Lone Mountain Ranch West Scrub Seal Specifications.docx

LONE MOUNTAIN RANCH WEST SCRUB SEAL SPECIFICATIONS

CONTRACT INFORMATION

SPECIFICATIONS FOR WORK:

Contractor shall provide all labor, equipment, materials, incidentals and traffic control necessary to produce, haul, place, roll and broom approximately 84,000 square yards of laid-in-place scrub seal. The scrub seal will be approximately 5.20 miles long and 26 feet wide. Contractor shall provide PMRE (Polymer Modified rejuvenating Emulsion) and Type 1 chips. Traffic control with pilot cars must be maintained until dusk or fading light each work day as determined by the Project Manager. Contractor must provide enough pilot cars to keep traffic stops to a maximum of 15 minutes. Prior to emulsion application, Contractor must ensure roadway is clean and free of debris. All cracks must be dry and blown free of debris to allow emulsion to adhere to the existing crack walls. The emulsion application rate for scrub seals is estimated at .44 gallons per square yard. Following application of the emulsion, use a scrub broom to force the emulsion into the existing surface. The cover material application rate is estimated at 25 pounds per square yard. Actual application rates will be based on the scrub design and the actual field adjustments. If the cover material application rate of 25 pounds per square yard is not sufficient to provide a quality job, the Project Managers will jointly determine what the new application rate should be. Contractor must furnish a water truck for dust control and wetting of chips. Arrangements must be made by the Contractor for acquiring water for wetting and sweeping. It will be the responsibility of the Contractor to determine the centerline and place reflective tabs prior to the scrub seal. The Department will provide final striping. Contractor shall be responsible for all private property damage claims resulting from performance of the tasks described above.

**Traffic Control? |X| Contractor |_| Department

** Are rumble strips included in the route? |_| Yes |X| No

**Are there any ADA requirements associated with this project? |_| Yes |X| No

**Is this, or any part of this project on a reservation? |_| Yes |X| No

**Are there any railroad crossings within the project limits? |_| Yes |X| No

**Will work be completed within the existing Right of Way limits? |X| Yes |_| No

**Are there any utilities within the project limits? |X| Yes |_| No

DESIGNATED CONTRACT DATE:

WORK IS REQUIRED TO BE COMPLETED ON OR BEFORE: AUGUST 30, 2025

QUANTITY WORKSHEET

Measure Quantity

Mobilization

Type 1 Chips

PMRE (Polymer Modified Rejuvenating Emulsion)

Ton 155.0

Traffic Control

L.S.

1.0

NOTE: Quantities are estimated. The above Quantity Worksheet is for informational purposes only. Bids are required to be submitted through eMACS on the Items tab. Bids not submitted on the eMACS Items tab will be disqualified.

SPECIAL PROVISIONS - CONTRACTOR SCRUB SEAL (Revised 12-12-16)

1.1. PURPOSE

The purpose of this contract is to accommodate a variety of situations, at a number of locations, with regard to furnishing materials, equipment and labor for the production of scrub seals.

1.2. CONTRACT AUTHORITY

The Procurement Services Section Supervisor will be the contract authority and the contract will be administered by a Maintenance Chief and/or the Project Manager.

1.3. AIR QUALITY

The Contractor is responsible for all air quality permits and must meet the Department of Environmental Quality emission standards.

1.4. STOCKPILE LOCATION

1.4.1. Each stockpile location will be designated either Department furnished or Contractor furnished. Regardless of designation, obtain all required permits for all work to be performed by the Contractor.

1.4.2. If the site is Department furnished, it will be adequate for aggregate production and stockpiling.

1.4.3. Regardless of who supplies the stockpile, the Contractor is responsible for removing spilled oil, garbage and other debris and leaving each site in a neat and clean condition.

1.4.4. Contractor shall use existing access points for delivering material to MDT’s stockpile sites and shall not traverse or use alternate access points without written authorization from the Maintenance Chief.

