PIR_2(4)_SCR_FINAL.pdf

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

SPECIAL CONTRACT REQUIREMENTS

FOR PROJECT

PIR 2(4)

Pulverize Existing Bituminous Surface, Incorporate into Existing Base, Place Leveling Course of Aggregate Base, Hot Asphalt Concrete Pavement, And Pavement Markings for 6.958 Miles on Route 2.

THIS SPECIFICATION

UTILIZES CONSTRUCTION DETAILS

OF FP-14

Tohono O’odham Nation Pima County, AZ

ISSUED BY

WESTERN REGIONAL OFFICE

PHOENIX, ARIZONA

The bid must be submitted on the Unit Price Schedule below without modification.

SCOPE OF WORK:

Item Description Qty Unit Unit Total Amount No. Price

10701 Archeological monitor 1 LS

15101 Mobilization 1 LS

15201 Construction survey and staking 1 LS

15301 Quality control 1 LS

15714 Soil erosion control 1 LS

15901 TERO payment 1 LS

20102 Clearing and grubbing 1 LS

20305 Removal of structures and obstructions 1 LS

20414 Channel excavation 144 CY

30101 Aggregate base, grading special 4,300 TON

30401 Full depth reclamation 98,000 SY

40201 Hot asphalt concrete pavement, class B, grading special, type I pavement smoothness 18,500 TON

40202 Asphalt cement, PG 70-10 1,110 TON 60211a Asphalt-coated metal end section for 24 inch pipe 2 EA

60211b Asphalt-coated metal end section for 36 inch pipe 2 EA

60212a 24 inch type A asphalt-coated corrugated steel pipe culvert, 2-2/3 x 1/2 inch corrugations, 0.064 inch 10 LF

60212b 36 inch type A asphalt-coated corrugated steel pipe culvert, 2-2/3 x 1/2 inch corrugations, 0.064 inch 60 LF

60702 Clean-out cattle guard (4-unit) in place 1 EA

62501 Seeding, mulching, fertilizing, dry method 17 Acre

63309 Sign installation, warning and regulatory, with steel post(s) 3 EA

63310 Object marker, type 3, with steel post 22 EA

63401a Pavement markings, type H, 4 inch solid yellow 17,300 LF

63401b Pavement markings, type H, 4 inch broken yellow 28,000 LF

63401c Pavement markings, type H, 4 inch solid white 73,478 LF

63401d Pavement markings, type H, 18 inch solid white 20 LF

63501 Temporary traffic control 1 LS

Total Amount Bid:

This work is for PIR 2(4) on the Tohono O'odham Nation, Pima County, Arizona, and shall be in accordance with the Specifications and Drawings.

Pulverize existing bituminous surface, incorporate into existing base, place leveling course of aggregate base, hot asphalt concrete pavement, and pavement markings.

UNIT PRICE SCHEDULE

UNIT PRICE SCHEDULE (ADDITION TO SF-1442)

Before preparing and submitting bid, please read carefully the Solicitations Provisions and fill in the Unit Price Schedule below.

PIR 2(4) - 10/5/2022 Special Contract Requirements

JAN 2022 edition

SPECIAL CONTRACT REQUIREMENTS, FP-14

All material under the Divisions of the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14” henceforth called FP-14, published in book form by the U.S. Department of Transportation, Federal Highway Administration, shall apply to this contract as revised below:

DIVISION 100 GENERAL REQUIREMENTS

Section 101 – TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations.

(a) Acronyms.

Page 4, after “USC” add the following: “BIA – Bureau of Indian Affairs.”

Page 6, Delete (e) Slope notation (vertical:horizontal) and insert the following:

(e) U.S. Customary units slope notation (horizontal:vertical). Express the slope as a ratio of a number of units horizontal to one unit vertical.

PIR 2(4) - 10/5/2022 2 Special Contract Requirements

Section 103 – SCOPE OF WORK

103.05 Partnering.

Delete the subsection in its entirety.

PIR 2(4) - 10/5/2022 3 Special Contract Requirements

Section 104 – CONTROL OF WORK

104.03 (b) Specific requirements for concrete and miscellaneous structures.

(1) Delete the language “furnish drawings for the following:” and replace with “Furnish drawings that bear the seal and signature of a registered Professional Engineer proficient in the pertinent design field for the following:”

Add the following:

(2)(n) Structural concrete drawings and details;

(o) Reinforcing steel details.

104.05 Load Restrictions. Add:

No loads shall be hauled over aggregate base courses or bituminous pavements which exceed legal load limits for hauling units as prescribed within the jurisdiction of the local State Department of Transportation (Highways) [ARIZONA REVISED STATUTES, TITLE 28, SECTION 1009.01], PIR 2(4) - 10/5/2022 4 Special Contract Requirements

Section 105 – CONTROL OF MATERIAL

105.05 Use of Material Found In Work.

Delete (a) Take possession of the excess material and direct its use, paying the Contractor only for the cost of production and substitute the following:

(a) Take possession of the material, or

PIR 2(4) - 10/5/2022 5 Special Contract Requirements

Section 106 – ACCEPTANCE OF WORK

106.03 Certification. Add:

Include the following with all certifications:

a. Contract Number

b. Project Name

c. Item Number

d. Item Description

e. Specification Requirements

106.04 Measured or Tested Conformance.

ADD:

Results from inspection or testing for acceptance of work incorporated in the project shall have values within the specified tolerances or specification limits.

PIR 2(4) - 10/5/2022 6 Special Contract Requirements

Section 107 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.10 Environmental Protection. Add:

In compliance with Executive Order 13112 regarding noxious weeds, all earthmoving and hauling equipment will be washed at the contractor’s storage facility prior to arriving on the construction site to prevent the introduction of noxious weed seed.

