HomeMy WebLinkAbout20081785 Ver 1_Information Letter_20100127
STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE DIVISION OF HIGHWAYS EUGENE A. CONTI, JR.
GOVERNOR
SECRETARY
January 25, 2010
WBS Element: 33789.3.ST1 (134589)
Contract No.: DD00006
F. A. Number: STM-1945(5)
County: Nash
Description: Bridge No. 69 on SR 1945 (Old Smithfield Road) over Toisnot Swamp
MEMORANDUM TO: Ron Hancock, PE
State Construction Engin er
FROM: Wendi O. Johnson, PE
Division Construction Engineer
SUBJECT: Approved Preconstruction Conference & Permit Meeting Minutes
We are transmitting an approved copy of the minutes covering the Preconstruction Conference for
the above project, which was held on January 5, 2010. The minutes were approved by the
Contractor, C. C. Mangum Company, as recorded.
Attachment
cc-
Jake Riggsbee(FHWA)
Gary Jordan (US Fish & Wildlife)
Rob Ridings (NCDENR, Division of Water Quality)
Brian Wrenn (NCDENR, Division of Water Quality)
John Holley (NCDENR, Land Quality Section)
Travis Wilson (NCWRC)
David Cox (NCWRC)
Ron Sechler (National Marine Fisheries)
Tom Steffens (US Army Corps of Engineers)
Bert Boswell (Embarq)
Post Office Box 3165, Wilson, North Carolina 27895-3165
Telephone (252) 237-6164 Fax (252) 234-6174
Ron Hancock, PE
January 25, 2010
Page 2
ec-
Christopher A. Peoples, PE
Donald Pearson, El, CPESC
Don Smith
Andy Brown, PE
Bobby Lewis, PE
Mike Robinson, PE
John Wolf, PE
Gary Starling
Kevin Bowen, PE
Steve Joyner, PE
Charles W. Brown, PE, PLS
Kevin Lacy, PE
Victor Barbour, PE
Don G. Lee
Virgil Pridemore
Chad Coggins
Tim Robbins
Lloyd Johnston
Wade Harper
Rick Poythress
Haywood Daughtry, PE
David R. Henderson, PE
Bill Bass
Milton Rudd
PRECONSTRUCTION CONFERENCE AND PERMIT MEETING
WBS Element: 33789.3.ST1 (B-4589)
Federal Aid No.: STM-1945(5)
Contract No.: DD00006
County: Nash
Description: Bridge No. 69 on SR 1945 (Old Smithfield Road) over Toisnot Swamp
The Preconstruction Conference for the above project was held in the Wilson Division Office
Conference Room on January 5, 2010 with the following persons in attendance:
NAME
Gary Starling NCDOT - Division QA Lab
Tim Robbins NCDOT - Roadside Environmental
Lloyd Johnston, Jr. NCDOT - Right of Way
John K. Arms, Jr. NCDOT - Assistant Resident Engineer
Byron Bateman NCDOT - Environmental Officer
Chad Coggins NCDOT - Division Environmental Officer
Tim Robbins NCDOT - Roadside Environmental
Steve Joyner NCDOT - Resident Engineer
Jason Williams C. C. Mangum Company, LLC
Rick Poythress NC DOT - Location & Survey
C. J. Berrier NCDOT - Nash Construction
Charlene Lacerda N NCDOT - Nash Construction
D. A. Rackley NCDOT - Nash Construction
Milton Rudd NCDOT - Materials & Test
Freddie Bunn NCDOT - Bridge Maintenance
Wade Harper NCDOT - Bridge Maintenance
Wendi Johnson, Division Construction Engineer, presided over the conference. She asked
everyone present to introduce themselves and their company affiliation.
The Contractor submitted his letter naming persons authorized to sign Supplemental
Agreements.
Jason Williams will act as Project Manager for the Contractor.
Todd Berner will act as Project Inspector and Traffic Control Coordinator for the Division
of Highways.
The Contractor plans to start work on January 25, 2010. it
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Preconstruction Conference Minutes
B-4589
Page 2
The Contractor did submit all required paperwork at the Preconstruction Meeting. The
Contractor submitted his progress schedule. He was advised that it would be checked, and
he would be advised if satisfactory. By copy of these minutes, we are advising the
Contractor that his progress schedule has been checked and is approved as submitted.
