Appendix 8 - Scope of Work.docx

SCOPE OF CONTRACTOR SERVICES (MLT2032-01)

The Maryland Department of Transportation State Highway Administration (MDOT SHA) requires a contractor to provide a full range of material testing of soils, aggregates, concrete, chemical, and asphalt materials. Testing may be in support of MDOT SHA’s preliminary engineering, construction material quality control or material quality assurance on design/bid/build and design/build projects. Bids shall be submitted for testing of all material types and components including in concrete, chemical, soils/aggregates, and asphalt as presented in Table A - List of Tests (Attachment I). Bids shall also be submitted for each test.

Material sampling and testing may be used for quality assurance and/or acceptance which may be performed by a statistically valid sampling testing method utilizing testing methods defined in the current MDOT SHA specifications, Office of Materials Technology (OMT) Material Quality Assurance Processes or in accordance with MDOT SHA contract documents. Copies of these specifications and manuals are available at https://roads.maryland.gov/mdotsha/pages/Index.aspx?PageId=51.

A. Contractor’s Laboratory(ies) will be responsible for conducting the required testing outlined in Table A – List of Tests (Attachment I). The Contractor will have a minimum number of accredited laboratories for each test method as required in Table A. All testing laboratories shall be located within Maryland.

All samples will be delivered by the Contractor to their approved laboratories from various sample drop box locations statewide. The sample drop boxes and sample drop box locations will be provided by the Administration. (See Table B - Attachment II)

B. Minimum Requirements for Laboratories

The Contractor and/or its sub-contractors shall be accredited under the American Association of State Highway and Transportation Officials (AASHTO) R-18 and Cement and Concrete Reference Laboratory (CCRL) ASTM C1077 for Concrete and ASTM C1222 for Laboratory Quality Systems, Criteria for the tests listed in the Table A - List of Tests (Attachment I) at the time of Award.

C. Material Test Services –the contractor shall perform the tests in accordance with the standards and methods presented in Table A - List of Tests (Attachment I). The laboratories shall be fully operational, in possession of all necessary calibrations and equipment shall be properly maintained in good working order prior to the start of testing. Inspection may be made by MDOT SHA prior to Award and at any time during the duration of the contract. Additionally, the laboratory shall be equipped with testing apparatus and supplies as required by the applicable test procedures as designated in Table A - List of Tests (Attachment I) and no substitutions of tests will be permitted without the approval of the Administration. The contractor shall have the ability to perform specialty testing of asphalt materials/mixtures and landscape soils (Topsoil and Bio Retention Mix) or be able to provide a subcontractor to perform the specialty testing, as designated in Table A - List of Tests (Attachment I).

D. Material Lab Staffing – the staffing shall be sufficient to meet the needs of the testing types and volumes identified in this Scope of Work. As a minimum the Contractor shall provide a Project Manager, Laboratory Manager, Senior Materials Technician (minimum of one per lab named as being accredited for the tests listed in Table A - List of Tests [Attachment I]).

The following are the minimum requirements for each required position.

1. Project Manager – responsible for overall contract management including being a registered Professional Engineer in Maryland and having authority over the facilities and personnel positions named below. Minimum ten (10) years of professional engineering experience.

2. Laboratory Manager – Must have expertise in materials testing. Individual must be listed as the manager of the subject laboratory in the AASHTO R-18 and CCRL ASTM C1077/ASTM C1222, quality systems manual. The Laboratory Manager must be present in the Contractor’s laboratory a minimum of two days per week and any subcontracted laboratory a minimum of two days per month to review the testing processes. Additionally, the Laboratory Manager must be an employee of the Contractor with authority to act on behalf of the Company. Minimum of five (5) years of engineering, materials testing and/or laboratory management experience.

3. Senior Materials Technician(s) – individual(s) knowledgeable in asphalt, soils, aggregate chemical, and concrete technology and the quality assurance and acceptance testing of the relative laboratory specimens. Minimum of three (3) years’ experience in materials testing and possess current Mid-Atlantic Region Technician Certification Program (MARTCP) Technician Certifications required for the material being tested.

4. Technicians – individuals employed by the contractor to perform testing on the material specimens under the guidance of the Senior Materials Technician. These individuals shall possess current MARTCP Certifications and training relative to the material being tested. Requirements of AASHTO re:source/CCRL accreditation shall be followed.

E. Development of a Quality Control Plan (QC Plan) – the Contractor shall within 15 days of Award submit to the Administration a QC Plan for approval. The QC plan shall identify quality controls for all tests required in this solicitation. No testing will be authorized to be performed without an Administration approved QC Plan for that material and/or test. Revisions or updates to the QC Plan must be submitted and approved by the Administration prior to implementation by the Contractor.

F. Quality Control of Services – the Contractor is fully responsible for the quality control of all services in accordance with the Quality Control Plan and the AASHTO R-18 Quality Laboratory Manual, CCRL ASTM C1077/ASTM C1222 Criteria, including independent quality audits of the work performed. The Contractor shall be responsible for the Quality Control Plans of any Sub-Contractors and take the appropriate corrective measures, in order to ensure the quality of services. The contractor shall be responsible for performing the quality checks before submitting test results to the appropriate Administration representative or staff.