In compliance with Executive Order 13112 regarding noxious weeds, all earthmoving and hauling equipment shall be washed prior to leaving the construction site to prevent noxious weed seeds from leaving the site.

Contractor washing of all earthmoving and hauling equipment will not be measured directly for payment but will be considered a subsidiary obligation of the contract.

The Contractor shall submit a draft Environmental Compliance Plan 10 days after the award of the contract. The Environmental Compliance Plan will be discussed and will either be accepted or returned for revisions at the preconstruction conference. Upon acceptance of the Environmental Compliance Plan the contractor will submit five (5) copies of the accepted plan to the Contracting Officer.

The plan is to detail the permits, testing, reports and actions that Contractor proposes to do in order to be in compliance with the CLEAN AIR ACT, CLEAN WATER ACT, NATIONAL ENVIRONMENTAL POLICY ACT, the NATIONAL HISTORIC PRESERVATION ACT and other laws and regulations controlling pollution of the environment.

Contractors’ equipment (crushers, asphalt concrete plants, Portland cement plants, etc.)

must be permitted by the State, County or Tribal Air Pollution Control District that the equipment will be operating in. As part of the Environmental Compliance Plan the Contractor must furnish a copy of the permit for each unit of equipment that will be used on the project.

The Environmental Compliance Plan must be accepted before any construction activities can begin. A guide for use in completing the Environmental Compliance Plan is shown on the next page.

PIR 2(4) - 10/5/2022 7 Special Contract Requirements

GUIDE FOR ENVIRONMENTAL COMPLIANCE PLAN

PROJECT:

1. Compliance with CLEAN AIR ACT and CLEAN WATER ACT.

A. Roadway. (list equipment)

1. Dust.

2. Emissions.

B. Borrow and aggregate pits. (list equipment)

1. Dust.

2. Emissions.

3. Restoration.

C. Crusher, Asphalt and Concrete Batch Plants. (list equipment)

1. Dust.

a. Permits.

b. Spray bars.

2. Emissions.

a. Permits.

b. Stacks.

c. Type of fuel.

D. Equipment yard.

1. Dust.

2. Fuel storage.

3. Disposal of used oil.

4. Restoration.

E. Detours and haul roads.

1. Dust.

2. Emissions.

3. Restoration.

F. Hazardous Materials.

1. Safety Practices.

2. Contingency Spill Plan.

3. Minor Spill Cleanup.

G. Project Cleanup.

H. Disposal of Materials.

II. Compliance with NATIONAL ENVIRONMENTAL POLICY ACT and NATIONAL

HISTORIC PRESERVATION ACT.

Contractor’s Signature Date

Recommended by COR/AOR Date

Approved by CO/AO Date

PIR 2(4) - 10/5/2022 8 Special Contract Requirements

As part of the compliance with the National Environmental Policy Act, the Contractor must complete an environmental document in accordance with BIA NEPA Handbook 59 IAM 3-H, if he elects to do any of the following:

1. Produce materials from a contractor-furnished source.

2. Utilize a site to set up a plant for the crushing and processing of the base and/or surfacing materials, or an equipment yard.

3. Dispose of materials in other than a commercial or approved public land fill.

4. Construct a haul road or detour out of the approved right-of-way.

Before the Contractor may enter/occupy any area outside of the right-of-way, including vehicle turnaround areas, construction yards, staging areas, material sources, etc., the Contractor must submit to the CO/AO a detailed location map and activity description. If the CO/AO determines that NEPA documentation is necessary, the Contractor must prepare an environmental assessment which shall include but not be limited to the following:

1. A Cultural Resource Survey and Report for the areas that may be affected by the project, must be completed by a person with acknowledged credentials.

2. An Endangered Species Biological Assessment must be prepared by a qualified person, if there are any threatened or endangered species that may be in the project area.

3. The location and ownership of the proposed material source, equipment yard, haul road, etc., with vicinity maps.

4. The anticipated area to be impacted, volume of material to be removed, length and width of haul road, and other pertinent features.

5. Former use, if known, of the source and/or haul roads and the existing condition.

6. Identify and location of nearby lakes, streams, parks, wildlife refuges or similar areas that may be affected.

7. A description of the visual surroundings and the impact of this action on the visual setting.

8. Description of the wildlife and plants and their habitat.

9. Identification of present and planned future land use and an analysis of the compatibility of this action with future use.

10. Procedures to minimize dust and noise.

PIR 2(4) - 10/5/2022 9 Special Contract Requirements

11. Description of the impacts to the quality and quantity of water resulting from runoff, watering, flooding, or pumping.

12. Effects of hauling activities upon local traffic and roads and the mitigation measures planned where problems are expected.

13. Handling of fuel, potential spills and disposal of used oil.

14. Include proof of compliance and permits if required with Sections 308, 401 and 404 of the Clean Water Act, Section 114 of the Clean Air Act and other requirements that may apply concerning zoning, health, mining land use, flood plains, etc.

15. Effects which could result from removing and/or stockpiling materials within flood plains.

16. Final condition in which the affected features will be left, such as sloped, topsoil replaced, area seeded, etc.

The Environmental Assessment shall be submitted to the CO/AO for review. If the CO/AO determines that the environmental document is sufficient, then the Contractor shall submit the Environmental Assessment to the Agency Superintendent for approving signature and a copy given to the COR/AOR, prior to engaging in any activity outside of the existing right-of-way.

If the CO/AO determines that the environmental assessment is insufficient, then the assessment will be returned to the Contractor for additional work and re-submittal to the

CO/AO.

Where appropriate, permission from allottees, private land owners and/or other government entities must be obtained.

