conducted in accordance with the New Mexico Uniform Arbitration Act (NMSA 1978. § 44-7A-1, et seq.) and this Section.
The Contractor may, within ten (10) Days of the issuance of the Cabinet Secretary's decision pursuant to Section
105.20.2, "Secretary Level," serve upon the Department a written request that the Claim be submitted to arbitration.
Service of the request to arbitrate the Claim by the Contractor shall be made pursuant to Section 105.20.2, "Secretary
Level: If either the Contractor or the Department fails to provide written notice agreeing to arbitrate the Claim within ten
(10) Days of the request, the request shall be deemed denied. By the parties electing arbitration, the Contractor waives
the right to redress through litigation filed in State District Court. The Contractor's proceeding with arbitration shall
operate as a waiver by the Contractor of recovery under any written decision issued by the Cabinet Secretary. Denial of a
request, or failure to agree, to arbitrate a Claim by any party does not modify any of the deadlines contained in this
Section.
If the Contractor and Department agree to arbitrate the Claim the arbitration panel shall consist of three (3) members.
Within 15 Days of the agreement to arbitrate the Claim, the Contractor shall submit the name of a panelist. The
Contractor's panelist shall:
Not be an employee of the Contractor,
Have 15 years experience in Highway construction management, methods, techniques, or law; or have an active
professional license with the state of New Mexico as an Engineer, Surveyor or Attorney with ten (10) years
experience in Highway construction management, methods, techniques, or law,
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Be either a resident of the state of New Mexico or identify New Mexico as the panelist's principal place of business;
and,
Agree to serve on the panel;
5.
6.
Within 15 Days of receiving notice of the Contractor's panelist, the Cabinet Secretary shall submit the name of a panelist.
The Cabinet Secretary's panelist shall:
Not be an employee of the Department;
Have 15 years experience in Highway construction management, methods, techniques, or law; or have an active
professional license with the state of New Mexico as an Engineer, Surveyor or Attorney with ten (10) years
experience in Highway construction management, methods, techniques, or law
Be either a resident of the state of New Mexico or identify New Mexico as the panelists principal place of business;
and,
Agree to serve on the panel;
Within 30 Days after the Cabinet Secretary panel appointment, the two (2) panelists will choose a third panelist. The third
panelist shall:
Be a professional arbitrator who is a member or diplomat of a nationally recognized professional arbitration
organization, such as the National Academy of Arbitrators or the American Arbitration Association; or is a retired
federal or New Mexico district or appellate judge; or be a former employee of FHWA;
Not be an employee or a contractor of either the Department or the Contractor; and
c. Agree to serve on the panel;
If the two (2) panelists are unable to agree, a district judge from the First Judicial District shall choose the third panelist
from a list of four (4) prospective panelists who meet the requirements of the preceding paragraph, two (2) each provided
by the Department and the Contractor. Application to the court for this appointment shall be made by either or both
parties within 15 Days of the impasse; the parties may agree in writing to extend this deadline.
The panel shall hold the arbitration hearing in Santa Fe County, unless otherwise approved by the Department, no later
than 90 Days after the panel is selected. If the panel fails to meet this deadline or if the parties agree to extend the
deadline, the panel retains jurisdiction to hear and resolve the issues in dispute.
Each party will pay the expenses and fees of its chosen panelist and attomey. Both parties will share equally the
expenses and fees of the third panelist. If both parties agree, they will share court reporter costs. If not, the party
requesting the transcription will pay the full cost.
The proceedings and the decision of the panel will be in accordance with the New Mexico Uniform Arbitration Act, NMSA
1978, § 44-7A-1 et seq. The decision is final and binding and may be vacated, confirmed, or appealed only in accordance
with the New Mexico Uniform Arbitration Act (NMSA 1978, § 44-7A-1 et seq.).
105.20.4 Litigation
If the Contractor does not fully accept the Cabinet Secretary's decision and the Contractor and the Department do not agree to
arbitrate the Claim, the Contractor may, within 45 Days of the issuance of the Secretary's decision, proceed' with litigation in State
District Court by filing a summons and complaint. The Contractor shall properly serve the summons and complaint within 30 Days
of the fling of the Complaint in State District Court. The Contractor shall, however, exhaust the mandatory mediation procedures of
the New Mexico Public Works Mediation Act (NMSA 1978, § 13-4c-1, et seq.) before seeking judicial relief in State District Court.
The Contractor shall provide no less than seven (7) Days notice of the convening of a mediation session. Service of notice of a
mediation session shall be made upon both the Cabinet Secretary and the Office of General Counsel and shall otherwise comply
with the New Mexico Public Works Mediation Act. Failure to timely notice and convene a mediation session and to timely file and
serve a summons and complaint shall operate as a waiver and abandonment of Contractors Claim, shall act as an acceptance of
the Cabinet Secretary's decision, and shall bar the Contractor from proceeding to litigate the Claim. Upon expiration of the time in
which to mediate and file a summons and complaint, or if a summons and complaint has been filed the expiration of the time in
which to properly serve the summons and complaint, the Department may process a unilateral Change Order implementing the
Cabinet Secretary's decision based on the Contractor's abandonment or waiver of its Claim.
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SECTION 106: CONTROL OF MATERIALS
106.1
CONTRACTOR-FURNISHED AGGREGATE AND BORROW SOURCES
The Department may reject Material sources, or specific areas within sources as identified in the Bid Package.
The Contractor shall provide Acceptable Materials and shall notify the Project Manager of the Material source prior to delivery
to the Project. The Project Manager may approve Materials at the source prior to delivery. The Department may reject sources, or
specific areas within sources, due to failure to provide Acceptable Materials or due to environmental, social, or cultural concerns. If
the Project Manager determines that the sources of previously approved Materials do not produce Acceptable Materials, the
Contractor shall provide Acceptable Materials from other sources, or make changes to the existing source to provide Acceptable
Materials. No additional compensation or time shall be provided to the Contractor for unacceptable Materials or for developing
alternate source locations.
If the Department does not list rejected sources in the Bid Package and then rejects a source, or an area within a source, on
which the Contractor relied to prepare its Bid on the Project, the requirements of Section 104.2, "Significant Changes in the
Character of the Work," shall apply.
Exploration and development of Material sources by the Contractor including related GRT and Tribal Taxes shall be Incidental.
Requests for approval of sources of Material are subject to environmental acceptability requirements. The Contractor shall
submit Environmental Resource studies and Cultural Resource studies to the Project Manager and to the Environmental Program
Manager.
Environmental acceptability requirements do not apply to Commercial Material Sources, but do apply to Materials within a
Commercial Material Source that the Contractor obtains with its own forces or forces belonging to its Subcontractor.
If the Contractor purchases Material from a Material source established for another Project by another Contractor working
under Contract to the Department, and if the Material source must be expanded beyond the area where environmental and Cultural
Resource approvals have previously been obtained pursuant to Section 107.14.1, "Environmental and Cultural Resource Studies
and Approvals," then the requirements for environmental acceptability shall apply to the additional area and requirements of Section
107.14.1, "Environmental and Cultural Resource Studies and Approvals" must be completed by the Contractor.
Prior to delivery of Materials to the Project from an aggregate or borrow source, the Contractor shall provide the following
documentation to the Project Manager:
5.
Location of source;
Copies of lease agreements, purchase orders, or Pit Agreements the Contractor has made with the pit owner or Supplier;
Evidence of environmental acceptability, which includes completing the environmental and Cultural Resource
requirements of Section 107.14.1, "Environmental and Cultural Resource Studies and Approvals." Such evidence shall,
where appropriate, also include completing the environmental and Cultural Resource management recommendations;
Plans for restoration, including contouring and re-vegetation if necessary; and,
Testing results from a Department-approved Laboratory.
No Material shall be delivered to the Project until the Project Manager notifies the Contractor in writing that the Materials source
is Acceptable for use.
106.2
SUPPLIER PLANT INSPECTION
The Department may inspect Materials at the Suppliers plant. In this event, the Contractor shall:
Cooperate and ensure the cooperation of its Materials Supplier;
Guarantee unrestricted entry (at reasonable times) to areas where the relevant Material is being manufactured or
produced;
Arrange for the necessary facilities to be adequately inspected for the production or fabrication of the Material; and,
Ensure adequate safety measures are implemented for the inspection.
The Department may retest Materials, before or during use in the Work, and reject Materials that, when retested, do not meet
the requirements of the Contract, even if the Materials were tested and Accepted at the plant.
106.3
SAMPLES, TESTS, AND CITED SPECIFICATIONS
The Contractor shall not incorporate into the Work unacceptable or unapproved Materials. The Project Manager may direct
the Contractor to remove unapproved or unacceptable Materials at no additional cost to the Department.
The Department will perform tests in accordance with standards, methods, or Specifications, current on the Advertisement
date. Unless otherwise specified, the Department will take samples and perform tests at its own expense. The Department will
provide test results to the Contractor.
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CERTIFICATES OF COMPLIANCE
The Contractor shall submit Certificates of Compliance to the Project Manager before incorporating Material in the Work, and
shall ensure each Certificate of Compliance contains the following information:
The Control Number;
The name of the Contractor;
The date;
The specification satisfied;
An item number (if applicable);
A description of the item supplied;
The quantity;
The shipment number
The heat number, lot number, or batch number (depending on the type of Material);
The seal number (if applicable);
The manufacturer of Material;
The printed name, signature, and job title of the company official who certified the document;
Written verification that the described Material is in accordance with the Contract;
Written verification that MTRs, manufacturers' Certificates of Compliance, and other relevant documents are available to
the Department; and,
15. Written verification that manufacturing processes associated with the production of steel and iron Materials are in
accordance with Section 106./2, "Preference for Domestic Materials," or special waivers have been granted.
Electric items meeting UL approval and underground utility Materials meeting ASTM or AVVVVA Specifications that are so
certified or stamped will require no further certification, unless requested in writing by the Project Manager.
Materials inspected and stamped during the manufacturing process by a representative of the Department will require the
above noted documents for certification.
Materials that appear on pre-approved lists maintained by the Department II require the manufacturer's certification,
literature, and shop drawings before fabrication and installation.
Materials not permanently incorporated into the Work will not require a Certificate of Compliance unless otherwise stated in the
Contract, but the Contractor shall supply Materials that are in accordance with the Contract.
The Contractor may provide Material purchased in bulk or left over from previous Projects by submitting Certificates of
Compliance for Materials. The Materials shall be in accordance with standards, methods, or Specifications, current on the
Advertisement date.
The Contractor shall replace or repair Materials damaged in transit or during handling at no additional cost to the Department.
106.5 FOREIGN MATERIALS
Unless otherwise specified in the Contract, the Contractor shall deliver Materials manufactured outside the United States to
approved locations within the state, where they shall remain until sampling and testing are complete.
The Contractor shall arrange for testing that the Department is not able to perform, at no additional cost to the Department, and
shall test foreign Materials within the state in the presence of the Department.
The Contractor shall provide a Certificate of Compliance for each lot of foreign Material in accordance with Section 106.4,
"Certificates of Compliance;" and, if required, provide with the Certificate of Compliance, certified MTRs for each lot, and clearly
identify to which lot they apply.
For structural Material requiring MTRs, the Department will only Accept Material from foreign and domestic manufacturers that
have established adequate in-plant quality control to the satisfaction of the Project Manager.
The Project Manager may inspect the plant or require the Contractor to submit detailed written proof of adequate quality
control.
—
The Department will not Accept structural Materials that do not have Certificates of Compliance and MTRs.
106.6 STORAGE OF MATERIALS
The Contractor shall store Materials to preserve quality and fitness for the Work and to protect against vandalism or theft. The
Contractor shall be responsible for the replacement or repair of Materials affected by inadequate protection. Unless otherwise
specified in the Contract the Contractor may with the written approval of the Project Manager use the ROW for storage of Material
for any duration of the Project.
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36
The Contractor shall request from the Project Manager written approval to store Equipment within the ROW for the adequate
execution of the Work.
HANDLING AND TRANSPORTING MATERIALS
106.7
The Contractor shall handle Materials in a manner that preserves the Acceptability for the Work. The Contractor shall transport
aggregates from the storage site to the Work site in vehicles constructed and operated to prevent loss or segregation of Materials.
The Contractor shall ensure the transportation of Materials is in accordance with state and federal regulations, and prevent leakage
of, scattering of, or damage to Materials. Materials damaged or lost in transportation shall be deemed unacceptable and are not
subject to payment by the Department.
106.8
DEPARTMENT-PROVIDED MATERIALS
The Department will list Department-provided Materials in the Contract. The Pay Item in which the 'Contractor uses the
Materials includes the cost of hauling, handling and installing the Materials. The Contractor is responsible for loss or damage to
Department provided Materials. The Contractor shall replace lost or damaged Materials at no additional cost to the Department.
MATERIALS DESIGNATED BY TRADE NAME
106.9
The Contract may require Material or Equipment by trade or manufacturers' names. The Department may Accept the
substitution of Materials or Equipment of equal or greater quality provided the proposed substitute is fully documented and
submitted to the Project Manager, and prior written approval of the Project Manager is given.
If allowed the Contractor shall provide information necessary to establish the comparable quality of the proposed substitute
Materials or Equipment, at no additional cost to the Department. No additional Contract Time or compensation will be allowed for
substitution of Materials.
106.10
EQUIPMENT AND MATERIAL GUARANTEES AND WARRANTIES
Obtain and assign to the Department manufacturer and producer guarantees or warranties for Materials and Equipment.
Warrant, for six months after Material or Equipment is installed and operational, that mechanical and electrical equipment without
a manufacturer or producer guarantee are free from defects or imperfections in workmanship and Materials. Repair malfunctions
or defects that develop during the six-month period.
Supply manuals for equipment incorporated in the Work providing the following information:
Operational procedures;
Complete nomenclature;
Wiring diagrams;
Schematics showing test voltage and procedural methods;
Functional description of circuits;
Parts lists;
Cross-references to standard part numbers;
Names and addresses of sources for testing procedures where appropriate
Flow diagrams; and
Other relevant data.
106.11
MATERIAL SAFETY DATA SHEETS (MSDS)
The Contractor shall submit to the Project Manager the most current MSDSs for all Materials that require MSDSs upon delivery
of the Materials to the Project. The MSDS shall conform to current Federal requirements and contain the following information:
1.
2.
3.
4.
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Product identification:
Name, address, and phone number of chemical manufacturer;
Trade name of the product; and,
c. Chemical name and formula of the product.
Hazardous ingredients:
Substances present in the product that are listed as hazardous in the Hazard Communication standard (29 CFR §
1910.1200) (1900 Subpart Z); and,
Exposure limits for the hazardous ingredient.
Physical hazard data:
Fire and explosion data; and,
Proper extinguishing Equipment;
Health hazard information:
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Estimate of the hazard of the product;
Routes of entry of the product;
Acute and chronic health effects of exposure; and,
Emergency first-aid procedures;
Reactivity data;
Spill and leak procedures;
Personal protective Equipment necessary for safe handling of the chemical; and,
Special precautions.
106.12
PREFERENCE FOR DOMESTIC MATERIALS
The Contractor shall provide Materials in accordance with the Buy America Requirements (23 CFR § 635.410) on federal-aid
Projects.
The Contractor shall bear the burden of proof and the cost to prove the origin and place of manufacture of iron and steel
products and Materials.
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SECTION 107: LEGAL RELATIONS, ENVIRONMENTAL REQUIREMENTS, AND RESPONSIBILITY TO THE PUBLIC
107.1 LAWS TO BE OBSERVED
The Contractor shall be fully informed of all federal and state laws, all local laws, ordinances and regulations, and all orders
and decrees of bodies or tribunals having jurisdiction or authority, including those which in any manner control pollution or impacts
to the environment, affect those engaged or employed on the Work, or which in any way affect the conduct of the Work. The
Contractor shall at all times observe and comply with alt such laws, ordinances, regulations, orders, and decrees; and protect and
indemnify the State and its officers, employees and agents against all claims or liability arising from or based on the violation of such
laws, ordinances, regulations, orders, or decrees, by the Contractor, or its officers, employees or agents.
The Contractor shall before the start of Work contact the municipal or state agency responsible for air, noise, and water quality
control regulations to determine the standards that shall be followed during construction.
107.2 PERMITS, LICENSES, AND TAXES
The Contractor shall procure permits and licenses; pay charges, fees, royalties, and appropriate taxes; and give notices
necessary and Incidental to the due and lawful prosecution of the Work.
107.3 COMPLIANCE WITH PAYMENT OF TAXES
The Contractor shall pay all lawful taxes imposed by the state of New Mexico or other political entities.
The successful Bidder, upon returning the executed Bid Package, and after receiving the Preliminary Award of Contract Notice,
shall provide to the Department both the Bidders Taxation and Revenue Department tax identification number and the Bidder's
Motor Transportation Division account number. If either of these numbers is unavailable, the Contractor shall submit a letter of
explanation. A Notice to Proceed will not be issued until the Contractor submits both numbers or a satisfactory letter of explanation.
107.4 GROSS RECEIPTS, INDIAN BUSINESS ACTIVITY, AND TRIBAL EMPLOYMENT RIGHTS ORGANIZATION TAXES
107.4.1 New Mexico Gross Receipts Tax
The Department will pay the Contractor for applicable New Mexico GRT and local option tax (including tax increases or
decreases effective after the Contract date), and the Contractor shall pay applicable taxes to New Mexico Taxation and Revenue
Department. The Contractor shall show the GRT and local option tax as a separate amount added to each request for payment.
The Department shall be promptly reimbursed or repaid for any tax, including GRT, that is refunded to the Contractor, including
any refund received by the Contractor after final payment, to the extent such tax was paid by the Department to the Contractor. The
Contractor shall keep and maintain all documents, applications for tax refund, and forms filed with, submitted to, received from, or
required by the New Mexico Taxation and Revenue Department which relate to the payment or refunding of any tax paid pursuant to
this Section for five years following final payment. All of the above material shall be made available to the Department or FHWA for
review, audit, inspection, and copying and shall be produced, upon request, at the Department General Office, the District in which
the Work was performed, or an FHWA office, as directed.
107.4.2 Tribal Taxes
All Bids submitted shall exclude any tribal business tax, TERO tax, and other tax imposed by a tribal government. The
Department will pay the tax or will exercise its prerogative to challenge the tribal government's authority to impose the tax. If the
Department exercises its prerogative to challenge the tribal government's authority to impose the tax, the Department will reimburse
the Contractor for such tax only if a court of competent jurisdiction rules the tribe has authority to impose the tax. The Department
will reimburse the Contractor only if the final decision of the litigation, or other final disposition of the litigation, results in a
determination that the tribe has jurisdiction to impose the tax. The Department will be subrogated to the rights of the Contractor to
Claim a refund of, or to contest, any such tax imposed on the Work to the extent any alleged obligation of the Contractor or the
Department to pay such tax arises under this section or through the Contractor's performance of this Contract.
The Department will reimburse the Contractor for payment of any Tribal Tax directly related to the performance of the Work
within the Project imposed by a tribe upon tribal verification that the tax was paid by the Contractor.
107.5 PATENTED DEVICES, MATERIALS, AND PROCESSES
The Contractor shall provide a suitable legal agreement with the patentee or owner to cover the use of any patented or
copyrighted designs, devices. Materials, processes, or trademarks. The Contractor shall defend, indemnify and hold harmless the
Department, its officers, employees or agents, from any and all claims (including costs, expenses and damages the Department
may be obliged to pay) for Contractor's infringement on such patents, copyrights, and trademarks during prosecution or after
completion of the Work.
107.6 RESTORATION OF SURFACES OPENED BY PERMIT
The Department reserves the right to construct or reconstruct utility services in the Highway, Street, or Road or to grant permits
to municipal or County authorities, corporations, firms, or individuals to perform such Work. The Contractor shall allow parties
bearing permits granted by the Department for such Work to make openings in the Highway, Street, or Road. The Department will
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address time extension requests due to Work by others in accordance with Section 108.6 "Determination and Extension of Contract
Time."
When directed by the Project Manager, the Contractor shall make all necessary repairs due to such openings in the Highway,
Street, or Road. The Department will pay for such repairs in accordance with Section 104.2, "Significant Changes in the Character
of Work," and Section 109, "Measurement and Payment."
107.7 FEDERAL AID PROVISIONS
When the FHWA or other federal agency is obligated to reimburse the Department for all or any portion of the cost of a Project,
the Contractor shall observe and be subject to federal law applicable to such reimbursement. In such situations, federal
requirements supersede conflicting provisions of state and local laws, rules, or regulations. The Work shall be subject to inspection
and oversight by the appropriate federal agency. Such inspection or oversight shall not make the U.S. Government a party to this
Contract, nor shall the U.S. Govemment interfere with the rights of the Contract parties.
107.8 SANITARY, HEALTH, AND SAFETY PROVISIONS
The Contractor shall provide and maintain sanitary accommodations for use by Contractor and Department employees, in
accordance with State and local boards of health, or other legal entity with jurisdiction.
The Contractor shall comply with federal, State, and local health rules and regulations. The Contractor shall ensure that
working conditions are sanitary, non-hazardous, and not dangerous to the health or safety of workers or authorized visitors on the
Project. The Contractor shall admit to the Project credentialed Inspectors from OSHA or other agencies responsible for health and
safety administration.
107.9 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall provide for the convenience and safety of the general public, for reasonable access by local residents and
businesses, and for the protection of persons and property, in accordance with Section 104.5, "Maintenance of Traffic."
107.10 RAILROADS
If the Project affects railroad lines, the Contractor shall observe the requirements of the following Sections and the insurance
requirements in accordance with Section 107.25, "Insurance Requirements." For the purpose of this Section. the term "Immediate
Construction Site" shall mean the area of the Project within railroad right of way.
107.10.1 Department/Contractor Financial Responsibilities
The Department may be responsible for the costs of the engineering, inspection, and protection of the railroad right of way
within the Immediate Construction Site unless otherwise required by the Contract. Work accomplished by the Contractor or its
Subcontractors or agents outside the Immediate Construction Site, but within railroad right of way, shall be the financial
responsibility of the Contractor.
107.10.2 Notice to the Railroad
The Contractor shall not begin Work in the immediate construction site before accomplishing the following:
Notify the owner of the railroad right of way in writing 30 Days prior to the anticipated date to begin Work, the anticipated
type of Work, and the anticipated length of time required to complete the Work;
Verify that the owner of the railroad right of way has arranged at the Contractors request to provide necessary flaggers or
other railroad personnel to.protect railroad property at the Immediate Construction Site and minimize-interference with the
safe and timely operation of railroad equipment;
Receive approval from the owner of the railroad right of way and Department for any changes or modifications during
construction that affect safety or the railroad's operations;
Provide the Department with a copy of written agreements or directives, if any, between the owner of the railroad right of
way and the Contractor modifying the Work to protect the railroad right of way;
Take protective measures as necessary to keep railway facilities, including track ballast, free of sand, debris, and other
foreign objects and Materials resulting from his operations. Any damage to Railway facilities resulting from the Contractor
operations will be repaired or replaced by the owner of the railroad right of way and the cost of such repairs or
replacement shall be paid for by the Contractor;
During demolition, removal and construction of the Work, the Contractor shall not drop or lower Material or debris onto the
railroad's property within 50 feet measured from the centerline of an adjacent track or measured from the edge of a
railroad maintenance Roadway or measured from any railroad improvement or measured from a railroad Work or staging
area; and,
7. Furnish the owner of the railroad right of way for approval, five (5) copies of Plans and two sets of calculations for any
shoring or cribbing proposed to be used over, under or adjacent to the owner of the railroad right of way's tracks. The use
of such shoring or cribbing shall conform to the standard side clearances required by New Mexico regulations or rules. In
case the use of such shoring will impair said clearance the Contractor shall ensure that application is made to the
appropriate state agency, if required, for approval of such impairment during the period of construction of the Project.
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107.10.3 Cooperation with Owner of Railroad Right of Way
The Contractor shall cooperate with the owner of the railroad right of way. Actions by parties beyond the control of the
Department, including the actions of owners of railroad right of way, and circumstances beyond the control of the Department, such
as unforeseen railroad emergencies, that delay completion of the Project shall result in the Department awarding additional Contract
Time but not additional compensation to the Contractor. Actions within the control of the Department, which are not the subject of a
concurrent delay shall result in the Department awarding both additional Contract Time and additional compensation to the
Contractor. A concurrent delay to the completion of the Project by the Department and the Contractor shall result in the Department
awarding additional Contract Time but not additional compensation to the Contractor.
Regardless of the requirements of the Contractor's construction schedule, the owner of the railroad right of way reserves the
right to reallocate its labor forces assigned to complete railroad Work in the event of an emergency when the owner of the railroad
right of way believes such reallocation is necessary to provide for the immediate restoration of railroad operations or to protect
persons or property on or near any other property owned by the owner of the railroad right of way. Neither the Department nor the
owner of the railroad right of way WIII be liable for any additional costs or expenses of the Project resulting from any such
reallocation of the labor forces by the owner of the railroad right of way. The Department reserves the right to amend the Contract
with the Contractor as may be necessary, subject to advising and coordinating with the owner of the railroad right of way.
The Contractor shall coordinate the Work each Day with the owner of the railroad right of way's operations, prior to
commencing any construction activity.
The Contractor shall provide any notice concerning these requirements in wilting. Such notices shall be deemed sufficiently
given when sent by electronic means including proof of receipt, or certified mail, return receipt requested to the owner of the railroad
right of way and the Department.
107.10.4 Storage of Materials or Equipment
The Contractor shall not store Material, park or use Equipment, or interfere with the nearest railroad track or overhead line
within the following clearance limits, unless the owner of railroad right of way provides written permission:
Within ten (10) feet horizontally from the centerline of track, 23 feet three (3) inches vertical above top of rail;
Construction or maintenance of electric wires:
For lines carrying less than 750 V, 27 feet vertically above top of rail;
For lines carrying 750 V, 28 feet vertically above top of rail;
For lines carrying 15 kV to 20 kV, 30 feet vertically above top of rail;
For lines carrying more than 20 kV, 34 feet vertically above top of rail.
When the Contractor must maintain or operate Equipment inside the above tolerances, the Contractor shall notify the owner of
the railroad right of way of said activities, and allow the owner of railroad right of way to provide personnel and devices to protect its
property.
The Contractor shall notify and obtain approval from the owner of railroad right of way whenever there is excavation below the
elevation of the track, any activity which may result in settlement or movement of railroad property, or whenever the owner of
railroad right of way believes the railroad facilities may be endangered, so as to allow the owner of railroad right of way an
opportunity to provide personnel and devices to protect its property.
107.10.5 Movement Across Tracks
If, for the convenience of the Contractor. it becomes necessary to move an oversized load across the railroad tracks, the
Contractor shall obtain written permission from the owner of railroad right of way, if required by the owner of the railroad right of way.
The Contractor shall obtain a private crossing agreement if required by the owner of railroad right of way. The Contractor shall
install all crossings, and provide flagging and protective devices at no additional cost to the Department. The Contractor shall
ensure all agreements are in writing; furnish a copy to the Project Manager before beginning any Work under such agreements.
107.10.6 Cleanup
Before requesting final Acceptance of Work accomplished on railroad property, the Contractor shall remove all tools,
implements, and other Materials, and obtain written release from the owner of railroad right of way showing that the property is
clean, clear, and in a condition acceptable to the owner of railroad right of way. If unable to obtain a release from the owner of
railroad right of way after diligent effort, provide the Project Manager with written evidence of efforts to obtain the release.
107.10.7 Post Construction Plans
When requested by the owner of the railroad right of way, the Contractor shall furnish one set of Post Construction Plans,
prepared in U.S. customary units to the owner of the railroad right of way. The format of the Post Construction Plans shall be
discussed and agreed to at the preconstruction meeting. The Post Construction Plans shall include plan and profile, structural
Bridge drawings and Specifications, and drainage Plans. All improvements and facilities shall be shown. All Work associated with
this Section shall be Incidental.
107.11 ENVIRONMENTAL, HAZARDOUS MATERIALS AND CULTURAL RESOURCES APPROVAL
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The Department will obtain the environmental. hazardous material, and Cultural Resource approvals for the Project before
construction. The Department will describe in the Contract any special environmental, hazardous material and Cultural Resource
requirements developed to protect resources.
107.12
ENVIRONMENTAL, HAZARDOUS MATERIALS AND CULTURAL RESOURCE DISCOVERIES
The Contractor shall terminate operations in the immediate area of environmental, hazardous materials or Cultural Resources
not identified in the Contract and immediately notify the Project Manager. While the Project Manager, Environmental Geology
Bureau Manager, Environmental Program Manager, and regulatory authorities complete appropriate mitigation actions the
Contractor shall continue Work in other areas. The Project Manager shall provide written notification to the Contractor when Work
may commence in the area of terminated operations. Any adjustments shall be made in accordance with Section 109.5, "Payment
for Changes, Differing Site Conditions and Extra Work,"
107.13
CONTRACTOR'S RESPONSIBILITY FOR DAMAGE TO ENVIRONMENTAL AND CULTURAL RESOURCES
The Contractor shall restore or mitigate all damage to environmental or Cultural Resources caused by the Contractors failure
to abide by requirements included in the Contract as well as those areas covered under Section 107.14, "Contractor's Responsibility
for Environmental and Cultural Resource Protection" at no additional cost to the Department. The Department, in coordination with
regulatory authorities, will determine the extent of restoration or mitigation. The Contractor shall pay any fine imposed on the
Department by a regulatory agency for a regulatory violation caused by the Contractor. The Project Manager may suspend the
Work in areas where environmental or Cultural Resource violations occur.