1.5. STANDARD SPECIFICATIONS

All references to the "Standard Specifications" shall be the Department's book entitled "Standard Specifications for Road and Bridge Construction", 2025 edition, as amended by current supplemental specifications (effective on the bid opening date). Current supplemental specifications may be obtained at the following web site: http://www.mdt.mt.gov/business/contracting/standard_specs.shtml

1.5.1. The following Standard Specifications Sections apply in their entirety:

a. Section 101

b. Section 105 with the exception of 105.03.3 and 105.16

c. Section 106

d. Section 107

e. Section 208

f. Section 210

g. Section 301

h. Section 402

i. Section 407

j. Section 409 with the exception of 409.03.8, 409.04.3, 409.04.4, 409.04.6, and 409.05

k. Section 411

l. Section 618

m. Section 620

n. Section 701

o. Section 702

p. Section 714

1.5.2. The following Standard Specifications Articles apply in their entirety:

a. 102.02, 102.04, 102.05, 102.06, and 102.16

b. 104.01, 104.05, 104.06, and 104.07

c. 108.01, 108.03.1, 108.04, 108.05, 108.06, 108.07, 108.08, 108.09, and 108.10

d. 109.01, 109.03, 109.04, 109.09.1, and 109.10

e. 303.01, 303.02, 303.03

f. 401.03.24 and 401.04.5

g. 713.02 and 713.06

1.6. ADDITIONAL WORK

1.6.1. Any additional work performed under this provision shall be the same type of work for which the contract was awarded and will only apply if the Contractor is set-up and operational at a designated stockpile location. Subsequently, no additional compensation for the bid item "mobilization" will be allowed. The additional work provision will not apply if the Contractor has to be mobilized to a new designated stockpile location.

1.6.2. The Maintenance Chief reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. If additional work or changes in quantity significantly change the scope of work, an adjustment will be made to the contract. A significant change is defined as an increase in excess of 125% or a decrease below 75% of the original contract quantity item. Any adjustment for an increase in quantity shall apply only to that portion in excess of 125% of the original contract item quantity, or in case of a decrease below 75%, to the actual amount of work performed.

1.6.3. Payment for work under this provision will be at the unit price bid for work for which the contract was awarded. Any additional work must be within 20 miles from the center of the project.

1.6.4. Additional work can only be performed after prior approval of the Helena Maintenance Division Administrator or the designee and written addenda from the Procurement Services Section. This addenda must be in the form of a Purchase Order Adjustment (POA). The addenda will include the following information at a minimum:

1.6.4.1. A description of the work to be performed.

1.6.4.2. Additional time adjustments, if any.

1.6.4.3. The cost associated with the additional work only if the additional work cost exceeds the total cost of the original purchase order regardless of a line item increase as they are estimates.

1.7. QUANTITIES

The Department reserves the right to increase or decrease quantities.

1.8. CONTRACT TIME

1.8.1. Contract time will be determined as follows:

1.8.1.1. Designated Contract Date -- will be the actual calendar date by which all work under the contract shall be completed.

1.8.2. Contract Completion Date – Contractor shall complete the project by the completion date specified in the contract. The completion date shall supersede the number of working days outlined in the contract. The completion date may be extended as per standard specification 108.07.4-A and 108.07.5 (1st paragraph) as listed in Section 2.5. “Standard Specifications”.

1.8.3. Prior to commencement of work, the Contractor shall submit a written proposed work schedule that complies with the designated contract date, to the Maintenance Chief. The Maintenance Chief may request changes to the schedule to best meet the needs of the Department as long as the changes do not impact the sequence of work or designated contract date to the point it changes the terms of the contract as bid. Once the schedule is approved by the Maintenance Chief and concurred with by the Contractor, subsequent changes to the schedule must be approved in writing by both the Maintenance Chief and the Contractor.

1.8.4. If the Contractor is unable to complete the work by the designated contract date for reasons beyond his control, he may request a change to the designated contract date from the Maintenance Chief. Such request shall be in writing and shall state the reasons for the request. The request must be received a minimum of five (5) working days prior to the designated completion date.

The Maintenance Chief will review the request and will provide the Contractor with a written response indicating approval, in which case a new designated contract date will be provided, or disapproval with appropriate reasons. If the Contractor is dissatisfied with the Maintenance Chief's response, he may refer to section 3.0. Claims for Adjustments and Disputes.