PIR 2(4) - 10/5/2022 10 Special Contract Requirements

Section 108 – PROSECUTION AND PROGRESS

108.01 Commencement, Prosecution, and Completion of Work.

In the second paragraph, second sentence, delete “Seven days before the preconstruction conference,” and insert “Ten days after the award of the Contract,”.

108.03 Determination and Extension of Contract Time. Add:

Stop work orders on some but not all items will be considered “partial suspension”. Stop work orders on all items will be considered “total suspension”.

When the CO/AO, in accordance with Subsection 108.05(a), orders the total suspension of the performance of work for one or more calendar days, the number of days from the effective date of the suspension until the effective date of the CO/AO’s order to resume operations, will not be included in the count of the contract time.

During periods of partial suspension of the work in accordance with Subsection 108.05(a), the total number of calendar days to be charged as contract time, shall be computed by multiplying the number of calendar days of the original contract time by the ratio of the amount earned during the period of partial suspension to the original contract amount.

In no case shall the number of calendar days to be charged as contract time for a period of partial suspension (computed as described in the previous paragraph) exceed the total time of the effective dates of the partial suspension issued by the CO/AO.

For the purpose of computing the number of calendar days to be charged, the amount earned during a period of partial suspension shall exclude any allowance for materials not incorporated in the work but shall include any allowance made for the roadside production of aggregate and other work performed at the site.

Reasonably predictable weather conditions are not a valid reason for adjustment of contract time.

108.04 Failure to Complete Work on Time.

Delete the fourth paragraph which begins with “Liquidated damages in an amount equal to 20 percent…. .”

108.05 Stop Order. (Suspension of Work)

In the first line of the last paragraph delete the words “time or”

PIR 2(4) - 10/5/2022 11 Special Contract Requirements

Section 109 – MEASUREMENT AND PAYMENT

109.02 Measurement Terms and Definitions

Delete (c) Cubic yard. And insert (b) Cubic yard (yd³, Cu.Yd. or CY). 27 cubic feet.

Delete (e) Each. And insert (e) Each (EA).

Delete (h) Linear foot. And insert (h) Linear foot (LF).

Delete (i) Lump sum. And insert (i) Lump sum (LS).

Delete (m) Pound. And insert (m) Pound (LB).

Delete (o) Square foot. And insert (o) Square foot (ft², Sq.ft. or SF).

ADD: (s) Square yard (yd², Sq.Yd. or SY).

Add the following:

(t) Contingent sum. Perform the work only when authorized by written order. The work will be measured and paid for at agreed unit prices, lump sum prices or force account as established in the order authorizing the work. When the unit is designated “Lump Sum”, the quantity is designated as “1”.

109.06 Pricing of Adjustments.

Add the following sentence after the first paragraph:

A method of adjusting the cost (i.e. unit price) of bituminous material has been described in subsection 402.19(a).

Price adjustments will not be allowed as a result of variations in contract quantities, except as provided below:

(a) When the quantity of work to be done or material to be furnished under any major item of the contract is increased by more than 15 percent of the quantity stated in the bid schedule, either party to the contract, upon demand, shall be entitled to an equitable price adjustment on that portion of the work above 115 percent of the quantity stated in the bid schedule.

(b) When the quantity of work to be done or material to be furnished under any major items of the contract is reduced by more than 15 percent of the quantity stated in the bid schedule, either party to the contract, upon demand, shall be entitled to an equitable price adjustment for the work quantity actually performed, limited to a total payment not more than 85 percent of the amount originally bid for the item.

PIR 2(4) - 10/5/2022 12 Special Contract Requirements

For changes and variations in accepted quantities of major items, in accordance with Contract Clause 52.212-11. Variation is estimated Quantities, the prices agreed upon and any agreed adjustment in contract time will be incorporated in the written order issued by the Contracting Officer, which will be so written as to indicate acceptance on the part of the Contractor as evidenced by his signature.

(b) Postwork pricing.

(1) Direct costs.

(c) Equipment.

Delete the paragraphs under (1), (2), and (3) and substitute the following:

For any machinery or special equipment (other than small tools), including fuel and lubricants, plus transportation costs, the use of which has been authorized by the COR/AOR including the use for hauling of materials and equipment, the Contractor shall receive the hourly equipment rental rates in effect at the time force account work is authorized. These hourly rental rates shall be determined by using the monthly rental rate taken from the Rental Rate Blue Book for construction equipment divided by 176. The Rental Rate Blue Book for Construction Equipment is published by Equipment Guide- Book Company, Palo Alto, California. Operating costs in accordance with the rates listed in the Rental Rate Blue Book will be allowed for each and every hour the machinery or equipment is actually operated. Rates not provided by the Rental Rate Blue Book must be approved by the CO/AO prior to the start of any Force Account work on which the equipment will be used. No adjustment percentage, as shown on the maps in the Rental Rate Blue Book shall be used with the rental rate because of a predominate area condition.

If the machinery or equipment is required to be at the work site on standby, but is not operating, the Contractor may be compensated at the hourly rate exclusive of operating costs. The duration of standby time is to be determined when standby time is approved.

When the equipment is to be used on multiple shifts, a charge of 50 percent of the base rental rate plus operating service rate for each hour of additional shifts will apply. The number of hours for each shift shall be agreed upon by the Contractor and COR/AOR prior to starting of work.

“Move-in” and Move-out” charges required by the piece of equipment not available on the job will be included as part of the extra work at actual transportation cost, if the particular piece of equipment is not moved onto the specific job under its own power.