107.14
CONTRACTOR'S RESPONSIBILITY FOR ENVIRONMENTAL AND CULTURAL RESOURCE PROTECTION
107.14.1 Environmental and Cultural Resource Studies and Approvals
Before beginning soil-disturbing activities (in accordance with Section 106.1, "Contractor-Furnished Aggregate and Borrow
Sources"), the Contractor shall obtain the necessary study permits, and employ an Environmental Specialist and a Cultural
Resource Professional to conduct environmental and Cultural Resource studies at any disturbed site, including, but not limited to the
following:
Camp sites;
Plant sites;
Crusher sites;
Stockpile sites;
Equipment yards;
Borrow Pits;
Surfacing Pits; and,
Water sources.
The Contractor shall obtain the environmental and Cultural Resource approvals regardless of land ownership. For the
environmental approval, the Contractor shall use the Department-fumished checklist Categorical Exclusion form (or equivalent form
fumished by the Department), which shall be signed by the Contractor and the Environmental Specialist. For Cultural Resource
reports, use the standard site investigation forms approved by the New Mexico Historic Preservation Division and the New Mexico
Cultural Properties Review Committee. The Contractor shall ensure that the resource studies meet the standards of the
Department, the State historic preservation officer, and any State, tribal, or federal land-managing agency or entity with jurisdiction.
The Contractor shall ensure that the resource studies are in accordance with the National Environmental Policy Act of 1969 (42
U.S.C. § 4321 et seq.). the National Historic Preservation Act (16 U.S.C. § 470 et seq.), and the New Mexico Cultural Properties Act
(NMSA 1978, § 18-6-1 to 18-6-17), or any other successor statutes.
The Contractor may use previously-completed environmental and Cultural Resource studies, provided all other requirements of
this Section are met.
The Contractor shall complete other coordination required by environmental regulations.
The Contractor shall submit the documentation prepared for the environmental and Cultural Resource approvals to the Project
Manager and the Environmental Program Manager. The Department will then submit the documentation to the appropriate
agencies for approval, and will notify the Contractor when approvals have been obtained. Approvals may take 45 Days or more
after the Contractor delivers the resource studies to the Department. Adjustments shall only be made in accordance with Section
109.5, "Payment for Changes, Differing Site Conditions and Extra Work," when the time needed to obtain approvals exceeds
Federal or State law or regulatory requirements containing time limits.
The Contractor shall comply with all conditions and commitments for protection of resources contained in resource agency
permits and in the environmental and Cultural Resource approvals. The environmental approval is the FHWA-approved checklist
categorical exclusion, or its equivalent. The Cultural Resource approval is the concurrence letter signed by the State historic
preservation officer, or its equivalent.
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The Contractor shall repair at the Contractors expense all damage to environmental or Cultural Resources caused by the
Contractor's failure to meet the requirements for environmental acceptability or abide by Department directives issued to protect
resources identified during the environmental and Cultural Resource evaluation. The nature and extent of such repairs shall be
determined after consultations between the Contractor, Department representatives, and the regulatory authorities with
management jurisdiction over the subject resources.
107.14.2 Parking and Cleaning of Equipment
For Projects that have received environmental and Cultural Resource approvals through programmatic categorical exclusions
(e.g., pavement preservation and rehabilitation, guardrail replacements, Bridge deck replacements, signalization upgrades, etc.),
environmental and Cultural Resource studies will not have been completed by the Department. These Projects will be noted as
such in the Contract. For these Projects, the Contractor shall take special care when parking and cleaning Equipment, as outlined
in the following requirement.
The intent of the following requirement is to ensure the protection of sensitive environmental and Cultural Resources that may
be present within the Right of Way and to encourage the Contractor to avoid damaging these resources when parking and cleaning
Equipment. The Contractor shall ensure that parking and cleaning of Equipment within the Right of Way does not damage
environmental and Cultural Resources, in one or a combination of the following manners:
Park and clean Equipment in previously disturbed areas only;
Identify all parking and cleaning locations in previously undisturbed areas, prior to construction, and complete the
environmental and Cultural Resource approvals as described in Section 107.14.1, "EnvirOnmental and Cultural Resource
Studies and Approvals;" or
3. Park and clean Equipment in previously undisturbed areas without completing the environmental and Cultural Resource
approvals as described in Section 107.14.1, "Environmental and Cultural Resource Studies and Approvals," and assume
all risk and liability for any damage to environmental or Cultural Resources resulting from these actions.
107.14.3 Aquatic Resources
The Department will apply for and obtain permits and certifications required for construction involving 'waters of the United
States" as defined by the U.S. Army Corps of Engineers. The Contractor shall comply with the terms of the permit obtained and
shall be fully liable for consequences resulting from its failure to comply. The Department will provide a copy of the permits and
certifications in the Contract.
The Contractor shall minimize vegetation removal, soil disturbance, erosion in the vicinity of live streams, water impoundments,
wetlands, or irrigation supplies, and crossing of live streams with heavy Equipment. The Contractor shall not refuel or perform
maintenance activities on Equipment near watercourses, nor dump or bury demolition concrete, asphalt, or other Materials near
watercourses, but these activities shall be conducted in proper containment areas. The Contractor shall comply with the New
Mexico Water Quality Act (NMSA 1978, § 746-1 et seq.) and applicable permits and regulations in accordance with the federal
Clean Water Act (33 USC § 1251 et seq.).
The Contractor shall comply with the requirements of Section 603, °Temporary Erosion and Sediment Control," and the
requirements of NPDES, and if performing Work along or adjacent to live streams, it shall do so in accordance with the federal
Clean Water Act (33 USC § 1251 et seq.), the regulations and requirements of other authorities with jurisdiction.
107.14.4 Minimization of Soil Disturbance
The Contractor shall minimize damage to or removal of vegetation and trees, except as approved in Section 104.6, 'Rights in
and Use of Materials Found on the Work." The Contractor shall not clear, grub, disturb, or excavate land beyond what is authorized
by the Contract. The Contractor shall remediate or replace vegetation due to unnecessary clearing or damage, at no additional cost
to the Department.
107.14.5 Air Quality Requirements and Dust Abatement
The Contractor shall perform dust abatement on the Project. The Contractor shall ensure that burning operations, dustproducing activities, and other operations that produce particulate matter comply with State and federal air quality regulations, as
administered by the Air Pollution Control Bureau of the NMED, applicable local air quality regulations, and the federal Clean Air Act
(42 USC § 7401 et seq.).
107.14.6 Noise Abatement
If specified in the Contract, the Contractor shall not operate Equipment that emits noise above 70 dbA, measured at a distance
of 50 ft, in urban or populated rural areas during those hours specified, and shall comply with County or municipal ordinances if they
are more stringent than the requirements in the Contract.
107.14.7 Disposal of Removed Asphalt Pavement Material
The intent of the following requirement is to ensure that removed asphalt pavement Material does not contaminate a natural
watercourse or Waters of the United States or Surface Waters of the State (pursuant to the federal Clean Water Act, section 307;
the federal Clean Water Act, section 404, General Condition 6; the federal Clean Water Act, section 401, Water Quality Certification;
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the NM Solid Waste Management Regulations, 20 NMAC 9.1; and the NM Water Quality Control Commission Regulations, 20
NMAC 6.2.2201).
The Contractor shall dispose of removed asphalt pavement Material, not including minor sweepings, belonging to the
Department using one or more of the following methods:
Recycling and mixing it into Base Course, Subgrade or HMA of the new Roadway, with approval of the Project Manager;
Or
The Contractor shall break down asphalt surfacing removed from the Project to a nominal two (2) inch size, or smaller,
haul and stockpile the Material at a location approved by the Project Manager or as indicated in the Contract.
If the Material is to be permanently placed within the Shoulder or median, it shall be treated by using one of the following
methods:
Machine-compacted; or
Sealed with an approved rejuvenating agent.
107.14.8 Disposal of Other Materials and Debris
The Contractor shall move items designated for removal without salvage, unsuitable construction Materials, and debris from
clearing and grubbing to an environmentally suitable disposal site secured and coordinated with the appropriate regulatory
agencies. The Contractor shall not place any items in wetland areas or areas that may impact endangered species or Cultural
Resources. The Contractor shall obtain an environmental and Cultural Resource approval in accordance with Section 107.14.1,
"Environmental and Cultural Resource Studies and Approvals."
107.14.9 Underground Storage Tanks
The Contractor shall comply with applicable New Mexico and federal regulations governing the discovery and removal of
underground storage tanks (UST). The Contractor shall report the discovery of USTs within the Right of Way (either temporary or
permanent), pits, borrow areas, storage or Equipment yards within timelines required by the NMED Petroleum Storage Tank Bureau
(PSTB). The Contractor shall remove USTs in accordance with NMED PSTB regulations. Any adjustments shall be made in
accordance with Section 109.5, "Payment for Changes, Differing Site Conditions and Extra Work,"
107.14.10 Hazardous Waste Material, and Reporting and Cleanup of Spills
The Contractor shall immediately report all spills regardless of cause or association with the Work to the Project Manager if on
the Right of Way, or to the property owner if outside of the Right of Way. The Contractor shall clean up and bear all costs of spills
associated with the Work including gasoline, diesel fuel, motor oils, solvents, chemicals, toxic and corrosive substances, and other
Materials that may threaten public health or the environment. Failure to report a pre-existing spill or spill not associated with the
Work shall result in the Contractor bearing the full cost of remediation and cleanup.
107.14.11 Prime Coat, Tack Coat, and Soil Sterilants
The Contractor shall not contaminate soils outside the Roadway Prism when applying prime coat, tack coat and soil sterilants.
The Contractor shall not contaminate arroyos, irrigation supplies (acequias and ditches), wetlands, water impoundments, and live
streams.
107.15 STATE AND FEDERAL LAND-MANAGING AGENCIES
While working within or adjacent to State or federal lands and forests, the Contractor shall comply with all regulations of the
State or federal authority having jurisdiction governing the protection of these areas, and observe all sanitary laws and regulations.
The Contractor shall keep the areas in an orderly condition, dispose of all refuse, and obtain permits for the construction and
maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other Structures in
accordance with applicable federal or State regulations.
107.16 PREVENTION OF FOREST AND GRASS FIRES
The Contractor shall prevent forest and grass fires. The Contractor shall notify appropriate officials at the earliest possible
moment of the location and extent of any fire. The Contractor shall comply with fire regulations applicable to the area of Work, and
fumish and maintain firefighting Equipment and tools required in the Contract. The Contractor shall suspend fire-hazardous
operations when necessary at the direction of the Project Manager and in accordance with Section 105.17, "Contract Adjustments
for Suspension of Work."
107.17 USE OF EXPLOSIVES
The Contractor shall exercise extreme care when use of explosives is necessary for the prosecution of the Work. The
Contractor shall not endanger life or property, including new Work. The Contractor shall use, handle, load, transport, and store
explosives and blasting agents in accordance with applicable laws and ordinances, as well as title 29 CFR Part 1926 Safety and
Health Regulations for Construction (OSHA) and 30 CFR Part 15.32 whichever is more restrictive. The Contractor shall clearly
mark explosives and store them securely. If no local laws or ordinances apply, the Contractor shall store explosives not closer than
600 feet from Roads, buildings, camping areas, or places of human occupancy. The Contractor shall provide sufficient notice to any
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public utility and owner of railroad right of way having Structures or facilities near the Project, of the intention to use explosives, so
that they may take steps to protect their property before detonation.
107.18 PROTECTION AND RESTORATION OF PUBLIC AND PRIVATE PROPERTY
The Contractor shall preserve public and private property including land, governmental survey monuments, and property
markers from disturbance or damage until the Project Manager has witnessed or otherwise referenced their location, and directed
their removal.
The Contractor shall restore public or private property damaged by the Contractor directly or indirectly by any act, omission,
neglect, or misconduct in the execution of the Work, or by defective Work or Materials, or by non-prosecution of the Work, at no
additional cost to the Department and retum such property to a condition equal to that existing before such damage or injury was
done, by repairing, rebuilding, or otherwise restoring as directed by the Project Manager.
The Contractor shall maintain responsibility for damage until the Work is completed and Accepted, or until the Department
partially Accepts the affected unit in accordance with Section 105.18.1, Partial Acceptance," or until the affected unit is opened to
traffic in accordance with Section 104.5, "Maintenance of Traffic?
107.19 RESPONSIBIUTY FOR THIRD PARTY CLAIMS AND DUTY TO DEFEND
The Contractor shall indemnify and hold harmless the Department and its officers, employees and agents from and against any
and all claims and suits, liability, damages, losses or expenses, including attomey fees and costs, to the extent that they arise out of
or are in any way connected with any act or omission of the Contractor, or its officers, employees or agents. The Contractor agrees,
at its own expense, and upon written request by the Department, to defend any suit, action or demand brought against the
Department on any claim or demand covered herein.
107.20 CONTRACTOR'S RESPONSIBILITY
Until final Acceptance of the Project by the Project Manager, the Contractor shall have the charge and care thereof and shall
take every precaution against injury or damage to any part thereof, by the action of the elements or from other causes, whether
arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all
injuries or damages to portions of the Work occasioned by the above causes before final Acceptance and shall bear the expense
thereof except as provided in Sections 104,5, "Maintenance of Traffic" and Section 105.18.1, "Partial Acceptance.'
Should the Contractor be delayed in the prosecution or completion of the Work by Contractors on contiguous Projects, fire,
flood, epidemics, quarantine restrictions, strikes, freight embargoes, acts of public enemy, acts of governmental authorities other
than the Department, Acts of God, or documented unavailability of construction Material, for which the Contractor is in no way
responsible, then the time herein set for the completion of the Work shall be extended for a period equivalent to the Work time lost
by reason of any or all of these causes, but the Contractor shall not be entitled to damages for such delay. The extended time
period shall be determined and fixed by the Department, which determination shall be final.
In case of suspension of Work from any cause whatever, the Contractor shall be responsible, subject to the provisions of
Section 104.5, "Maintenance of Traffic," and Section 105.18.1, "Partial Acceptance," for the Project and shall take such precautions
as may be necessary to prevent damage to the Project. provide for normal drainage, and erect necessary temporary Structures,
signs, or other facilities at the Contractor's expense. During such period of suspension of Work. the Contractor shall properly and
continuously maintain in a growing condition all living Material in newly established plantings, including seeding and sod, furnished
under the Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against
injury.
For physical damage to the Work resulting from unforeseeable causes beyond the control of and without the fault or negligence
of the Contractor, including but not restricted to Acts of God, the public enemy, or governmental authorities, the Contractor will be
paid pursuant to Section 109, "Measurement and Payment."
107.21 CONTRACTOR'S RESPONSIBIUTY FOR UTILITY PROPERTY AND SERVICES
The Contractor shall not begin Work in areas proximate to railroad, telecommunication, or utility company right of way or
facilities, or other property where damage from the Work might result in expense, loss, or inconvenience to the owner, until
arrangements are made with the Project Manager and the owner of the property for the protection of such property or facilities.
The Contractor shall cooperate with the owners of underground or overhead utility lines to facilitate their removal or relocation,
and conduct operations to avoid duplication of Work and unnecessary interruption of utility services.
Where utility conflicts are present. the Contractor shall provide the Project Manager, on a weekly basis, evidence of adequate
coordination and cooperation with utilities. Neither time or compensation will be provided where the Contractor fails to provide the
Project Manager, on a weekly basis, evidence of continued cooperation and coordination activities with utilities.
The Contractor shall promptly notify authorities of any interruption to water or utility services resulting from exposure, lack of
support, or breakage. The Contractor shall provide continuous repair Work to restore water service if interrupted. The Contractor
shall not perform Work near fire hydrants until provision for service has been approved by the local fire authority.
The Contractor shall contact the owner of the railroad right of way and the telecommunications companies to determine
whether there is any fiber optic cable systems located within the Project boundaries that could be damaged or their service
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disrupted due to the construction of the Project. The Contractor shall pothole all lines either shown on the Plans or marked in the
field in order to verify their locations. The Contractor shall use all reasonable methods when working with the owner of the railroad
right of way rail corridor to determine if any other fiber optic lines may exist. Failure by the Contractor to notify, pothole or identify
these lines shall be sufficient cause to stop construction at no cost to the State or owner of the railroad right of way until these items
are completed. The costs for repairs and loss of revenues and profits due to damage to these facilities through negligent acts by the
Contractor shall be the sole responsibility of the Contractor. The Contractor shall defend and indemnify and hold the State and
owner of the railroad right of way harmless against and from all cost, liability and expense arising out of or in any way contributing to
these negligent acts of the Contractor.
107.22 FURNISHING RIGHT OF WAY
The Department will secure necessary Right of Way before construction, except as noted in the Contract.
107.23 PERSONAL LIABILITY OF PUBLIC OFFICIALS
Department employees shall bear no personal liability in carrying out the provisions of the Contract or in exercising powers or
authority granted to them by the Contract, it being understood that in such matters they act solely as agents and representatives of
the Department.
107.24 NO THIRD-PARTY LIABILITY
The Department and the Contractor specifically agree that the provisions of this Contract do not make anyone, including any
Subcontractor or Materials Supplier, a third-party beneficiary or authorize anyone not a party to this Contract to maintain an action
for damages under this Contract.
107.25 INSURANCE REQUIREMENTS
The Contractor shall procure and maintain at no cost to the Department insurance as detailed below, using an insurance
company authorized to do business in New Mexico. Insurance shall cover operations under the Contract, whether performed by the
Contractor, the Contractor's agents or employees, or Subcontractors. Contractor shall keep insurance in full force and effect for the
entire period of the Work, up to and including final Acceptance, and the removal of Equipment and employees, agents and
Subcontractors. All insurance required in this Section shall be procured from insurance or indemnity companies with an A.M. Best
Company financial strength rating level of A- or better, Class VII or better, unless otherwise approved in writing by the Department.
In no event shall the Department approve the use of an insurance or indemnity company with an A.M. Best Company financial
strength rating level of B or worse.
107.25.1 Liability Insurance
1. The Contractor shall obtain General Liability (Bodily Injury Liability and Property Damage Liability) insurance coverage
applicable in full to the subject Project in the following minimum amounts:
Personal and Bodily Injury Liability: $1,000,000.00 each person; $2,000,000.00 each occurrence (annual aggregate);
and,
Property Damage Liability: $2,000,000.00 each occurrence; (annual aggregate);
2. The insurance coverage shall be documented on a Comprehensive General Liability form or Commercial General Liability
form, which must include the following:
Coverage for liability arising out of the operation of independent Contractors;
Completed Operations Coverage: and,
c. Attachment of the Broad Form Comprehensive General Liability Endorsement;
If the Work includes the use of explosives, the Contractor's insurance must include coverage for injury to or destruction of
property arising out of blasting or explosion;
If the Contract includes Work next to an existing building or structure, the Contractor's insurance shall include coverage
for injury to or destruction of property arising from the collapse of or structural injury to buildings or Structures due to the
following:
Excavation, including borrowing, filling, or backfilling in connection therewith;
Tunneling and cofferdam or caisson Work; and,
Moving, shoring, underpinning, razing, or demolition of buildings or Structures, or removal or rebuilding of structural
supports thereof: and,
5. Coverage must include injury to or destruction of properly arising out of damage to wires, conduits, pipes, mains, sewers
or other similar property or any apparatus in connection therewith below the surface of the ground, if such injury or
destruction is caused by or occurs during the use of mechanical Equipment for the purpose of excavating, digging, or
drilling.
c.
107.25.2 Automobile Liability Insurance
The Contractor shall provide or ensure that all vehicles used in performance of the Contract have liability insurance. The
Contractor is not responsible for liability insurance for the Department or its agents. The Contractor shall provide limits of liability for
automobile liability insurance in the following amounts:
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Personal and Bodily Injury Liability: $1,000,000.00 each person; $2,000,000.00 each occurrence; (annual aggregate);
and,
Property Damage Liability: $2,000,000.00 each occurrence; (annual aggregate);
107.25.3 Worker's Compensation Insurance
The Contractor shall carry worker's compensation insurance and otherwise fully comply with the New Mexico Worker's
Compensation Act (NMSA 1978, § 52-1-1 et seq.) and the New Mexico Occupational Disease Disablement Law (NMSA 1978, § 523-1 et seq.).
107.25.4 Department as Additional Insured
The Contactor shall name the Department and any third party so designated in the Contract as an additional named insured on
the comprehensive general liability form or commercial general liability form furnished by the Contractor in accordance with Section
107.25.1, "Liability Insurance." The certificate of insurance shall state that the coverage provided under the policy is primary over
any other valid and collectible insurance. The additional insured endorsement shall conform to the most current version of the
Insurance Services Office's CG 2010, Additional Insured Endorsement Form. The Contractor shall provide to the Department a
copy of the Contractors standard commercial general liability policy showing the Additional Insured Endorsement before the
Department issues a Notice to Proceed.
107.25.5 Certificate of Insurance
The Contractor shall provide evidence of insurance coverage conforming to these Specifications with a certificate of insurance
executed on the form provided by the Department, to be made part of the Contract. The certificate shall indicate compliance with
these Specifications and shall certify that the coverage shall not be changed, canceled, or allowed to lapse without giving the
Department 30 Days written notice. The Contractor shall provide a certificate of insurance to the Department on renewal of a policy
or policies as necessary during the term of the Contract. The Department shall not issue a Notice to Proceed until the Contractor
meets these requirements.
107.25.6 Umbrella Coverage
The insurance limits cited in this Section are minimum limits. The Department does not intend that these Specifications define
what constitutes adequate insurance coverage for the individual Contractor. The Department will recognize excess coverage
(Umbrella) as meeting the insurance requirements of Section 107.25.1, "Liability Insurance," if the limits of the Umbrella coverage
meet the individual requirements of this Section.
107.25.7 Optimal Insurance
If required by the Contract, Contractor shall procure and maintain form and types of bailee theft insurance such as, but not
limited to, builder's risk insurance, Contractor's Equipment insurance, and rigger's liability property insurance. If so required, the
Contractor shall provide bailee theft insurance in an amount necessary to protect the Department against claims, losses, and
expenses arising from the damage, disappearance, or destruction of property of others in the care, custody, or control of the
Contractor, including property of others being worked upon by the Contractor, its agents, employees or Subcontractors.
107.25.8 Railroad Insurance
If the Work affects railroad property, in addition to the above requirements, unless otherwise specified in the Contract the
Contractor shall obtain at its own cost a railroad protective liability policy in the name of the owner of the railroad right of way or
railroad facilities involved. In addition, on those rails used by the National Railroad Passenger Corporation (NRPC), the Contractor
shall obtain a railroad protective liability policy in the name of the NRPC.
Railroad liability insurance shall be in compliance with 23 CFR 646A. These limits of liability apply to the coverage as set forth
in AASHTO's Railroad Protective Liability Endorsement form, subject to the terms, conditions, and exclusions found in the form.
The policy must afford coverage as provided in the standard Railroad Protective Liability Endorsement
107.26 NO WAIVER OF LEGAL RIGHTS
The Department reserves the right to correct measurements, estimates, certificates, or price adjustments made before or after
Physical Completion of the Work, and to recover overpayment from the Contractor or its Surety.
The Department's waiver of breach of part of the Contract does not constitute a waiver of any other breach.
The Contractor, without prejudice to the terms of the Contract, shall be liable to the Department for latent defects, fraud, or
such gross mistakes as may amount to fraud, and for warranty and guaranty.
107.27 CONTRACTOR'S RESPONSIBILITY FOR THE TRAVELING PUBLIC
- The Contractor shall minimize hazards to the traveling public in the Construction Zone from the commencement of the Work
until final Acceptance. Minimizing hazards shall include:
1. Keep Equipment, Materials, and workers out of the travel lanes;
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Remove hazardous construction debris deposited within the Project limits:
Inspect and repair the travel lanes (Necessary repairs of damage not caused by the Contractor will be paid for in
accordance with Section 109.5, "Payment For Changes, Differing Site Conditions, and Extra Work."); and,
4. Remove obstacles deposited by the public as they transit the Project.
The Contractor shall immediately correct hazards reported by Project inspections, Department employees, or the public. The
Contractor shall maintain and publicly post a 24-hour contact number to initiate action quickly.
The Contractor shall assign an individual by the date of the preconstruction conference, readily available during normal working
hours, to respond to claims from the public for losses alleged to have occurred within the Project, whether arising from Contractor or
Subcontractor action or inaction. The Contractor shall provide claimants with a written outline of the Contractor's claims procedure,
along with a written copy of the Contractor's name, address, and telephone number together with the name and title of the individual
assigned to handle claims from the public. The Contractor shall maintain a status report of claims filed, including the name,
address, and telephone number of the claimant, the nature of the claim, pertinent findings regarding the claim, and a statement
regarding the resolution of the claim. The Contractor shall provide the status report to the Project Manager upon request.
The Contractor shall establish a local contact number (with area code) for filing claims, and clearly post the number. In
addition, post the name of the Contractor, address, and telephone number at each approach to the Project. The Contractor shall
ensure that construction vehicles (Contractor, Subcontractor, and privately owned) working on the Project have clean, unobstructed
license plates, and shall mark vehicles legibly with the appropriate company name.
107.28 CONTRACTOR RECORDS
The Contractor, Subcontractors and all Suppliers shall keep and maintain all documents in a useable format, including
communications, books, papers, records, files, accounts, tax records, cost records, reports, schedules. Bid documents with backup
data, including electronic data, and all other material relating to the Contract, Project, Contract compliance, or any Claim for five (5)
years following Physical Completion of the Work. Unless otherwise specified in the contract all of the above material shall be made
available to the Department for review, audit, inspection and copying and shall be produced, upon request by the Assistant District
Engineer — Construction, at the Department General Office, the District in which the Work was performed, or an FHWA office, as
directed. The Contractor shall insert the above requirement in each subcontract and shall also include in all subcontracts a clause
requiring Subcontractors to include the above requirement in any lower-tier subcontract. The Contractor's failure to maintain and
timely provide all requested documents to the Department waives any Claim the basis of which could have, either in whole or in
part, been documented or rebutted by such documents.
Resource Loading documents, financial statements provided by the Contractor, and Escrowed Bid Documents which have
been visibly marked by the Contractor as "Confidential Trade Secrets" shall be deemed confidential as trade secrets and not subject
to inspection pursuant to the Inspection of Public Records Act, NMSA 1978, § 14-2-4. Such information shall not be disclosed by
the Department in response to a request made pursuant to the Inspection of Public Records Act without the written permission of
the Contractor. Such documents may be disclosed to the Department, including any inspector, project superintendent, project
manager, claim consultant, investigator, or testifying or consulting expert, as necessary to perform their duties or as otherwise
required by law.
107.29 ASSIGNING OF CONTRACT
The Contractor may not assign the Contract or assign or delegate any contractual obligation or duty without the prior written
consent of the Department and the Surety. Contractor may not make any assignment, in connection with the Contract, including
assignment of any payment due Contractor or any Claim, for the benefit of any creditor.
107.30 SEVERABILITY AND CONTRACT INTERPRETATION
If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions, or the application of such
provision to either party, shall remain in full force and effect and, if possible, the rights and obligations of the parties are to be
construed and enforced as if the Contract did not contain that term.
If any provision of the Contract is found to be superseded by any applicable state or federal law or regulation or court order, in
whole or in part, then both parties shall be relieved of all obligations under that provision only to the extent necessary to comply with
the superseding law or ruling, provided however, that the remaining provisions of the Contract, or portions thereof, shall be enforced
to the fullest extent permitted by law.
The Contractor agrees that any rule of construction to the effect that ambiguities are to be resolved against the drafting party
shall not be applied in the construction or interpretation of this Contract.
107.31 CHOICE OF LAW
This Contract is govemed by and construed in accordance with the laws of the State of New Mexico.
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The Contractor is wholly and solely responsible and liable for the performance of all Work or any act by its Subcontractors,
Truckers, and Suppliers on the Project.
108.1
SUBCONTRACTING
Any individual, partnership, firm, corporation, or joint venture performing Work on the Project that is not an employee of the
Contractor is a Subcontractor unless otherwise excepted in this Section. A Supplier or Fabricator is not a Subcontractor unless
Work is being performed on the Project.