1.8.5. In the event the Department increases quantities; the maximum additional contract days allowed will be added to the contract by using the following formula:

D = The original number of days, except Saturdays & Sundays, from the earliest designated stockpile date to the designated contract date.

Final additional days given for increased quantities will be the actual number of days used to install the increased quantities, or the maximum number of days calculated from the formula above, whichever is less.. If the number of days used to install the increased quantities exceed the maximum additional days calculated from the formula then liquidated damages will be accessed. Contract time will not be decreased due to a decrease in quantities.

1.8.6. The Contractor shall not work on Saturdays, Sundays or legal holidays observed by the state unless specifically approved in writing by the Maintenance Chief. These are considered non-typical work days. If the Contractor wishes to work a non-typical work day, requests must be made in writing and received by the Department’s Project manager by noon of the preceding Wednesday.

1.8.7. The sequence of operations to meet the designated contract dates shall be at the Contractor's discretion. The Contractor must give the Maintenance Chief a minimum of three MDT working days’ notice prior to commencing work.

1.8.8. In the event the Contractor does not complete the work by the designated contract date or within the designated working days, liquidated damages will be assessed in the form of a daily charge for each day, except Saturdays, Sundays and legal holidays that exceed the designated contract date or working days. The daily charge will be determined from the schedule in Standard Specification Article 108.08 under calendar day. This charge will be deducted from money due the Contractor.

1.8.9. Contractor must furnish equipment necessary to complete the project as specified.

1.8.10. Number of working days allowed to complete the scrub seal will be based on scrub sealing 80,000 square yards of roadway per day. Contractor must complete the scrub seal within 2 continuous working days of commencement of work. One additional day will be allowed to complete the sweeping operation.

1.8.11. Contractor shall complete the Scrub Seal work within the number of Working Days outlined in this contract. Working days will be assessed against the contract except for days when where inclement weather, or the aftermath of inclement weather prevents the performance of the Contractor’s operations that would be in progress for at least 6 hours of the normal daily schedule being worked. In addition, Working Days will not be assessed for seasonal and weather limitations set forth by terms of this contract. Working Days will be determined and agreed upon daily between the Department’s Project Manager and the Contractor’s Project Manager.

1.8.12. In the event the state increases quantities, the maximum additional working days allowed will be added to the contract by using the following formula:

D = The original number of days, except Saturdays & Sundays, from the earliest designated stockpile date to the designated contract date

Final additional working days given for increase quantities will be the actual number of days used to install the increased quantities, or the maximum number of days calculated from the formula above, whichever is less. Designated contract date will be extended as appropriate to accommodate an increase in quantities as described in section 2.8.5.

1.8.13. No seal and cover work will be performed during the 48 hours preceding a holiday or holiday weekend.

1.8.14. A working day shall be defined as starting with the first day of scrub seal operations and continuing until the job is complete.

1.9. MATERIALS

Furnish PMRE for the seal coat emulsion for all areas in the contract indicating a scrub seal. Furnish a PMRE that includes both polymer modification and a rejuvenator. Ensure the polymer and rejuvenator work as a system to provide rejuvenating effects when applied to aged pavements. Furnish a manufacturer’s certification that material meets the following specifications:

Test on Residue from Evaporation

Test on Rejuvenating Agent:

Test on Rejuvenating Agent RTFOT Residue

1.10. CONSTRUCTION

Complete seal and cover operations in accordance with Section 409 with the following exception. Following application of the emulsion, use a scrub broom to force the emulsion into the existing surface.

Furnish a scrub broom to be pulled by the distributor truck. Furnish a broom that has means to mechanically raise and lower the broom off the roadway surface, keeping the wheels out of the emulsion when the broom is in use. Ensure the broom does not squeegee the emulsion from the roadway surface. Furnish a broom that can extend to width sprayed in a single pass by the distributor and is appropriately hinged to complete the scrubbing process evenly as the contours and cross section of the roadway vary.