Total hourly rate, without operator, shall be allowed for equipment moved to the site of the work under its own power. This shall apply to equipment moved within the limits of the project. “Move-in” charges will be paid only once for any particular piece of equipment except in unusual circumstances which must be justified in writing and agreed to by the COR/AOR.

PIR 2(4) - 10/5/2022 13 Special Contract Requirements

Whenever the “Manufacturer’s Rated Capacity” falls between those shown in this book, the closest will be used. Do not interpolate for rates in between.

All rates shall be agreed upon in writing before any work is begun. No percentages shall be added to this amount.

(2) Overhead.

Delete the first paragraph and substitute the following:

The overhead factor shall be applied to the direct costs. The Contractor shall be limited to 10% overhead when he and/or his subcontractors perform work for that portion performed with their respective forces.

(3) Profit.

Delete the first paragraph.

109.08 Progress Payments.

Delete (a), (b), (c), (d) and (e) and insert the following:

Progress payments will be made on the first of each month as the work proceeds except no payment will be made for less than $2,500. Progress payments will be prepared by the COR/AOR and made by the CO/AO in full without retention when progress is considered satisfactory and the work may reasonably be expected to be completed within the contract time, progress payments will be withheld if the Contractor’s Construction Schedule (CPM) is not current and accepted by the Government.

Noncompliance with or the failure to provide timely submittal of contract requirements will be justification of withholding of progress payments or portions thereof.

(f) Partial payments.

Add: Partial Payments for Material on Hand

Materials listed below may be considered for partial payment when the materials are delivered and stockpiled or produced on the project site or on another site approved by the COR/AOR. Such partial payment will be made at the contract unit price for the quantity of material on hand and multiplied by the Partial Payment Factor.

Type of Material

Partial Payment Factor

Aggregate Subbase

0.35

Aggregate Base

PIR 2(4) - 10/5/2022 14 Special Contract Requirements

Mineral Aggregate

Cover Aggregate

The cost of hauling the stockpiled material listed above to the project site may be included in the partial payment at a rate of $0.15 per ton per mile.

Cover aggregate will be measured by the Ton in the hauling vehicle immediately prior to placement on the roadway surface to be treated.

Delete the last paragraph of this subsection beginning with “The quantity paid . . .”

PIR 2(4) - 10/5/2022 15 Special Contract Requirements

DIVISION 150 – PROJECT REQUIREMENTS

Section 151 – MOBILIZATION

151.03 Payment

After the sentence “Progress payments for mobilization lump sum will be paid as follows:” delete (a), (b), (c) and (d) and replace with the following:

One third of the mobilization lump sum, not to exceed 5% of the original contract amount, will be paid when the COR/AOR has determined that a significant amount of equipment has been mobilized to the project site which will be used to perform portions of the contract work.

The remaining payment(s) of mobilization will be determined by the percentage of work completed for the contract up to 90 percent of the mobilization lump sum. The remaining balance shall be paid after final acceptance of the project.

PIR 2(4) - 10/5/2022 16 Special Contract Requirements

Section 152 – CONSTRUCTION SURVEY AND STAKING

152.04 General (a) Personnel. Add:

The person responsible for the surveying shall be a Registered Land Surveyor (RLS) in the state where the project is located and be proficient in construction surveying and have a sound knowledge of the specifications as they relate to construction staking. The crew chief shall be NICET Certified Level III or a RLS and shall be capable of supervising a survey crew, calculating grades, horizontal and vertical curves, and all other work necessary to complete the construction staking. The crew chief shall be on the project whenever surveying and/or staking is in progress. A minimum of 50 percent of the survey crew shall be NICET Certified Level II or possess at least a Land Surveyor-In- Training certificate.

(c) Material.

DELETE the 3rd paragraph staring with “The Government….”

DELETE the 4th paragraph starting with “Data relating to…..”

In the 5th paragraph, DELETE the 2nd sentence.

In the 6th paragraph bullet point no. (7) DELETE the words “to the Government-established control points”

In the 8th paragraph, DELETE the 2nd and 3rd sentence.

(a) Control points. Add:

Survey data shall be collected and recorded in units and notation consistent with U.S.

Customary Units. Surveying tolerances shall be as per Table 152-1 of the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP- 14”.

Modified State Plane Coordinates (ground) shall be used for the coordinate system with NAVD 88 elevations and international feet for both the horizontal and vertical control.

Control points shall be established by the surveyor at least every 1,000 feet along the project outside the construction limits. Reference all control points with 3/4” diameter x 24” rebar with aluminum or plastic caps.

Control points shall be identified by a point number, northing coordinate, easting coordinate, elevation and a descriptor code (i.e., cp-1, cp-2, cp-3). The control points shall be tied to at least two public land monuments which shall also be identified by a point number, northing coordinate, easting coordinate, elevation and a descriptor code.

Level loops shall be run on the control points prior to any further data collection. No elevation equations are allowed. Vertical control shall originate and close on an existing marker/monument with an established elevation (i.e. Public Land Monument, State Highway Marker, Indian Health Service Marker, BIA Bench Mark, etc.). The monument

PIR 2(4) - 10/5/2022 17 Special Contract Requirements and/or marker used shall be assigned a point number, northing coordinate, easting coordinate, elevation and a descriptor code. Level loop notes shall be kept in a standard survey field book.

The surveyor shall provide a complete survey of the existing horizontal alignment, existing profile grade, and cross-section of the roadway. Each shot shall have a point number, northing coordinate, easting coordinate, elevation and a descriptor code.

Traffic control during the field surveying operations shall be in accordance with the “Manual on Uniform Traffic Control Devices, 2009 Edition" by Federal Highway Administration.

