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HomeMy WebLinkAbout20081785 Ver 1_Information Letter_20100127 STATE OF NORTH CAROLINA r @ 05'-1-7-Fs ?q o? N -'5 ?2? ? w GS q`Nq wq 10/0 O 4*00T 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 ??L ?a I24I1? i 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 ?j 45 .? VJ i UL` I projcJ H"41" NAME AND TITLE