RIGHT OF WAY
Lloyd Johnston, Jr. covered this portion of the contract
All of the right of way necessary for this project has been acquired by negotiation or
condemnation with the exception of the easement on property owned by Ann R. Hobbs that
was added after the project was let. A signed agreement is forthcoming.
There are no 200 Series items in the right of way.
There is no known asbestos contamination, underground storage tanks, or any known soil
contamination within the right of way on this project. All asbestos containing materials
have been abated.
The Contractor is advised not to exceed the right of way or easement areas during
construction without written permission of the property owner.
LOCATIONS AND SURVEY
Rick Poythress covered this portion of the contract.
Mr. Poythress noted his office didn't stake any right of way or easements because his office
was not requested to do so. Mr. Poythress gave Mr. Joyner the base line text for his survey
party's use.
PROJECT SPECIAL PROVISIONS
GENERAL
Contract Time and Liquidated Damages - The date of availability for this contract is the date
the Contractor begins work, but not before the issuance of the purchase order. The Contractor
has elected to begin work on January 28, 2010 making his completion date May 24, 2010.
The completion date for this contract is 120 consecutive calendar days after the Contractor
begins work, but must be completed no later than August 31, 2010.
The liquidated damages for this contract are $350.00 per calendar day.
UTILITY CONFLICTS
Preconstruction Conference Minutes
B-4589
Page 3
Mr. Joyner stated he had contacted Bert Boswell with Embarq. There is a conflict on the
east side of the bridge near the guard rail.
DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the North Carolina Department of Transportation that Disadvantaged
Business Enterprises (DBE's) as defined in 49 CFR Part 26 shall have the equal
opportunity to compete fairly for and to participate in the performance of contracts
financed in whole or in part by Federal Funds.
The Contractor, subcontractor and sub-recipient shall not discriminate on the basis of race,
religion, color, national origin or sex in the performance of this contract. The Contractor
shall comply with applicable requirements of 49 CFR Part 26 in the award and
administration of federally assisted contracts. Failure by the Contractor to comply with
these requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy, as the Department deems necessary.
The Contractor is encouraged to give every opportunity to allow DBE Participation in
Supplemental Agreements.
Kathy Vault will act as EEO & Minority Liaison Officer.
The Contractor shall exercise all necessary and reasonable steps to insure that
Disadvantaged Business Enterprises participate in 7% of the contract. The contract was
awarded at 4.87%.
Ms. Johnson reminded the Contractor to utilize the DBE's listed in the contract. They need
to be used for the line items and quantities specified.
The Resident Engineer furnished the Contractor with required posters for his bulletin board.
The Contractor's EEO Policy Statement is to be posted on the project's bulletin board, which
should be weatherproof, along with the following posters:
1. Davis-Bacon Minimum Prevailing Wage Rate Schedule
2. Wage-Rate Information - F/A Project, Form PR-1495
3. Notice Relating to False Statements, Form PR-1022
4. EEO Poster- Discrimination is Prohibited
The Contractor is urged to document, in writing, all actions taken in complying with Equal
Opportunity of Employment Provisions, Training Provision, and Minority Business Enterprise
Provision. This includes applicant referrals, meetings with employees, on-site inspections,
wage evaluations, etc.
Preconstruction Conference Minutes
B-4589
Page 4
All subcontractors and suppliers are responsible for meeting the same requirements as the
prime contractor, and it is the prime contractor's responsibility to oversee that both are in
compliance.
All alleged discriminatory violations should be brought to the attention of the Resident
Engineer.
The State and/or FHWA may conduct a Contract Compliance Review sometime during the life
of this contract. Therefore, fair employment practices should be maintained at all times.
Ms. Johnson reminded the Contractor that the RS 1-A Forms need to match the
subcontractor's. The Contractor is to pay the subcontractor the price listed in the Contract
and shall be in compliance with.
DBE Replacement - The Contractor shall not terminate a committed DBE subcontractor for
convenience or perform the work with its own forces or those of an affiliate. If the Contractor
fails to demonstrate reasonable efforts to replace a committed DBE firm that does not perform
as intended with another committed DBE firm or completes the work with its own forces
without the Engineer's approval, the Contractor may be disqualified from further bidding for a
period of up to 6 months.