Mount street brooms on the nearest and farthest members of the broom, parallel to the back of the distributor truck, and diagonal members in both directions. Mount the brooms on the leading and trailing members 15° off centerline of member. Mount the brooms on the diagonal members parallel with the member. Use individual brooms that are 3 ½ inches wide by 16 inches long. Ensure each broom is equipped the at least 5-inch long stiff bristles. An informational diagram of the described broom is shown below:

No separate measurement or payment will be made for the furnishing and use of the scrub broom. Include the cost of scrubbing the emulsion in the cost of the emulsion.

1.11. TRAFFIC CONTROL

1.11.1. The Contractor will present to the Maintenance Chief for his/her approval, a traffic control plan and the sequence of operations. The traffic control plan must address traffic control for each work activity.

1.11.2. A temporary traffic signal should be used only if engineering judgment indicates that installing the signal will improve the overall safety and/or operations of the location. If the Contractor elects to use temporary traffic signals, a permanent flagger must be stationed at each temporary traffic signal. The flagger will be responsible for signal operation to ensure all stopped traffic in the traffic queue is cleared with a green light. The flagger may be approved to be used as a “walk-back” flagger if more than ten vehicles are stopped at a flag station 50 percent of the time to advise traffic of the delay.

1.11.3. Locate flagger stations to ensure the maximum amount of time a motorist is stopped is 15 minutes. Failure to comply with this requirement may result in a shutdown. Work will not commence until the Contractor makes necessary changes and arrangements to ensure the above time requirement can be adhered to. Contractor is responsible for all monetary damages associated with a shutdown.

1.11.4. All flaggers must have current flagger certification and carry a Montana observed certification card. Flaggers must present their certification card to the Project Manager prior to the start of work.

1.11.5. Two-way traffic through the project limits is not permitted without final striping, interim striping, or temporary pavement markings. Contractor is responsible for installation and maintenance of temporary pavement markings. Include the cost of temporary pavement markings in the bid item Mobilization.

1.11.6. The type of temporary pavement markings used will be at the Contractor’s discretion, with the Maintenance Chief’s approval. Ensure that Temporary Pavement Markings conform to Section 714 of the Standard Specifications. Ensure Temporary Pavement Markings and Traffic Control work together to match roadway conditions and move traffic safely and uniformly through the construction zone.

1.11.7. At the end of each shift the Contractor will be responsible to remove his equipment from the roadway. Equipment shall not be parked within 30' of the edge of roadway.

1.12. PARTIAL PAYMENT

1.12.1. Partial payment for aggregate that is produced or delivered and stockpiled at the project site or other approved location near the project site may be considered for partial payment. Due to the duration of most maintenance projects, no partial payment progress estimates will be made. In those cases, only one final progress payment will be made. However, if a project is scheduled to last longer than 3 months, a progress estimate will be made quarterly or every 3 months.

The following requirements must be met:

1.12.1.1. The aggregate meets the contract requirements.

1.12.1.2. The aggregate is stored to prevent damage and theft, without obstructing or impeding the traveling public.

1.12.1.3. A written request for payment must be submitted to the Maintenance Chief. The request must include the crushed aggregate quantity and cost for which payment is requested and the length of time the material is to be stored.

1.12.1.4. If the Contractor has subcontracted the crushing, then a notarized statement from the subcontractor certifying that their payment has been received must be included with the partial payment request.

1.12.1.5. Partial payment is not an approval of the furnished aggregate. Approval of the furnished aggregate will be made at the time the aggregate is actually used.

1.12.1.6. Partial payment will only be considered for Commercial Plant Mix and/or Type 1 or Type 2 Chips.

1.12.1.7. Partial payment will not exceed 35% of the total line item cost.

1.13. CENTERLINE

The Contractor is responsible for establishing control used to determine centerline.

1.14. CONTRACT DOCUMENTS

The Department will furnish the Contractor with one set of contract documents.

1.15. ENVIRONMENTAL SPECIAL PROVISIONS

1.15.1. Storm Water Permitting Requirements Under the Montana Pollutant Discharge Elimination System (MPDES) [208] (Revised 8-10-23)

A. Description. The DEQ regulates storm water discharges under the MPDES program. If the bid package contains blank erosion control plans, a construction storm water discharge permit authorization will be required. If not, a storm water discharge permit authorization may be required for this project depending on Contractor’s operations. Sum the disturbance area (as defined by DEQ) identified in the contract with the area of disturbance caused by contractor operations to determine if the permit acreage threshold is exceeded. Contractor operations can include, but are not limited to, the following support activities: staging areas, access roads, material storage areas, temporary concrete, or asphalt batch plants, borrow areas, areas used for fill placement, etc. If the summed disturbance area is one acre or more, use the DEQ authorization to discharge under the MPDES General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) for this project.