G. Tracking Performance - the performance of the Contractor laboratory shall be tracked as to adherence to the accepted Quality Control Plan and their Quality Manual, any corrective measures instituted, timely delivery of scheduled reports and follow up on clarifications or additional information requested by the Administration. The areas of conformance/non-conformance will be documented.

It is the responsibility of the Contractor Laboratory to correct the areas of nonconformance within a specified date identified in their QC Plan and to notify the Administration upon completion of the corrections. The Administration may provide written notice to correct violations of the Quality Control Plans or other infractions relative to the AASHTO R-18 and CCRL ASTM C1077/ASTM C1222 accreditation process. If, after written notice, the corrections are not made the Administration may at its own discretion issue a non-conformance report or completely stop the testing process by the Contractor until conformance is demonstrated or appropriate revisions to the QC Plan are made and approved by the Administration.

H. Access and Assistance - the Administration shall be given access at any time to the records produced in the performance of the services including inspection records, test results and testing facilities, and to conduct sampling, direct observation of testing as necessary to enable the Administration to monitor adherence to the accreditation process.

I. Accountability/Errors and Omissions -the Contractor Laboratory shall be solely responsible and fully accountable for the quality of the tests they perform, and the test results reported. The Administration reserves the right to reasonably recoup costs resultant from errors, omissions or other actions or inaction of the Contractor.

J. Meetings - the Project Manager and/or Lab Supervisor will be required to participate in a start-up meeting within 30 days of Award and bimonthly progress meetings thereafter with the Administration Laboratory representatives for the duration of the contract. Subcontractor participation may be required for some bimonthly meetings as well.

K. Participation in Reference Sample/Correlation Program – the Contractor’s Laboratories (including sub-contractor laboratories) shall participate in any and all samples reference programs initiated by (AASHTO re:source/CCRL) during the term of this agreement. Current AASHTO proficiency programs include:

1. Concrete compressive strength

2. Chemical

3. Soils Proficiency testing

4. Aggregate proficiency testing (Course and Fine)

5. Asphalt testing

The same individual and equipment used in the performance of the material testing services shall perform the proficiency testing at no additional cost to the Administration. The Contractor shall make copies of the Laboratory readings and observations/non-conformities obtained from the proficiency sample program and On-Site AASHTO/CCRL Inspections, respectively for the Administration upon request. Laboratories will continue to participate in AASHTO/CCRL recognized proficiency sample testing programs while providing services to this agreement.

Any cost associated with the Contractor’s Laboratory participation in the current or future sampling proficiency programs shall be borne by the Contractor and included in the unit price. Unsatisfactory performance in the proficiency program as determined by the Administration shall be sufficient grounds to exclude the Contractor from undertaking the laboratory service for that proficiency program until such time that satisfactory performance has been re-established.

Contractor shall proactively monitor their performance in the sampling reference program and shall submit the result of said program to the Laboratory Quality Manager of the Materials Management Division Of OMT. For all ratings less than three (3), or continued biased in the results, the Contractor shall promptly investigate and report the results of the sample reference tested together with the findings of the investigation and corrective action to the Laboratory Quality Manager or his/her designee of the Administration.

Irrespective of the corrective action taken, the Administration may consider continued poor performance in sample reference program a breach of the agreement.

L. Samples

1. General

Transportation from the sample pick up locations as identified in Table B - Attachment II shall be done daily from March 15 to December 1 every day Monday through Saturday for the duration of the contract (excluding Memorial Day, July 4th, Labor Day, and Thanksgiving Day) for locations east of Hagerstown, and from April 1 to December 1 for locations in Hagerstown and to the west. Any sample pickup locations with limited access hours will be handled on a case by case basis with the intent to provide the Contractor access to make Saturday pickups at those locations. The Contractor will be required to procure tablets, which will be used by sample couriers to log in samples when the samples are picked up. Designated samples shall be delivered to the contractor’s laboratory for testing. Sample pickup and delivery shall include next day delivery of designated samples to SHA’s Hanover Laboratory at 7450 Traffic Drive, Bldg. #4 Hanover, MD 21076.

The volume of samples needing testing is expected to be significantly reduced between December 16 and March 14. During this time period the Administration expects to perform sample pick-up and delivery using its own staff and will assign samples for testing to the contractor laboratory as needed.

Transportation and storage of samples from the time and location of sample pick-up shall be in accordance any sample handling requirements in the test method identified for each specific sample in Table A, general protection from damage or the environment. Additionally, for HMA density cores, they shall also be handled in accordance with Maryland Standard Method of Tests 457 – Sampling Hot Mix Asphalt for Density (available online at http://roads.maryland.gov/omt/msmt457.pdf

Any transportation of samples within the contractor’s team (including sub Contractor laboratories) facilities throughout the year will be the responsibility of the Contractor.

The Contractor’s Laboratory shall, within 24 hours’ notice, make arrangements to receive samples outside of normal business hours, including weekends and public holidays.

The Contractor shall have personnel available, to receive all samples. Not all samples delivered to the laboratory will be tested. Some samples may be designated as referee and/or duplicate samples. All samples regardless of designation shall be received and stored as detailed in this section.