Reporting Disadvantaged Business Enterprise Participation - The Contractor shall provide the
Engineer with an accounting of payments made to Disadvantaged Business Enterprise firms,
including material suppliers, contractors at all levels (prime, subcontractor, or second tier
subcontractor). This accounting shall be furnished to the Engineer for any given month by the
end of the following month. Failure to submit this information accordingly may result in the
following action:
(1) Withholding of money due in the next partial pay estimate; or
(2) Removal of an approved contractor from the prequalified bidders list or the removal of
other entities from the approved subcontractors list.
The Contractor shall report the accounting of payments through the Department's DBE
Payment Tracking System, which is a web-based application. The System can be accessed
through the following web link:
httr):Hwww.ncdot orp doh/forTns/DBE-IS xIs
The Contractor shall also provide the Engineer an affidavit attesting the accuracy of the
information submitted in the Payment Tracking System. This, too, shall be submitted for any
given month by the end of the following month.
Preconstruction Conference Minutes
B-4589
Page 5
Prior to payment of the final estimate, the Contract shall furnish an accounting of total
payment to each DBE. A responsible fiscal officer of the payee Contractor, subcontractor or
second tier subcontractor, who can attest to the date and amount of the payments, shall certify
that the accounting is correct.
Required Contract Provisions for ARRA - The Contractor is hereby notified that this project
will be financed with American Recovery and Reinvestment Act of 2009 (ARRA) funds.
The Contractor shall assure that all subcontracts and other contracts for services for an ARRA
funded project shall also have these provisions in their contracts.
The Department may required that the Contractor provide reports and other employment
information as evidence to document the number of jobs created and/or sustained by this i
project for the contractor's own workforce and any sub-contractors. No direct payment will be
made for providing said reports as the cost for same shall be included in the various items in
the contract.
In addition to any otherjob postings the Contractor normally utilizes, the Contractor shall post
with the local Employment Security Commission Office, all positions for which he intends to
hire workers as a result of being awarded this contract.
Ms. Johnson advised the Contractor the estimate period will be the seventh day of the each
month, therefore, the ARRA reporting will also need to be submitted before the seventh of
each month in order for the estimate to be paid.
Ms. Johnson asked Mr. Joyner to provide the Contractor with a copy of the ARRA
Provisions.
Ms. Johnson reminded the Contractor that the ARRA Provisions should be included in all
subcontracts agreements.
Required Contract Provision to Implement ARRA Section 902 - Section 902 of the American
Recovery and Reinvestment Act (ARRA) of 2009 requires that each contract awarded using
ARRA funds must include a provision that provides the U. S. Comptroller General and his
representatives with the authority to:
(1) to examine any records of the contractor or any of its subcontractors, or any State or
local agency administering such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors,
or of any State or local government agency administering the contract, regarding
such transactions.
Preconstruction Conference Minutes
B-4589
Page 6
Accordingly, the Comptroller General and his representatives shall have the authority and
rights as provided under Section 902 of the ARRA with respect to this contract, which is
funded with funds made available under the ARRA. Section 902 further states that nothing in
this section shall be interpreted to limit or restrict in any way existing authority of the
Comptroller General.
Authority of[he Inspector General - Section 1515(a) of the ARRA provides authority for any
representatives of the Inspector General to examine any records or interview any employee or
officers working on this contract.
The Contractor is advised that representatives of the inspector general have the authority to
examine any record and interview any employee or officer of the contractor, its subcontractors
or other firms working on this contract. Section 1515(b) further provides that nothing in this
section shall be interpreted to limit or restrict in any way any existing authority of an inspector
general.
Twelve Month Guarantee - The Contractor shall guarantee materials and workmanship against
latent and patent defects arising from faulty materials, faulty workmanship or negligence for a
period of twelve months following the date of final acceptance of the work for maintenance
and shall replace such defective materials and workmanship without cost to the Department.
The Contractor will not be responsible for damage due to faulty design, normal wear and tear,
for negligence on the part of the Department, and/or for use in excess of the design.
Where items of equipment or materials carry a manufacturer's guarantee for any period in
excess of twelve months, then the manufacturer's guarantee shall apply for that particular piece
of equipment or material. The Department's first remedy shall be through the manufacturer
although he Contractor is responsible for invoking the warranted repair work with the
manufacturer. The Contractor's responsibility shall be limited to t he term of the
manufacturer's guarantee. NCDOT would be afforded the same warranty as provided by the
Manufacturer.
PROJECT SPECIAL PROVISIONS
ROADWAY
Ms. Johnson stated that clearing and grubbing is by Method 11, which will mean no
clearing outside toe of slope.