In order to facilitate permit transfer, separate NOI packages are required for areas within the right-of-way and areas outside of the right-of-way. A NOI package includes a Notice of Intent, with a topographic map, a SWPPP, the erosion control plans, sage grouse consultation letter, if applicable, and supporting documentation.

Blank Erosion Control Plans, and a topographic map, are provided with the plans if the plans include greater than 1 acre of disturbance. Complete the erosion control plans as required by the general permit. Complete the SWPPP using DEQ’s most current SWPPP Form.

B. Materials. Follow the requirements described in the Department’s Erosion and Sediment Control Best Management Practices Manual (December 2016). Rescind Section 208 detailed drawings. Submit to the Project Manager for review and acceptance BMPs proposed for use that are not included in the Manual.

C. Construction Requirements.

1) MPDES Permit Required.

a. Submit one NOI package and the associated fees to DEQ for ground disturbance areas shown in the plans or within the right-of-way. For ground disturbance areas shown in the plans and any other areas within the right-of-way where Contractor activities causing ground disturbance are planned, the Contractor is the sole permittee until construction is complete and the General Permit is transferred to the Department or another entity.

The Department is not responsible for delays caused by incomplete or inaccurate submittals by the Contractor.

Comply with the requirements of the General Permit and implement the SWPPP. Provide an electronic copy of the NOI Package submitted to DEQ and confirmation for receipt of a complete NOI Package from DEQ to the Project Manager prior to conducting any ground disturbance activities.

Do not begin construction activities until the required copy of the NOI Package submitted to DEQ and confirmation for receipt of a complete NOI Package from DEQ is received by the Project Manager.

b. Furnish and install public signage as required by the General Permit. Include the cost of the required sign(s) in the Temporary Erosion Control Lump Sum bid item. Submit a separate NOI package and the associated fees to DEQ for ground disturbance and support activity areas outside the right-of-way and not shown in the plans.

Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the right-of-way and not shown in the plans, are the Contractor's responsibility and must be submitted under a separate NOI package from the ground disturbance within the right-of-way. For all support activities outside the right-of-way which are not part of a larger commercial operation serving multiple unrelated construction activities and will not continue operation beyond the completion of the contracted road construction activity, a notice of intent package must be submitted to DEQ to obtain an authorization under the General Permit.

Sand and gravel borrow area operations, gravel pits, and/or concrete batch plants that will continue operation beyond the completion of the contracted road project, are part of a larger commercial operation, or serving multiple unrelated construction activities, must obtain permit coverage under the Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activity (MSGP) regardless of acreage size of the activity if the activity does not already have MSGP authorization. The Contractor is the sole permittee until stabilization is complete and the General Permit is terminated or transferred to another entity. The Department is not responsible for delays caused by incomplete or inaccurate submittals to DEQ by the Contractor.

Provide copies of all NOI Packages submitted to DEQ and confirmations for receipt of complete NOI Packages from DEQ to the Project Manager prior to conducting any ground disturbance activities.

Be responsible for all temporary erosion, sediment, and pollution prevention controls for Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the right-of-way and not shown in the plans.

c. Complete and document all inspections in accordance with the requirements of the General Permit. Use DEQ’s most current self-inspection form available online at: https://deq.mt.gov/files/Water/WQInfo/Documents/WPBForms/2023-Attachment-B-MTR100000.pdf. Provide a copy of all inspection reports to the Project Manager within 7 calendar days of the inspection.

Report potential noncompliance in accordance with applicable regulations, guidance, and permit conditions. Submit to the Project Manager within 7 calendar days of sending or receiving all correspondence to or from regulatory agencies regarding potential noncompliance or violations.