2. Deliverables:

Two copies of a bound report containing the following information:

a. Cover letter of submittal to the Contracting Officer/Awarding Official.

b. Signature sheet with contract number, project name, date, Registered Land Surveyor’s professional stamp with signature and the signature of who prepared the report.

c. Table of Contents.

d. Introduction page describing project location, background and purpose. Include 7.5 minute series USGS topographical map showing the approximate location of the survey.

e. Survey log(s) showing project name, names of survey crew members, equipment used, coordinate system used (i.e. UTM at ground), project datum (i.e. NAD 1983 for coordinate system at ground), coordinate units (i.e. international feet), distance units (i.e.

international feet), vertical units (i.e. u.s. survey feet), date, time, weather, temperature, GEOID model (i.e. G03), and other appropriate information.

f. Hard copy of feature codes used with descriptions for each code.

g. Hard copy of a map showing the public land monuments that the control points are tied to, description of the public land monuments, description of the basis of bearing for the subject survey.

h. Electronic copy of the survey map in DXF and DWG format.

i. Electronic copy of the survey data in ASCII format comma delimited. Point Number, Northing, Easting, Elevation and Descriptor Code.

h. Two (2) CDs containing collected survey data. Label the CDs with the contract number, project name, and date.

PIR 2(4) - 10/5/2022 18 Special Contract Requirements

(f) Grade-finishing stakes. Add:

The Contractor shall set blue-top hubs, 2”x 2” x 6”, on centerline and shoulders for subgrade, special subbase and aggregate base course. Vertical tolerance for these hubs shall be ± 0.03 feet (see Table 152-1).

(j) Borrow and waste sites. Add:

No measurements shall be performed until the site has been cleared and grubbed.

(l) Miscellaneous survey and staking. ADD:

Pavement markings. Mark roadway centerline at 50 foot intervals for pavement markings.”

152.07 Measurement.

Delete the text under this subsection and substitute the following:

Construction survey and staking will be measured by the lump sum.

152.08 Payment. Add:

Payment will be made under:

Pay Item Pay Unit

15201 Construction survey and staking LS

PIR 2(4) - 10/5/2022 19 Special Contract Requirements

Section 153 – CONTRACTOR QUALITY CONTROL

153.03 Contractor Quality Control Plan (QCP). Add:

The Contractor’s Quality Control Plan must be stamped and signed by a Civil Engineer who is registered in the state where the work is to be performed.

153.09 Measurement and Payment.

Delete this subsection and replace with the following:

Measure Quality control by the lump sum.

Add the following to this subsection:

Payment.

Five percent of the original contract amount shall be paid upon acceptance of the Quality Control Plan. No other payments for this item shall be made until the Quality Control Plan has been accepted.

Forty-five percent of the original contract amount shall be paid when 50% of the testing outlined in the Quality Control Plan has been submitted to the COR/AOR and accepted.

The remaining amount shall be paid when all of the testing outlined in the Quality Control Plan has been submitted to the COR/AOR and accepted.

15301 Quality control LS

PIR 2(4) - 10/5/2022 20 Special Contract Requirements

Section 154 – CONTRACTOR SAMPLING AND TESTING

154.01 Description. Add:

Independent Testing Laboratory.

Sampling and testing on Western Region Bureau of Indian Affairs (WRBIA) road construction projects shall be performed by an Independent Testing Laboratory. The Independent Testing Laboratory and its technicians must be experienced and proficient in the fields for which the work is to be performed.

To receive WRBIA approval the Independent Testing Laboratory shall meet the following requirements:

a) Programs Participation.

The Independent Testing Laboratory shall participate in the AASHTO Materials Reference Laboratory (AMRL) and/or Cement and Concrete Reference Laboratory (CCRL) laboratory inspection program as appropriate for the testing being performed. A copy of the current Certificate of Accreditation shall be submitted with their Quality Control Plan. Copies of all applications, correspondence, reports and corrective actions shall be submitted to the Regional Road Engineer as requested.

b) Documentation.

1. The Independent Testing Laboratory shall provide documentation describing their organization, organizational chart, personnel responsibility, authority, education, training, experience and certifications; inventory of facilities and equipment used for testing (manufacturer, model and serial number, calibration and tolerances); written laboratory procedural manual; methods used for recording, processing and reporting data; inventory of reference material, standards and test methods. This documentation shall be updated annually, or more frequently when substantial changes occur.

2. The Independent Testing Laboratory shall provide documentation outlining their own

Quality Control, Quality Assurance and Equipment Calibration programs for their main lab and any satellite or project labs.

3. It shall be the responsibility of the Contractor to promptly provide the documents from the Independent Testing Laboratory necessary to show existing and continuing compliance with the requirements outlined herein.

c) Personnel.

1. The services of the Independent Testing Laboratory shall be under the direction of a full-time employee who is a licensed engineer in the State the project is located.

He/she shall have a minimum of (5) five years of professional engineering experience in laboratory and field testing of the specific materials such as soils, Portland cement

PIR 2(4) - 10/5/2022 21 Special Contract Requirements and asphalt concrete to be incorporated into the project which he/she directs. The Engineer shall review the work in the field at the project site on a bi-weekly basis, or more frequently, if required.

2. The supervisors of laboratory and/or field technicians shall have at least three years experience in inspection and/or testing of materials involved in the related area of construction. The field supervisors of the laboratory and/or field technicians shall be certified by the National Institute for Certification in Engineering Technologies (NICET) at Level III or above in the appropriate Construction Materials Testing field or meet one of the following requirements:

(aa) Be a licensed Engineer by the State in which the project is located with one year of highway experience acceptable to the WRBIA.

(bb) Be licensed as an Engineer-In-Training by the State in which the project is located with two years of experience acceptable to the WRBIA.