The Contractor shall perform with its own organization at least 40% of the Work based on the Total Bid Amount. The
Contractor's organization shall include workers employed and paid directly and Equipment owned or rented by the Contractor but
shall not include employees or Equipment of its Subcontractor, assignee, or agent. The Contractor shall submit to the Project
Manager a request for Subcontractor approval before subcontracting Work and shall not circumvent this requirement by placing a
Subcontractors employees on its payroll. The Department will treat a person or group generally operating as an independent
Contractor, as independent Contractors for the purposes of this Section.
The Department will provide the required forms for a list of intended Subcontractors and Material Suppliers in the Bid Package.
The Contractor shall submit this list at the preconstruction conference and update the list as the Work progresses. The Contractor is
responsible for ensuring that its Subcontractors are prequalified by the Department and are also duly licensed for the Work to be
performed on the Project, are registered with all of the state agencies as is required to do business in New Mexico and to perform
Work on Public Works Projects including the New Mexico Taxation and Revenue Department and the New Mexico Department of
Workforce Solutions or successor agencies, and are in compliance with all applicable state and federal laws and regulations
including the New Mexico Public Works Minimum Wage Act. The Contractor shall comply with the New Mexico Subcontractor Fair
Practices Act to the extent it is applicable to the Project.
A Trucker is not a Subcontractor unless the Contractor is using the Trucker to meet the DBE requirement associated with the
Project. A Trucker is an individual, partnership, firm, corporation, or joint venture that transports Materials to and from the Project
and does not perform Work on the Project site. Transportation of Materials within the Project site (e.g. never leaves the Project
limits) is Work performed by the Contractor or a Subcontractor. Transportation of Materials on or off the Project site (e.g. leaving the
Project) does not require a Subcontract.
Liability of the Contractor and the Contractor's Surety under the Contract and the Contract Bonds shall not be waived or
diminished by subcontracting or any other assignment of interest.
The Contractor shall promptly pay its Subcontractors and Suppliers for satisfactory performance of their contracts no later than
seven (7) Days after receipt of Progress Payment for the Subcontractor's Work or Suppliers Materials by the Department. For
purpose of this section, a Subcontractor's portion of the Work is satisfactorily completed when it is Accepted by the Department. In
no event shall the Contractor and its Subcontractors fail to promptly pay their Subcontractors and Suppliers the amounts due for
undisputed Accepted Work within seven (7) Days of the Contractor receiving a Progress Payment from the Department. The
payment by the Department to the Contractor Is not a condition precedent for payment by the Contractor to any Subcontractor or
Supplier. A zero dollar ($0.00) Progress Payment by the Department does not relieve the Contractor from paying the Subcontractor
or Supplier for Accepted Work.
The Contractor's failure to make timely or prompt Subcontractor or Supplier payments for undisputed Accepted Work is a NonConformance and shall result in the Department withholding 25% of the Progress Payment and may result in the Department
rejecting the Contractor's future Bids in accordance with Section 102.5, "Refusal or Rejection of Bids." The Contractor's repeated
failure to make timely Subcontractor payment may lead to Suspension or Debarment in accordance with Section 102.3, "Suspension
and Debarment."
108.2
NOTICE TO PROCEED AND PRE-CONSTRUCTION CONFERENCE
The Department will issue the Notice to Proceed within 30 Days after Contract execution, unless otherwise agreed to by the
parties. The Notice to Proceed will identify the date the Department expects the Contractor to begin Work and the start of Contract
Time. The Contractors commencement of the Work without a Notice to Proceed may be deemed a waiver of this notice and, in the
absence of prior written permission from the Project Manager, shall start the Contract Time. In no event shall the Contractor
commence Work until after execution of the Contract by all parties.
After the issuance of the Notice to Proceed, the Project Manager shall provide written notice to the Contractor of the date, time
and location of the Pre-Construction Conference. The Contractor shall provide an authorized Contract representative and the
Project Superintendent at the Pre-Construction Conference.
The Contractor shall provide the following at a minimum of ten (10) Days before Pre-Construction Conference:
Acceptable Baseline Schedule;
Letters of assignment (official capacity) for Project;
Project Superintendent;
Company and Project Safety Officer;
c. Traffic Control Supervisor (include current certifications and copy of wallet card)
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A list with samples of authorized signatures and assignments for Supplemental Agreements (Change Orders), Progress
Payments, Payrolls and related items:
Additions, revisions deletions to the Traffic Control Plan:
Proposed changes to the project;
Potential problems with the construction of the project;
List of Subcontractors and Material suppliers;
Lump Sum breakdowns;
Weighmasters / Deputy. Weighmaster certifications (must be maintained throughout the duration of the Project);
Progress Payment cutoff date;
Company EEO policy statement;
10 Recruitments letters (attachments E-K of the EEO package);
Superintendent's indoctrination letter (attachment D of EEO package);
On-the-job training letter (Attachment R of the EEO package);
a. The trainee classification letter must include the number of trainees to be trained, the training program to be used,
the classification of each trainee and the approximate start date;
13 the completed Civil Rights / EEO Pre-Construction Report. Complete and sign the portions that are applicable
Department Project personnel;
Pre-Construction safety questionnaire; and
Other items and any other documents required by the Contract or as directed in the Project Managers notice of Pre
Construction.
9.
Failure by the Contractor to provide the above listed items a minimum of ten (10) Days before the Pre-Construction Conference
may result in the Contractor being in default of Contract pursuant to Section 108.9 "Default of Contract." Contract Time shall
commence as indicated in the Notice to Proceed and no additional Contract Time will be granted. The Contractor shall not
commence Work until the required items are provided to the Project Manager and Accepted.
108.3
SCHEDULE
108.3.1
Baseline Schedule
The Project shall utilize a CPM format as the Baseline Schedule unless otherwise specified in the Contract.
The Project Manager will notify the Contractor in writing within ten (10) Days of the submittal of a Baseline Schedule if the
schedule is "Accepted," "Accepted as noted", or is "rejected." Unless otherwise specified in the Contract, the Contractor is wholly
and solely responsible for construction means, methods or techniques, therefore the Project Manager's review of the Baseline
Schedule will be for compliance with the Specifications and Contract requirements. Acceptance by the Project Manager shall not
relieve the Contractor of any of its responsibilities for the accuracy or feasibility of the schedule. Any Baseline Schedule which alters
Contract Time shall be deemed "rejected." In no event, may approval of a Baseline Schedule revise the Contract Documents,
including Contract Time, unless accompanied by a related Change Order. The Contractor shall not commence Work until the
Project Manager Accepts a Baseline Schedule.
The Department will use the Baseline Schedule to establish major construction operations, to determine Contract Time
extensions, and to measure the progress of the Work. The Contractor shall be responsible for assuring all Work, including all
Subcontractor Work, is included in the Baseline Schedule. The Contractor shall be responsible for assuring that all Work sequences
are logical and that the Baseline Schedule indicates a coordinated plan. Failure by the Contractor to include any element of Work
required for performance of the Contract shall not excuse the Contractor from completing all Work within the required time.
For Baseline Schedules that are "rejected", the Project Manager shall communicate, in writing, to the Contractor all portions of
the schedule that are not in compliance with the Contract requirements. The Contractor shall, within seven (7) Days of receipt of the
reasons for rejection of the schedule, provide a new Baseline Schedule and all additional information necessary for the Project
Manager to "Accept" the Baseline Schedule. The Project Manager will notify the Contractor in writing within seven (7) Days of the
submittal of the corrected Baseline Schedule if the schedule is "Accepted," "Accepted as noted", or is "rejected." The Contractors
failure to provide a timely and Acceptable new Baseline Schedule in response to a rejected schedule waives any Claim the basis of
which would have been documented by an Acceptable Baseline Schedule.
108.3.1.1 CPM Baseline Schedule
Unless otherwise specified in the Contract the Contractor shall provide a CPM Baseline Schedule which clearly describes the
following:
A reasonable and workable plan to complete the Work within the Contract Time;
The order and relationships of activities and the sequence of the Work;
Activities in a format prescribed by the Department so the Department can readily identify the Work and measure the
progress of each activity:
The Project's critical path;
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The milestones or other key dates specified in the Contract; and,
Logic diagrams.
The CPM Baseline Schedule shall consist of network diagrams and associated bar graphs and shall include a tabulation of
each activity shown on the detailed network diagrams. Provide, at a minimum, the following information on the CPM Baseline
Schedule:
Activity description;
Early start date (each activity);
Late start date (each activity);
Original duration, in workdays (each activity);
Total float and free float (each activity);
Sequence and interdependence of activities;
Workdays each week;
Contractor designated holidays;
Number of shifts per Day;
Number of hours per shift;
Scheduled Completion Date;
Anticipated weather events based on historical data; and
13. Resource Loading.
The CPM Baseline Schedule shall include a report of projected Project completion, measured in dollars and time, on a monthly
basis or at each Progress Payment cut-off date. Float contained in the CPM Baseline Schedule is not for the exclusive use or
benefit of either the Department or the Contractor.
108.3.2
Schedule Format
108.3.2.1 CPM Schedule Format
The Project shall utilize a CPM format as the Baseline Schedule unless otherwise specified in the Contract.
The Contractor shall prepare and submit one (1) electronic copy and two (2) time-scaled color prints of the CPM Baseline
Schedule, updated monthly schedule, and revised schedules using a Project scheduling software as directed by the Department
that includes the following features:
Ability to display the schedule as a Gantt chart;
Ability to clearly display the critical path of scheduled activities apart from the non-critical scheduled activities;
5.
Ability to calculate and display total float and free float for each activity;
Ability to clearly display the early start, late start, early finish and late finish dates for each activity; and,
Ability to easily store and transfer the schedule as a file (or files) from one computer to another.
108.3.2.2 Bar Graph Baseline Schedule
If required by the Contract the Contractor shall submit the Baseline Schedule in bar graph form. The Baseline Schedule shall
list Contract features or Work activities in sufficient detail to show a reasonable and workable plan to complete the Project within the
Contract Time. The Contractor shall show the following on the bar graph Baseline Schedule:
Each Work activity as a bar;
Each activity's planned start and Completion Dates;
Each activity's estimated cost and percent of Total Bid Amount;
The overall Project cost;
The planned Project Completion Date;
The monthly projected percent complete in time and dollars;
A plot of the monthly projected percent complete (in dollars) superimposed on the bar chart; and,
Any approved Project suspensions and time extensions.
108.3.3
Monthly and Revised Schedules
For this Section "schedule" refers to CPM or Bar Graph as required by the Contract. Each activity in a monthly or revised
schedule shall contain the same information required for the Baseline Schedule. The Contractor shall include in the schedule a
report of projected percent complete, measured in dollars and time. An Acceptable schedule shall conform to Section 108.3.1
"Baseline Schedule." In no event may Acceptance of a schedule revise the Contract Documents, including Contract lime, unless
accompanied by a related Change Order. Any monthly or revised schedule which alters Contract Time shall be deemed "rejected."
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If the Contractor fails to timely submit an updated or revised and Acceptable schedule, the Department shall withhold 25% of
the Progress Payment as a Non-Conformance. The Department may suspend the Work pursuant to Section 105.1.2 "Department
Authority to Suspend Work" for failure to submit the monthly schedule update or revision. Repeated failure to provide timely and
Acceptable monthly or revised schedules may result in the Department rejecting the Contractor's future Bids in accordance with
Section 102.5, "Refusal or Rejection of Bids." The Contractors repeated failure to provide timely and Acceptable monthly or revised
schedules may lead to Suspension or Debarment in accordance with Section 102.3, "Suspension and Debarment." Failure to timely
provide a monthly or revised schedule waives any Claim the basis of which would have been documented by an Acceptable monthly
or revised schedule.
Float contained in the updated or revised Schedule is not for the exclusive use or benefit of either the Department or the
Contractor, except as follows: float generated on critical path activities due to the acceleration of the Contractor's performance, at
the written direction of the Project Manager, shall be for the exclusive use of the Department; and, float generated on critical path
activities due to the reduction or elimination of items including any time associated with VECP shall be for the exclusive use of the
Department.
The Department may grant time extensions only to the extent that the activities on the critical path of the CPM Baseline
Schedule in effect at the time of the delay are impacted.
108.3.3.1 Monthly Schedule Update.
The Contractor shall submit an updated schedule monthly a minimum of five (5) Days before the Progress Payment date.
Failure by the Contractor is a Non-Conformance and 25% of the Progress Payment shall be withheld.
108.3.3.2 Contractor's Independent Duty to Provide Schedule Revisions:
The Contractor shall provide a revised schedule and recovery plan to the Project Manager within five (5) Days of when it
becomes apparent, or should have become apparent, to the Contractor that the Contractor cannot complete the Work within the
Contact Time, when a noncritical item has become critical, or cannot meet the schedule due to the following: Section 104.2
"Significant Changes in Character of Work", Section 104.3 "Differing Site Conditions", Section 104.4 "Extra Work", Section 107.12
"Environmental, Hazardous Materials and Cultural Resource Discoveries", or any other cause which may give rise to a Claim.
If the Contractor's Work falls behind schedule the Contractor shall take such steps as may be necessary to mitigate damages
and improve its progress including development of a recovery plan. For an Excusable Delay, Noncompensable Delay, Concurrent
Delay, Nonexcusable Delay, or Inexcusable Delay, as those terms are identified in Section 109.11, "Compensation for Claims," the
Contractor shall consider as a minimum the following potential schedule mitigation techniques: increase the number of shifts, begin
overtime operations, work extra days including weekends and holidays, or supplement its construction plant and submit, as provided
in this Section, a revised schedule with a proposed recovery plan. as may be deemed necessary to demonstrate the manner in
which the agreed rate of progress shall be regained, all at no cost to the Department. If the Delay cannot be mitigated, the
Contractor shall promptly submit either a written request for an extension of the Contract Time pursuant to Section 105.19, "Notice
of Potential Claim," and Section 105.20, "Administrative Remedy," or request approval of a late completion schedule and shall be
liable for liquidated damages.
The revised schedule shall show Contract Time, Project completion date and all additional information necessary for the
Project Manager to "Accept" the revised schedule. The Contractor's failure to provide a timely and Acceptable revised schedule
waives any Claim the basis of which would have been documented by an Acceptable revised schedule.. The Project Manager will
provide the Contractor with a decision in writing within ten ( / 0) Days of receiving the revised schedule. The revised schedule shall
become the current Accepted Baseline Schedule.
108.3.3.3 Schedule Revisions at Request of Department:
If it becomes apparent to the Department that the Contractor cannot meet the schedule, or that a noncritical item has become
critical. the Project Manager may request a schedule revision and recovery plan from the Contractor. The Contractor shall, within
five (5) Days of receipt of the request provide a revised schedule showing Contract Time, Project completion date and all additional
information necessary for the Project Manager to "Accept" the revised schedule. The Contractor's failure to provide a timely and
Acceptable response waives any Claim the basis of which would have been documented by an Acceptable revised schedule. The
Project Manager will provide the Contractor with a decision in writing within ten (10) Days of receiving the revised schedule. The
revised schedule shall become the current Accepted Baseline Schedule.
108.3.3.4 Schedule Update and Revision Information:
The Contractor's updated monthly and revised schedules shall conform to the requirements of Section 108.3.1 "Baseline
Schedule" and shall show:
Actual start and finish dates of each activity;
Remaining duration of activities started but not yet completed;
Delays and changes resulting from the addition, deletion or revisions to activities due to the issuance of a Change Order,
change to an activity duration, changes to relationship between activities or changes to the planned sequence of work or
the method and manner of its performance; and
Narrative report describing;
a. Processes during the month;
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Shifts in the critical activities from the previous update;
f.
Sources of delay;
Potential problem areas;
Work planned for the next update period; and
Changes made to the schedule.
108.4 UNSATISFACTORY PROGRESS OF WORK
The progress of the Work is deemed unsatisfactory when:
The dollars earned by the Contractor on the Project are 15% less than the estimated dollars earned, as shown on the
current Accepted baseline progress schedule;
When the start of an activity on the critical path, as shown on the current Accepted progress schedule, has exceeded its
late start date by seven (7) Days;
When an activity on the critical path, as shown on the current Accepted progress schedule, has exceeded its original
duration by ten (10) or more Days; or,
When the Project Manager determines that the progress of work is unsatisfactory.
The Project Manager shall issue a notice of unsatisfactory performance to the Contractor by certified mail and identify the
unsatisfactory performance.
When the progress of the Work is deemed unsatisfactory the Project Manager and the Contractor shall meet to address the
schedule within five (5) Days. The Contractor shall provide a revised schedule with a narrative addressing Project progress
compliance or anticipated liquidated damages. The Department's approval of a late completion schedule will not operate as a
waiver of the Department's right to assess liquidated damages. If a resolution cannot be determined within five (5) Days, the Project
Manager will issue a notice to the Contractor and Surety of unsatisfactory performance.
The Contractor shall bring progress into compliance in a time frame determined by the Project Manager, not to exceed 30
Days and at no additional cost to the Department. Failure to return the Project into compliance may result in any or all of the
following:
Suspend or debar the Contractor in accordance with Section 102.3, "Suspension and Debarment"
Withhold Progress Payments in the amount of the projected liquidated damages and withhold 25% of Progress Payments
pursuant to Section 109.8, "Progress Payments";
The Contractor being declared in default pursuant to Section 108.9, "Default of Contract";
Rejection of the Contractor's bids; and,
5. Other administrative actions that the Project Manager deems appropriate and in the best interest of the public and the
Department.
108.5 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT
108.5.1 Character of Workers
The Contractor shall provide the resources necessary to complete the Work as specified. The Contractor shall ensure workers
have the experience and skills to perform assigned Work.
The Contractor shall remove employee(s) who performs the Work in an unskilled manner or who is intemperate or disorderly.
The Contractor shall rehire these employees only with the Project Managers written permission.
The Project Manager may suspend Work for failure to remove any employee(s) or to furnish suitable and sufficient personnel
necessary to perform the Work.
108.5.2 Methods and Equipment
The Contractor shall use Equipment of the size and mechanical condition to produce the Work. The Contractor shall ensure
that the Equipment does not damage the Roadway, adjacent property or other Highways, Streets, or Roads.
The Contractor shall request permission in writing to use methods or Equipment other than those specified; describe the
proposed methods and Equipment to be used and the reasons for the change. The Contractor shall perform Work under original
Basis of Payment and Contract lime. The Contractor shall discontinue use of alternate methods or Equipment when Work does not
meet Contract requirements. The Contractor shall remove and replace or repair deficient Work at Contractor's expense.
108.6 DETERMINATION AND EXTENSION OF CONTRACT TIME
The Department will provide the Contract Time in the Invitation for Bids and on the Bid Form. If the Contract contains a
Mandatory Completion Date, the Project must be Substantially Complete by that date.
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The Project Manager will provide the Contractor with a weekly statement showing the Contract lime, the number of Days
charged to the Contract for the preceding week, the accumulated Days charged, and the number of Days remaining to complete the
Work. The Contractor shall have seven (7) Days after receipt of the statement to file a written protest of Days charged. If the
Contractor fails to timely file a written protest, the statement is deemed accepted by the Contractor.
The Contractor is not entitled to a Partial Suspension during periods of traffic control operations or when working on any critical
path activities. Partial suspension shall be lifted if the Contractor works on critical path activities and the Project Manager shall
commence the Day count.
Quantity overruns in Contract Items that do not significantly change the character of the Work in accordance with Section 104.2
"Significant Changes in the Character of the Work", shall not result in an extension of Contract Time. If completion of the Contract
requires Extra Work that impacts the critical path, the Contractor shall provide the Department an updated progress schedule and
narrative requesting additional Contract Time associated with the Extra Work. Upon adequate justification by the Contractor the
Department will determine if any adjustment in Contract Time is warranted.
Any request for additional Contract Time shall be made pursuant Section 105.19 "Notice of Potential Claim."
If the Project Manager rejects a time extension request, the Contractor may proceed in accordance with Section 105.20,
"Administrative Remedy."
When the Project Manager completes the final inspection in accordance with Section 109.10 "Project Closure", the daily time
charge will stop on the date the Contractor completes all pay items, as determined by the Project Manager, or in accordance with
Section 109.10.3 "Termination of Contract Time".
108.7 FAILURE TO COMPLETE ON TIME
Liquidated damages shall be assessed for each Day the Work remains incomplete after Contract Time has expired, including
approved time extensions.
The Department may suspend time charges on the Contract when the Project is Substantially Complete.
For Work that remains incomplete after the Contract Time expires, the Department shall deduct an amount (in accordance with
Section 108.8, "Liquidated Damages") from dollars due the Contractor, not as a penalty but as liquidated damages.
The Department does not waive its rights under the Contract by allowing the Contractor to finish the Work after the expiration
of Contract Time, including approved extensions.
108.8 LIQUIDATED DAMAGES
Time is an essential element of the Contract, and it is important that the Contractor pursue timely completion of the Work. The
Department's Contract administration costs, including engineering, inspection, and supervision, will be increased as the time to
complete the Work increases. The public is impacted and inconvenienced when a Project is incomplete and not available for use.
The Contractor agrees that the following schedule of liquidated damages, unless otherwise specified in the Contract,
represents the reasonable projected value of inconvenience and monetary damage to the public and the Department if the
Contractor does not complete the Project within the Contract Time and does not operate as a penalty to the Contractor:
Schedule of Liquidated Damages
Charge (S) per Day
Total Original Contract Amount (S)
500
1,000
1,500
2,000
2,500
3,000
4,000
5,000
5100,000
>100,000-500,00
>500,000-1,000,000
>1,000,000-2,000,000
>2,000,000-4,000,000
>4,000,000-7,000,000
>7,000,000-10,000,000
>10,000,000
The Department shall withhold payment under the Contract and may seek performance from the Contractors Surety to cover
the liquidated damages. The Department shall continue to assess liquidated damages until Physical Completion in accordance with
Section 109.10 "Project Closure." When the Project Manager issues the notice of completion and final Acceptance, further
assessment of liquidated damages will stop.
If the amount of Liquidated Damages meets or exceeds the remaining dollar amount of Work remaining on the Contract the
Department shall cease Progress Payments. The Contractor remains contractually obligated to complete the Work remaining on
the Project. The Contractor shall reimburse the Department for any Liquidated Damages exceeding the dollar amount withheld from
the Contractor within 30 Days of Physical Completion.
108.9 DEFAULT OF CONTRACT
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5C,
The Department may declare the Contractor in default of the Contract if the Contractor:
Fails to perform the Work with sufficient resources (supervision, workers, Equipment, or Materials) to assure the
completion of the Work;
Performs the Work unsuitably, or neglects or refuses to remove Materials or to correct rejected Work;
11
Fails to begin the Work within the time specified in the Notice to Proceed;
Discontinues the Work;
Fails to resume discontinued Work after the Department issues a request to resume Work;
Becomes insolvent or is declared bankrupt, or files for reorganization under the bankruptcy code, or commits any act of
bankruptcy or insolvency, either voluntarily or involuntarily;
Allows a final judgment, in a suit filed in connection with this Contract, to stand unsatisfied for 30 Days;
Makes an assignment, in connection with the Contract, for the benefit of its creditors;
Fails to carry on the Work in an Acceptable manner in accordance with the Contract; •
Fails to comply with Contract requirements or willfully violates any term or condition of the Contract;
Fails to perform the Work or maintain the Project in compliance with Federal and New Mexico Occupational Health and
Safety laws and regulations;
Fails to observe or comply with Federal and New Mexico laws and regulations, local laws and ordinances,
Is debarred or suspended in accordance with the Section 102.3, "Suspension and Debarment", or is suspended or
debarred by any federal agency;
Communicates that the Contractor may not perform under the Contract; or,
Fails to promptly pay a Subcontractor or Supplier for undiputed Accepted Work in accordance with Section 108.1.,
"Subcontracting";
The Project Manager will provide written notice to the Contractor and the Contractor's Surety of Contractor's delay, neglect,
apparent default, or anticipatory repudiation. This notice will specify the Contract provisions that the Contractor violated and the
corrective measures to be taken by the Contractor. When reasonable grounds for insecurity arise with respect to the performance
of the Contract by the Contractor, the Project Manager may, in writing, demand adequate assurance of due performance and until
such assurance is received may suspend any Department performance. If the Contractor or Surety does not proceed with the
corrective measures within ten (10) Days, or when demanded fails to provide adequate assurance of due performance, after
receiving the notice, the Department, upon written notification from the Project Manager, has full power and authority, without
violating the Contract, to declare the Contractor in default, to remove the corrective measures from the Contractor, and to demand
compliance by the Surety of the terms, conditions, and obligations contained in the Performance Bond.
If the Department determines that the Contractor is in default the Surety shall complete the Work at its own expense pursuant
to the Contract and receive the balance of any funds owing to the Contractor. If the Surety fails to complete the Work, the
Department may complete the Project with its forces or may obtain another Contractor to complete the Work. The Department will
deduct costs and charges that the Department incurs as a result of the default and the cost of completing the Work from Contract
funds due to or which may become due to the defaulting Contractor or Surety. If the total costs for completing the Work exceeds the
amount that would have been payable under the Contract, the defaulting Contractor and the Surety shall be jointly and severally
liable for the excess costs.
108.10
TERMINATION OF CONTRACT; NO FAULT OF CONTRACTOR
The Department may terminate, by written order, all or part of the Contract, after determining the following:
That the Contractor is prevented from proceeding with or completing the Work as originally contracted for reasons beyond
the control of the Contractor; or
That termination would be in the public interest;
Reasons for termination may include, but are not limited to, the following:
5.
Executive orders of the President of the United States relating to war or national defense;
A national emergency that creates a serious shortage of Materials, as deemed by the Secretary;
Orders from duly constituted authorities relating to energy conservation;
Restraining orders or injunctions obtained by third party citizen actions resulting from national or local environmental
protection laws or where the issuance of the order or injunction is primarily caused by acts or omissions of persons or
agencies other than the Contractor; or,
To correct any material errors or omissions in the Plans or to correct any discrepancy or contradictions within the Contract
discovered after execution of the Contract by both parties and which could not have been discovered through the exercise
of Pre-Bid Due Diligence, the failure of which to correct is likely to lead to Contractor Delay, a Claim for additional time, or
a Claim for compensation which may exceed the costs recoverable under this Section.
When the Department orders a Contract termination effective on a certain date, it will pay for the actual number of units or
items of Work completed at the Bid Item Unit Price or as mutually agreed for items of Work partially completed or not started. For
pay items eliminated by the termination, the Department will pay for items eliminated in their entirety in accordance with Section
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aZ
109.7, "Eliminated Items."
The Department may obtain from the Contractor, at a negotiated cost, Acceptable unused Materials obtained by the Contractor
for but not incorporated into the Work. The Contractor shall deliver this Material to a prescribed location or dispose of it as mutually
agreed.
After the Contractor receives the termination notice from the Department, the Contractor shall submit any Claim for additional
damages or costs within 30 Days of the date of the Contractor's termination or shall waive such Claim. The Contractor shall submit
the Claim in accordance with Section 105.19 "Notice of Potential Claim," and Section 105.20 "Administrative Remedy." The Claim
shall be limited to the following cost items:
Idle Equipment time using standby-time rental rates at 50% of the Blue Book Equipment rental rate, without the cost of
operating personnel;
Actual and direct Mobilization costs;
Bidding and Project investigative oasts:
Accounting charges involved in Claim preparation;
Unpaid Supplier costs;
Idle labor costs if Work is stopped in advance of termination date;
Guaranteed payments for private land usage as part of original Contract; and
An additional 10% of the total of the above items 1, 2, 5, and 6 to cover home office overhead and salaried labor
expenses.
The Contractor shall provide those records required by Section 105.20.1, "District Level," to the Department to determine the
validity and amount of each Claim item. The Contractor shall not be entitled to recover anticipated loss of profits or any category of
damages excluded pursuant to Section 109.11, "Compensation for Claim,"
Full or partial Contract termination does not relieve the Contractor of its contractual responsibilities for the completed Work, nor
will it relieve the Surety of its obligation for Claims arising out of the completed Work.
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68
SECTION 109: MEASUREMENT AND PAYMENT
109.1 MEASUREMENT OF QUANTITY
Work performed under the Contract shall be subject to the definitions of quantity in this Section. The Department will measure
Pay Items in accordance with the Pay Units listed in the respective "Basis of Payment" provisions at the end of each Section within
Divisions 200 through 900.
The Department cautions the Bidder to carefully read the Bid Package to determine units of measurement deviating from the
following standard terms. If the Bid Package has a special reference to terms for measurement, the Bid Package will supersede the
following terms and will control. Otherwise, the following terminology controls:
The distance between stations is 100 feet, measured longitudinally;
Longitudinal measurements are along and parallel to surfaces, not horizontal. For pay items measured by the square
yard, the Department will make no deduction for fixtures in the Work with areas less than one (1) square yard;
Transverse measurements for areas of Base Course and pavements are the neat line dimensions shown on the
Plans based on the average width of the installed Material along the centerline of the Roadway;
Structures are measured according to the neat lines shown on the Plans or as provided by the Department;
c. For pay items measured by the foot, measurements are parallel to the base or foundation;
The volume of excavation is calculated by using the average end area method, the prism modular method, or other
Project Manager approved methods;
A ton equals 2,000 lb; a "barrel" equals 376 lb of cement; a "sack" equals 94 lb of cement;
Timber and lumber (permanently incorporated in the Project) is measured by the foot, and measured on nominal widths
and thickness and the length of each piece. The Department will Accept lumber and timber conforming to the American
Lumber Standards for rough and dressed sizes, as specified in the Contract;
Standard manufactured items, identified by unit weight or section dimensions, are measured using nominal weights or
dimensions. The Department will Accept manufacturing tolerances established by the industries involved, unless
otherwise stated in the Contract.