2. Sample Examination

Immediately upon arrival at the laboratory, all samples shall be checked for proper identification including, but not limited to, its origin (SHA contract number, FMIS number, etc.), condition of sample, sample size and date sampled. All samples must be processed and invoiced using the appropriate FMIS number. The Contractor is responsible for obtaining the FMIS number from SHA project personnel (Project Engineer or inspector) when a sample is received with a non-FMIS number.

Improperly identified samples or samples received in a damaged condition or of insufficient size shall be accepted, but the relevant details shall be immediately reported to the appropriate Laboratory Manager. Testing of these samples shall not commence until the Administration gives permission in writing. If samples are not received within construction contract specification timeframe it shall be immediately reported to the appropriate Laboratory Manager.

The Contractor shall properly identify and store for 120 days from sample receipt samples that have not been tested, whether identified to be tested or not, unless otherwise instructed by the Administration. Samples not identified by the Administration for testing may be picked up by the Administration for additional testing. After 60 days, Contractor may request in writing permission from the Administration to dispose of any remaining samples. Upon written confirmation, the samples may be promptly disposed of by the Contractor.

Samples that are tested shall be kept for a minimum of five (5) days from the date the results of the testing are delivered to MDOT SHA unless otherwise instructed by the Administration.

3. Additional Requirements for Concrete Cylinders

Immediately after arrival at the Laboratory each core or cylinder shall be properly identified by a laboratory/tracking number and date and time of arrival. Additionally, the condition of the core or cylinder must be noted.

4. Identification of Samples for Testing

The Administration, on a sample specific basis, will identify samples for testing. If samples are received and the MDOT SHA has not given complete instruction regarding testing, the Contractor shall immediately contact the Administration for direction. Samples with incomplete identification and or test requirements shall not be tested until the Administration provides clarification.

M. Records And Reporting

1. Sample Management System - the Contractor shall maintain a database system which will contain necessary information to track sample progress thru the entire process until final results distribution. Access to the database through the internet shall have appropriate security controls to ensure test results are kept confidential only to the Contractor and the Administration or the Administration’s approved designee.

2. Laboratory Work Sheet - All test data, worksheets and reports prepared by the Contractor shall be retained for a minimum period of three (3) years beyond the completion of the assignment and shall be available for Administration inspection upon request.

3. Report Turnaround Time - The Contractor shall prepare and maintain reports that track the laboratory turnaround time (as identified in Table A - List of Tests (Attachment I)) performance of all laboratory tests conducted, including the sub-Contractor, as part of this assignment. Turnaround time in calendar days, are counted from the day the sample is picked up by the Contractor or delivered to the Contractor’s laboratory indifferent to the time of day it is picked up or arrives at the designated lab facility until the date that the final results are reported for that specific tested sample. Any sample results received electronically by MDOT SHA after 12:00 Noon local Time on a given date will be considered received the next business day. Turnaround times are per sample regardless of the number of line item tests that are performed on each sample. The report format shall be reviewed and accepted by the Administration, prior to its adoption for this Project. The turnaround time report shall be submitted at the monthly progress meetings.

Failure to meet the turnaround time for a test may result in no payment for that test. Test results must still be provided to SHA without further delay.

N. Test Results

1. Test results shall be reported electronically in the format indicated elsewhere in this section or Table A, List of Tests – Attachment I.

2. Test results shall not be reported to anyone other than the appropriate Administration representative or staff, unless specifically approved by the Administration.

3. Re-tests must be authorized in writing. If the results of the re-test are outside of the AASHTO single lab variability tolerance for a given test, the Contractor will not bill SHA for that re-test. Whenever re-tests are performed, the Contractor will report both sets of results, and also the final results that are tabulated based on the test procedure’s guidance in handling re-test data from a single lab.

4. Each test result generated shall be signed by the testing technician and the Laboratory Manager.

5. Results of correlation program shall be submitted as soon as they are available and shall not exceed the specified turnaround time. When requested, the laboratory shall promptly provide test results to the OMT representative or Quality Assurance staff by telephone and/or electronic mail.

6. Within 30 days of the Award the Contractor shall have in place an electronic data base meeting all the reporting requirement with the capability of electronically transferring test result data in PDF, Microsoft Excel (or equivalent spreadsheet format), an approved comma delineated file format, or other systems required by the Administration.

O. Equipment and Supplies

The Contractor shall provide the following equipment and supplies meeting all OHSA and MOSHA requirements:

1. All testing equipment for both laboratory testing and field testing (if applicable) as required by the test procedures and no substitutions without approval of the Administration

2. Equipment commonly used by laboratory technicians, including, but not limited to, safety equipment and clothing, calculators and incidental equipment

3. Current laboratory testing quality control manual and copies of applicable ASTM, AASHTO, or other test standards

4. A minimum of one telephone line with answering machine

5. Minimum of one computer with operating software like Window 11, with internet access, electronic mail capability, and capability of generating pdf files

6. 24 hour emergency contact number for Project Manager and Accredited Laboratory Managers

7. Licensed copies of all software being used for this project