(cc) Hold a Bachelor of Science Degree in Civil Engineering or an Associate Degree in Civil Engineering Technology with three years of highway experience acceptable to the WRBIA.

3. Supervisory Technicians performing the actual testing and/or inspection shall be

NICET certified at Level III of above in the appropriate Construction Materials Testing field or meet the requirements of 2 (a)-(c).

d) Equipment.

1. Testing machines and equipment must be calibrated annually or more frequently by impartial means using devices of accuracy traceable to the National Bureau of Standards.

2. The Independent Testing Laboratory will be open to inspection of equipment and procedures by the Regional Road Engineers.

e) Other Work.

In fields other than those covered by the referenced AASHTO or ASTM Standards, the Independent Testing Laboratory shall accept only those assignments which it is able to perform competently by use of its own personnel and equipment. Any work to be subcontracted must be performed by laboratories meeting the same criteria. If any work is subcontracted, the subcontractor shall submit documentation in accordance with paragraph 154.01 (b), to the Contracting Officer for approval 21 calendar days prior to the subcontractor commencing work.

PIR 2(4) - 10/5/2022 22 Special Contract Requirements

f) Preconstruction Meeting.

The Independent Testing Laboratory shall be present during the technical portion of the preconstruction meeting. Supervisory personnel and the lead field technician shall be in attendance at this meeting.

154.03 Sampling. Add:

Delete the first sentence of the first paragraph and substitute the following:

Acceptance samples shall be split into 3 samples according to AASHTO or other acceptable procedures designated by the CO/AO. One of the acceptance sample splits shall be tested by the Independent Testing Laboratory and the other two of the acceptance split sample shall become property of the government. One of the splits shall be marked “BIA”, the third shall be marked “Referee”. Samples shall be stored in canvas, plastic or metal containers. Paper containers will not be acceptable. All acceptance sample splits shall be delivered to the Agency Roads Office by the Contractor on a weekly basis.

Add the following to this subsection:

(k) Sample Identification System.

Samples for testing shall be consecutively numbered throughout the project. All tests shall be prefixed as shown in the following examples (for specific tests pertaining to this Project refer to the applicable Section):

1.0 Density Tests.

Prefix

Description

OGD Original ground density

ED Embankment density

DD Dike density

SGD Finished Subgrade density

PBFD Pipe backfill density

PBD Pipe bedding density

SBD Structural backfill density

SSBD Select subbase density

ABD Aggregate base density

ACD Asphalt Concrete density

PIR 2(4) - 10/5/2022 23 Special Contract Requirements

Any retests of the above shall be suffixed with alpha letters, e.g., OGD-1 (failed), OGD- 1A (failed), OGD-1B (passed).

Embankment tests must indicate elevation of test, either actual elevation from subgrade or distance in feet above OG. Backfill tests must indicate which lift is being tested, 1st, 2nd, etc., to an elevation 12 inches above a structure.

Each item listed above shall be presented to the COR/AOR on separate test report sheets.

2.0 Maximum Density-Optimum Moisture Tests.

OGMD Original ground maximum density-optimum moisture

EMD Embankment maximum density-optimum moisture

ABMD Aggregate base maximum density-optimum moisture

Moisture density curves for all materials shall be required to have as a minimum four (4) points, two (2) on each side of optimum. Each curve will be identified with a unique laboratory number, material source and usage.

3.0 Sieve Analysis P.I. & Additional Aggregate Tests.

ABS Aggregate base sieve analysis

SSBS Select subbase sieve analysis

SCS Structural concrete aggregate sieve analysis

PCS Prestressed concrete aggregate sieve analysis

CCS Cover coat aggregate sieve analysis

MAS Mineral aggregate sieve analysis

P.I. and additional aggregate test results shall be shown on same form as sieve analysis.

4.0 Concrete Tests.

SC Structural concrete sieve analysis

PC Prestressed concrete sieve analysis

PIR 2(4) - 10/5/2022 24 Special Contract Requirements

5.0 Asphalt Concrete Tests.

AC-1, 2, 3, Test performed on asphalt concrete mixture to include:

Extraction, moisture and gradation for each 500 tons (455 M-t).

1st a.m. & p.m. sample each day – stability & flow, air voids, VMA, unit weight, rice gravity.

SE-1, 2, 3, Sand Equivalent – One sample each day

TSR-1, 2, Tensile Strength Ratio – One sample each day

In addition to test results, each data unit shall contain; date, time sampled and load number of material represented by test results.

6.0 Paving and Liquid Asphalt Tests.

PA Paving grade asphalt

LA Liquid asphalt

EA Emulsified asphalt

154.04 Testing. Add:

The acceptance split samples shall be tested by the Independent Testing Laboratory. The CO/AO reserves the right to test the second split acceptance samples marked “BIA” and if the results do not conform to those of the Contractor’s test results, then the basis of payment will be on the CO/AO tests. If the Contractor elects to contest the test results of the CO/AO, then a mutually agreed upon “Testing Lab” shall be selected to perform the tests on the third acceptance split samples marked “Referee”.

The Contractor and the CO/AO shall abide by the “Testing Lab’s” results. The Contractor shall bear all costs in running the split samples by the “Testing Lab”.

PIR 2(4) - 10/5/2022 25 Special Contract Requirements

Results of tests shall be in accordance with AASHTO or industry standards except for the following:

-- Sieve analysis – nearest whole %, except the No. 200 sieve which shall be reported to the nearest 0.1%.

-- Voids – nearest 0.1%.

-- Asphalt and moisture content, retention factor – nearest 0.01%.

-- Unit weight – nearest 0.1 lb/ft³.

-- Specific gravity – nearest .001unit.