Asphalt Materials are measured by the ton. The weight is based on net certified scale weights or weights calculated from
certified volumes. The certified weights or volumes are subject to inspection and adjustment at the point of delivery
Portland cement is measured by the ton, barrel, or sack in accordance with the Bid Package. The Department will use the
net certified scale weight of portland cement as the basis of measurement, subject to inspection and adjustment at the •
point of delivery;
9. Materials that are measured by weight shall be measured and proportioned by weight using certified and accurate scales
that are within tolerances established by state law.
The Contractor shall provide scales or use commercial scales;
Scales shall be sealed at least once every 12 months or each time the scales are relocated, or as directed by the
Project Manager;
Weighmasters (including Deputy Weighmasters), provided by the Contractor and certified by the NMDA, shall
operate the scales. The certified weighmasters shall perform their duties in accordance with the regulations of the
NMDA, Division of Standards and Consumers Services. The cost of the certified weighmasters, weighmasters'
scales, scale tickets, scale house, and verification of the scale's accuracy is included in the Bid Item Price for the
weighed Material;
Empty vehicles used to haul Material paid by weight shalt be weighed at least twice daily, at a minimum once prior to
initial Material delivery and once prior to final Material delivery. The Contractor shall ensure vehicles bear legible
identification marks. On a daily basis the Contractor shall provide the Project Manager with a written list of delivery
vehicles showing identification marks, number of axles, the distance between extreme axles and daily tare weights.
The Contractor shall update this information before delivery of the Material and when the Contractor changes
vehicles, combination vehicles, or axle length relationships;
The Department may convert weight to volume, or volume to weight, for payment purposes. The Project Manager
will determine the factor(s) for conversion using an acceptable method and obtain the Contractors agreement before
conversion;
The operator of each weighed vehicle shall obtain a scale ticket (certificate of correct weight) from the weighmaster
and deliver the ticket to the Project Manager or designee at the point of delivery. The following information shall be
included on the scale ticket:
Project number;
Date;
Ticket number;
Truck / Trailer unit number;
Gross weight;
Tare weight;
Net weight;
Material type;
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11.
109.2
Certified weighmaster's name;
Signature of weighmaster; and
Whether the driver was on or off the scale during weighing.
APPROVED EQUIPMENT RENTAL RATES
Equipment rental rates shall be paid as shown in the Blue Book in effect at Advertisement date.
The rates in the Rental Rate Blue Book reflect current ownership, overhead and operation costs, based on the average hours
of operation per year. The rates do not include operating personnel. The ownership cost represents the total cost of depreciation,
interest, insurance, taxes, storage, etc., calculated to an hourly rate. Estimated operating cost per hour includes fuel, lubricants,
tires, and other operating expendables, e.g. the percentage of mechanics' wages chargeable to preventive and field maintenance.
The current Blue Book applies to machinery or special Equipment (other than small tools) and transportation authorized by the
Project Manager.
The Blue Book rates shall be used for the actual time the Equipment is in operation. The Department will add 15% only to the
Equipment rental rates. The Department will apply Equipment rental rates pursuant to the Blue Book and in accordance with the
following criteria:
The manufacturers identification plates on the Equipment will be used to identify the Equipment and its capacities. If the
Equipment does not have these plates, the Contractor shall provide written statements certifying the Equipment
identification and capacity as shown on the Contractors Equipment inventory. The Contractor shall submit the type,
capacity, and horsepower of each piece of Equipment, to correlate with the Blue Book schedule. The Blue Book reflects
the maximum rates for Equipment of modern design and in good-working condition;
The Blue Book lists common pieces of Equipment. If the Blue Book does not list a piece of Equipment the use of the Blue
Book rental rate for a comparable piece of Equipment shall be used as approved by the Project Manager. If no
comparable piece of Equipment is identified in the Blue Book the Project Manager may negotiate a rental rate with the
Contractor at a fair market rental rate;
If a piece of Equipment, not available on the Project, requires hauling onto the Project, the Contractor shall include the
actual transportation cost (in and out). The Department will pay the transportation cost for each piece of Equipment once.
Under unusual circumstances the Contractor may provide to the Department written justification for additional
transportation costs;
The Contractor shall only be paid the operating rate for those hours the Equipment is actually in use. A standby rate for
Equipment required to be at the Work site but not operating may by paid by the Department if agreed to in writing in
advance by the Project Manager in which case the Department will pay for standby Equipment using standby-time rental
rates at 50% of the Blue Book Equipment rental rate, without the cost of operating personnel.
The regional difference percentage, as described in the Blue Book does not apply. However, the factors in the Rate
Adjustment Tables of the Blue Book do apply;
Overtime, as described in Blue Book does not apply. The Department will pay for Equipment used on Extra Work at the
regular hourly rate in accordance with the rate provided in the Blue Book.
109.3
SCOPE OF PAYMENT
The Contractor shall receive and accept compensation in accordance with the Bid for performing the Work in an Acceptable
manner. The compensation associated with the Bid shall include the risks, losses, damages and expenses that, when considering
the nature of the Work and having exercised Pre-Bid Due Diligence, should have been reasonably expected by the Contractor in
prosecuting the Work.
The Department will pay for the approved actual quantities of Material incorporated into the Work unless otherwise provided in
Method of Measurement.
The Department will only pay for Pay Items listed in the Contract in accordance with the "Basis of Payment" provisions. The
Department will not pay separately for Work Incidental to the completion of a Pay Item, or pay for the Incidental Work under another
Pay kern; except as provided in Section 104.6, "Rights in and Use of Materials Found on the Work."
The Contractor shall not receive payment for corrective Work. Corrective work is Work required by the Department to make
previously unacceptable Work Acceptable.
The Department may Accept portions of the Work at an adjusted price in accordance with the relevant Pay Adjustment
provisions in the Contract. The adjusted price only applies to the specific Accepted portion of Work.
109.4
COMPENSATION FOR OVERRUN / UNDERRUN QUANTITIES
The Department will pay the Contractor for the actual quantities of Material used in the Work and Accepted by the Project
Manager. If the Accepted quantities of Work vary from the quantities in the Contract, the Contractor shall accept, as payment in full,
payment based on the Bid Item Unit Price for the Accepted quantity.
109.5 PAYMENT FOR CHANGES, DIFFERING SITE CONDITIONS, AND EXTRA WORK
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The Department will pay the Contractor for Extra Work and Work resulting from significant changes in the character of the
Work or differing site conditions in accordance with Section 104.2, "Significant Changes in the Character of Work," Section 104.3,
"Differing Site Conditions," or Section 104.4, "Extra Work," and by Change Order, based on the following order of priority for
payment:
Bid Item Unit Prices;
Negotiated unit prices;
Negotiated lump sum; or
Force Account.
For Items of Work performed by the Contractor, the negotiated unit price or negotiated lump sum price shall include all costs
associated with the Work. If Subcontractors perform Work as Extra Work, the Department shall only compensate the Contractor an
additional ten (10) percent of the total actual cost of the subcontracted Work for indirect and administrative costs.
109.6
FORCE ACCOUNT
If Work is paid by Force Account, the Department will pay the Contractor in accordance with the following Sections. If
Subcontractors perform Work by Force Account, the Department shall only compensate the Contractor an additional ten (10)
percent of the total cost of the subcontracted Work for indirect and administrative costs.
If the Contractor submits a timely notice of potential claim in accordance with Section 105.19, "Notice of Potential Claim," the
Project Manager may, without admitting liability for the Claim, direct the Contractor to keep a complete and accurate account, in
detail, of the cost of doing the Work on a Force Account basis. Failure to maintain records on a Force Account basis when so
directed by the Project Manager shall waive any associated Claim by the Contractor.
109.6.1
Labor
The Department will pay the Contractor for labor, the wage rate for Force Account Work actually paid by the Contractor during
the pay period ending before the issuance of the Change Order authorizing the Force Account Work. Such payment shall include
Work by supervisors in direct charge of the Force Account Work. If there is no wage rate for a labor classification needed to perform
the type of Work required, the Department and Contractor will negotiate and document a new wage rate before beginning the Force
Account Work.
Labor shall also include, and the Department will reimburse for, the following actual reasonable costs paid to (or on behalf off
workers:
3.
4
Subsistence and travel allowances;
Health and welfare benefits;
Pension fund benefits; and
Other benefits required by collective bargaining agreements or other employment Contract, applicable to the class of
labor.
The Department will pay an additional 35% of the labor cost for overhead and profit.
109.6.2
Bond, Insurance, and Tax
The Department will pay the Contractor either:
Option 1
The actual cost of the following, plus 6%:
Property damage, liability, and workers compensation insurance premiums;
Unemployment insurance premiums or contributions;
Applicable payroll taxes (not including gross receipts taxes); and
Social Security taxes.
To recover actual costs, the Contractor shall provide satisfactory evidence of the rate(s) it has paid for bonds, insurance, and
taxes.
Option 2
In lieu of supplying the above evidence and recovering actual costs:
The Contractor shall receive payment at a rate representing 30% of the labor costs for labor burden; and
The Contractor shall also receive payment for 1% of the total Force Account amount for the Contract Bonds.
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109.6.3
Materials
The Department will pay the Contractor the actual cost of Materials Accepted by the Project Manager and incorporated into the
Force Account Work, including transportation charges paid by the Contractor (exclusive of Equipment rentals), plus 15% of the
Material cost.
109.6.4
Equipment
For machinery or special Equipment (other than small tools as defined by the Blue Book), including fuel and lubricants and
transportation costs, the Department will pay rental rates as determined in accordance with Section 109.2, "Approved Equipment
Rental Rates," unless otherwise agreed in writing.
109.6.5
Miscellaneous
The Department will not pay for other costs not specifically addressed in Section 109.6 "Force Account?
109.6.6
Documentation
The Contractor shall compare and reconcile records with the Project Manager daily, or as otherwise directed by the Project
Manager, to determine the amount of Force Account Work completed by the Contractor as authorized by the Force Account Change
Order.
109.6.7
Statements
The Department will not pay for Work performed by Force Account until the Contractor furnishes the Project Manager with
itemized statements of the cost of the Force Account Work detailed as follows.
Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman;
Equipment brand, year of manufacture, attachments, operating specifications, dates of use, daily hours, total hours,
current Blue Book rental rate, and rate of applicable attachment for each piece of Equipment;
Quantities of Materials and prices; and,
Transportation of Materials.
Statements shall be supported by receipted invoices for all Materials used and for transportation charges. For in-stock
Materials, the Contractor shall provide an affidavit certifying that such Materials were taken from the Contractor's stock, that the
quantity claimed was actually used and that the price and transportation claimed represent the actual cost to the Contractor.
The total payment made as provided above shall constitute full compensation for Force Account Work authorized in writing by
•
the Department
109.7
ELIMINATED ITEMS
Should Pay Items contained in the Contract become unnecessary for the reasonable completion of the Work, the Project
Manager may direct the Contractor, in writing, to eliminate Pay Items from the Contract. This written notification will not invalidate
the Contract. The Department will reimburse the Contractor for actual Work completed before the written notification at Bid Item
Unit Price.
The total cost of return freight, handling and restocking for Materials associated with that eliminated Work will then be
increased by 15%. If Materials cannot be returned, the Department will pay for said Materials at Contractor's actual cost and take
ownership.
109.8
PROGRESS PAYMENTS
The Department will make Progress Payments at least once each month as the Work progresses. The Project Manager will
prepare and post Progress Payments based on estimates of the value of the Work performed and Materials complete-in-place, and
in accordance with Section 109.9, "Stockpile" and minus price reductions within five (5) Days of the estimate cut-off date.
The Department will include in the Progress Payments monies associated with accepted fully executed Change Orders, this
shall be included within the next regularly scheduled Progress Payment or within 60 Days.
The Project Manager shall process a Progress Payment on a monthly basis regardless of the dollar amount, including zero
dollar ($0.00), owed the Contractor. The Department will not make a payment when the total value of the Work completed since the
last Progress Payment is less than $1,000.00 unless the Contractor requests such payment in writing and the Project Manager
approves such payment.
109.8.1
Retainage
The Department will make Progress Payments to the Contractor in accordance with Section 109.8 "Progress Payments". The
Department will pay 100% of the value of Work performed and Materials complete in place in accordance with Section 109.9,
"Stockpile", until the sum of the Progress Payments made equals 95% of the Total Original Contract Amount as amended by
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Change Order. The Department will continue to make additional Progress Payments in the sum of zero dollars ($0.00) after the
Total Original Contract Amount as amended by Change Order equals 95% and until the Contractor completes the Work In an
acceptable manner. The 5% retained when the Progress Payments equals 95% of the Total Original Contract Amount as amended
by Change Order is the amount considered necessary to protect the interests of the public and the Department; those interests
include ensuring that the Work is Acceptable, on schedule, in compliance with the Contract, and that the Work reaches Substantial
Completion and final Acceptance. Subject to other deductions the amount retained shall be provided to the Contractor in
accordance with Section 109.10 Project Closure?
Non-Conformance
109.8.2
If the Contractor fails to comply with all material terms and conditions of the Contract the Department shall withhold an additional
25% as a Non-Conformance from each Progress Payment and subsequent Progress Payments in addition to Retainage until the
Contractor fully complies with the Contract. Release of Non-Conformance withholdings shall be processed at the next scheduled
Progress Payment after the resolution of the Non-Conformance.
Nothing in this section prevents the Department from withholding application and certification for payment because of the
following: unsatisfactory job progress, defective construction not remedied, disputed Work, third party claims filed or reasonable
evidence that a Claim will be filed, failure of the Contractor to make timely or prompt payments for labor, Equipment, and Materials,
damage to the Department, reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract, or for
retainage.
The Contractor is not entitled to late payment charges, including late payment charges pursuant to NMSA 1978, § 13-1-158,
associated with any payment retained under this Section.
109.9
STOCKPILE
Unless otherwise specified in the Contract, it is the policy of the Department and the intent of this Contract to provide payment
for Work for Items that have been Accepted and placed on the Project. However, upon adequate written justification provided from
the Contractor seeking an exemption to this policy, the Project Manager may approve partial (stockpile) payment for the following
Items not yet incorporated and Accepted into the Work and stored in a manner Accepted by the Project Manager.
1.
Bid Items Pre-fabricated by a Supplier.
Unless otherwise specified in the Contract, the Project Manager shall not approve partial (stockpile) payment for the following
Items or Materials not yet incorporated and Accepted into the Work.
5.
109.9.1
Items Pre-fabricated by the Contractor or Subcontractor unless otherwise specified in the Contract;
Items or Materials associated with the typical section e.g. Aggregates, Cement, Asphalt Binder, Lime etc.;
Items associated with SWPPP;
Items associated with Signs; and,
Any Item or Material stored off the Project.
Stockpile Payment
After measurement, partial (stockpile) payments to the Contractor may be made for Items on hand not to exceed 50% of the
Bid Item price under the following conditions:
The Items will be incorporated in the Work;
The Items are delivered to the Project or to a storage place approved by the Project Manager;
The delivered Items meet the requirements of the Contract;
The Items are purchased from a Supplier or Fabricator and are not produced by the Contractor or a Subcontractor unless
otherwise specified in the Contract;
The Contractor submits paid invoices, certified by the Supplier or Fabricator, to the Project Manager; and
Unless otherwise specified in the Contract partial (stockpile) payments for Items on hand shall not exceed 50% the Bid
Item price.
109.10
PROJECT CLOSURE
Step I.
Step II.
Step III.
Step IV.
Step V.
Step VI.
Step VII.
Step VIII.
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Contractor Notice of Projected Substantial Completion Date
Department Determination of Substantial Completion
Termination of Contract Time
Project Inspection and Development of Punch List
Notice of Punch List Completion and Request of Final Inspection
Final Inspection
Contractor Submittal of Final Documentation
Physical Completion and Release of Retainage and Final Payment
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109.10.1 Contractor Notice of Projected Substantial Completion Date
The Contractor shall provide written notification to the ADE-Construction of the projected Substantial Completion date. This
notice shall be provided a minimum of 30 Days prior to the projected date unless otherwise directed by the Project Manager.
109.10.2 Department Determination of Substantial Completion
Prior to the projected Substantial Completion date, the ADE-Construction and the Project Manager shall conduct a completion
conference with the Contractor to review the Project and determine conformance with the Contract. The Department and Contractor
will address all outstanding Work needed for Substantial Completion. The Department and Contractor will agree on the schedule for
completion of all Work necessary for project closure pursuant to Section 109.10 "Project Closure".
Within five (5) Days of the completion conference or as directed by the Project Manager the Contractor shall submit for
approval by the Project Manager the Contractor's proposed updated schedule for project closure.
109.10.3 Termination of Contract Time
The Contractor shall provide to the ADE-Construction a written request to determine Substantial Completion. Within two (2)
Days of receipt of the request for Substantial Completion the ADE-Construction will issue a determination of Substantial Completion,
Contract Time or, if applicable, Liquidated Damages assessments will cease upon Substantial Completion.
109.10.4 Project Inspection and Development of Punch List
The Project Manager shall inspect the Project to verify that all Work is complete or develop punch list items upon the
determination of Substantial Completion. The Project Manager shall provide the Contractor written notice that all Work is complete
or shall provide a punch list. Contract Time shall resume if the Contractor fails to provide Acceptable Work associated with the
punch list within the agreed upon schedule or does not complete all items of Work by the date specified in the updated schedule.
Resumed Contract Time shall continue until all punch list Work is Accepted.
109.10.5 Notice of Punch List Completion and Request of Final Inspection
The Contractor shall provide written notification to the Project Manager that the punch list is complete and request final
inspection.
109.10.6 Final inspection
The final inspection by the Project Manager and the ADE - Construction will be scheduled and conducted within five (5) Days
of the Contractor written request for final inspection. If the Project Manager and the ADE - Construction are satisfied that the Work
is complete and Acceptable, that inspection shall constitute the final inspection. The Project Manager shall provide written
notification of this Acceptance to the Contractor within two (2) Days.
If the inspection reveals unacceptable or unsatisfactory Work, the Project Manager shall give the Contractor written instructions
for correction and set the time limit for the Contractor to comply with these instructions. Upon the Contractor's correction of the
Work, written notification shall be provided to the Project Manager, the Project Manager shall make an additional inspection and
notify the Contractor of the findings as soon as reasonably practicable.
The Department will Accept the Project as soon as practicable after completion and inspection of the Work. Acceptance is final
and conclusive, except for the following situations:
Latent defects;
Fraud;
Gross mistakes that amount to fraud; or
The Department's warranty or guaranty rights.
109.10.7 Contractor Submittal of Final Documentation
The Contractor shall submit all documents required by the Contract including the Final Payment Voucher, Certificate of
Payment of Claims, Summary to Contractor, Pit Release Letter, Insurance Bonding Release, Affidavit of Wages Paid and Surety
Release. The Contractor shall furnish a Certificate of Payment of Claims from persons or firms, including the Contractor, who have filed
claims for additional compensation, for labor performed, or for Material, supplies, or services furnished to the Contractor or its
Subcontractors.
The Department shall withhold final payment until the Contractor fumishes all documents required by the Contract.
109.10.8 Physical Completion and Release of Retainage and Final Payment
The Department shall not release retained amounts until Physical Completion and when the Contractor fully complies with all
Contract requirements. Upon Acceptance of punch list, all Work and receipt of all final documentation the ADE-Construction shall
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provide a written determination of Physical Completion to the Contractor. Within 60 Days of the written determination of the District
Engineer or the designee (ADE-Construction) that the Project has reached Physical Completion, the Department may reduce
retainage if final payment has not been made.
The Project Manager shall prepare a proposed final payment statement (estimate). The proposed final payment statement
(estimate) shall correct all prior Progress Payments and release retainage. The Department shall withhold from the proposed final
payment statement (estimate) any disputed amounts, Uquidated Damages and overpayments. Regardless of a disputed or pending
Claim, the Contractor will have the right to sign an alternate final payment statement (estimate). With the Departments approval of
the final payment under either the regular form or the alternate form, the Department will pay all remaining undisputed amounts due
to the Contractor.
The Contractor shall approve and return the Departments final payment statement (estimate) or request an altemate final
payment statement (estimate) within 30 Days of receipt. Upon receipt of final payment statement (estimate) from the Contractor or
expiration of 30 Days, the Department shall Accept the Work, pay the balance due on the final payment statement (estimate) and
close the Project.
A Claim is forever barred if the Claim is not timely and properly submitted pursuant to Section 105.19, "Notice of Potential
Claim" and Section 105.20, 'Administrative Remedy° within 30 Days of receipt of the Departments proposed final payment
statement (estimate). If the Contractor has a disputed Claim and has fully complied with the Administrative Remedy provisions of
Section 105.19 "Notice of Potential Claim" and Section 105.20 "Administrative Remedy", the alternate final payment statement
(estimate) shall constitute a stipulation by the parties that the acceptance of such payment, the proffering or acceptance of the
alternate final payment statement or the making of such refund does not constitute any bar, admission, or estoppel, or waiver of the
Claim or any defense thereto, or have any effect as to the pending Claim between the Contractor and the Department.
The Contractor shall reimburse or refund the Department for any overpayment in response to a request for refund of
overpayment within 30 Days of the Department's demand. Failure by the Contractor to comply may subject the Contractor to default
and to rejection of the Contractors Bids in accordance with Section 102.5. "Refusal or Rejection of Bids," until such time that
Contractor complies with this Section.
109.11 COMPENSATION FOR CLAIMS
The Contractor is not entitled to payment for Work or that portion of Work that is the subject of a disputed Claim; the
Department shall pay undisputed monies due for Accepted Work. The Contractor is not entitled to late payment charges, including
late payment charges pursuant to NMSA 1978, § 13-1-158, associated with any Claim or disputed construction services and
Materials. The Department will pay the Contractor late payment charges as authorized by NMSA 1978, § 13-1-158 for construction
services and Materials not the subject of a disputed Claim or subject to retainage or withheld Progress Payments and that have
been certified by the Department to have been received and Accepted. The Department will pay the Contractor late payment
charges on undisputed, qualified, delayed Progress Payments for certified, approved and Accepted Work in accordance with
Section 109.8, "Progress Payments" that are not the subject of a disputed Claim.
The Contractor is barred from seeking a Claim, a remedy, compensation, time, cause of action, or any damages except as
provided by Section 105.19, "Notice of Potential Claim," and Section 105.20 "Administrative Remedy," and this Section.
The Contractor shall not be entitled to any consequential, indirect, punitive, exemplary, special, or incidental damages and
shall only be entitled to additional compensation and time as specifically provided by the following Sections of these Specifications:
Section 104.2, °Significant Change in the Character of the Work"; Section 104.3, "Differing Site Condition"; Section 104.4. "Extra
Work"; Section 107.10.3, "Cooperation with Owner of Railroad Right of Way"; Section 108.6, "Determination and Extension of
Contract Time"; Section 108.10, "Termination of Contract; No Fault of Contractor; Section 109, "Measurement and Payment"; and
this Section.
Except as otherwise agreed to by the Contractor and the Department in a written Change Order, all Claims and causes of
action arising out of the performance and administration of the Contract, including Claims for Delay, Claims for additional
compensation and time, Contract adjustment, Claims seeking extension of Contract Time, Claims seeking Delay damages, passthrough Subcontractor Claims, causes of action for breach of Contract, promissory estoppel, equitable estoppel. waiver, detrimental
reliance, bad faith breach of contract, breach of the covenant of good faith and fair dealing, or any other cause of action arising out
of the performance of the Work or the Contract shall be governed by this Section. The compensation, time and damages provided
for in this Section are exclusive, complete, and apply regardless of whether such Claims are to be resolved pursuant to the
procedures set forth in Section 105.20, "Administrative Remedy," or any other legal or administrative procedure, whether or not
authorized herein, including arbitration, mediation, or appeal.
Delay. The term "Delay" does not include time extensions granted by the Department by Change Order in accordance with
Section 108.6, "Determination and Extension of Contract Tme" that do not result in any additional compensation.
The Contractor's entitlement to compensation and time with regard to a Delay is defined, limited to, and provided as follows:
Excusable Delay: A Delay beyond the Contractor's control that negatively impacts the critical path of the Project and is
not caused, in whole or in part, by the Contractors fault or negligence and for which a time extension, but not additional
compensation, may be granted;
Compensable Delay: An Excusable Delay that negatively impacts the critical path of the Project resulting from the neglect
or default of the Department or from Differing Site Conditions. For such Delays, the Department may grant additional lime
and compensation. Examples of a Compensable Delay includes Delays attributable to design errors not readily
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discovered through Pre-bid Due Diligence, failure by the Department to acquire right of way, and Department-initiated
design changes;
Noncompensable Delay: An unforeseen and unanticipated Excusable Delay not caused by the fault of either the
Contractor or the Department that negatively impacts the critical path of the Project. For such delays, the Contractor may
receive an extension of time but not additional compensation. Examples of a Noncompensable Delay includes Delays
attributable to utility conflicts, widespread Materials shortages, extreme weather, war, acts of God, and labor strikes.
Concurrent Delay: A Delay for which the Contractor is not entitled to compensation that occurs when both the Contractor
and the Department independently Delay work, or that occurs when the Contractor is responsible for an Excusable or
Compensable Delay and also encounters a Differing Site Condition, which negatively impacts critical path activities during
approximately the same time period or when separate Delays to the critical path occur at approximately the same time.
The Contractor is not entitled to compensation due to or arising from a Concurrent Delay. The Contractor is not entitled to
an extension of Contract Time for any period in which a Non-excusable Delay is concurrent with an Excusable Delay.
When a Noncompensable Delay is concurrent with a Compensable Delay, the Contractor may be entitled to an extension
of Contract Time but not entitled to compensation for the period the Noncompensable delay is concurrent with the
Compensable Delay.
Inexcusable Delay or Nonexcusable Delay: a Delay for which the Contractor is not entitled to compensation or time that
was caused by: factors within the Contractor's control; the fault or responsibility of the Contractor; factors that could or
should have reasonably been foreseen by the Contractor Delays caused by an event that the Contractor could have
foreseen and prevented but failed to do so; or failure to reasonably mitigate a Delay. Examples of inexcusable or
nonexcusable Delays include those attributable to reasonably expected seasonal inclement weather events, reasonable
time periods necessary for reviews of shop drawings by the Department, for changes or additions to the Work that do not
negatively impact the critical path of the Project, inefficient operation, inefficient or ineffective construction management,
failure by the Contractor to properly perform Pre-bid Due Diligence, failure by the Contractor to procure Materials in a
timely manner, or failure by the Contractor to assign sufficient resources to the Project.
Non-critical Disruption: a disruption or interference with Contractor's performance, regardless of cause, that does not
negatively impact the critical path of the Project and therefore does not meet the definition of a Delay and for which the
Contractor receives neither compensation nor time.
Additional time for Delay. The Department may only extend Contract Time for an Excusable Delay, Compensable Delay. or a
Non-compensable Delay. The Department may only grant an extension of Contract Time for an Excusable Delay using the
Acceptable updated monthly or revised schedules current at the time the Delay occurred.
Compensation for Delay. The Department may only compensate the Contractor for a non-Concurrent, Compensable Delay as
provided in this Section. In order to receive compensation for a Delay the Contractor shall document costs resulting from the Delay
using actual cost records, shall measure expenses using generally accepted accounting principles, and shall comply with Section
108.3.2, "Schedule Format," and Section 105.20.1, "District Level." The compensation which the Contractor may recover for a
Delay Claim is limited to:
Non-salaried labor expenses;
Material costs;
Equipment costs pursuant to Section 109.2 "Approved Equipment Rental Rates";
Costs of extended job site overhead, including bonds; or,
5.
An additional 10% of the total of items 1, 2, 3, and 4 to cover home office overhead, salaried labor expenses, and profit.
The Department reserves the right to use innovative bidding approaches, as specified in the Contract, as an alternate means of
calculating Delay damages including requiring Bidders to bid a daily overhead rate (cost / Working Day) as a Bid Item Unit Price. If
the Contract requires that the Contractor escrow its Bid documents, the escrow Bid Documents may be considered in resolving
Claims.
If the source of the loss of productivity and Compensable Delay cannot be isolated and priced separately, the method by which
the Department shall calculate the extent of an Excusable Delay caused by a production rate inefficiency shall be made in the
following order of priority:
3.