The temporary erosion and sediment control measures and devices to prevent pollution and control sediment transport and soil erosion will be inspected as part of the final inspection to ensure they are maintained and functioning properly.

Do not transfer or terminate the General Permit coverage until the BMPs are inspected and accepted and all records required under the permit, including inspection and monitoring reports, are furnished to the Project Manager and authorization is received from the Department. The Department may require that certain BMPs be replaced by another type of BMP as a condition of permit transfer.

Upon approval of site conditions, measures, devices and all pertinent records, the Department will notify the Contractor to begin the Permit Transfer Notification in DEQ FACTS. Once completed, provide verification that all fees have been paid and the permit is ready for transfer in DEQ FACTS.

The Department is not liable for the completeness or accuracy of Contractor records completed prior to the permit transfer. Ensure permit conditions and responsibilities are met until confirmation of the transfer is received from DEQ. Defend and hold the Department harmless from any violations, claims, enforcement actions, penalties or fines issued for Contractor activities or recordkeeping that occurred prior to the transfer of the General Permit.

If the Department concurs that final stabilization has been met during the final walk-through, the Contractor may submit a Notice of Termination form to DEQ. Pay the annual fee invoice due at the time of termination. Submit the annual fee invoice to the Project Manager for reimbursement.

2) MPDES Permit not Required.

The BMP-Administration item is included in contracts that may not meet either criteria for an MPDES permit but include ground disturbing activities. Complete BMP inspections and install BMPs, if necessary, in accordance with Section 208, if no storm water permit is required. Utilize form MDT-ENV-014, Water Pollution Control Inspection Report. A certified SWPPP Administrator is not required to conduct the inspections if no permit is required.

D. Method of Measurement. DEQ MPDES fees and monitoring costs associated with obtaining and maintaining the General Permit for ground disturbance areas both within and outside the right-of-way are not measured separately for payment.

If no permit is necessary, include the cost of all erosion control, devices, and inspections in the BMP-Administration bid item.

E. Basis of Payment. No additional payment will be made for the DEQ MPDES fees and monitoring costs associated with the General Permit. Include these costs in the Temporary Erosion Control-Lump Sum bid item.

For project including the BMP-Administration item, include the cost of all erosion control, devices, and inspections in the BMP-Administration bid item. Partial payment for the BMP-Administration will be monthly based on the lump sum contract price in accordance with Table 208-2 in Subsection 208.05.1.

Payment for BMPs required by an event or extra work, and approved by the Project Manager, will be measured and paid for in accordance with the Erosion Control Rate Schedule contained in the contract at a unit price of $1.00 per unit.

PRECONSTRUCTION MEETING TOPICS

The following is list of suggested topics for the Preconstruction meeting with the Contractor. The Preconstruction meeting is a requirement part of the Scrub Sealing Contract and must be held at least 5 days prior to the commencement of work:

· Designate Department and Contractor Project Managers for the project

· Chain of Command

· Authority of Department’s Project Manager

· EEO and ADA Requirements

· Ensure all the Required Permits have been obtained by the Contractor

· Work Shifts and Schedules (Holidays and Saturdays)

· Start date

· Number of Working Days and Exceptions

· Traffic Control Operations, Pilot Cars, & Flagger certification

· Work Zones (Moving Work Zones)

· Contract Specifications for Work and Special Provisions (overruns/underruns)

· Scrub mix design

· Scrub application rate

· Work Quality Issues

· Unsatisfactory Work

· Dispute resolution

· Designated Contract Date

· Material Testing/Certification/Sampling

· Gradation testing of aggregate

· Stockpiling of Materials

· Emulsion Sampling

· Chip application rate

· Calibration of chip spreader and distributor

· Department Hauling, if applicable

· Temperature Limitations and Road Surface Requirements

· Brooming/sweeping operation

· Cleaning of cracks prior to emulsion application

· Stations

· Wetting chips

· Rolling operation

· Meetline operations

· 1,000’ test strip to check embedment and application rates

· Temporary striping

· Haul route damage (107.10)

· RWIS Sites

· Additional work

· Safety Meeting (Hard Hats, Vests Etc.)

· Restrooms

· Contractor’s Work Load

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REVISED: 7/17/09

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