-- All compaction tests – nearest 0.1%.

-- Compression tests – nearest 10 psi.

The original of all test reports shall be submitted to the COR/AOR in accordance with the required time frames.

One copy of all test reports shall be submitted to the Contractor’s Superintendent in accordance with the required time frames. If the test results are not submitted within the required time frames the Contractor shall suspend work on those items of work until the test results are current.

Indexed binders for testing shall be prepared and submitted to the COR/AOR for approval at the preconstruction conference. All test results including summaries shall be incorporated into the binder on a daily basis. The binder shall be kept at the COR/AOR’s field office.

In addition to the submittal of test reports in accordance with the required time frame, any reports submitted to the COR/AOR which are incomplete, illegible or reported on the wrong form will be returned for correction and a $50.00 per day charge will be assessed until they are resubmitted correctly.

154.05 Records. Add:

Reporting Test Results

Time constraints for applicable tests and reports submitted to the COR/AOR are as follows:

PIR 2(4) - 10/5/2022 26 Special Contract Requirements

Mix Designs – All Materials.

Design to COR/AOR 21 days prior to beginning production.

Proctors – All Materials.

Reports to COR/AOR before taking density tests.

Density Tests – All Materials.

Results given to COR/AOR at completion of tests. Report to COR/AOR the following work day.

All aggregate quality tests such as L.A.

Abrasion, Sulphate, etc.

Reports to COR/AOR one week prior to hauling.

Special subbase and aggregate base sieve analysis and PI.

Reports to COR/AOR one day after samples have been taken.

Asphalt concrete stability and flow, air voids, V.M.A., asphalt content, moisture content, unit weight, sieve analysis, and sand equivalent.

Report to COR/AOR the following work day.

Tensile Strength Ratio, %

Reports to COR/AOR within 2 days of sampling.

Straightedge measurements.

Results to COR/AOR at completions of tests. Report to COR/AOR the following work day.

Profilograph Measurements.

Reports to COR/AOR within 14 days after final rolling or compaction is completed.

Complete Asphalt Test Series for paving, cutback, asphalt rubber and emulsified asphalts.

Reports to COR/AOR within four (4) working days after sampling.

Emulsified Asphalt – percent of residue.

Reports to COR/AOR the following work day after sampling.

Partial paving asphalt tests for paving, cutback, asphalt rubber and emulsified asphalts.

Partial test series reports to COR/AOR within two (2) work days of sampling.

154.07 Measurement.

Delete subsection and replace with the following:

Contractor sampling and testing will not be measured directly but will be considered a subsidiary obligation of the contract.

PIR 2(4) - 10/5/2022 27 Special Contract Requirements

154.08 Payment.

Delete this subsection in its entirety.

PIR 2(4) - 10/5/2022 28 Special Contract Requirements

Section 155 – SCHEDULES FOR CONSTRUCTION CONTRACTS

155.02 Definitions.

(b) Preliminary Construction Schedule.

After “contract activities,” delete, “for the first 60 days after the effective date issued in the Notice to Proceed,” and insert “after the award”.

155.04 Preliminary Construction Schedule.

In the first paragraph, first sentence delete, “,except mobilization and traffic control, and Section 637 work,”.

In the third paragraph delete, “at least 7 days before the preconstruction conference,” and insert, “10 days after award of the contract”.

In the third paragraph, second sentence delete, “Within 7 days after,” and insert, “at”.

155.05 Initial and Baseline Construction Schedule

(a) Bar Chart Method (BCM).

(1) Progress bar chart.

In paragraph (c) after “submittals,” insert, “testing and startup procedures”.

(b) Critical Path Method (CPM).

In paragraph (a)(3) after “submittals,” insert, “testing and startup procedures”.

155.06 Baseline Schedule Update. Add:

Any schedule update showing a completion date beyond the contract time shall be accompanied with a request for a time extension in accordance with Subsection 108.03.

155.09 Measurement.

Delete this subsection and replace with the following:

The Construction schedule will not be measured directly for payment but will be considered a subsidiary obligation of the Contract.

PIR 2(4) - 10/5/2022 29 Special Contract Requirements

Section 156 – PUBLIC TRAFFIC

156.04 Accommodating Traffic During Work.

Add the following paragraph:

The Traffic Control Plan must be submitted for acceptance, accepted and implemented before any other work can commence at the project site.

PIR 2(4) - 10/5/2022 30 Special Contract Requirements

SECTION 157 – SOIL EROSION CONTROL

157.01 Description.

Delete the text of this subsection and substitute the following:

This work consists of developing and designing the Storm Water Pollution Plan (SWPPP), preparing and submitting the Notice of Intent (NOI) and Notice of Termination (NOT) to the Environmental Protection Agency (EPA), and furnishing materials, constructing/installing, and maintaining permanent and temporary erosion and sediment control measures.

This work shall be in accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) 2012 Construction General Permit (CGP) for erosion control due to storm water runoff from construction sites that disturb (or expose) one acre or more of land (soil).

The contractor shall implement the requirements for erosion control due to storm water runoff from construction sites as specified under Environmental Protection Agency Regulations noticed in the Federal Register Vol. 77, No. 40, February 29, 2012) and as specified under EPA regulations published at EPA’s storm water website, http://cfpub.epa.gov/npdes/stormwater/cgp.cfm, including the NPDES General Permit for Discharges From Construction Activities and NPDES 2012 Construction General Permit (CGP) – Fact Sheet, in accordance with the Clean Water Act, 33 U.S. C. §1251 et. Seq., as amended by the Water Quality Act of 1987, P.L. 100-4.