Measured Mile analysis by which the Department shall compare actual efficiency (production rates) in an impacted area to
actual efficiency in a comparable non-impacted area;
Comparison of actual efficiency to actual efficiency on a comparable project; and,
Comparison of actual efficiency to planned efficiency taking into account the Contractor's Baseline Schedule and timely
submitted Acceptable updated monthly or revised schedules.
In no event shall the Department make a payment based on application of the Eichleay formula, the Total Cost Method or other
formula including original contract period formula, fixed overhead formula. burden fluctuation method, and comparative absorption
rates.
Non-Allowable Damages. Regardless of the basis or cause of the Claim, the Contractor may not recover and is not entitled to
recover the following categories of damage:
1.
Divison 100
Any compensation except as provided by Section 109.11 "Compensation for Claims" and for Delay;
Page 66
66,
Loss of anticipated profit, incentives or bonuses;
Labor inefficiencies;
Home office overhead regardless of whether it is characterized as absorbed, unabsorbed, or extended exceeding that
provided in Section 109.11 "Compensation for Claims";
Home office overhead, extended home office overhead, or Delay damages calculated using the Eichleay formula or other
formula including original contract period formula, fixed overhead formula, burden fluctuation method, and comparative
absorption rates;
Any indirect, special, incidental or consequential damages, including, but not limited to, lost or impaired bonding capacity,
loss of Bidding and contracting opportunities, loss of credit standing, cost of financing, interest paid, lost Material
discounts, economic loss, loss of reputation, loss of other Work, loss of use, loss of business opportunity, loss of product
or output, income, loss of profit or revenue, cost of capital, financing, and for loss of management or employee
productivity or of the services of such persons, other not Project direct costs, and business devastation, bankruptcy, or
insolvency. The Department waives any entitlement to consequential damages from the Contractor other than liquidated
damages as provided in the Contract;
Acceleration costs and expenses, except where the Department has expressly and specifically directed the Contractor in
writing to accelerate the Work at the Department's expense;
Indirect costs or expenses;
Late payment charges, including late payment charges pursuant to NMSA 1978, § 13-1-158, related to any disputed
Claim, or on any judgment or award made to the Contractor. This provision does not affect the Department's payment of
late payment charges on undisputed, qualified, delayed Progress Payments for certified, approved and Accepted Work in
accordance with Section 109.8, "Progress Payments" that are not the subject of a disputed Claim;
10. Prejudgment or post-judgment interest related to or arising from any disputed Claim or on any Award made to the
Contractor, or,
11 Attorneys' fees and costs, Claim preparation expenses, and litigation or other costs related to or arising from any disputed
Claim, or prosecution thereof.
Divison 100
Page 68
November 4 th , 2011
Revised May 30, 2012
SUPPLEMENTAL SPECIFICATIONS FOR
PAVEMENT SMOOTHNESS MEASUREMENT
SECTION 401
All Provisions of the New Mexico Department of Transportation Standard
following:
Delete SECTION 401- PAVEMENT SMOOTHNESS MEASUREMENT in its
entirety and substitute the following:
401.1 DESCRIPTION
This Work consists of providing and using profile testing Equipment that
incorporates the Mean Roughness Index (MRI) measurement.
This specification applies to new construction and full reconstruction
projects, overlay/inlay, rehabilitation, and pavement preservation projects. Pay
adjustments for projects with two or more courses of HMANVMA will be based on
table 401.5.1.1:1 "MRI Based Profile Pay Adjustment Schedule for Multiple
Course HMANVMA Projects". Pay adjustments for projects with only one course
of HMANVMA will be based on table 401.5.1.1:2 "MRI Based Profile Pay
Adjustment Schedule for Single Course HMANVMA Projects". Pay adjustments
for projects with PCCP will be based on table 401.5.1.2:1 "MRI Based Pay
Adjustment Schedule for PCCP Pavement".
401.2 MATERIALS—Vacant
401.3 CONSTRUCTION REQUIREMENTS
401.3.1 Profile Measurements
Process all raw data in the University of Michigan Transportation
Research Institute's Engineering Research Division (ERD) format using the
specified Butterworth filter settings. For HMANVMA data collection use a
Butterworth Band-pass Filter short cutoff wavelength of 0.01 feet and a long
cutoff wavelength of 300.00 feet. For PCCP data collection use a Butterworth
Band-pass Filter short cutoff wavelength of 7.00 feet and a long cutoff
wavelength of 300.00 feet
Submit all ERD files and the current calibration documentation to the
accompanying Department representative, within 1 hour after the data has been
collected, on either a CD or Universal Serial Bus (USB) memory storage device.
Provide additional data files or text files upon request. If the Contractor does not
submit the profile measurements files within this time period, the Department will
reduce the pay adjustments resulting from Table 401.5.1.1:1, "MRI Based Profile
Pay Adjustment Schedule for Multiple Course HMANVMA Projects", Table
401.5.1.1:2 "MRI Based Pay Adjustment Schedule Single Course HMANVMA
Projects", or Table 401.5.1.2:1, "MRI Based Profile Pay Adjustment Schedule for
Section 401: Pavement Smoothness Measurement Page 1
67
lo g
November 4th , 2011
PCC Pavements by five additional percentage points for the Profiled area in
question.
401.3.1.1 Profile Measurement Device
Provide, operate, and maintain a profile measurement device that uses
equipment and computer programs in accordance with AASHTO M 328 "Inertial
Profiler", or an equal approved by the State Materials Bureau.
401.3.1.2 Profile Measurement Device Calibration and Certification
Certify the profile measurement device in accordance with the
Department's Standard Practice "Certification of Inertial Profilers". Profile
measurement devices used for acceptance testing on NMDOT projects shall
have a current TTCP annual calibration sticker or manufacturer's calibration and
certification certificate. The manufacturer's certificate is valid only until the date
of the next TTCP sponsored profile measuring device certification.
Verify calibration of the profile measurement device. Verify both horizontal
and vertical calibration before each use. Perform verifications in the presence of
the Department's representative as determined by the Project Manager and in
accordance with the manufacturer's approved procedures and maintain copies of
the verification documentation and manufacturer's procedures with the machine
and provide the calibration documentation and verification documentation to the
Project Manager. The Project Manager may require additional calibrations or
verifications.
Remove the profile measurement device from the project if it does not
meet manufacturer's calibration requirements. The Project Manager will report
the TTCP profile measurement device certification number to the TTCP
Administrator in order to provide notification that the Contractor cannot use the
machine on other projects until the Contractor obtains re-certification. Once the
manufacturer re-certifies the profile measurement device, provide a copy of the
certificate to the Department's TTCP Administrator. The TTCP Administrator will
provide a temporary TTCP certification valid until the next scheduled certification.
401.3.1.3 Technician Certification
The Department's TTCP will certify individuals performing profile
measurement. The Department will base certification on demonstrated ability
and a written test. The TTCP will establish the term and expiration date of
certification and requirements for renewal. The Department State Materials
Engineer, through the TTCP, will investigate any concerns submitted in writing as
to the competence of a certified individual and implement corrective action if
necessary in accordance with the TTCP Board of Directors established
procedures.
401.3.1.4 Profile Measurement Operations
The Department will consider profile testing as part of the paving
operation. Include the proposed frequency and schedule for profile testing with
the paving plan submittal at the pre-paving conference. Allow the Department's
November 4th, 2011
Representative to witness the collection of raw data by riding in the vehicle while
collecting the data.
Obtain the Project Manager's written approval and sweep the Roadway
surface before beginning profile operations.
Measure the longitudinal smoothness of the final surface of HMANVMA,
OGFC, and PCCP using a Department certified profile measurement device.
Operate the profile measurement device in accordance with AASHTO R 57
"Operating Inertial Profiling Systems" and manufacturer's recommendations.
Using dual-sensors, with single point lasers or bar lasers 1.0 inch or less,
measure the profile traces for each wheel path. Locate outside trace 3 ft from
and parallel to the approximate location of the pavement edge line. Ensure the
centerline distance between sensors is 70.0 in ± 1.0 in. At transverse joints,
commence profile traces at the joint location. Operate the device on the driving
surface of the roadway at the manufacturer's recommended speed without
interfering with traffic or its own operation.
On HMA/WMA projects, perform profile measurements and corrective
actions on the final surface of HMA/WMA. On PCCP projects, perform profile
measurements and corrective actions on the finished surface.
The Department will use the FHWA's "ProVal" software to determine the
MRI for each 0.1 mile section of each lane, reported to the nearest 0.1 inch per
mile using the average of each wheel path Mean Roughness Index (MRI).
Maintain the profile data files. Take additional profiles to retest paved
surfaces that have received corrective work. The Project Manager may require
additional profiles to check previously submitted data or to identify the limits of
surface irregularities. Include the following information for each data file:
7.
Project number,
Date,
Lane profiled,
Beginning and ending stations,
Net total linear feet of each lane,
Filter settings, and
Operator's signature.
401.3.2 Straightedge Measurements
Test the final surface of HMA/WMA, OGFC, or PCCP not subject to profile
measurement with an approved 10-foot straightedge at both right angles and
parallel to the centerline. Correct surface deviations greater than 1/8 in within
10 ft, as directed by the Project Manager. Exclude the following from profile
measurement and evaluate using a straightedge:
Miscellaneous HMA/WMA, ramps, tapers, shoulders, turnouts,
median lanes, bridge approaches and departures, and other areas less
than 0.5 mi as designated by the Project Manager during the pre-paving
conference;
Concrete pavement slab removal and replacement, and
intersections not paved integrally with the main line;
6,
10
November 4 th , 2011
A single lift of HMANVMA over Base Course or Cold In-Situ recycle;
and
Other projects as specified in the plans by the Department.
401.3.3 Evaluation for Must Grind Work and Corrective Work
Evaluate the pavement in 0.1-mile sections for determining needed Must
Grind Work, Corrective Work and pay adjustments.
401.3.4 Must Grind Work
Identify Must Grind locations using "Ride Quality Analysis" with the
Continuous Input feature of the latest version of the FHWA's "ProVAL" software.
Use a "MRI threshold (in/mi)" of 105.00 and a "Sliding Base Length" of 25.00
feet. Identify Must Grind locations for each lane using the "MRI" Ride Quality
Index feature of ProVAL. Perform Must Grind Work prior to evaluating and
performing Corrective Work.
Develop and submit an appropriate written corrective action plan,
including methods and procedures, to the Project Manager for review and written
approval. Do not begin Must Grind Work until the Project Manager approves the
methods and procedures in writing. The Project Manager's approval does not
relieve the Contractor of the responsibility to comply with the specifications.
Correct all Must Grind locations on the project identified by ProVAL,
regardless of the smoothness value for the 0.1 mile section. Use a Roadway
planing device to perform diamond grinding to bring the reported average
measured smoothness value to an acceptable level.
Do not reduce planned pavement thickness by more than 0.3 inches
without written approval of the Project Manager.
Grind localized roughness areas across the lane width to produce a
smooth transition to the surrounding pavement.
For HMA/WMA, if the Contract does not require an OGFC, or OGFC will
not be placed before project suspension, apply a fog seal to the ground areas as
approved by the Project Manager. Fog seal and all operations necessary to
apply it is included in the Bid Item Unit Price for HMANVMA, the Department will
make no separate payment.
401.3.5 Corrective Work
Develop and submit an appropriate written corrective work plan, including
methods and procedures, to the Project Manager for review and written approval
if the measured smoothness value falls within the "Corrective Work Required"
value of Table 401.5.1.1:1, "MRI Based Profile Pay Adjustment Schedule for
Multiple Course HMANVMA Projects", Table 401.5.1.1:2 "MRI Based Pay
Adjustment Schedule for Single Course HMANVMA Projects", or
Table 401.5.1.2:1, "MRI Based Profile Pay Adjustment Schedule for PCC
Pavements. If approved, complete elected corrective work, including necessary
traffic control, at no additional cost to the Department. After completion of the
approved corrective work, re-profile the corrected area to verify compliance with
specification requirements.
Section 401: Pavement Smoothness Measurement
Page 4
November 4th , 2011
Limit corrective work to diamond grinding, overlaying, or removing and
replacing rejected 0.1-mile sections. Do not begin corrective work until the
Project Manager approves the methods and procedures in writing. The Project
Manager's approval does not relieve the Contractor of the responsibility to
comply with the specifications.
Perform corrective work in accordance with the following:
Diamond Grinding. Use a Roadway planing device to perform
diamond grinding to bring the reported average measured smoothness
value to an acceptable level in accordance with Table 401.5.1.1:1, "MRI
Based Profile Pay Adjustment Schedule for Multiple Course HMA/WMA
Projects", Table 401.5.1.1:2 "MRI Based Pay Adjustment Schedule for
Single Course HMA/WMA Projects", or Table 401.5.1.2:1, "MRI Based
Profile Pay Adjustment Schedule for PCC Pavements".
Do not reduce planned pavement thickness by more than
0.3 inches without written approval of the Project Manager.
Grind corrective work areas to produce a smooth transition to the
surrounding pavement Grinding of the wheel paths alone is not allowed.
For HMANVMA, if the Contract does not require an OGFC, or
OGFC will not be placed before project suspension, apply a fog seal to the
ground areas as approved by the Project Manager. Fog seal and all
operations necessary to apply it is incidental to the Bid Item Unit Price for
HMANVMA, the Department will make no separate payment.
For PCCP, perform additional diamond grinding as necessary in the
following situations:
1.1. The transverse direction, so the lateral grinding limits are at
a constant offset from and parallel to the nearest lane line or
pavement edge; and
1.2. The longitudinal direction, so the grinding begins and ends at
lines perpendicular to the pavement centerline. Maintain diamond
ground locations as neat rectangular areas of uniform appearance.
The Project Manager may require skid resistance testing to ensure
skid resistance comparable to adjacent sections that do not require
grinding. If the ground area is deficient, the Contractor shall
improve the skid resistance at no cost to the Department.
Overlaying. If the Contractor uses an additional lift of HMANVMA
to correct rough pavement, it shall meet the requirements of the
appropriate specification. Extend the overlay lift the full width of the
underlying pavement surface to a finished compacted thickness sufficient
to correct the existing pavement roughness.
The Department will not allow a second overlay if the first overlay
does not meet the longitudinal smoothness requirement.
Correct a corrective overlay that does not meet the smoothness
requirement by diamond grinding or removing and replacing as specified
in Section 401.3.5 Corrective Work.
3.
Removing and Replacing. Remove pavement the full width of the
lane and the full thickness of the course. The removal area shall begin
Page 5
71
November 4th , 2011
and end with a transverse saw cut perpendicular to centerline. Use the
type of approved HMANVMA or PCCP as originally specified in the
Contract as replacement Material.
Re-profile the 0.1 mile section of travel lane after performing corrective
work and use the re-profile's reported measured smoothness data to represent
the particular section for pay adjustment purposes. The resulting roadway
surface shall comply with Sections 401.3.3, 401.3.4 and 401.3.5. This corrective
work shall be performed at no additional cost to the Department.
401.3.6 OGFC Placement and Profile Measurement
Ensure all HMAANMA profile measurements and corrective work has been
completed before placing OGFC. Pay adjustment will be based on the MRI of
the HMANVMA unless the measured average MRI of the OGFC is greater
(rougher) than the measured average MRI of the HMANVMA on the same
0.1 mile section. If the MRI of the OGFC is greater (rougher) than the MRI of the
HMANVMA, the pay adjustment will be based on the MRI of the OGFC.
401.4 METHOD OF MEASUREMENT
The Department will determine smoothness pay adjustments on the
calculated square yards of the surface area of the travel lane bound by the plan
typical section travel lanes and 0.1-mile lane length.
401.5 BASIS OF PAYMENT
Surface smoothness testing, must grinding and corrective work to bring
the final surface within specification smoothness is incidental to the Bid Item Unit
Price for HMANVMA or PCCP; the Department will make no separate payment.
All traffic control required to determine and correct pavement smoothness is
incidental to the HMANVMA or PCCP item.
401.5.1 Pay Adjustments
The Department will calculate a pay adjustment for each 0.1 mile section
of travel lane. The pay adjustments will apply to the total accepted area of each
0.1 mile section of HMANVMA or PCCP constructed for the plan typical section
travel lane width and roadway length.
The Department will not include Shoulder and turnout areas for payment
purposes.
If the pay adjustment for a 0.1 mile section is not equal to CWR but less
than 0.00, the Contractor shall accept the designated pay adjustment.
401.5.1.1 Pay Adjustment for Multiple Course HMAIWMA Projects
The Department will base pay adjustments on the final average MRI for
each 0.1mile section in accordance with Table 401.5.1.1:1, "MRI Based Profile
Pay Adjustment Schedule for Multiple Course HMANVMA Projects", after the
Contractor performs and measures corrective work.
Table 401.5.1.1:1
November 4th , 2011
MRI Based Profile Pay Adjustment Schedule
for Multiple Course HMAIWMA Projects
Pay Adjustment ($ per square Yard)
Interstate-NHS-US
Routes
MRI
52.1
53.1
54.1
55.1
56.1
57.1
58.1
59.1
<52.1
to
to
to
to
to
to
to
to
>60 0
53.0
54.0
55.0
56.0
57.0
58.0
59.0
60.0
NM Routes*
0.00
0.00
-0.14
-0.14
-0.28
-0.28
-0.42
-0.42
-0.56
-0.56
-0.70
-0.70
-0.84
-0.84
-0.98
-0.98
-1.12
-1.12
Corrective Work Required
*Some NM Routes, as specified in the Contract, will use the Interstate-NHS-US
Route Adjustments.
401.5.1.1.2 Pay Adjustment for Single Course HMAIWMA Projects
Measure the longitudinal smoothness of the original roadway prior to
beginning any work on the roadway surface and submit all ERD files to the
accompanying Project Manager or his designee within 1 hour after the data has
been collected, on either a CD or Universal Serial Bus (USB) memory storage
device. The Department will make no separate payment for this testing. If the
Contractor does not submit the profile measurements files within this time period,
the Department will reduce the pay adjustments resulting from Table 401.5.1.1:1,
"MRI Based Profile Pay Adjustment Schedule for Multiple Course HMANVMA
Projects", Table 401.5.1.1:2 "MRI Based Pay Adjustment Schedule Single
Course HMAIWMA Projects", or Table 401.5.1.2:1, "MRI Based Profile Pay
Adjustment Schedule for PCC Pavements by five additional percentage points for
the Profiled area in question.
The Department will base pay adjustments on the percent improvement in
MRI in accordance with Table 401.5.1.1:2, "MRI Based Profile Pay Adjustment
Schedule for Single Course HMANVMA Projects", after the Contractor performs
and measures corrective work.
The Contractor may elect to use Table 401.5.1.1:1 "MRI Based Profile Pay
Adjustment Schedule for Multiple Course HMANVMA Projects" to calculate pay
adjustments in lieu of Table 401.5.1.1:2; "MRI Based Profile Pay Adjustment
Schedule for Single Course HMANVMA Projects", by providing written notification
at the Pre-Construction Conference. If the Contractor elects to use Table
14
November 4th , 2011
401.5.1.1:1, the requirements of Section 401.5.1.1, "Pay Adjustment for Multiple
Course HMA/WMA Projects" shall be met.
If the final MRI value for a 0.1 mile section is less than or equal to 52.0
inches per mile, and the final MRI value is less than or equal to the initial MRI
value for the same 0.1 mile section, the pay adjustment will be 0.00.
% MRI improvement for each 0.1 mile section will be calculated as follows:
% MRI Improvement = IMRI of Original Surface - MRI of Final HMANVMA 100
MRI of Original Surface
Table 401.5.1.1:2
MRI Based Profile Pay Adjustment Schedule
for Single Course HMAIWMA Projects
MRI % Improvement
38.9
32.6
26.3
20.0
>45.0
to
to
to
to
<20.0
Interstate-NHS-US
Routes
NM Routes*
0.00
-0.06
-0.12
-0.18
0.00
-0.06
-0.12
-0.18
-0.24
-0.24
45.0
38.8
32.5
26.2
401.5.1.2 Pay Adjustment for PCC Pavement
The Department will base pay adjustments on the final average MRI for
each 0.1 mile section in accordance with Table 401.5.1.2:1, "MRI Based Profile
Pay Adjustment Schedule for PCC Pavements, after the Contractor performs and
measures corrective work.
Table 401.5.1.2:1
MRI Based Pay Adjustment Schedule for PCC Pavement
Interstate -NHSUS Routes
MRI
59.3
60.3
61.3
<59.3
to
to
to
0.00
60.2
61.2
62.3
0.00
-0.14
-0.28
-0.42
-0.14
-0.28
-0.42
NM Routes*
Page 8
November 4th , 2011
62.4
63.4
64.5
65.5
66.5
to
to
to
to
to
>67.5
63.3
64.3
65.4
66.4
67.5
-0.56
-0.70
-0.84
-0.56
-0.70
-0.84
-0.98
-0.98
-1.12
-1.12
Page 9
Is-
August 26 th , 2013
ctle,0 7
,44 ME k- \
\\
\,<,90FESS.3‘
. 7 7.
\\
HOT-MIX ASPHALT — SUPERPAVE (QLA and Non-QLA)
SECTION 423
following:
Delete SECTION 423- HOT-MIX ASPHALT — SUPERPAVE (QLA and NonQLA) in its entirety and substitute the following:
423.1 DESCRIPTION
This Work consists of constructing one or more courses of hot-mix asphalt
(HMA) on a prepared base.
423.2 MATERIALS
423.2.1 General
HMA is a mixture of asphalt binder, aggregate, blending sand, mineral filler,
and hydrated lime or anhydrite based material. Unless otherwise prohibited in
the Contract, the Department will allow Recycled Asphalt Pavement (RAP) in
HMA mixtures as long as the resulting mixture conforms to all specification
requirements.
Size, uniformly grade, and combine aggregate fractions in accordance with
the Contract. Test Materials in accordance with applicable AASHTO methods,
as modified by the Department (if applicable) or other test procedures as directed
by the Department. The State Materials Bureau will decide all questions
pertaining to the interpretation of test procedures.
423.2.2 Aggregate
Ensure the aggregate gradation of the HMA mixture meets the requirements
of Table 423.2.2.1:1, "HMA Aggregate Gradation Control Points." The Project
Manager may require, at no additional cost to the Department, wet preparation,
per AASHTO T 146, Method A, if the Project Manager believes there are
Deleterious Materials present in the aggregate stockpiles before aggregate
gradation testing. The Contract will specify the type of HMA the Contractor is to
use. The Department will allow the Contractor to combine Materials from two or
more sources to produce aggregate only when each individual aggregate source
meets all applicable quality requirements.
423.2.2.1 Gradation and Quality Requirements
Table 423.2.2.1:1
Sieve size
HMA Aggregate Gradation Control Points
% passing per HMA type
Section 423: HOT-MIX ASPHALT - SUPERPAVE (QLA and Non-QLA)
Page 1
74)
Ti
August 26th , 2013
2 in
1 1 /2 i
1 in
3/4 in
1/2 in
3/8 in
No. 8
No. 200
Min
Max
100
90
—
—
—
19
1.0
100
90
45
7.0
SP-III
Max
Min
Min
SP-IV
Max
—
100
90
—
23
2.0
100
90
—
49
8.0
100
90
—
28
2.0
100
90
58
10.0
423.2.2.1.1 Aggregate Quality
For each Material source, ensure the HMA coarse aggregate has an Al of 25
or less when calculated in accordance with Section 910, "Aggregate Index."
Regulate the crushing of aggregate stockpiles so that the minimum Fractured
Faces content of the plus No. 4 Material complies with the requirements of
Table 423.2.2.1.2:1, "Fractured Faces, Sand Equivalent, and Fine Aggregate
Angularity," and evaluation by NMDOT Method FF-1, "Fractured Face
Determination for Coarse Aggregate." Ensure the plus 3/8 in material contains a
maximum of 20% flat, elongated particles with a dimensional ratio of 3:1 or
greater as determined by ASTM D 4791 (TTCP Modified). Ensure the combined
material, excluding RAP, passing the No. 40 sieve is non-plastic. Ensure that
before the addition of hydrated lime or anhydrite based material, the minimum
sand equivalent value and the minimum fine aggregate angularity value of the
combined aggregate, excluding RAP, complies with the requirements of
Table 423.2.2.1.2:1, "Fractured Faces, Sand Equivalent, and Fine Aggregate
Angularity."
Determine the sand equivalent value in accordance with
AASHTO T 176, Alternate Method No. 1 and the fine aggregate angularity value
in accordance with AASHTO T 304, Method A.
423.2.2.1.2 Fractured Faces
The Department will consider a face to be fractured when at least one-half of
the projected particle area exhibits a rough, angular, or broken texture with well
defined edges.
Section 423: HOT-MIX ASPHALT - SUPERPAVE (QLA and Non-QLA) Page 2
August 26th, 2013
Table 423.2.2.1.2:1
Minimum Fractured Faces, Sand Equivalent, and Fine Aggregate
Angularity for Virgin Aggregates
Design Traffic, ESALsa x 10 Fractured
Facesb
Sand
Fine
Equivalent Aggregate
(%)
Angularity
< 3.0
> 3.0 - < 10.0
> 10.0 - < 30.0
75.0 / -
85.0 / 80.0
95.0 / 90.0
45.0
45.0
45.0
40.0
45.0
45.0
> 30.0
99.0 / 95.0
50.0
45.0
a ESALs are based on a 20-year design life for all scenarios.
blinder "Fractured Faces", 85.0 / 80.0 denotes that 85.0% of the coarse
aggregate has at least 1 Fractured Face and 80.0% has at least two
Fractured Faces.
Ensure RAP provided from sources outside the project has at least 75%
Fractured Faces (one fractured face), however Sand Equivalent and Fine
Aggregate Angularity do not apply.
423.2.2.2 Production
When producing aggregates for HMA, remove natural fines by screening and
stockpiling separately. Use a No. 4 screen, minimum, or a larger screen if
needed to properly control the crushing and screening operation. Crush the
aggregate retained on the scalping screen and separate the crushed Material
into at least two stockpiles of fine and coarse aggregates. Regulate crushing
operations to produce Material within the specified gradation band.
423.2.2.3 Stockpiling
The following requirements apply to stockpiles:
Place stockpiles upon prepared sites;
Make stockpiles neat and regular to prevent segregation;
Provide enough storage space for each size of aggregate;
Separate the aggregate stockpiles far enough apart to prevent mixing, or
with walls or partitions;
Prevent contamination (store stockpiles away from vehicular and
Equipment traffic);
Keep the storage yard neat and orderly and keep the stockpiles
accessible for sampling; and
7. Keep the aggregate sizes separated until delivered to the cold feed
system that feeds the drier.
423.2.2.4 Combining
When combining crushed Materials from different stockpiles, including RAP (if
in the mixture), ensure the product is in accordance with the mix design gradation
requirements. Use controlled feeders from each stockpile to combine crushed
Material.
Section 423: HOT-MIX ASPHALT - SUPERPAVE (QL4 and Non-QLA) Page 3
T
August 26th , 2013
lg
423.2.3 Asphalt Binder
The Contract will specify the type and grade of asphalt binder. Provide
asphalt binders in accordance with Section 402, "Asphalt Materials, Hydrated
Lime, and Anhydrite Based Material." Do not change the asphalt source after
approval of the mix design without written approval of the State Materials Bureau.
423.2.4 Hydrated Lime or Anhydrite Based Material
Provide hydrated lime or anhydrite based material in accordance with
Section 402, "Asphalt Materials, Hydrated Lime, and Anhydrite Based Material."
423.2.5 Blending Sand
Blending sand consists of the following:
Natural fines from the scalping process;
Concrete sand;
Sandy Material; or
A combination of these, graded to the mix design requirements.
Determine the need for and percentage (a maximum of 20.0%) of blending
sand using mix design tests on samples taken from stockpiles during crushing
operations and submitted to an approved testing Laboratory.
423.2.6 Mineral Filler
Provide mineral filler in accordance with AASHTO M 17 and approved by the
State Materials Bureau. The Department will not allow fly ash as mineral filler for
HMA.
423.2.7 Reclaimed Asphalt Pavement
Unless otherwise specified in the Contract, the Contractor may use RAP
removed under the Contract consisting of salvaged, milled, pulverized, broken, or
crushed asphalt pavement. The Contractor may use RAP produced from outside
sources provided evidence of ownership is supplied and the following is met:
After the Contractor obtains sufficient quantities of RAP aggregate samples in
accordance with AASHTO T 308, the Department will accept RAP for which each
fraction of coarse aggregate has a percent wear of 40.0 or less, at
500 revolutions, when tested in accordance with AASHTO T 96. Provide plus
No. 4 RAP Material with a minimum of 75% Fractured Faces content (one face)
The Contractor may use a maximum of 15% RAP (by weight) in the
production of HMA mixtures without changing the asphalt binder. For quantities
greater than 15% to 25% RAP, lower the asphalt binder's high and low
temperature grades by one grade (e.g. lower a PG 76-22 to a PG 70-28). For
quantities greater than 25% to 35% RAP, extract, recover, and combine the
RAP's asphalt binder with a virgin asphalt binder per AASHTO M 323,
Appendix A. Ensure the resultant binder meets the entire PASHTO M 320
required project PG asphalt binder properties indicated on the approved mix
design. The Department will not allow the Contractor to use more than 35% RAP
in the production of HMA mixtures. For projects of entirely new construction, limit
the RAP to 15% in the top mat or extract, recover and combine the RAP's
Page 4
August 26th, 2013
asphalt binder with a virgin asphalt binder per AASHTO M323, Appendix A.