Shoulder and Fill Slope Material - Perform the required shoulder and slope construction
for this project in accordance with the requirements of Section 226 of the 2006 Standard
Specifications except as follows:
Construct the top 6" (150mm) of shoulder and fill slopes with soils capable of supporting
vegetation.
Preconstruction Conference Minutes
B-4589
Page 7
Provide soil with P.I. greater than 6 and less than 25 and with a PH ranging from 5.5 to 6.8.
Remove stones and other foreign material 2" (50mm) or larger in diameter. All soil is
subject to testing and acceptance or rejection by the Engineer.
Obtain material from within the project limits or approved borrow source.
Ms. Johnson advised the Contractor to have this material tested as soon as they knew
where the material would be obtained, to ensure it meets the specifications.
Bridge Approach Fill - Sub Regional Tier -This work consists of all work necessary to
construct bridge approach fills in accordance with these provisions and the plans, and as
directed by the Engineer.
ASPHALT PAVEMENTS
Mr. Gary Starling, Division QA, asked the Contractor if he had any questions of the
Special Provisions outlined on pages 38 thru 48.
Mr. Starling advised that the Special Provisions in this contract are 07/18/06 (Rev.
10/20/09).
Mr. Starling called attention to the following details of the Contract, Page 38; Subarticle
609-5(C) 2 of the Standard Specifications is revised to state "If the Engineer allows the
mix to remain in place, payment will be made in accordance with Article 105-3". Pages
39-41, discuss change in Control Charts and Control Limits. Mr. Starling noted there are
no JMF control limits. Page 42 clarifies the definition of "Lots". Pages 43 - 44 references
"Asphalt Placement - Minimum Temperature Requirement" Chart. Pages 45- 47 discuss
change in processing and handling of RAP and indicates the new tolerances for RAP
Gradation and Binder. Page 48 reviews "Asphalt Plant mixes".
Mr. Starling advised there will be a price adjustment for rap.
The Contractor advised they will provide the paving for this job, using the Knightdale
Plant.
Mr. Starling will forward to Mr. Joyner a conversion agreement between the Department
and the Contractor to use the 10/20/09 revisions to the 2006 Specifications.
Ms. Johnson asked the Contractor what their plans were for borrow and waste sites. The
Contractor will use a commercial site.
Preconstruction Conference Minutes
B-4589
Page 8
PROJECT SPECIAL PROVISIONS
EROSION CONTROL
Seeding and Mulching - The Contractor will use the seed mix for each area as outlined in
the contract.
Safety Fence -Mr. Joyner's office has marked the area where safety fence is to be placed.
Mr. Joyner will set up a meeting with the Contractor and his personnel to discuss where
there equipment will be allowed. Ms. Johnson suggested the equipment operators attend
this meeting.
Ms. Johnson asked Mr. Joyner to give the Contractor a copy of the permit drawings.
Mr. Coggins advised this was a buffer impacted area only.
Mr. Robbins reminded the Contractor to log rainfall records.
STRUCTURES
The Contractor stated that Gemini is the Drilled Pier Subcontractor.
DWQ PERMITS
Ms. Johnson covered this portion of the contract.
The Contractor was given a copy of the drawings for the permit.
CONDITIONS OF CERTIFICATION
All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive
velocities, unless otherwise approved by this certification.
If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated ph and
possible aquatic life and fish kills.
During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers.
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual such as sandbags, rock berms, cofferdams and other diversion structures
shall be used to prevent excavation in flowing water.
Preconstruction Conference Minutes
B-4589
Page 9
Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials.
A copy of Water Quality Certification shall be maintained on site at the construction site at all
times. In addition, the Water Quality Certification and all subsequent modifications, if any,
shall be maintained with the Division Engineer and the on-site project manager.
OTHER COMMENTS
Mr. Arms asked who to contact for the detour route. Mr. Bunn advised Mr. Arms to contact
Traffic Services for the detour route and the Bridge Department for signs and barricades that
are needed.
Mr. Rudd advised the Contractor he had an approved grout contractor list. He will forward
this to the Contractor.
Mr. Rudd advised the Contractor Type A2 Guardrail is to be used on the project.
There were no further questions and/or comments and the meeting was adjourned.
C. C. MANGUM COMPANY, LLC
DATE APPROVED
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NAME AND TITLE