157.04 General.

Delete the text of this subsection and substitute the following:

The contractor shall prepare and implement a comprehensive SWPPP as required in Section 7.2 of the 2012 CGP. The SWPPP must, at a minimum, include the following information: declaration of the stormwater team; the nature of the construction activity, identification of other site operators; sequence and estimated dates of construction activities; a site map; declaration of the construction site pollutants; identification of all sources of non-stormwater pollutants; buffer documentation (if required); a thorough description of stormwater control measures to be used during construction; pollution (spill) prevention procedures; procedures for inspection , maintenance, and corrective action; documentation of staff training; documentation of compliance with other federal requirements; SWPP certification (signature); post-authorization additions to the SWPPP (i.e., a copy of the NOI, a copy of the eNOI acknowledgement letter, and a copy of the CGP). A copy of the SWPPP is required to be kept on site. [This list represents a summary of the SWPPP content requirements. Refer to Section 7.2 of the CGP for complete content requirements and detail. A PDF copy of the CGP is available at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm and SWPPP templates and examples are available at http://cfpub.epa.gov/npdes/stormwater/swppp.cfm.]

PIR 2(4) - 10/5/2022 31 Special Contract Requirements

The contractor will complete an NOI form for the project. The NOI form must be submitted to the EPA electronically (eNOI) at:

http://cfpub.epa.gov/npdes/stormwater/cgpenoi.cfm.

Construction activities shall not commence until 14 calendar days after acknowledgment of receipt of your complete NOI is posted on EPA’s NPDES website at http://www.epa.gov/npdes/stormwater/cgp .

Also, prior to the start of construction, all subcontractors shall sign certifications stating that they understand the requirements of the NPDES General Permit. All subcontractors shall comply with the requirements of the permit under the supervision of the contractor.

Ten (10) days after the award of contract the Contractor will provide the Contracting Officer with the draft SWPPP for review. Upon acceptance of the SWPPP the contractor will submit five (5) copies of the accepted plan to the Contracting Officer. The SWPPP will describe and ensure the implementation of practices which will be used to reduce the pollutants in storm water discharges to assure compliance with the terms and conditions of the NPDES CGP in accordance with good engineering practices and cost-effective approaches.

Termination of Coverage

Requirements

The Contractor may only submit a Notice of Termination (NOT) after one or more of the following conditions have been met:

1) earth-disturbing activities at the site are completed and the conditions in Parts 8.2.1.1 thru 8.2.1.4 of the CGP are met; or

2) the permittee has transferred all areas under its control to another operator, and that operator has submitted and obtained coverage under this permit; or

3) the permittee has obtained coverage under a different NPDES permit for the same discharges.

The NOT must be submitted within 30 days of one of the above conditions being met and after the project has been declared to be “substantially complete”. Authorization to discharge terminates at midnight of the day the NOT is electronically submitted

Submitting a Notice of Termination

It is the Contractor’s responsibility to submit a complete and accurate electronic NOT to EPA at http://cfpub.epa.gov/npdes/stormwater/cgpenoi.cfm. A copy of the acknowledgement letter from eNOI is to be provided to the BIA.

PIR 2(4) - 10/5/2022 32 Special Contract Requirements

157.05 Controls and Limitations on Work. Add:

In arid and semi-arid areas (areas with an average annual rainfall of 0 to 20 inches [0 to 508 mm)], temporary turf establishment will not be required for disturbed areas that will remain exposed for over 30 days.

157.06 Filter Barriers. Add:

Silt fences shall be used for silt barriers in accordance with the details shown on the SWPPP or designated by the Engineer.

157.12 (b) Temporary turf establishment.

Delete the text of this subsection and substitute the following:

Soil preparation, fertilizing, seeding and mulching for temporary and permanent soil erosion protection shall be in accordance with Section 625. – Turf Establishment.

157.17 Measurement.

Delete the text of this subsection and substitute the following:

When the bid schedule contains a lump sum item for “Soil erosion control,” no direct measurement for payment will be made for the soil erosion and pollution control work, development and implementation of the SWPPP, the Contractor’s “good housekeeping” practices and requirements, and NPDES permits associated with soil erosion control activities.

Temporary and permanent seeding of cuts, fills, borrow pits, aggregate pits and obliterated roadways will not be measured for payment under this section. Payment for this work will be included under Section 625 – Turf Establishment.

157.18 Payment. Add:

Five percent of the original contract amount for Item 15714 shall be paid upon acceptance of the SWPPP.

Within the first four weeks after the start of construction, the Western Regional Division of Transportation Environmental Specialist (or his designee) will conduct a site visit to inspect the Contractor’s compliance with the SWPPP. If the Contractor is in compliance, the Environmental Specialist shall recommend payment of forty-five percent of the original contract amount for Item 15714. If the Contractor is not in compliance, the Environmental Specialist shall schedule a follow-up site visit and no payments shall be made for Item 15714 at this time.

After the follow-up visit, if the Contractor is in compliance, the Environmental Specialist shall recommend payment of forty-five percent of the original contract amount for Item 15714. If the Contractor is still not in compliance, the Environmental Specialist shall

PIR 2(4) - 10/5/2022 33 Special Contract Requirements recommend to the CO/AO/AO that the project be stopped until the accepted SWPPP is in place.

The remaining amount for Item 15714 shall be paid at the time of “substantial completion” of the project.

Add:

15714 Soil erosion control LS

PIR 2(4) - 10/5/2022 34 Special Contract Requirements

ADD:

Section 159 – TERO PAYMENT

159.01 Description.

This is the payment or tax that the Contractor may be required to pay to TERO (Tribal Employment Rights Office) or equivalent Tribal Department.

159.02 Acceptance.

Acceptance shall be based on an invoice from TERO.

T…