Ensure the resultant binder meets the entire AASHTO M320 required project PG
asphalt binder properties indicated on the approved mix design.
Process RAP so that 100% passes a 1-1/2-inch sieve. For HMA mixtures
containing greater than 15% RAP, maintain adequate stockpile management (i.e.
sufficient quantities and shaping of the stockpiles) and fractionation (divide the
RAP into a minimum of two stockpiles), so they are uniform throughout the
stockpiles. Address in the Quality Control Plan how RAP will be controlled, such
as which screen will be used to split into two stockpiles, or by what method the
RAP will be controlled to keep the resultant mix within acceptable limits.
Account for the weight of the binder in the RAP when batching aggregates.
Provide RAP that is free of Deleterious Materials. If the Contractor decides to
use RAP in the production of HMA mixtures, the Department will make no
additional payment for the asphalt binder in the RAP or asphalt binder due to
asphalt binder grade adjustment. As RAP is produced and prepared for inclusion
in the HMA, perform Process Control testing in accordance with Section 901,
Quality Control/Quality Assurance, Table 901.7:3, Minimum Process Control
Guidelines for Aggregates and Base Course.
If problems with HMA consistency or compliance with project specifications
occur, additional efforts taken to achieve acceptable levels of consistency and
compliance with Contract specifications, at the Contractor's discretion (at no
additional cost to the Department), include, but are not limited to:
Reduce the top size of the RAP from 1-1/2" to 1";
Fractionate the aggregates on a second screen, such as the 3/8" or
1/4" Screen so that the RAP is maintained in two stockpiles, one being
Coarse RAP and the second being Fine RAP;
Ensure that the RAP used in the HMA mix design is representative of
the RAP available on the project;
Cover the RAP pile(s) so that ambient moisture is not absorbed;
Process and maintain the stockpiles so that the RAP material is
equally and uniformly distributed throughout the entire stockpile(s) and
is withdrawn such that uniform, non-segregated RAP is delivered to the
hoppers;
423.2.8 Mix Design
Provide a mix design developed by a Department-approved testing
Laboratory. A list of approved private testing laboratories is available from the
State Materials Bureau. Develop the mix design at no additional cost to the
Department. The Contractor may develop the mix design at any time prior to the
project pre-paving conference. Submit at least five independent aggregate
gradation test results from each stockpile to the Project Manager.
Provide the Department with a copy of the request to the testing Laboratory to
develop a mix design, along with supporting documents in accordance with
AASHTO R 35, to the Project Manager and the State Materials Bureau. Include
the proposed aggregate combination and copies of all stockpile test results.
Summarize the mix design results from the Department-approved testing
I
ik
August 26th , 2013
Laboratory in a format approved by the State Materials Bureau and submit them
to the Project Manager and State Materials Bureau for review and concurrence.
Include the results and design worksheets of testing calculations in accordance
with AASHTO R 35, for the mix components as well as the mixture itself and in
accordance with State Materials Bureau procedures. Department concurrence of
a mix design will not relieve the Contractor of full responsibility for producing an
acceptable mixture. The mix design may require adjustment in accordance with
Section 423.2.8.1, "Mix Design Adjustment."
Create the JMF gradation in accordance with Table 423.2.2.1:1, "HMA
Aggregate Gradation Control Points." The Department will require at least 1.0%
hydrated lime or anhydrite based material in all mix designs. Include the
hydrated lime or anhydrite based material in the gradation for developing the mix
design. The mix design shall establish a single percentage of the aggregate
passing each sieve size and a single percentage of asphalt binder the Contractor
is to add to the aggregate. Develop the mix design using the Strategic Highway
Research Program (SHRP) gyratory compactor in accordance with
AASHTO R 35. AASHTO TP 77 may be used in lieu of AASHTO T 84/1 - 85. The
mix design shall be in accordance with Table 423.2.8:1, "HMA Superpave Design
Requirements for Aggregates with Less Than 3.0% Absorption," or
Table 423.2.8:2, "HMA Superpave Design Requirements for Aggregates with
3.0% or Greater Absorption."
Test the HMA with at least 1.0% hydrated lime or anhydrite based material in
accordance with AASHTO T 283, as modified below:
Use 6 inch by 3.75 inch specimens for all prisms;
Compact all test specimens in accordance with AASHTO T 312 to an air
content of 7% +1- 0.5%;
On the AASHTO T283 Section 11.3 scale of 0-5, with 5 exhibiting the
most damage from moisture, visually estimate the amount of damage
caused by moisture on the interior surfaces of each broken prism
Use a minimum of 1% hydrated lime or anhydrite based material and
ensure the design amount results in a tensile stress ratio of at least 85%,
and that no visual rating is greater than 1, as determined by AASHTO
T283 Section 11.3.. Provide a mixture that meets all applicable criteria. If
tests indicate the need for additives or modifiers not specified in the
Contract or a change in source of binder to satisfy mix design
requirements, perform the required changes at no additional cost to the
Department.
21.
August 26th, 2013
Table 423.2.8:1
HMA Superpave Design Requirements for Aggregates with Less Than 3.0%
Absorption
Percent Voids in the Mineral
Aggregate (VMA) per
Voids Filled
Dust
nominal
maximum
aggregate
with
0.
to
size
Asphalt
3
Binder
(5'
(VFA)
of
Ratio
in
Range, %
Range
ha
(c)
<
z
z
z
a
< 0.3
<91.5
7
13.5
.
720-80.0
14.5
0.6
0.312.596.0
< 98. 0
to
<3.0
<90.5
14.0
68.0-78.0
16.0
15.0
1.4
<89.0
3.0
68.0-75.0
In Millions
bDesign Air Void Content of 4%
cFor 1 in nominal maximum size mixtures, the specified lower limit of the VFA shall be 70%
for the design traffic level <0.3 million ESALs.
Table 423.2.8:2
HMA Superpave Design Requirements for Aggregates with 3.0% or Greater Absorption
Percent Voids in the Mineral
Voids
(..)
°
Z
Aggregate (VMA) per nominal
Filled
Dust
••
Z
gas
M M
z
maximum aggregate size
CD
with
to
, U) m
0.
-31
0 ):s. "
3
Asphalt Binder
rs:.
a)
s--- r
00
"
0 (#3
=
in -%
in M
Cll
X
(VFA)
Ratio
-0 1,-,
-.
7 4.
9
3
Range, Range
(3'
=3
<3
3
% (c)
<0.3
0.3<3.0
<91.5
<90.5
96.5
< 98.0
12.014.0
13.0
14.0
15.0
16.0
70.080.0
65.078.0
65.075.0
0.6
to
1.4
3.0
<89.0
In Millions
b Design Air Void Content of 3.5%
`For 1 in nominal maximum size mixtures, the specified lower limit of the VFA will be 70% for
the design traffic level <0.3 million ESALs.
When Department Reviewed Commercial Mix Designs are used on the
project, submit a copy of proposed commercial mix design to the State Materials
Bureau with project information to verify the proposed commercial mix design is
Section 423: HOT-MIX ASPHALT - SUPERPAVE (CILA and Non-OLA) Page 7
August 26th, 2013
appropriate to use and meets all the requirements for the specific project. If the
proposed commercial mix design meets all the requirements for the specific
project, the State Materials Bureau may re-issue the proposed commercial mix
design for that specific project.
The State Materials Bureau may allow the Contractor to use a mix design for
one year from the date of review by the State Materials Bureau. The Contractor
may use or re-submit the design before the expiration of the one year time frame.
Do not use a Mix Design beyond one year after the State Materials Bureau's
review date. Submit acceptable evidence to the State Materials Bureau verifying
that the component Materials have not changed. Submit a new mix design if
changing the source of Materials. Obtain concurrence from the State Materials
Bureau before using the new Materials.
423.2.9 Job Mix Formula
The Job Mix Formula (JMF) must be in accordance with all aggregate
gradation requirements and result in a mix that meets all specified mix design
requirements. The Department will refer to the result of the laboratory mix design
developed in accordance with Section 423.2.8, "Mix Design," as JMF1.
Prepare the aggregate gradation of the calibration samples for analysis per
Individually calibrate each oven used to perform
AASHTO T 308.
AASHTO T 308 in accordance with the State Materials Bureau's, Ignition Oven
Calibration Factors procedure including a set for the Referee Lab. Provide a
minimum of five sets of calibration samples. Do not combine the elements of the
calibration samples prepared for the Referee Lab, and provide them, with the
Project Number, Contractor and Project Manager clearly identified to the Project
Manager who will forward them to the State Asphalt Engineer. All quality control,
quality assurance and independent assurance ovens must be calibrated by this
procedure prior to start of production of a JMF. New calibration samples may be
required for new JMF's, as determined by the District Lab Supervisor or the State
Asphalt Engineer. The Project Manager will suspend paving operations until
No additional time or
calibration of the ovens has been completed. compensation will be granted for completion of this requirement.
Job Mix Formula Adjustment
423.2.9.1
The Contractor may request a modification to the JMF based on field testing
of Material produced through the plant. It is expected that minor adjustments will
be necessary and the Project Manager (with the concurrence of the
Department's District Laboratory Supervisor) may approve a new JMF if the
adjustment results in a new TV that is within the tolerance from the design TV.
(Example: If design TV for No. 4 sieve is 30%, then a new TV may be approved
in the field from 23% - 37%). Test results and calculations that verify a proposed
JMF adjustment complies with the specifications will be required prior to being
reviewed by the Project Manager and concurred by the State Materials Bureau.
Review and concurrence of a JMF adjustment can only be made after:
• The Quality Control Plan (including checks on specific gravity) has been
submitted and concurred by the Project Manager and the District Lab
August 26th, 2013
Supervisor for use on the project;
Confirmation by the Project Manager that the Quality Control Plan is being
followed;
Concurrence of the proposed changes from Project Manager and District
Lab Supervisor,
Submittal by the Testing Laboratory responsible for the original mix design
to the Project Manager with a copy to the State Asphalt Engineer.
If the JMF is adjusted after the Shakedown Period, terminate the previous lot
when the adjusted JMF has been reviewed and concurred with by the Project
Manager and the State Materials Bureau. Terminated lot will be added to the
previous lot for evaluation by QLA. Begin a new lot for the QLA with the adjusted
JMF. During the Shakedown Period, make JMF adjustments in accordance with
Section 423.3.5.7, Test Strip and Shakedown Period.
423.3 CONSTRUCTION REQUIREMENTS
423.3.1 General
Provide sufficient storage space for each size of aggregate and RAP. Keep
the different sizes separate until delivery to the cold feed system feeding the
drier. While storing and moving the coarse and fine aggregate, ensure that
segregation, degradation, or combination of Materials of different grades does
not occur. Re-screen or waste segregated or degraded Material. Provide
separate storage and bin feeder for mineral filler if the Contract requires mineral
filler. Stockpile aggregates and RAP that contain gravitational water and allow
them to drain before mixing. After introducing the required amounts of
aggregate, RAP (if used), and asphalt binder into the mixer, mix them until the
aggregate particles are completely and uniformly coated with asphalt binder. If
the Project Manager determines that uncoated aggregate exists, take corrective
action. Ensure that the moisture content of the HMA at discharge from the mixer
does not exceed 0.5%.
423.3.2 Mix Temperature Requirements
Do not allow the temperature of the HMA discharged from the mixer into the
transport vehicle to be greater or less than the target mixing temperature
specified in the mix design by more than 10% F, not to exceed 350° F, unless
written concurrence by the oil supplier and design lab are provided to the Project
Manager. HMA delivered to the project with mix temperatures outside the
acceptable range shall, at the sole discretion of the Project Manager, be removed
and replaced at no cost to the Department.
423.3.3 Addition of Hydrated Lime or Anhydrite Based Material
Add the hydrated lime or anhydrite based material to the aggregate in an
enclosed pug mill immediately after leaving the cold feed and just before
introduction into the drier drum or aggregate drier. Minimize the loss of hydrated
lime or anhydrite based material while adding to the aggregate. Use an enclosed
conveyor belt to prevent blowing or loss of hydrated lime or anhydrite based
material if necessary. During production, if necessary to counteract loss,
Section 423: HOT-MIX ASPHALT - SUPERPAVE (QLA and Non-OLA) Page 9
24_
August 26th , 2013
increase the percentage of hydrated lime or anhydrite based material.
Equip the out feed of the hydrated lime or anhydrite based material silo with a
vane feeder and install a flow sensor on the discharge from the vane feeder.
Ensure that the sensor activates audible and visual signals at the control panel
upon interruption of hydrated lime or anhydrite based material flow.
Equip the hydrated lime or anhydrite based material silo with an approved
means of metering the addition of hydrated lime or anhydrite based material to
the mix at typical discharge rates with an accuracy of ± 3.0 %, by weight.
Approved means of metering hydrated lime or anhydrite based material include
load cell weighing devices placed beneath each leg of the silo, or a weigh belt
feeder between the silo discharge and the pug mill. Obtain Project Manager's
approval for other means of metering the addition of hydrated lime or anhydrite
based material before use. Do not use external strain gauges affixed to the legs
of the silo. If the Contractor uses load cell weighing devices for hydrated lime or
anhydrite based material metering, use a cast-in-place concrete foundation pad
to support the silo. Place grout between the foundation and the load cells to
ensure contact between the load cell and the foundation. Control the hydrated
lime or anhydrite based material content such that at a minimum the amount
added is equal to the Target Value on the Job Mix Formula.
When mixing the aggregate and hydrated lime or anhydrite based material,
maintain the moisture content of the combined aggregate at the recommended
saturated surface dry moisture content, plus an additional 1.5 % ± 0.5 %, by
weight. The Project Manager may increase the moisture content of the coarse
and fine aggregates to properly coat the aggregates with hydrated lime or
anhydrite based material and to eliminate dust pollution. Provide a method to
measure the amount of moisture added to the hydrated lime or anhydrite based
material-aggregate mix. On a daily basis, record the average amount of added
moisture to verify specification compliance. Supply the recorded moisture
information to the Project Manager upon request.
423.3.4 Equipment
423.3.4.1 Mixing Plants
423.3.4.1.1 Plant Scales
Ensure that the scales are accurate to 0.5% of the maximum allowable load in
accordance with the Federal Motor Carrier Safety Administration (FMCSA)
publication. A licensed scale serviceman must certify the scales. Submit a copy
of the certification to the Project Manager.
423.3.4.1.2 Equipment for Preparation of Asphalt Materials
Provide storage tanks for asphalt binder capable of heating and holding the
asphalt at the required temperatures and measuring the temperature of the
asphalt in the tank. Use approved heating methods that do not allow flames in
contact with the tank. Design the circulating system for the asphalt binder to
ensure proper and continuous circulation during the operating period. Allow
measuring and sampling of asphalt binder from the delivery truck upon arrival.
Section 423: HOT-MIX ASPHALT - SUPERPAVE (QLA and Non-QtA) Page 10
August 26th, 2013
423.3.4.1.3 Feeder for Drier
Equip the plant with an accurate feeding mechanism to deliver the aggregate
into the drier and maintain uniform production and temperature.
423.3.4.1.4 Drier
Equip the plant with a system to continuously agitate the aggregate during the
heating and drying process. Use a drier that can dry and heat the aggregate and
prevent fuel oil or carbon from coating the aggregate. Take corrective action if
the aggregate becomes coated with burner fuel.
423.3.4.1.5 Bins
Equip the plant with storage bins large enough to supply the mixer when it is
operating at full capacity. Arrange the bins to ensure separate and adequate
storage of the appropriate fractions of the mineral aggregates. When necessary,
use separating boards. Provide separate dry storage for hydrated lime or
anhydrite based material. Ensure that the gates on the bins do not leak. Equip
the bins with warning devices that notify the control panel when the bins are low.
423.3.4.1.6 Asphalt Binder Control Unit
Equip the plant with the following:
A scale or meter to obtain the proper amount of asphalt binder in the mix,
within the allowable tolerances; and
A meter for checking the quantity or rate of flow of asphalt binder put in
the mixer.
423.3.4.1.7 Thermometers
Equip the asphalt feed line, near the charging valve at the mixer unit, with an
approved recording thermometer with a range of from 100 °F to 400 °F. Equip
the discharge chute of the drier with an approved recording thermometer to
automatically register the temperature of the heated aggregates or mix, as
necessary. Provide the Project Manager with a record of discharge temperatures
at the end of each week's production and when requested by the Project
Manager during the course of production.
423.3.4.1.8 Truck Scales
Weigh the HMA on approved scales (provided by the Contractor) or public
scales in accordance with Section 109.1, "Measurement of Quantity."
423.3.4.1.9 Requirements for Batching Plants
423.3.4.1.9.1 Weigh Box or Hopper
Provide a batching plant that can accurately weigh aggregate in a weigh box
or hopper suspended on scales. Use a weigh box or hopper that can hold a full
batch. Ensure that the gate of the weigh box or hopper does not allow material
to leak into the mixer while being weighed. Test the scales in accordance with
Section 109.1, "Measurement of Quantity."
August 26th , 2013
423.3.4.1.9.3 Mixer
Provide a batch mixer with a capacity of at least 2,000 lb, capable of
producing a uniform mixture within specified tolerances.
423.3.4.1.9.4 Control of Mixing Time
Equip the mixer with an accurate timing device that signals the end of the
mixing time.
423.3.4.1.10 Drum Mix Plants
Equip the drum mix plant with the following auxiliary Equipment and
capabilities:
Separate cold feed controls for each Material.
An automatic interlocking device for cold feed, asphalt, and additive.
A means for determining moisture content of aggregate so the dry weight
of cold feed can be determined for proper setting of asphalt and additive
flow. Determine the moisture content of the aggregate at least twice daily
and adjust the moisture correction Equipment accordingly.
A means for sampling individual cold feeds and provisions for sequential
sampling of aggregate, RAP, asphalt binder, and additives while under full
production.
Measure the temperature of the mix at the discharge and the automatic
burner controls.
A surge storage system having a minimum capacity of 40 ton, designed
and equipped to prevent segregation. Equip, the surge storage system
bins with mechanical or electrical devices that provide an audible or visual
warning when the bins are less than 1/4 full.
Equip the bin containing fine aggregate and filler, if required, with a device
that prevents material hang-up during plant operation.
A minimum of one cold feed bin for each aggregate fraction in the mix.
9. Equip the cold feed with mechanical or electrical devices that indicate
when the bins are empty or when the cold feed belt is not carrying the
proper amount of Material. The device shall automatically lock the cold
feed belt and provide an audible or visual warning.
10.A separate cold feed for RAP Material. Introduce RAP so that it does not
come into direct contact with the burner flame.
11. Equip the feeding mechanism with an individual belt feeder with a variable
speed feeder drive controlled by electronically operated actuators. Couple
the asphalt feed control with the total-aggregate-weight measurement
device to automatically vary the asphalt feed rate to maintain the required
proportion.
423.3.4.2 Haul Equipment
Haul asphalt mixtures with trucks that have tight, clean, smooth metal beds
and a thin coat (a minimal amount) of a Department-approved release agent to
prevent the mixture from adhering to the bed. Do not use release agents derived
from petroleum derivatives, including but not limited to diesel fuel that
Section 423: HOT-MIX ASPHALT - SUPERPAVE (3LA and Non-QLA) Page 12
August 26th, 2013
contaminate or alter the characteristics of the mix.
Be prepared to cover and insulate hauling beds. Equip each truck with a
waterproof and windproof cover of suitable material and sufficient size to protect
the mix from the weather. Securely fasten covers when necessary to maintain
temperature. Ensure that covers do not allow water to enter the bed, paver or
mix material transfer device during mix unlading. Use insulated truck beds when
necessary to maintain temperature.
423.3.4.3 Pavers
Use self-contained, self-propelled pavers, with activated screeds or strike-off
assemblies, heated if necessary, and capable of spreading and finishing courses
of HMA in accordance with the Plans.
423.3.4.4 Compaction Equipment
Provide a sufficient number, weight, and type of rollers to obtain the required
compaction and specified pavement density while the HMA is in a workable
condition. All rollers must be capable of reversing direction without shoving or
tearing the mixture
423.3.5 Placement Operations
For cold milled surfaces, prepare the surface in accordance with Section 414,
Cold Milling. Clean the existing surfaces and apply a tack coat in accordance
with Section 407, "Tack Coat."
Place the HMA on the approved surface, then spread, and strike off to the
specified grade and elevation. Spread and compact the HMA in layers in
accordance with the Plans.
For new construction and reconstruction, prepare the Subgrade or Base
Course as follows:
Clean of loose or Deleterious Materials;
Free of frozen material; and
Meet the moisture and density requirements.
Place prime coat, as required in the plans unless otherwise approved by
the Project Manager, in accordance with Section 408, Prime Coat.
Place the HMA on the approved surface, then spread, and strike off to the
specified grade and elevation. Spread and compact the HMA in layers in
accordance with the Plans.
On all prepared surfaces, dump the HMA from the haul equipment directly
into a Material Transfer Device capable of re-mixing the HMA; into the paving
machine hopper or onto the paving surface and then, load it into the paving
machine with an appropriate windrow elevator. Do not dump the HMA more than
250 ft in front of the paving machine or allow the loading equipment to exert any
vertical load on the paver. Pick up and load all of the HMA into the paver.
Consistently overloading the HMA mix into the paving machine is not acceptable.
Coordinate the speed of the paving machine with the production of the plant and
?R'
2'1
August 26th , 2013
keep enough haul equipment available to achieve continuous operation.
Use the control system on the paving machine to control the grade and the
transverse slope by either of the following methods:
One end directly and the other indirectly through controlling the transverse
slope; or
Each end independently, including screed attachments.
Suspend operations if the control system does not achieve the typical section
in accordance with the Plans. Place, spread, and finish the courses of HMA
according to the following:
Without segregation or tearing ;
True to the line, grade, and crown in accordance with the Plans; and
3. With self-propelled pavers, except as otherwise directed.
On areas where irregularities or unavoidable obstacles make the use of
mechanical spreading and finishing Equipment impracticable, dump, spread, and
level the HMA by other methods to achieve the required compacted thickness.
423.3.5.1 Weather Limitations
Do not place HMA on wet or frozen surfaces or if weather conditions prevent
proper handling, finishing, and compacting. Place HMA when the Chill Factor is
at least 40 °F and rising. If the air temperature is 60 °F or warmer, do not
consider the Chill Factor.
423.3.5.2 Compaction
Compact the HMA thoroughly and uniformly immediately after placement.
Operate rollers at speeds slow enough to minimize displacement of the HMA,
including the lines and grades of the asphalt edges. Remove marks from
pneumatic rollers and immediately correct any displacement. The Department
will not allow the use of equipment that crushes the aggregate excessively.
Prevent the HMA from sticking to the roller wheels by keeping the wheels
moistened with water; water mixed with very small quantities of detergent or
other approved material. Do not use diesel fuel or other petroleum diluents. At
locations inaccessible to the rollers, compact the HMA with hot hand tampers,
smoothing irons, or mechanical tampers. The Contractor may use a trench roller
or cleated compression strips under the roller to transmit compression to
depressed areas.
Remove areas that become loose, broken, mixed with dirt, segregated or
defective, replace with fresh HMA, and compact to match the surrounding area,
at no additional cost to the Department. Immediately correct areas that have
excessive or deficient asphalt binder.
423.3.5.3 Not Used
423.3.5.4 Joints
Place the HMA as continuously as possible. Do not pass rollers over the
unprotected end of a freshly laid mixture. When placing open-graded friction
course over HMA, stagger longitudinal joints at least 6 in relative to the
Section 423: HOT-MIX ASPHALT - SUPERPAVE (CILA and Non-QLA) Page 14
August 26th, 2013
longitudinal joints of the underlying course. Unless otherwise specified, taper
transverse and longitudinal joints as follows:
At least a 3 ft taper for transverse joints, with a taper slope no steeper
than 24:1.
At least a 1 ft taper or a notched taper, for longitudinal joints, with a taper
slope no steeper than 6:1 or a notched taper with a one inch vertical edge
at the top of the taper connected to a slope no steeper than 6:1.
Cut and square off transverse tapers before commencing new Work.
Clean and tack coat longitudinal joints from previous operations.
5. Avoid placing longitudinal joints in the wheel paths, unless approved by
the Project Manager.
Completely bond joints. Smooth the surface of each course at the joints. The
Department will not allow deviations greater than 3/16 in when tested with a 10 ft
straightedge in any direction. When paving under traffic, schedule the daily
surfacing operations so that tapered longitudinal joints are not exposed for longer
than 7 Days.
423.3.5.5 Surface Tolerances
Smooth the surface of each completed course and prevent deviations larger
than 1/8 in using a 10 ft straightedge in any direction. Immediately correct
deviations exceeding this tolerance. Provide a final HMA surfacing course that
conforms to Section 401, "Pavement Smoothness Measurement," if applicable.
423.3.5.6 Plan Surfacing Depths
Provide pavement at the depth specified in the Contract. Monitor depths by
calculating continuous production yields using the formula found in the MT-1, as
maintained by the State Construction Bureau. Calculate the required yield and
the corresponding yields for 0.25 inch increase (upper limit) and decrease (lower
limit). The Project Manager may adjust the required yield to fit field conditions. If
adjusted, the new target yield will be communicated to the Contractor in writing.
Control production to keep yield within the upper and lower limits. Correct
deficiencies at no cost to the State. Correct deficient depths during placement.
Address Plan Surfacing Depths in the Quality Control Plan.
423.3.5.7 Test Strip & Shakedown Period
Construct a maximum 1,000 ton test strip for each HMA mix design with a
minimum of three Contractor and three agency samples to evaluate the JMF,
process control, and placement operations. Construct test strip on shoulder, low
volume segments of the pavement, or area approved by the Project Manager.
Correct and modify non-complying placement operations and produce necessary
process control adjustments. Develop a revised JMF if necessary based on the
results of the test strip. Production and placement operations prior to approval of
the revised JMF and placement operations are at the Contractor's risk. For
purposes of payment, the test strip will be evaluated in conformance with Section
416, Minor Paving. If accepted, the test strip will have a pay factor of 1.0. If
rejected, said material shall be handled in accordance with Section 423.3.6.1.3
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Adherence to Specifications and Rejection of Non-specification Material.
Remove unaccepted test strip material placed within the roadway prism at no
cost to the Department. If the Contractor disagrees with removing and replacing
unacceptable material placed in test strips outside the roadway prism, the
Assistant District Engineer for Construction, based on engineering judgment, will
decide if the material can remain in place with a maximum pay factor of 50%, or
shall be removed and replaced at no cost to the Department. If the test strip is
rejected, construct a subsequent test strip. Do not proceed to full production until
an accepted test strip is produced. After the test strip is placed, continue to
evaluate the mix properties and the JMF during the placement of the first two
sublots in the first lot. Changes may be made to either the JMF or the mix
proportions and/or properties with the concurrence of the Assistant District
Engineer for Construction. For changes made prior to the completion of the first
two sublots, the adjustments will be applied to the entire lot for purposes of
payment.
The Project Manager may waive test strip requirements for the project, if
requested by the Contractor based on prior experience with the JMF.
For QLA projects, the Shakedown Period is defined as the first two sublots
produced in the first lot.
For non-QLA projects, the Shakedown Period is defined as the test strip. As
the test strip is placed, evaluate the mix properties and the JMF. Changes may
be made to either the JMF or the mix proportions and/or properties with the
concurrence of the Assistant District Engineer for Construction.
423.3.6 Sampling and Testing
Sample and test the aggregate production and HMA mixture in accordance
with Section 901, Quality Control /Quality Assurance (QC/QA), and the
Department's "Minimum Testing Requirements for Non QLA Hot Mix Asphalt".
Department personnel may test locations other than the random locations
generated for statistical analysis. These tests will not be used for pay factor
determination, but may be used to determine acceptance or rejection of localized
material.
423.3.6.1 Contractor Quality Control
Administer a Quality Control Plan, referred to hereafter as "the Plan," to
provide a product in accordance with the Contract. Ensure the Plan conforms to
Section 901.2, "Contractor Quality Control." Submit the Plan a minimum of two
weeks prior to commencement of crushing operations and at a minimum comply
with "Contractor Quality Control Plan Guidelines". No HMA operations are
allowed until the Plan has been approved by the Project Manager and the District
Lab Supervisor. Address changes in the job mix formula in conformance with
Section 423.2.9.1, Job Mix Formula Adjustments.
The Plan shall do the following:
1. Address elements that affect the quality of the asphalt concrete including,
but not limited to, the following:
1.1. Mix design;
August 26th, 2013
1.2.
1.3.
Sampling and Testing;
Aggregate production;
1.3a Gradation,
1.3b Minus 200 wash,
1.3c Plasticity index,
1.3d Sand equivalent,
1.3e Fine aggregate angularity,
1.3f Flat and elongated particles count, and
1.3g Fractured Face count.
1.4. RAP (if used)
1.5. Quality of components:
1.6. Stockpile management;
1.7. Proportioning;
1.7a Gradation,
1.7b Minus 200 wash,
1.7c Plasticity index,
1.7d Sand equivalent,
1.7e Fine aggregate angularity,
1.7f Flat and elongated particles count, and
1.7g Fractured Face count.
1.8. Mixing, including addition of hydrated lime or anhydrite based
material, and/or asphalt additive, if required;
1.9. Transporting;
1.10. Placing and finishing;
1.11. Joints;
1.12. Compaction;
1.13. Smoothness;
1.14. Plan Surfacing Depths
1.15. Shakedown period.
1.16 Corrective Action Processes
1.17 Proposed lot size and sublot size in accordance with Section
423.3.6.2.1.2 QLA
For the properties listed in 1.3 above, specifically address the
requirements of Table 423.2.2.1.2:1 in the Plan. Define planned
corrective action if the requirements are not met.
1.3a and 1.3b are for informational purposes during aggregate
production.
1.3c through 1.3g, if three consecutive tests fail, address what will
change in production. Failure to adjust will result in ceasing
operations until a corrective action plan is approved by the Project
Manager.
For the properties listed in 1.7 above, specifically address the
requirements of Table 423.2.2.1.2:1 in the Plan. Define planned
corrective action if the requirements are not met.
1.7a and 1.7b are to be evaluated against the Job Mix Formula.
August 26th, 2013
For properties listed in 1.7c throughl.7d, if any three consecutive
tests fail, the Contractor is to cease operations until a corrective
plan is approved by the Project Manager and implemented.
For properties listed in 1.7e through 1.7g, any test failing by more
than 5 percentage points, or if three consecutive tests fail by an
average of 0 to 5 percentage points, cease operations until a
corrective plan is approved by the Project Manager and
implemented.
2.
Employ sampling and testing personnel who are either under the
direct supervision of a TTCP certified technician or who are themselves
currently certified to perform the required quality control testing. Provide
the Project Manager with a listing of all testing personnel that summarizes
their TTCP certifications or, if they are not TTCP certified to perform a
particular test, which TTCP certified technician is supervising their testing.
Keep the Project Manager notified, by providing an updated listing, of any
changes.
Provide testing equipment that meets all applicable ASTM and
AASHTO requirements to accomplish required sampling and testing.
Establish a Laboratory for the project separate and distinct from the
Department's Laboratory and quality assurance facilities. Submit
verification that all quality control and assurance testing Equipment meets
the applicable standards and has been calibrated per the requirements of
AASHTO R-18. Remove any Equipment that does not meet the
applicable standards or calibration requirements.
On projects designated as QLA projects, sample and test HMA in
accordance with Section 901, "Quality Control/Quality Assurance
(QC/QA)."
2.1. The Contractor is responsible for inspection performed at the
crushing operations, hot mix plant and at the Contractor's field
Laboratory; using the Laboratory test results and other quality control
practices to ensure the quality of aggregate sources and other mix
components. Adjust and control mix proportioning to meet the mix
design. Be responsible for periodically inspecting all Equipment used
in proportioning and mixing to ensure its proper operating condition
and to ensure that proportioning and mixing is in conformance with the
mix design and other requirements.
2.2
Be responsible for inspection, sampling, and testing performed at
the paving site, ensuring that the delivered Materials meet Contract
requirements and for periodically inspecting all Equipment used in
transporting, placing, finishing, and compacting to ensure its proper
operating condition. Ensure that placing, finishing, joint construction,
compaction, and thickness, when required, are as specified.
3. Define and document the coordination of activities between the
Contractor's management and all Contractor testing personnel including the
frequency of each type of test, the criteria used by the Contractor's
management and technicians to recognize deficiencies and reject or correct
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August 26th, 2013
unacceptable Materials, and a description of proposed corrective actions.
4. In the Plan, describe, in detail, the proposed process control sampling and
testing programs. Include the method by which random sampling locations
are to be determined. Develop sample locations for process control tests so
that the center of the sample is at least 12 inches from a joint or edge of the
pavement layer.
423.3.6.1.1 Contractor Quality Control of Aggregate
Obtain samples in accordance with Section 901.2.4 Sampling
Take representative samples as required, either at the stockpile or after the
aggregate material is combined but before the addition of hydrated lime or
anhydrite based material and mixing with asphalt binder. Test these samples for
conformance with the approved Job Mix Formula and: (excluding RAP)
Gradation,
Minus 200 wash,
Plasticity index,
Sand equivalent,
5. Fine aggregate angularity,
Flat and elongated particles count, and
Fractured Face count.
The Project Manager may sample and test the aggregate at any time during
production or stockpiling, or may request to split samples with the Contractor. If
testing indicates corrections are necessary, make corrections in conformance
with the Plan. The Department will base evaluation of RAP aggregate in
accordance with Section 423.2.7, "Reclaimed Asphalt Pavement."
423.3.6.1.2 Contractor Quality Control for Compaction
Monitor the compaction process by determining the density of the HMA with
a portable densometer in accordance with the Plan. Establish calibration of the
portable densometer from cut pavement samples. Determine the density
readings of the cut pavement samples in accordance with AASHTO T 166
(weight, volume method) and determine the density readings of the pavement
with the portable densometer. Correlate these test results. Conduct Quality
Control testing in accordance with Section 901, "Quality Control/Quality
Assurance (QC/QA)," and provide test results to the Project Manager. Perform
quality control density testing while the asphalt mixture is hot enough to permit
further compaction. Do not roll for compaction when it becomes ineffective or
damages the HMA. Do not use vibratory mode when the temperature of the mix
is below 200 °F.
423.3.6.1.3 Adherence to Specifications and Rejection of Nonspecification Material
Produce Material in compliance with all specification requirements. Evaluate
test results for specification compliance and treatment of Material that does not
meet specifications in accordance with Section 423 in its entirety. All Material
that is rejected shall, at the sole discretion of the Department, be removed and
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August 26th, 2013
replaced with specification Material at the Contractor's expense.
423.3.6.2 Department Quality Assurance
The Department will conduct Quality Assurance Testing in accordance with
Table 423.3.6.2:1. Assurance Testing is performed to verify that the Contractor's
testing program is accurately determining the quality of the materials and is being
used to monitor and adjust the mix to meet the Mix Design criteria. If the
Department's tests are out of the below tolerances for three consecutive tests for
the same characteristic, or if any two or more characteristics are out for three
consecutive days, the Contractor and the Project Manager will investigate the
cause of the discrepancy. The Project Manager may direct the Contractor to
Results of Quality
cease production until the discrepancy is corrected.
Assurance Testing will be provided to the Contractor no later than 48 hours after
sampling. Results of Quality Assurance testing shall not be included in the
Quality Level Analysis used to determine pay factors or for determining
acceptance.
Table 423.3.6.2:1
Assurance Testing Tolerance?
Specification limit, percentage
•oints from TV
Characteristic
1.4
Air Voids, %
2.5
Pavement Density %
Hydrated Lime or Anhydrite Based
Minimum of JMF Target Value
Material %e
±5
Nominal Sieve, eic`
8
3/8 in Sieve, %a
7
No. 4 Sieve, %a
1.4
No. 200 Sieve, e/oa
Voids in the Mineral Aggregate (VMA),
1.6
0.50
Asp halt Content %a,)
aAll gradation, Asphalt Content, VMA, and VFA values will be determined using
the AASHTO T 308 testing results.
b HMA will not be rejected based on Asphalt Content Determined by AASHTO T
308
`The "Nominal Maximum Sieve" is the sieve above the first sieve retaining 10%
or more material.
d If Gmm fluctuates more than ±0.03 on a consistent basis, it is recommended
that the Specific Gravity of the aggregates be checked in order to verify VMA.
e lf Hydrated Lime or Anhydrite Based Material is below Design TV cease hot mix
production, investigate and correct.
August 26 th, 2013
423.3.6.2.1 Acceptance
The Department will evaluate Materials for acceptance in accordance with
this section. Sample and test the mixture and pavement on a statistically random
basis in accordance with Table 901.7:6, "Minimum Acceptance Guidelines." The
Project Manager may reject material that appears to be defective based on visual
inspection.
Table 423.3.6.2.1:1
Acceptance Testing Tolerances'
Characteristic
Specification limit, percentage points
from TV
Air Voids, %
± 1.4
Pavement Density eio e
± 2.5
Hydrated Lime or Anhydrite Based
Minimum of JMF Target Value
Material %a
Voids in the Mineral Aggregate (VMA),
± 1.6
% a,d
Asphalt Content % a ' b
± 0.50
a All gradation, Asphalt Content, VMA, and VFA values shall be determined using
the AASHTO T 308 testing results.
b HMA will not be rejected based on Asphalt Content Determined by AASHTO T
308
•
Density payment will be adjusted in accordance with Section 901.5
If Gmm fluctuates more than ±0.03 on a consistent basis, it is recommended that
the Specific Gravity of the aggregates be checked in order to verify VMA.
If Hydrated Lime or Anhydrite Based Material is below Design TV cease hot mix
production, investigate and correct.
423.3.6.2.1.1 Non-QLA
The Department will evaluate (QA) test results from projects with Bid
quantities less than 15,000 tons for specification compliance in accordance with
the following procedures: If the mean of the test results for each property is
within the Acceptance Tolerances as listed in Table 423.3.6.2.1:1, "Acceptance
Testing Tolerances," the Material will be accepted at full Contract price except
that Roadway density will be adjusted in price in accordance with Section 901.5,
Quality Level Analysis. If the mean of the test results for any of the listed
properties is outside of the tolerances as listed in Table 423.3.6.2.1:1,
"Acceptance Testing Tolerances," then the Department will determine
acceptance of the Material in accordance with 901.1.3, "Acceptance Sampling
96,
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August 26th, 2013
and Testing," and Section 901.5, "Quality Level Analysis." A composite pay
factor of more than 1.00 is not allowed for projects with Bid quantities less than
15,000 tons. Remove and replace rejected Material with specification Material
at no additional cost to the Department.
423.3.6.2.1.1.1 Acceptance of Pavement Density
The target density for acceptance of HMA will be 94.5% of the theoretical
maximum density as determined from AASHTO T 209. For determination of
maximum specific gravity, obtain and test a minimum of two samples and ensure
the Department obtains and tests a minimum of one sample for each day that the
HMA is placed. Each individual density test value obtained must be from 92.0%
to 97.0% of the theoretical maximum density.
To be prepared for dispute resolution, the Contractor is to provide one
additional core for each core tested by the Department for acceptance of density.
The additional core is to be from the same lot as the initial core and shall be
generated from the random sample plan. If the Contractor believes the
Department's cut pavement samples have been damaged they may invoke
Section 423.3.7 Dispute Resolution. The Referee Lab results will replace the
initial core in determining pay factor. The Assistant District Engineer for
Construction will make the final decision on accepting or rejecting material,
based on the Referee Laboratory's result(s) by:
Accepting the section or sublot if the density falls between 92.0% - 97.0%;
Determining that a portion, based on visual determination, or all of the
Material in that section or sublot shall be removed or replaced at no
additional cost to the Department;
3. Determining that a portion, based on visual determination, of the Material
in that section or sublot will be paid for at a 50% pay factor.
For purposes of acceptance and pay factor determination, determine the
density from cut pavement sections (cores) with 6-inch diameters extending
through the full thickness of the HMA. Determine the pay factor in accordance
with Section 901.5, Quality Level Analysis. Use a minimum of ten cores to
determine the pay factor, unless otherwise directed by the Assistant District
Engineer for Construction. Determine the theoretical maximum density using an
average of the maximum specific gravity values obtained by the Department and
the Contractor the day the core's Material was placed. If a composite pay factor
of more then 1.00 is calculated, the composite pay factor will be a 1.00 for the
purposes of payment.
For projects consisting of single lift overlays or mill and inlay with a single lift
of two and a half inches or less, the Project Manager may grant an exception to
the mean density target requirement of at least 94.5% of the theoretical
maximum density if the Contractor can demonstrate that a minimum of 92.0%
cannot be reasonably obtained because of the existing conditions of the
Pavement Structure or Subgrade materials. The Contractor demonstrates this by
providing density results obtained during paving operations witnessed by a state
inspector at the location in question. If the Project Manager grants this
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August 26th, 2013
exemption, construct a roadway test strip and develop an HMA compaction
process to get the highest possible density based on an approved roller's density
gain per pass, in accordance with Section 423.3.4.4, Compaction Equipment.
The Project Manager will approve the process, establish a new target value for.
density and establish a new acceptance lot only for the portion of the project
addressed herein (except for the roadway test strip) before paving begins or
continues. Density shall not fall below 91%. If a lot does not meet either of the
revised density requirements, the Project Manager will, with the concurrence of
the Assistant District Engineer for Construction, do the following:
Accept and pay for the lot of HMA at 50% of the Bid Item Unit Price; or
Reject the in-place material and require the Contractor to remove and
replace.
423.3.6.2.1.2 QLA
On projects with Bid quantities of 15,000 tons or more, the Department will
determine acceptance of the Materials in accordance with Section 901.5, "Quality
Level Analysis," using the acceptance limits in Table 423.3.6.2.1:1, "Acceptance
Testing Tolerances". Acceptance lots shall be between 15,000 tons and 30,000
tons, as determined at the pre-paving conference. Table 423.3.6.2.1:2 indicates
properties that will be tracked for purposes of Quality Assurance. For all QLA
projects, if a composite pay factor of more than 1.00 is calculated, the composite
pay factor will be a 1.00 for the purposes of payment.
423.3.6.2.1.2.1 Acceptance of Pavement Density
The target density for acceptance of HMA will be 94.50% of the theoretical
maximum density as determined from AASHTO T 209. For determination of
maximum specific gravity, obtain and test a minimum of two samples and ensure
the Department obtains and tests a minimum of one sample for each day that the
HMA is placed, in accordance with the random sampling plan. Each individual
density test value obtained must be from 92.0% to 97.0% of the theoretical
maximum density.
For purposes of acceptance and pay factor determination, determine the
density from cut pavement sections (cores) with 6-inch diameters extending
through the full thickness of the HMA. Determine the pay factor in accordance
with Section 901.5, Quality Level Analysis. Use a minimum of ten cores to
determine the pay factor, unless otherwise directed by the Assistant District
Engineer for Construction. To be prepared for dispute resolution, the Contractor
is to provide one additional core for each core tested by the Department for
acceptance of density. The additional core is to be from the same lot as the
initial core and shall be generated from the random sample plan. If the
Contractor or Department believes the Department's cut pavement samples have
been damaged they may invoke Section 423.3.7 Dispute Resolution. The
Referee Lab results will replace the initial core in determining pay factor.
Determine the theoretical maximum density using an average of the maximum
specific gravity values obtained by the Department and the Contractor the day
the core's Material was placed. If a composite pay factor of more then 1.00 is
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August 26th , 2013
6
calculated, the composite pay factor will be a 1.00 for the purposes of payment.
For projects consisting of single lift overlays or mill and inlay with a single lift
of two and a half inches or less, the Project Manager may grant an exception to
the mean density target requirement of at least 94.5% of the theoretical
maximum density if the Contractor can demonstrate that a minimum of 92.0%
cannot be reasonably obtained because of the existing conditions of the
Pavement Structure or Subgrade materials. The Contractor demonstrates this by
providing non-destructive density results obtained during paving operations
witnessed by a state inspector at the location in question. If the Project Manager
grants this exemption, construct a roadway test strip and develop an HMA
compaction process to get the highest possible density based on an approved
roller's density gain per pass, in accordance with Section 423.3.4.4, Compaction
Equipment. The Project Manager will approve the process, establish a new
target value for density and establish a new acceptance lot only for the portion of
the project addressed herein (except for the roadway test strip) before paving
begins or continues. Lot density shall not fall below 91%. If a lot does not meet
either of the revised density requirements, the Project Manager will, with the
concurrence of the Assistant District Engineer for Construction do the following:
Accept and pay for the lot of HMA at 50% of the Bid Item Unit Price;
or
Reject the in-place material and require the Contractor to remove and
replace at no cost to the Department.
423.3.6.3 Independent Assurance Testing
The Department will perform independent assurance sampling and testing in
accordance with Section 901.3, "Independent Assurance Testing."
423.3.7 Dispute Resolution
For any test incorporated into the pay factor, if a dispute exists between the
Department and the Contractor about the validity of the test result, either party
may invoke a referee lab. The State Asphalt Engineer will maintain a list of labs
that are willing and capable of performing referee testing. All referee labs shall
be PASHTO Materials Reference Laboratory (AMRL) certified for the test(s) to be
performed. Neither the Department's project staff, nor the Contractor will know
who is performing the referee testing. The State Asphalt Engineer will select a
laboratory, without disclosing the name of the lab to Department Project
Personnel or Contractor personnel, from the following, not in priority order:
A district laboratory not from the district in which the project resides; or
A private laboratory currently listed on the State Material's Bureau's list of
approved private labs not involved in the subject project in any manner,
such as mix design submittal, preliminary testing for design, etc. Only
laboratories that are in the routine business of providing testing and
designs will be considered. Contractor owned laboratories will not be
allowed.
Section 423: HOT-MIX ASPHALT - SUPERPAVE (DLA and Non-QLA) Page 24
August 26 th, 2013
When a referee lab is used, the referee lab's test results will be used in
determining the pay factor. The referee lab must be invoked in writing within
seven calendar days of receiving the test results from the other party. If not
invoked within seven calendar days, the test results are deemed accepted. The
results will be used to determine pay factors. The Department's prior test results
or the Contractor's prior test results for the test in question will be discarded. If
the composite pay factor decreases from applying the referee lab's results, the
Contractor shall pay for the testing performed by the referee lab. If the
composite pay factor increases from applying the referee lab's results, the
Department will pay for the testing performed by the referee lab. If the composite
pay factor remains unchanged, the cost shall be split with each party responsible
for 50% of the total cost.
For all testing incorporated into the pay factor, each party shall generate an
additional split sample from the Department's Acceptance Samples and the
Contractor's Quality Control Samples used in pay factor analysis. Failure to
provide the referee samples prior to testing the initial sample will result in the
Project Manager suspending the project at no cost to the Department. Additional
time will not be added to the Contract for project suspension caused by failure to
comply with Dispute Resolution Process. Work shall not resume until the
Contractor provides the delayed sample(s) and satisfies the Project Manager, in
writing, that future samples will be provided in compliance with this requirement.
The extra sample(s) is (are) to be retained by the Department. The Department
will retain the samples at the project location inside a locked cargo container,
provided by the Contractor at no cost to the state. The state will provide the lock
for the cargo container. Once the pay factor is determined dispose of the unused
samples at no cost to the Department. In no case will the unused samples be
disposed of prior to the seven calendar day period in which the Dispute
Resolution process may be invoked.
For Pavement Density, the Contractor shall provide an additional core only for
each core provided to the Department for Acceptance. The additional core will
be stored and retained in the provided container. Should the Contractor invoke
the Dispute Resolution Process for Density, the second core will be provided to
the Referee Lab. The density pay factor for the material in question will be based
solely on the Referee Lab result, not including Department or Contractor results.
Failure to comply with the requirements contained herein will result in the pay
factor being calculated in accordance with the applicable Sections of 423,
Superpave (QLA and Non-QLA), and 901, Quality Control/Quality Assurance
(QC/QA). No test results will be replaced by referee results.
423.4 METHOD OF MEASUREMENT
If the Department measures HMA by the square yard, the Department will use
the average width of the HMA in place and the length from station to station
along the centerline of the Roadway when calculating quantities.
100
in!
August 26 th , 2013
Pay Item
Pay Unit
HMA Complete
Ton or Square Yard
Ton or Square Yard
HMA
The Department will pay for accepted quantities at the Bid Item Unit Price,
adjusted in accordance with Section 423.5.1, "Price Adjustments." Providing and
transporting all cores, samples and storage containers shall be incidental to the
Pay Items above.
423.5.1 Price Adjustments
423.5.1.1 Projects with Bid Quantities of 15,000 Tons or Greater
The Department will pay for accepted quantities of HMA or HMA Complete at
the Bid Item Unit Price, adjusted in accordance with Section 901.5, "Quality Level
Analysis." The HMA will be evaluated on a lot-by-lot basis at a price determined
by multiplying the Bid Item Unit Price by the weighting factor. The Department
will use Table 423.5.1.1:1, "Weighting Factors," to calculate each lot's composite
pay factor. The pay factor for the entire project will be calculated by applying
weighted averages, based on tonnage contained within each lot, to each lot's
composite pay factor. If the composite pay factor for a lot is greater than 1.0, the
pay factor will be set at 1.0.
Table 423.5.1.1:1
Weighting Factors
"f" Factor (%
Characteristic
Mat Density
35
Air voids
35
Voids in the mineral aggregate (VMA)
20
10
Asphalt Content*
* If the individual pay factor for asphalt content is less than 0.75, it will be set at
0.75 for the purpose of calculating payment.
423.5.1.2 Projects with Bid Quantities Less than 15,000 Tons
The Department will pay for accepted quantities of HMA or HMA Complete at
the Bid Item Unit Price if the mean of the test results for each property is within
the testing tolerances as listed in Table 423.3.6.2.1:1, "Acceptance Testing
Tolerances." If the mean of the test results for any of the listed properties is
outside of the testing tolerances as listed in Table 423.3.6.2.1:1, "Acceptance
Testing Tolerances," then the Department will determine the price adjustment for
the Material in accordance with the Department's Price Reduction Procedures
current at the time of the Project letting. In no case will the pay factor be greater
than 1.00.
423.5.1.2.1 Price Adjustment for Pavement Density (Bid Quantities Less
than 15,000 Tons)
The Department will adjust the Bid Item Unit Price for the HMA or HMA
Complete Pay Item, based on the Roadway density, in accordance with Section
August 26th, 2013
901, Quality Control/Quality Assurance (QC/QA), specifically Section 901.5,
Quality Level Analysis. If the composite pay factor for a lot is greater than 1.0,
the composite pay factor will be set at 1.0 for purposes of payment. The
Department will apply the price adjustments to the HMA pay item for each lot.
The Department will base price adjustments on the average of all density tests
for the lot.
Page 27
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August 26th, 2013
QUALITY CONTROL/QUALITY ASSURANCE (QC/QA)
SECTION 901
All Provisions of the New Mexico Department of Transportation Standard Specifications
for Highway and Bridge Construction shall apply in addition to the following:
Delete SECTION 901- QUALITY CONTROL/QUALITY ASSURANCE (QC/QA) in its
entirety and substitute the following:
DEFINITIONS:
Direct Supervision. The required supervision of a TTCP trainee by a certified TTCP
technician who is on a project with the trainee and who is both signing off and is
personally responsible for all of that trainee's sampling and testing procedures, results
and reports.
Qualified Sampling and Testing Technician. A technician who has been certified
under TTCP to independently perform inspections, sampling, and testing in specified
Materials testing area(s) for either quality control or acceptance testing. The term
"qualified" and "certified" have the same meaning.
TTCP Trainee. A technician who has attended the appropriate TTCP training class and
has a certificate of completion, and is receiving required "on-the-job-training" under the
direct supervision of a TTCP certified technician, as such is eligible to take a particular
TTCP certification exam.
Validation. A procedure using statistical methods to compare the Contractor's and the
Department's test results, specifically, the F-test to compare variances and T-test to
compare means.
901.1 INSPECTIONS AND TESTING OF MATERIALS
901.1.1 General
Materials are subject to inspection, sampling, and testing before acceptance of the
work. References in the Contract to test methods or specifications are to the latest
versions as of the Bid Advertisement date, unless otherwise noted. Test methods may be
subject to modification at the discretion of the State Materials Bureau. The Department's
current TTCP Manual contains AASHTO and ASTM test method modifications. Testing
frequency must be equal to or greater than the Minimum Testing Requirements, available
here: http://nmshtd.state.nm.us/main.asp?secid=15344
The Department will sample and test Materials for acceptance unless otherwise
specified in the Contract. The Department will provide acceptance test results to the
Contractor within 2 Working Days after sampling, but only after Contractor QC tests have
Section 901: QUALITY CONTROUQUALITY ASSURANCE (QC/QA) Page 1
*
cask
August 26th , 2013
been received for the same sublot, and will provide other test results to the Contractor
upon request. Department testing is not intended for quality control.
901.1.2 Technician Certification
Ensure that testing is performed under the direct supervision of an individual
certified by the State Materials Bureau's TTCP. Certification is based on demonstration
of abilities for test methods and procedures, and a written test. The TTCP Board of
Directors, in conjunction with the State Materials Bureau and the State Construction
Bureau, will establish term and expiration date of certification and requirements for
renewal of certification. If the competence of a certified individual is questioned, the
question of competence must be documented in accordance with the TTCP Manual. The
TTCP Manual requires a written complaint be addressed to the TTCP Administrator or the
State Materials Engineer. The State Materials Bureau will investigate the concern
through the TTCP. If this investigation substantiates the concern, disciplinary action such
as probation, revocation, or suspension of certification will be implemented in accordance
with procedures established by the TTCP Board of Directors.
901.1.3 Acceptance Sampling and Testing
The Department will sample and test in accordance with Table 901.7:6, "Minimum
Acceptance Guidelines," or at a lesser sublot size for acceptance purposes as determined
by the Project Manager before production of material begins. If Material appears
defective, or if the Project Manager determines that a change in the process or product
has occurred, additional sampling and testing may occur. When additional informational
sampling and testing is performed, the results will be used only to determine if corrective
actions need to be taken by the Contractor and will not be incorporated into the quality
level analysis.
The Department will conduct acceptance testing independently from the
Contractor's quality control testing. If the Department's acceptance testing validates in
method and property to the Contractor's quality control testing, the Department will use
both for acceptance and pay factor determination. Use of the Contractor's test results is
dependent on the following conditions:
The Contractor uses quality control procedures as described in
Section 901.2, "Contractor Quality Control."
The Department validates the Contractor's test results against the
Department's test results using the F-test and T-test, conducted at a level of
significance of 0.01.
The Contractor shall use all test results from the Contractor's random
3.
sampling plan as detailed in the quality control plan per Section 901.2.1, "Quality
Control Plan." Do not include informational test data obtained by test results
beyond the Contractor's random sampling plan locations. If a split sample is taken
to determine deviations between Contractor and Department process, only data
obtained from a random sampling plan location can be utilized in the quality level
analysis. If a split sample is tested by the Contractor and Department for
informational purposes and the location does not represent either the Contractor's
or Department's random sampling plan locations, neither test data results are to be
included in the quality level analysis.
August 26th, 2013
If the Department cannot validate the Contractor's test data at any time during the
project, the Project Manager and quality control technician will investigate to determine
why and make corrections if possible. If the discrepancy cannot be resolved, then, unless
otherwise approved by the Assistant District Engineer for Construction, the Department
will determine the pay factor using the Department's test values only for all
characteristics.
901.2 CONTRACTOR QUALITY CONTROL
Perform quality control sampling, testing, and inspection in accordance with
Table 901.7:3, "Minimum Process Control Guidelines for Aggregates and Base Course,"
Table 901.7:4, " Minimum Process Control Guidelines for Hot/Warm Mix Asphalt," and
Table 901.7:5, "Minimum Process Control Guidelines for Portland Cement Concrete
Pavement."
901.2.1 Quality Control Plan
Provide a quality control plan to control the quality of the product. At the preconstruction conference, be prepared to discuss quality control responsibilities for specific
Contract Items. Submit the quality control plan to the Project Manager at least two weeks
before starting work. Itemize inspections, testing procedures, sampling and testing
frequencies, and corrective action strategies that the Contractor will use to control the
work. Develop the quality control plan using the Department's Contractor Process Quality
Control Plan Guidelines available from the Project Manager or State Construction Bureau.
Do not begin work that requires quality control testing for acceptance without a quality
control plan that has been reviewed and approved by the Project Manager and the District
Laboratory Supervisor. Provide written certification that testing Equipment is calibrated
and meets the applicable specifications.
901.2.2 Quality Control Laboratory
Perform the quality control testing using a private testing Laboratory or a
Contractor provided Laboratory. Use a portable or permanent quality control Type II
Laboratory in accordance with Section 622.3.2.2, "Field Office Equipment." Calibrate or
check testing equipment in accordance with AASHTO R 18 and any time the equipment is
moved. Maintain calibration documentation at the Laboratory and provide this to the
Project Manager upon request. The Project Manager in conjunction with the District Lab
Supervisor will determine acceptability of the quality control Laboratory. Allow the
Department unrestricted access to the Laboratory. The Department will conduct
independent inspection of the Contractor's field Laboratory. The Project Manager will
provide the Contractor a written accounting of Laboratory deficiencies.
901.2.3 Plan Administration and Technician Qualification
Identify the individual who will administer the plan. The individual shall have full
authority to take actions necessary for the successful operation of the plan. Quality
Control Technicians (QCT's) performing the actual sampling, testing, or inspection shall
be TTCP certified as described in Section 901.1.2, "Technician Certification." Cease
production if certified personnel are unavailable on the project.
Section 901: QUALITY CONTROL/QUALITY ASSURANCE (QC/QA)
Page 3
August
26th ,
2013
901.2.4 Sampling
The sampling plan shall contain a random sampling selection technique in
accordance with specified Department, AASHTO, or ASTM procedures, as modified by
the State Materials Bureau. Allow the Project Manager to witness all sampling and
testing. Take additional samples if directed by the Project Manager.
901.2.5 Testing
The Department will use test results from the random sampling plan only in the
quality level analysis for pay factor determination. Additional informational test results will
not be used in the quality level analysis. The Contractor shall provide original quality
control test results (on approved forms including all original supporting handwritten
worksheets and notes) to the Project Manager within 1 Working Days of sampling. The
Technician performing the testing shall sign and certify the results as "true and accurate
to the best of my belief and knowledge" prior to providing the results to the Department.
Failure to provide the results within 1 working day of sampling may result in the Project
Manager ordering the Contractor to cease HMA/WMA operations until said results are
provided to the Project Manager.
901.2.6 Records
Maintain copies of the complete set of original quality control test records
(including supporting documents (calculations, scratch sheets, internal forms etc.)and,
upon request, make them available to the Project Manager within 24 hours. No hard copy
laboratory testing documentation shall be destroyed for any reason, even after the data is
entered into the computer spreadsheet for analysis. If complete records are not provided
as requested, the Department may determine the pay factor using the Department's test
values only for all testing characteristics. Maintain copies of test documentation for a
minimum of three years after the Physical Completion Date of the project
901.2.7 Control Charts
Update Department-approved test control charts daily on all tests in accordance
with Table 901.7:3, "Minimum Process Control Guidelines for Aggregates and Base
Course," Table 901.7.4, "Minimum Process Control Guidelines for Hot/Warm-Mix
Asphalt," and Table 901.7:5, "Minimum Process Control Guidelines for Portland Cement
Concrete Pavement." Keep at a location approved by the Project Manager. Provide at
least the following information on the charts:
Project number;
Contract Item number;
Test number;
Each test parameter;
Upper and lower specification limit applicable to each test parameter; and
The Contractor's test results.
Use the charts for identifying product and Equipment problems, and potential pay
factor reductions. Notify the Project Manager of any identified problems within 4 hours.
901.3 INDEPENDENT ASSURANCE TESTING
Section 901: QUALITY CONTROL/QUALITY ASSURANCE (QC/QA) Page 4
August 26th, 2013 /67
TTCP certified independent personnel will perform independent assurance testing
on split samples from quality control and acceptance programs to ensure that the
Contractor and Department field personnel are using correct and accurate procedures
and the proper Equipment. These personnel will not have direct responsibility for quality
control or acceptance testing.
901.4 EVALUATION OF MATERIALS FOR ACCEPTANCE
The Department will analyze lot acceptance test results collectively and statistically
using the Quality Level Analysis method. Quality Level Analysis is a statistical procedure
for estimating the percent compliance with a specification; it is affected by shifts in the
arithmetic mean, and by the sample standard deviations. The Department will use this
analysis to estimate the total percent of the lot that is within specification limits. The
maximum pay factor per lot is 1.0.
The Department may accept a lot containing Material below a pay factor of 1.00 at
a reduced price, in accordance with the following criteria:
The composite pay factor is at least 0.75;
There are no rejectable individual criteria (Agency, Contractor or
Combined); and
3.
The Project Manager does not identify isolated defects (i.e., segregation, or
other construction related material defects).
The Department will consider a written request to accept a Material lot below the
Target Value (TV) that does not meet the above criteria, but at a composite pay factor not
to exceed 0.50. The Contractor shall include an engineering analysis showing expected
Material performance. The Assistant District Engineer for Construction will decide if the
Material may remain in place and determine the final pay factor for the material in
question. If less than three samples are obtained at the time a lot is terminated, they shall
be incorporated in the prior lot. If no prior lot exists, the disposition of the material shall
be decided by the Assistant District Engineer for Construction after evaluating with nonQLA criteria in accordance with Section 423.3.6.2.1.1
The Project Manager may reject Material that appears to be defective based on
visual inspection.
901.5 QUALITY LEVEL ANALYSIS (QLA)
Use the following steps to calculate the standard deviation:
Do not include test results for Material not used in the Work;
Calculate the arithmetic mean of the test results using the following equation:
x = (1)
where
is the arithmetic mean
E
is the summation of
is the individual test value
is the number of test values
3.
Calculate the sample standard deviations using the following equation:
August 26th, 2013
E(x (n-1)
(2)
where
the sample standard deviation
is the summation of
is the individual test value
is the number of test values
is
X
Calculate the upper quality index using the following equation:
4.
USL
Qu
(3)
where
TV
is the upper quality index
is the upper specification limit, or TV plus allowable deviation above TV
is the sample standard deviation
is the Target Value
5.
Calculate the lower quality index using the following equation:
Q„
tin
— LSL
Q1,
(4)
where
is the lower quality index
QL
is the lower specification limit, or TV minus allowable deviation below TV
LSL
is the sample standard deviation
Determine Pu (the percent of test values below the upper specification limit, which
corresponds to a given Qu) from Table 901.7:1, "Quality Level Analysis by the Standard
Deviation Method Upper Quality Index QU or Lower Quality Index QL." If a USL is not
specified, Pu is 100.
Determine P L (the percent of test values above the lower specification limit, which
corresponds to a given Q L) from Table 901.7:1, "Quality Level Analysis by the Standard
Deviation Method Upper Quality Index QU or Lower Quality Index QL." If an LSL is not
specified, P L is 100.
Calculate the quality level (the total percent within specification limits) using the
8.
following equation:
August 26th, 2013 itiq
Q=(Pu + Pj—
oo
(5)
where
is the quality level
Pu
is the percent of test values above the upper specification limit which corresponds
to a given upper quality index (Qu)
Pt
is the percent of test values above the lower specification limit which corresponds
to a given lower quality index ( Q L)
Using the quality level, determine the lot pay factor from Table 901.7:2, "Pay
Factors."
Calculate the composite pay factor for each lot, using the following equation:
V034) +1.2(P
CPF— `
where
CPF
PF
ii(13
Fl
is the composite pay factor
is the price adjustment factor specified for the applicable Material
is the number of evaluated components
is the individual pay factor determined for each component
Carry the numbers in the above calculations to significant figures and round them in
accordance with AASHTO R 11.
901.6 METHOD OF MEASUREMENT—Vacant
The Department will pay for Contractor Process Quality Control on QLA projects as
follows:
25% of the lump sum pay item or 0.5% of the Total Original Contract
Amount, whichever is less upon approval of the quality control plan; and
The remaining lump sum prorated based on total job progress.
The Department will withhold payment if the Contractor does not provide test result
documentation in accordance with the Contract.
Pay Item
Pay Unit
Contractor Process Quality Control
Lump Sum
Page 7
if 0
August
26th ,
2013
Table 901.7:1
Pu
Or
PI
100
99
98
97
96
95
94
93
92
91
90
89
88
87
86
85
84
83
82
81
80
79
78
77
76
75
74
73
72
71
70
69
68
67
66
QUALITY LEVEL ANALYSIS BY THE STANDARD DEVIATION METHOD
UPPER QUALITY INDEX QU OR LOWER QUALITY INDEX QL
n=
10 12 15 18 23 30 43 67
to to to to to to to to
8
9
11 14 17 22 29 42 66 xco
4
5
6
7
3
1.16 1.49 1.72 1.88 1.99 2.07 2.13 2.20 2.28 2.34 2.39 2.44 2.48 2.51 2.56
- 1.46 1.64 1.75 1.82 1.88 1.91 1.96 2.01 2.04 2.07 2.09 2.12 2.14 2.16
1.15 1.43 1.58 1.66 1.72 1.75 1.78 1.81 1.84 1.87 1.89 1.91 1.93 1.94 1.95
- 1.40 1.52 1.59 1.63 1.66 1.68 1.71 1.73 1.75 1.76 1.78 1.79 1.80 1.81
- 1.37 1.47 1.52 1.56 1.58 1.60 1.62 1.64 1.65 1.66 1.67 1.68 1.69 1.70
1.14 1.34 1.42 1.47 1.49 1.51 1.52 1.54 1.55 1.56 1.57 1.58 1.59 1.59 1.60
- 1.31 1.38 1.41 1.43 1.45 1.46 1.47 1.48 1.49 1.50 1.50 1.51 1.51 1.52
1.13 1.28 1.33 1.36 1.38 1.39 1.40 1.41 1.41 1.42 1.43 1.43 1.44 1.44 1.44
1.12 1.25 1.29 1.31 1.33 1.33 1.34 1.35 1.35 1.36 1.36 1.37 1.37 1.37 1.38
1.11 1.22 1.25 1.27 1.28 1.28 1.29 1.29 1.30 1.30 1.30 1.31 1.31 1.31 1.31
1.10 1.19 1.21 1.23 1.23 1.24 1.24 1.24 1.25 1.25 1.25 1.25 1.25 1.26 1.26
1.09 1.16 1.18 1.18 1.19 1.19 1.19 1.19 1.20 1.20 1.20 1.20 1.20 1.20 1.20
1.07 1.13 1.14 1.14 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 115
1.06 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.11 1.11 1.11 1.11 1.11 1.11 1.11
1.04 1.07 1.07 1.07 1.07 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06
1.03 1.04 1.03 1.03 1.03 1.03 1.02 1.02 1.02 1.02 1.02 1.02 1.02 1.02 1.02
1.01 1.01 1.00 0.99 0.99 0.99 0.99 0.98 0.98 0.98 0.98 0.98 0.98 0.98 0.98
0.99 0.98 0.97 0.96 0.95 0.95 0.95 0.95 0.94 0.94 0.94 0.94 0.94 0.94 0.94
0.97 0.95 0.93 0.92 0.92 0.92 0.91 0.91 0.91 0.91 0.90 0.90 0.90 0.90 0.90
0.95 0.92 0.90 0.89 0.88 0.88 0.88 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87
0.93 0.89 0.87 0.86 0.85 0.85 0.84 0.84 0.84 0.83 0.83 0.83 0.83 0.83 0.83
0.91 0.86 0.84 0.82 0.82 0.81 0.81 0.81 0.80 0.80 0.80 0.80 0.80 0.80 0.79
0.88 0.83 0.81 0.79 0.79 0.78 0.78 0.77 0.77 0.77 0.76 0.76 0.76 0.76 0.76
0.86 0.80 0.77 0.76 0.75 0.75 0.74 0.74 0.74 0.73 0.73 0.73 0.73 0.73 0.73
0.83 0.77 0.74 0.73 0.72 0.72 0.71 0.71 0.70 0.70 0.70 0.70 0.70 0.70 0.70
0.81 0.74 0.71 0.70 0.69 0.69 0.68 0.68 0.67 0.67 0.67 0.67 0.67 0.67 0.66
0.78 0.71 0.68 0.67 0.67 0.65 0.65 0.65 0.64 0.64 0.64 0.64 0.64 0.64 0.63
0.75 0.68 0.65 0.64 0.63 0.62 0.62 0.62 0.61 0.61 0.61 0.61 0.61 0.61 0.60
0.73 0.65 0.62 0.61 0.60 0.59 0.59 0.59 0.58 0.58 0.58 0.58 0.58 0.58 0.57
0.70 0.62 0.59 0.58 0.57 0.57 0.56 0.56 0.55 0.55 0.55 0.55 0.55 0.55 0.54
0.67 0.59 0.56 0.55 0.54 0.54 0.53 0.53 0.52 0.52 0.52 0.52 0.52 0.52 0.52
0.64 0.56 0.53 0.52 0.51 0.51 0.50 0.50 0.50 0.49 0.49 0.49 0.49 0.49 0.49
0.61 0.53 0.50 0.49 0.48 0.48 0.48 0.47 0.47 0.47 0.46 0.46 0.46 0.46 0.46
0.58 0.50 0.47 0.46 0.45 0.45 0.45 0.44 0.44 0.44 0.44 0.43 0.43 0.43 0.43
0.55 0.47 0.45 0.43 0.43 0.42 0.42 0.42 0.41 0.41 0.41 0.41 0.41 0.41 0.40
Section 901: QUALITY CONTROUQUALITY ASSURANCE (QC/QA)
Page 8
August 26th, 2013 11
Table 901.7:1
QUALITY LEVEL ANALYSIS BY THE STANDARD DEVIATION METHOD
UPPER QUALITY INDEX QU OR LOWER QUALITY INDEX QL
n=
Pu
10 12 15 18 23 30 43 67
Or
to to to to to to to to
PI 3 4
5
6
7
8 9 11 14 17 22 29 42 66 xoo
65 0.51 0.44 0.42 0.40 0.40 0.39 0.39 0.39 0.38 0.38 0.38 0.38 0.38 0.38 0.38
64 0.48 0.41 0.39 0.38 0.37 0.37 0.36 0.36 0.36 0.36 0.35 0.35 0.35 0.35 0.35
63 0.45 0.38 0.36 0.35 0.34 0.34 0.34 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.32
62 0.41 0.35 0.33 0.32 0.32 0.31 0.31 0.31 0.30 0.30 0.30 0.30 0.30 0.30 0.30
61 0.38 0.30 0.30 0.30 0.29 0.28 0.28 0.28 0.28 0.28 0.28 0.28 0.28 0.28 0.28
60 0.34 0.28 0.28 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25
59 0.31 0.27 0.25 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23
58 0.30 0.25 0.23 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20
57 0.25 0.20 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18
56 0.20 0.18 0.16 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15
55 0.18 0.15 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13
54 0.15 0.13 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10
53 0.10 0.10 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08
52 0.08 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05
51 0.05 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03
50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Note: For negative values of Qu or QI, Pu or PI is equal to 100 minus the tab e value
for Pu or Pl. If the value of Qu or QI does not correspond exactly to a figure in the
table, use the next lower figure.
Table 901.7:2
Pay Factors
Minimum Required Percent of Work Within Specifications Limits for a Given
Pay Factor (Pu+PL) - 100
n=
67
10 12
18
Pay
to to 15 to to 23 to 30 to 43 to to
factor 3 4
5
6
7
8 9 11 14 17
22 29
42
66 co
10
1.05 - - - - - 100 100 100 100 100 100 100 100 100 0
1.04 - - - - 100 99 97 95 96 96
96 97
97
97 97
1.03 - - - 100 98 96 94 92 93 93
94 95
95
96 96
1.02 - - - 99 97 94 91 89 90 91
92 93
93
94 94
1.01 100 100 100 98 95 92 89 87 88 89
90 91
92
92 93
1.00 69 75 78 80 82 83 84 85 86 87
88 89
91 92
90
0.99 66 72 76 78 80 81 82 83 84 85
86 87
89
90 91
0.98 64 70 74 76 78 79 80 81 82 84
85 86
87
88 90
August 26 th , 2013
86
87
0.97 63 68
72
74
76
77 78 79 81 82
83 84
75 76 78 79 81
86
0.96 61 67
70
72
74
82 83
84
74
75
76
78
79
80
82
83
84
0.95 59 65
68
71
72
72 73 75 76 78
79 80
82
83
69
71
0.94 58 63
67
78 79
80
82
0.93 57 62
65
67
69
71 72 73 75 76
68
69 70 72 73 75
76 78
79
81
0.92 55 60
63
66
79
75 76
78
0.91 54 59
62
64
66
68 69 70 72 74
66 67 69 71 72
74 75
77
78
0.90 53 57
61
63
65
62
63
65 66 68 69 71
72 74
75
77
0.89 51 56
59
71 73
74
76
0.88 50 55
58
60
62
64 65 66 68 70
73
75
0.87 49 53
57
59
61
62 63 65 67 68
70 71
69 70
72
74
61 62 64 66 67
0.86 48 52
55
58
59
62 64 66
67 69
71
72
0.85 46 51
54
56
58
60 61
55
57
58 60 61 63 65
66 68
70
71
0.84 45 49
53
70
51
54
56
57 58 60 62 64
65 67
69
0.83 44 48
64 66
67
69
0.82 43 47
50
53
54
56 57 59 61 62
49
51
53
55 56 58 59 61
63 64
66
68
0.81 41 46
67
0.80 40 44
48
50
52
54 55 56 58 60
62 63
65
46
49
51
52 54 55 57 59
61 62
64
66
0.79 39 43
63
65
018 38 42
45
48
50
51 52 54 56 58
59 61
48
50 51
53 55 57
58 60
62
64
0/7 36 41
44
46
0/6 35 39
43
45
47
49 50 52 54 56
57 59
61
63
44
48 49 51 53 54
56 58
60
62
42
46
0/5 33 38
Reject Values less than those shown above
Note: If the value of (Pu+PL) — 100 does not correspond to a (Pu+PL) — 100 value in this
table, use the next lower (Pu+PL) — 100 value
88
87
86
85
84
82
81
80
79
78
77
76
75
73
72
71
70
69
68
67
66
65
64
Table 901.7:3
Minimum Process Control Guidelines for Aggregates, Base Course and RAP (QC)
Property
Testing frequency
Test method
Item
Aggregate for Base
Sampling
As specified
AASHTO T 2, 248
Course, Hot/Warm Mix
Gradation
1 per 1,000 ton
AASHTO T 11,
27, 1462
Asphalt, PCCP, and Open
NMDOT Method
Graded Friction Course
Fractured
FF 1
Faces
Sand
AASHTO T 176c
Equivalent
AASHTO T 89, 90
Plasticity
Index
Moisture
Content
As needed to control
operations
AASHTO T 255
August 26th, 2013
RAP (Recycled Asphalt
Pavement) used in
HMANVMA and Base
Course
Sampling
As specified
AASHTO T2, 248
Gradation
2 per day (on RAP that
is prepared for inclusion
in the Base Course or
HMANVMA
AASHTO T30,
164, 308
Asphalt
Content
HMANVMA
AASHTO T308
Los Angeles As needed to confirm
AASHTO T 96
Wear
quality
AASHTO T 104
Soundness
Based on AASHTO TP
AASHTO T 85
Loss
58
Adsorption
Testing results
AASHTO T 2, 248
Sampling
As specified
Aggregate for PCCP
Gradation
1 per 1,000 ton
AASHTO T 11, 27
Sand
AASHTO T 176
Equivalent
Moisture
As needed to control
AASHTO T 255
Content
operations
Sampling
As specified
AASHTO T 2, 248
Base Course
Moisture
1 per 1,000 ton
AASHTO T 255
Content
Density
AASHTO T 180
Gradation
AASHTO T 11, 27
b
Thickness
a For gradations to control crushing operations, the Contractor may, at its own risk, modify
AASHTO T 146 to improve the test result timelines. Modified method tests will not be
considered in acceptance determinations by the Project Manager.
b Take measurements at a randomly selected location. Determine thic kness by removing
all of the in-place compacted Material, placing a straight edge tool (i.e . a survey lath)
across the hole, measuring the thickness to the nearest 1/4 in using a measuring tape,
and then replacing and recompacting the removed material.
'This test will not be done for base course.
Page 11
113
August 26th, 2013
Item
Table 901.7:4
Minimum Process Control Guidelines for Hot/Warm Mix Asphalt (QC)
Testing
Property
frequency Test method
AASHTO T 168 / Agency
As
Sampling
Method AS-1
specified
Totalizing Weighing
Hydrated Lime or Anhydrite
Daily
Based Material Content
Device
Daily
ASTM D 4791
Flat/Elongated Particles
Daily
AASHTO T 304
Fine Aggregate Angularity
AASHTO T 308
Asphalt Content
AASHTO T 30, 164, 308
Gradation
AASHTO T 166, 209, 269
Air Voids
Voids in Mineral Aggregate
HMANVMA (VMA)
Voids Filled with Asphalt (VFA)
1 per 1,000
ton`
Dust to Binder Ratio
Gyratory Tests
Thicknessa
Mat Density, Cores b
Density (Nuclear)
Temperature
AASHTO R 35
AASHTO R 35
AASHTO R 35
AASHTO T 312
AASHTO T 166, 209
As needed
to control
operations
As needed
to control
operations
AASHTO T 310
—
aTake measurement at a randomly selected location. Determine thickness by coring the
in-place compacted Material and measuring the thickness to the nearest 1/4 inch using a
measuring tape.
bDensity calculation will use the daily average of Contractor and Department maximum
specific gravity as validated by F-test and T-test in the daily calculation.
`Minimum of one test per day and three tests per sublot, except for maximum specific
gravity. Obtain a minimum of two tests per day for maximum specific gravity.
August 26th, 2013
Table 901.7:5
Minimum Process Control Guidelines for Portland Cement Concrete Pavement (QC)
Testing
frequency
Test method
Item
Property
Unit Weight
1 per 125 ycli
AASHTO T 121
Air Entrainment
1 per 125 yd 3
AASHTO T 152
Fresh Concrete for
AASHTO T 119
Slump
1 per 125 yd 3
PCCP
Compressive
1 per 125 yd 3
Strength
AASHTO T 22, 23, 231
PCCP in Place
Thickness'
2 per 2,500 yd ? b
—
'Complete corrective work specified in Section 450.3.5.2, "Surfacing Smoothness
Requirements," before determining pavement thickness
bDetermine thickness by actual survey conducted before and after the construction of the
PCCP at fixed, randomly selected locations.
Item
Base
Course
Property
Table 901.7:6
Minimum Acceptance Guidelines (QA)
Point of
acceptance Sublot size Lot size
Sampling
As specified
Gradation
Processed
Windrow
Thickness
Density
After
compaction
Sampling
As specified
—
—
HMA/W
MA
Air Voids
Voids in
Mineral
Aggregate
(VMA)
Dust to
Binder Ratio
AASHTO T 2, 248
AASHTO T 11, 27
1 per
2,000 ton
20,000 tons
C
AASHTO T 180,
238, 239
—
—
AASHTO T 168
Asphalt
Content
Gyratory
Tests
Gradation
Test method
AASHTO T 308
AASHTO T 312
Behind
Laydown
Machine,
Before
compaction
One tenth of
the lot sizes
Section 901: QUALITY CONTROL/QUALITY ASSURANCE (QC/QA) 15,000 to
30 , 000 tons
AASHTO T 30,
308
AASHTO T 166,
209, 269
AASHTO R 35
AASHTO R 35
Page 13
I Is-
1l1
August 26th, 2013
Item
Property
Thickness
Mat Density
Core?
Table 901.7:6
Minimum Acceptance Guidelines (QA)
Point of
acceptance Sublot size Lot size
Test method
d
After
compaction
AASHTO T 166,
209
Fresh
AASHTO T 152
Air Content
Deliver to
Concrete
1 per
3
5,000 yd
AASHTO T 22,
Compressive grade
500 yd3
for
23, 231
Strength
PCCP
In-Place
2 per
e
—
30,000 yd2
Thicknessb
2
10,000 yd
PCCP
aDensity calculation will utilize daily average of Contractor and Department maximum
specific gravity as validated by F-test and T-test. The Department will obtain a minimum of
one maximum specific gravity sample per day.
bComplete corrective work specified in Section 450.3.5.2, "Surfacing Smoothness
Requirements," before determining pavement thickness
`Take measurement at a randomly selected location. Determine the thickness by
removing all of the in-place compacted Material, placing a straight edge tool (i.e. a survey
lath) across the hole and measuring the thickness to the nearest 1/4 in using a measuring
tape.
dTake measurements at a randomly selected location. At that location, the thickness shall
be determined by coring the in-place compacted Material and measuring the thickness to
the nearest 1/4 in using a measuring tape.
e Determine thickness by actual survey conducted before and after the construction of the
PCCP at fixed, randomly selected locations.
fA lesser sublot size for acceptance purposes as determined by the Project Manager
before production of material begins can be established.
Page 14
December 20, 2007
vc,
AGGREGATE INDEX
SECTION 910
following:
Delete SECTION 910- AGGREGATE INDEX in its entirety and substitute the
following:
910.1 DESCRIPTION
The Al combines test values from the Los Angeles Wear Test, Soundness
Loss Test, and Absorption Test. The Al is a single value representing the overall
quality of the source from which the aggregates are obtained. Do not use to
evaluate individual aggregate stockpile quality.
910.2 Sampling and Testing Procedures
Determine Los Angeles wear, soundness loss, and absorption values for the
Al equation using at least five random test samples obtained from all stockpiles
at the source in accordance with AASHTO T 2. Submit all of the samples to a
Department approved private Laboratory for combination into a single sample.
The Project Manager or the State Materials Bureau will have a list of approved
private laboratories. Extract a representative test sample from the single sample
to determine the Los Angeles wear and absorption values. Prepare the sample
used to determine the absorption as follows:
Plus 3/4 in 3/4 in to 1/2 in
1/2 in to 3/8 in
3/8 in to #4
1000 grams
1000 grams
1000 grams
1000 grams
Separate the remaining amount of the single sample into five test samples
using the procedures in AASHTO T 248. Calculate a soundness loss value for
each of these five samples using Table 910.2:1, "Standard Gradation for
Soundness Loss Testing."
Section 910: AGGREGATE INDEX
Page 1
117
December 20, 2007
Table 910.2:1
Standard Gradation for Soundness Loss Testing
%
Sieve size
1 1/4 in
100
100
1 in
79
3/4 in
53
1/2 in
3/8 in
34
No. 4
0
ea_
Average the five soundness loss results to obtain the overall soundness loss
value for the subject aggregate pit.
910.2.2 Testing of Aggregates
Perform the following tests using a Department-approved private Laboratory
or the State Materials Bureau:
Los Angeles Wear (in accordance with AASHTO T 96, Method B),
Soundness loss (in accordance with AASHTO T 104), and
3. Absorption (in accordance with AASHTO T 85 or NMDOT 001 (2006)).
Use the same private Laboratory for the entire project unless otherwise
approved (in writing) by the Project Manager.
Obtain samples under the observation of the Project Manager or Department
designee. Split samples into two samples in accordance with AASHTO T 248, if
requested by the Project Manager. The private Laboratory and the State
Materials Bureau will each test one sample. Send copies of test reports to the
Project Manager.
910.2.3 Frequency of Testing
Submit samples at least once every year to maintain continuous approval of
Commercial Material Sources.
910.2.4 Equation
Calculate the Al of a coarse aggregate to the nearest whole number in
accordance with the following equation:
Al =
1 IlLA 2 2 + sLIO + A40
(1)
where:
Al
LA
SL
is the aggregate index
is the Los Angeles Wear, the percent of aggregate wear at
500 revolutions if tested in accordance with AASHTO T 96
is the soundness loss of the sample if tested in accordance with
Page 2
December 20, 2007
A
AASHTO T 104 using magnesium sulfate with a test duration of
5 cycles and a standard gradation
is the absorption, the amount of moisture retained if tested in
accordance with AASHTO T 85
Example:
Determine the L.A. Wear as a whole number — for example, 25.
Determine the Soundness Loss as a whole number — for example, 15.
Determine the Absorption as a whole number — for example, 3.
Calculate the value of the L.A. Wear taken to the 2.2 power —
that is, 25^(2.2) = 1189.8.
Calculate the value of the Soundness Loss taken to the 3rd power —
that is, 15^(3) = 3375.
Calculate the value of the Absorption taken to the 4th power —
that is, 3^(4) = 81.0.
Add the value obtained from steps 4, 5, and 6 —
that is, 11.89.8 + 3375 + 81.0 = 4645.8.
Determine the square root of Step 7 — that is, '1(4658.8) = 68.2
9. Divide the result from Step 8 by 3 — that is, 68.2 + 3 = 22.7.
The A.I. for this sample is 22.7.
Page 3
Form A-1083
Rev. 02/12
CERTIFICATE OF PAYMENT OF CLAIMS
For the purpose of obtaining final payment of funds due me for the satisfactory completion of
in conformity with the contract documents, including the plans and specifications or
authorized modifications thereof, I hereby certify under penalty of perjury as follows (use additional
sheets as necessary):
That all lawful claims for labor performed and material, supplies and services furnished by me or any
sub-contractor for the said work, have been fully paid or satisfied, with the exception of the following
disputed claims:
That all third party liability claims arising out of the work on this project have been paid, satisfied
and released by the claimants, with the exception of the following disputed claim:
3. That the Disadvantage Business Enterprise (DBE) goal (if any) for the contract has been met or
exceeded, or is excused for the following reason:
It is requested that final payment of funds due me under the contract be made.
Contractor
By
STATE OF NEW MEXICO
) as
COUNTY OF Subscribed and sworn to before me this
day of , 20
Notary Public
My Commission expires:

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